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(Guest)

Civil procedure code 1908

Hi Friends , Myself use to Code of Civil Procedure 1908 very well , but some time I feel this whole Code of Civil Procedure 1908 should be re-drafted and made easy for fresher.  This CPC is made for fressure to understand procedure , once they understood after that no one reads it ,  only looks when there is some serious interpretational issue.

World bank too have rated Indian CPC complex .

Order V issue of summons is traditional way , no use of modern technology , where goal is to only informed suit is filled and you need to appear . There cases where summons not served to defendants for 15 years. Joke but truth but I have seen. Adv. go and tell client other party is in different dist. so taking time . but does not give idea or use idea to move summons fast. 

There is very less liability on Advocate if he does not do procedure properly . There is only one or two rule where it states Advocate liability to inform court when his client dies . Remaining no Liability on him. Some time feel sad when advocate don't do procedure properly for opp. side or do intentionally procedure blunders . Its ok when fresher do procedure blunder it can be bit tollerated but people who have spend 10-15 years in Judiciary practising it makes sad. 

I have seen Advocate intentioanlly not putting Process fee stamp, some delaying unnecessary , The goal of finishing suit in min. time is never target of Advocate but to try to prolong as much it can. 

I feel some time many obsolete wordings like Presidency town etc. is there . Fresher don't know what is Presendency Town .

Method of taking adjournement by telling to Bhau Saheb next to judge without application this too should be stop.

For silly application you need to say few words and present conflicting views , and Adv. go and tell his client what big argument is done. In some cases Adv. yeda ban ke pedha khate hee and his client too does not know that his Adv. is not making serious or taking argument just doing time pass , and Judge is mute spectator .

 

Sorry in Lawyers Club waiting for hammering from all Advocates and Law graduates but sincerely could not resist to tell my views that this good proffession we are only spoiling its name . 

 

 

 



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