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2002 Supreme(MP) 1032

Y.K.SABHARWAL, ARIJIT PASAYAT, B.N.KIRPAL
Salem Advocate Bar Association, Tamilnadu – Appellant
Versus
Union of India – Respondent


Advocates:
C.S. Vaidyanathan and K.V. Vishwanathan for amicus curiae;
Soli J. Sorabjee, Attorney General, Mukul Rohtagi,
Additional Solicitor General for Union of India.

JUDGMENT

Kirpal, C.J.I. -- 1. Rule.

2. These writ petitions have been filed seeking to challenge amendments made to the Code of Civil Procedure by the Amendment Act No. 46 of 1999 and Amendment Act No. 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 agree 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 Amendment 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 competen




































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