ARIJIT PASAYAT, Y.K.SABHARWAL, B.N.KIRPAL
Salem Advocate Bar Association – Appellant
Versus
Union of India – Respondent
What is the validity of amendments to the Code of Civil Procedure under the Constitution? What are the practical difficulties in implementing the amendments to the CPC, and how should ADR be promoted to expedite justice? What is the role of a committee to ensure effective implementation of the amendments and quicker dispensation of justice?
1. Rule.
2. These writ petitions have been filed seeking to challenge amendments made to the Code of Civil Procedure by the Amendment Act 46 of 1999 and Amendment Act 22 of 2002.
3. Writ Petition (C) No. 496 of 2002 was filed by the Salem Advocate Bar Association and after notice was issued the petitioner sought leave of this Court to withdraw the Writ Petition. By order dated 16th September, 2002, the prayer to withdraw the Writ Petition was declined, as the petition had been filed in public interest. At the request of the Court, Shri. C.S. Vaidyanathan, senior advocate assisted by Shri. K.V. Vishwanathan, advocate agreed to assist the Court as amicus curiae and they have rendered assistance to the Court for dealing with the case. The Court records its appreciation for the assistance given.
4. In the petitions, the amendments which were sought to be made by the aforesaid, amendments Acts, have been challenged, but we do not find that the said provisions are in any way ultra vires the Constitution. Neither Mr. Vaidyanathan nor any other learned counsel made any submissions to the effect that any of the amendments made were without legislative competence or violative of any
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.