The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 64] NEW DELHI, THURSDAY, NOVEMBER 29, 1973/AGRAHAYANA 8, 1895
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)
New Delhi, the 29th November, 1973/Agrahayana 8, 1895 (Saka)
The following Act of Parliament received the assent of the President on the 29th November, 1973, and is hereby published for general informa- tion:
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1973 No. 49 OF 1973
[29th November, 1973]
An Act further to amend the Code of Civil Procedure, 1908 BE it enacted by Parliament in the Twenty-fourth Year of the Republic
of India as follows: —
1. This Act may be called the Code of Civil Procedure (Amendment) Short title.
Act, 1973.
S of 1908
2.. For section 109 of the Code of Civil Procedure, 1908 (hereinafter
referred to as the said Code), the following section shall be substituted, namely: —
Substitu- tion of new sec- tion for section 109. When appeals lie to the Supreme Court.
6*4 TtfE GAZETTE OP INDIA EXTRAORDINARY [PAW H—Sic 1](ii) that in the opinion of the High Court the said question
needs to be decided by the Supreme Court.".
3. Section 110 of the said Cede shall be omitted.
Omission of sec- tion 110.
4. In the First Schedule to the said Code,—
(1) In Order XLV,—
Amend- ment of the First Schedule,
(a) in rule 3, for sub-rule (I), the following gub-rule shall
be substituted, namely: —
"(2) Every petition shall state the grounds of appeal
and pray for a certificate—
(i) that the case involves a substantial question of
law of general importance, and
(ii) that in the opinion of the Court the said queft-
tion needs to be decided by the Supreme Court.";
(b) rules 4 and 5 shall be omitted;
(2) In Appendix G, in Form No. 12, for the portion beginning with the words "TAKE notice" and ending with the words "the Supreme Court.", the following shall be substituted, namely: —
"TAKE notice that has applied to
this Court for a certificate—
(i) that the case involves a substantial question of law of
general importance, and
(ii) that in the opinion of this Court the said question
needs to be decided by the Supreme Court."
K. K- SUNDAHAM,
Secy, to the Gotrt. of India.