M S KHALSA Vs. CHIRANJI LAL

JUDGEMENT

(1.) I am indebted to brothers Satish Chandra and C. S. P. Singh for the opinions they have prepared, which I had the benefit of perusing. They have very dextrously reviewed almost whole of the law and have very ably arrived at certain conclusions on the vexed questions which have defied solution and have been a prolific source of litigation in the subordinate courts and in the High Court without end. The decided cases of this Court noticed by my learned brothers show that despite all efforts we have only succeeded in cooking a soup of varied hue and colour and nobody has been the wiser as to what it is and what it tastes like. I share the view of brother C. S. P. Singh that the situation calls for modification of the relevant rules for achieving clarity and definiteness. There is no denying the fact that in the day to day working of the subordinate Courts in the exercise of their civil jurisdiction the problems posed will always arise in the disposal of the cases on the adjourned dates and the sooner the modification is done the better it would be for all. Considering the importance of the questions referred, I would like to add a few words of my own.

(2.) ORDER XVII, Rule 3 of the Code of Civil Procedure as amended by this Court stands as follows:-

(3.) RULE 2 as amended by this Court stands as follows:-