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Extraordinary Gazette of India · Government of India

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Published 29 November 1973

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E-1313-1973-0064-58062
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REGISTERED NO. D.221

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.

"109. Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies— (i) that the case involves a substantial question of law of general importance; and ( 643 ) 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.

PRINTED BY THE MANA0ER, GOVERNMENT O7 INDIA POT8S, MINTO ROAD, K1TW DELHI AND PUBLISHED BY XHJt CONTBOLLW Of PUBUCJLTIONB, ™**fTTj 1 9 7J
Cite this issue. Extraordinary Gazette of India, Government of India, 29 November 1973. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1973-11-29.E-1313-1973-0064-58062/. Archive identifier in.gazette.csl_extraordinary.1973-11-29.E-1313-1973-0064-58062.