Preamble .

Whereas it is expedient to amend the Code of Civil Procedure, 1908 (Act V of 1908) (hereinafter referred to as the said Code) in its application to the State of Assam in the manner hereinafter appearing:It is hereby enacted as follows:

S.1 Short title, extent and commencement

(1) This Act may be called the Code of Civil Procedure (Assam Amendment) Act, 1953.(2) It shall have the like extent as the said Code.(3) It shall come into force on the date on which the Code of Civil Procedure (Assam Amendment) Ordinance, 1952 (Ordinance I of 1952) ceases to operate.

S.2 Amendment of Section 123 of the Code of Civil Procedure, 1908

For Cl. (a) of sub-section (2) of Section 123 of the said Code the following shall be substituted, namely:“(a) three Judges of the High Court established at the town at which such committee is constituted; provided that the Chief Justice may appoint only two Judges of the High Court on the committee if the number of Judges of the High Court does not exceed three”. 

Legal Commentary on CODE OF CIVIL PROCEDURE (ASSAM AMENDMENT) ACT, 1953 - Section 2

Introduction

The Code of Civil Procedure (Assam Amendment) Act, 1953, serves to amend the original Code of Civil Procedure, 1908, specifically in its application to the state of Assam. This amendment aims to address local legal needs and streamline civil procedures within the state.

What does Section 2 Say

Section 2 of the Assam Amendment Act specifically amends Section 123 of the Code of Civil Procedure, 1908. It outlines the modifications made to the original provisions, thereby adapting them to the context of Assam.

Essential Ingredients

• Amendment Focus: The primary focus of Section 2 is the amendment of Section 123, which deals with specific procedural aspects of civil litigation.
• Local Adaptation: The amendment reflects the necessity for local adaptation of civil procedures to better serve the judicial needs of Assam.

Scope of Section

• Extent of Application: The amendment applies specifically to the state of Assam, ensuring that the civil procedure code is relevant and effective in the local context.
• Judicial Efficiency: By amending the provisions, the Act aims to enhance judicial efficiency and accessibility for the residents of Assam.

Punishment for Section

• No Direct Punishment: Section 2 does not prescribe any specific punishment; rather, it focuses on procedural amendments. Any violations would be subject to the general provisions of the Code of Civil Procedure.

Legal Comments

• Title - Summary - [Source Reference]
• Amendment Purpose - The Act aims to amend the Code of Civil Procedure, 1908, specifically for Assam, to address local judicial needs. - [Source Reference]
• Local Relevance - The amendments are tailored to ensure that civil procedures are relevant to the socio-legal context of Assam. - [Source Reference]
• Judicial Efficiency - The changes are intended to improve the efficiency of civil litigation in Assam. - [Source Reference]
• Section 123 Focus - Section 2 specifically amends Section 123, which is crucial for procedural clarity in civil cases. - [Source Reference]
• Implementation Date - The Act came into force on the date specified in the enactment, ensuring immediate applicability. - [Source Reference]
• Extent of Application - The amendment has the same extent as the original Code, reinforcing its applicability across Assam. - [Source Reference]
• Historical Context - The amendment reflects a historical evolution of civil procedure in Assam, adapting to changing legal landscapes. - [Source Reference]
• Legislative Intent - The legislative intent behind the amendment is to streamline civil procedures for better access to justice. - [Source Reference]
• Judicial Interpretation - Courts in Assam are expected to interpret the amended provisions in light of local customs and practices. - [Source Reference]
• No Penal Provisions - The amendment does not introduce penal provisions, focusing instead on procedural adjustments. - [Source Reference]
• Legal Framework - The amendment is part of a broader legal framework aimed at modernizing civil procedures in India. - [Source Reference]
• Impact on Litigants - The changes are likely to have a significant impact on litigants, making the process more user-friendly. - [Source Reference]
• Adaptation to Local Needs - The amendment signifies a move towards adapting legal frameworks to meet local needs effectively. - [Source Reference]
• Judicial Discretion - The amendment may grant courts greater discretion in handling civil matters, reflecting local judicial practices. - [Source Reference]
• Public Awareness - There is a need for public awareness regarding the amendments to ensure effective utilization of the legal provisions. - [Source Reference]
• Future Amendments - The Act sets a precedent for future amendments to the Code of Civil Procedure in response to local requirements. - [Source Reference]
• Legislative Clarity - The amendment aims to provide clarity in legal procedures, reducing ambiguity for practitioners and litigants alike. - [Source Reference]
• Integration with Existing Laws - The amendment integrates with existing laws, ensuring consistency in legal practice across Assam. - [Source Reference]
• Judicial Review - The amendments may be subject to judicial review to ensure they align with constitutional principles. - [Source Reference]