THE CODE OF CIVIL PROCEDURE (KARNATAKA AMEDMENT) ACT, 2023
KARNATAKA ACT NO. 08 OF 2024
Arrangement of Section
Sections:
1. Short title, commencement and extent
2. Insertion of new rule 4 in Order XVII C.P.C
STATEMENT OF OBJECTS AND REASONS
Amendment Act 08 of 2024:- It is expedient to provide for speedy disposal of cases in which persons having no sustained strength to fight prolonged litigation in courts are involved and whereas it is expedient further to amend the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to secure to persons having no sustained strength to fight prolonged litigation in courts of Law by reason of their being small or marginal farmers and persons of the economically weaker sections i.e., persons whose income from all sources does not exceed fifty thousand rupees in a year, speedy justice by stipulating a reasonable time frame within which such cases shall be disposed of on performance. There is a need to evolve a suitable procedure for expeditious disposal of the cases and to achieve these objectives.
Hence, the Bill.
[L.A. Bill No.13 of 2023, File No. SAMVYASHAE 20 SHASANA 2023]
[Entry 13 of List III of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.127 in part-IVA dated:29.02.2024]
KARNATAKA ACT NO. 08 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 29th day of February 2024)
THE CODE OF CIVIL PROCEDURE (KARNATAKA AMEDMENT) ACT, 2023
(Received the assent of the President on the 18th day of February, 2024)
An Act further to amend the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in its application to the State of Karnataka, to provide for speedy disposal of cases in which persons having no sustained strength to fight prolonged litigation in courts are involved.
Whereas it is expedient further to amend the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to secure to persons having no sustained strength to fight prolonged litigation in courts of Law by reason of their being small or marginal farmers and persons of the economically weaker sections i.e., persons whose income from all sources does not exceed fifty thousand rupees in a year, speedy justice by stipulating a reasonable time frame within which such cases shall be disposed of on preference;
Be it enacted by the Karnataka Legislature in the seventy fourth year of the Republic as follows:-
1. Short title, commencement and extent.- (1) This Act may be called the Code of Civil Procedure (Karnataka Amendment) Act, 2023.
(2) It shall extend to the whole of the State of Karnataka.
(3) It shall come into force from such date as the state Government may by notification appoint.
2. Insertion of new rule 4 in Order XVII C.P.C.- In Order XVII of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) after rule 3, the following shall be inserted, namely:-
“4. Priority of disposal of cases involving small farmers and persons belonging to the economically weaker sections.- (1) Where in any suit or other proceeding in any court, a small farmer or a person belonging to the economically weaker sections is involved either as plaintiff or as defendant, such case shall be taken up on priority over other cases listed for the day.
(2) The Court shall hear and dispose of such case, as far as possible within six months,-
(i) in a case pending on the date of commencement of the Code of Civil Procedure (Karnataka Amendment) Act, 2023 from such date of commencement or the date next fixed for hearing of the case, or;
(ii) in a case filed after the commencement of the Code of Civil Procedure (Karnataka Amendment) Act, 2023 from the date fixed in the summons or notice of such suit or proceeding for the appearance of the defendant or respondent.
(3) (i) Notwithstanding anything said in clause (i) of sub-rule (2) above a party claiming benefit of this rule, may apply to the Court along with an affidavit in proof of his beneficiary status, for disposal of his case on preference in accordance with the provisions of this rule.
(ii) In cases filed after the commencement of this Amendment Act, the beneficiary may apply to the Court, if he is the plaintiff, and if he is a defendant on the date of his first appearance before Court, in response to the summons, in the same manner as in clause (i) above.
(iii) Where the beneficiary status of the applicant is disputed the Court shall try the question summarily and dispose of the application as for as possible within fifteen days, on such terms including compensatory costs.
(4) In disposing of a case under this rule the Court may, in appropriate circumstances, adopt the procedure set out in the provisions of Order X, Order XII and Order XXXVII of the Code.
(5) No adjournment shall be granted in such a case at the instance of the opponent of the beneficiary, except for compelling reasons to be recorded by the Court.
Explanation 1: For the purposes of this rule a 'case' includes a suit or other proceeding arising out of such suit pending in the High Court, or other Civil Courts.
Explanation 2: 'Small farmer' means a person who on the date of commencement of this Act, holds whether as owner, or mortgagee with possession or partly in one capacity and partly in another not more than
such units of land, the annual income from which does not exceed such amount as determined by the State Government and who has no income from any source other than agriculture. Explanation 3: 'Persons belonging to weaker section' means persons whose annual income from all sources does not exceed as specified by the Government from time to time.”
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