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2003 Supreme(P&H) 525

G.S.SINGHVI, M.M.KUMAR, KIRAN ANAND LALL
Parshotam Dass – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.KUMAR, J.

1. Every time reforms are carried in substantive law or procedural law, there is resistance to its introduction and efforts are made at least to confine such reforms to the convenient limits suitable to a litigant. Many of the reforms recommended in the Code of Civil Procedure in the report of Justice V. S. Malimath are sought to be concretised and implemented by the amendments of various provisions of the Code of Civil Procedure, 1908 (for brevity, the Code). Two Acts have now been enacted by the Parliament which are known as the Code of Civil Procedure (Amendment) Act, 1999 (for brevity, 1999 Act) and the Code of Civil Procedure (Amendment) Act, 2002 (for brevity, 2002 Act). Both the Acts have been enforced w.e.f., 1-7-2002. The basic object of these reforms appears to be speedy disposal of cases, inter alia, by curtailing the right of intra Court appeal. It is in this context that two significant questions have arisen before the Letters Patent Bench during the course of hearing of the instant Letters Patent Appeal No. 1246 of 1999. An objection was raised on behalf of the respondents that the letters patent appeal was not maintainable in view of Sec. 100-A





















































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