The Code Of Civil Procedure (Karnataka Amendment) Act, 2023

 

[08 OF 2024]

[18th 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:-

Section - 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.

Section - 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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The Code Of Civil Procedure (Karnataka Amendment) Act, 2023

 

[08 OF 2024]

[18th 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:-

Section - 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.

Section - 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.