Uniform Civil Code: The Dormant Law

Prof. Annam Subrahmanyam and Mohan Rao, Bolla

Introduction

The High Court of Kerala in Agnes alias Kunjamol v. Regeena Thomas, has been confronted with a peculiar question of which the law has been dormant. It has, inter alia, reference to a long awaited issue of enactment of Uniform Civil Code. Despite the Constitutional mandate by Part – IV of the supreme law of the land, no state has had courage to make the law on the subject. Long ago, in the Shah Bano Case, the Apex Court has expressed its regrets that Article 44 of the Constitution has remained a dead letter. One decade after Shah Bano Case, in Sarla Mudgal v. Union of India, the Supreme Court of India, has reiterated the need for the Uniform Civil Code for India.

India has been declared more ‘secular’ through the 42nd Constitutional Amendment in 1976. Secular character was considered as one of the basic structures of the Constitution of India by the Kesavananda Bharathi Court. Alas, the plight of women in India has been continuing unabated in the male ‘chauvinistic’ society!

The Peculiar Agnes Case The story of the Agnes case hails from the most literate district of Kerala, viz., Ernakulam. There are several peculiar and interesting issues in this case. Firstly, it pertains to a ‘legal battle between a mother in law and a daughter in law’ in which the mother in law has succeeded in the lower courts. The brief facts of the Agnes case are as follows: The first plaintiff/appellant, Mrs. Agnes, was married to one Sebastian, the youngest son of the defendant. At the time of the marriage, a sum of Rs. One Lakh has allegedly been given to the defendants’ family by the first plaintiff’s family. Sebastian was also allegedly having 75% share in the Prakash Gold Covering business managed by his father. As the father was sick, the business was being run by Sebastian.

 

Another peculiarity of the case was that Sebastian became mentally sick and the sickness aggravated to such a stage that he had caused the death of one of his two children. He was prosecuted under Section 302 IPC but was given the benefit of Section 84 of IPC. He is undergoing treatment in a mental hospital. The other child of the first plaintiff and Sebastian, i.e., Ms. Nayana (minor) is the second plaintiff in the instant case.

 

After the death of the father in law, the business was run by Thomas the elder son of the defendant. The first plaintiff has been living in the ‘Tharawadu’ house (the ancestral residential house in the name of the defendant which is said to have been maintained with the One Lakh rupees brought by the first plaintiff). The defendant has been providing Rs. 1000/- per month and Thomas was giving Rs.2000/- per month for some time to the first plaintiff. Another peculiarity is that the defendants stopped giving the amounts to the Plaintiffs and strangely served eviction notice to the first plaintiff. Thus, the battle between the mother in law and the daughter in law has begun. The daughter in law replied obviously that she would be rendered homeless but the defendant and her family were not willing to provide anything for her and her daughter and were only willing to do something to Sebastian. Apprehending forceful dispossession, the suit was filed by the Plaintiff. The defendant resisted the suit.

 

The daughter in law claims that the amount of Rs. One lakh given by her family at the time of the marriage was utilized for the maintenance of the ‘tharawadu’ (ancestral) house. The house according to her has been orally given to her by the defendant. The defendant being a retired teacher claims that the (‘tharawadu’ house) schedule property was acquired with her own funds. She wants to evict the daughter in law (even without providing anything for her living) and sell the residential house to utilize the sale proceeds for treatment of her son Sebastian.

 

The Trial Court came to the conclusion that the first plaintiff was unable to establish any manner of right over the suit property and therefore, dismissed the suit. The Appellate Court too dismissed the appeal. Both the Courts found that “being a Christian there is no ‘tharawadu’ (ancestral) for the family and the first plaintiff has no manner of the right over the suit property.”

 

The Subordinate Status of Women

 

The concept of maintenance under all matrimonial statutes stems from the financial subordinate status of the woman. Women are socialized into accepting being wives and mother, as their primary role. As housemakers, women’s contribution to the household economy has remained unremunerated and un accounted for. Even when women do earn, they rarely had control over their earnings. Hence in most cases, when women are compelled to leave their matrimonial house due to any reasons, they were rendered destitutes. More often then, the children became the sole responsibility of the women. Of course, S. 125 Cr.P.C, some relief to such women. But, such a state of affairs is far from satisfactory. “ The Court lamented that ‘the relief provided under section 125 Cr.P.C., is far from satisfactory.’

 

Justice Bhavadasan has traced the position in Common law and observed that in Common law, the husband has no right to turn his wife out of the house. She has a right to reside there and it is not possible for the husband to drive her out. The Court recalled,’ the Hindu Law has always recognized the independent status of wife. In fact, Koutilya in Arthasasthra and Manu in Manusmruthi, have dealt with the right of maintenance of the wives. Both the parties belong to Christianity and the Indian Christian Marriage Act, 1872 does not provide any property rights to the daughter in law.

 

However, the Court held that the principle of ‘ubi jus ibi idem remedium’ applies in this case…,”

Article 44 : The Dead Letter

 

As a matter of regret the Court ruled that Article 44 of our Constitution had remained a dead letter. It provides that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” The Court observed that there was no evidence of any official activity for framing a common civil code for the country. A belief seems to have gained ground that it is for the Muslim community to take a lead in the matter of reforms of their personal law. A Common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. The Court expressed its hope that the community is likely to bell the cat by making gratuitous concessions on this issue.

 

The Court further reminded that ‘It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and unquestionably, it has the legislative competence to do so. A counsel in the case whispered, somewhat audibly, that legislative competence is one thing, the political courage to use that competence is quite another.’

 

The Court realized the difficulties in bringing persons of different faiths and persuasions on a common platform. But a beginning has to be made if the Constitution is to have any meaning. Inevitably, the role of the reformer has to be assumed by the courts because, it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. But piecement attempts of courts to bridge the gap between personal laws cannot take the place of a Common Civil Code. Justice to all is a far more satisfactory way of dispensing justice than justice from case to case. speaking through Chief Justice Y.V. Chandrachud in Mohd.Ahmed Khan v. Shah Bano Begum held as under:

 

“The High Court expressed wonder as to how long would it take for the Government of the day to implement the mandate of the Framers of the Constitution under Article 44 of the Constitution of India. The traditional Hindu Law – personal law of the Hindus – – governing inheritance, succession and marriage was given a go-by as back as 1955-56 by codifying the same. There is no justification whatsoever in delaying indefinitely the introduction of a uniform personal law in the country…. Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilized society. Article 25 guarantees religious freedom whereas Article 44 seeks to divest religion from social relations and personal law. Marriage, succession and like matters of a secular character cannot be brought within the guarantee enshrined under Articles 25, 26 and 27. The personal law of the Hindus, such as relating to marriage, succession and the like has all a sacrament origin, in the same manner as in the case of the Muslims or the Christians. The Hindus along with Sikhs, Buddhists and Jains have forsaken their sentiments in the cause of the national unity and integration, some other communities would not, though the Constitution enjoins the establishment of a common civil code for the whole of India.”

 

Comparing the two provisions viz. Arts.25 and 44 the Court analyzed that the former guarantees religious freedom whereas the latter divests religion from social relations and personal law. It is no matter of doubt that marriage, succession and the like matters of a secular character cannot be brought within the guarantee enshrined under Arts.25 and 26 of the Constitution. Any legislation which brings succession and the like matters of secular character within the ambit of Arts.25 and 26 is a suspect legislation. …. in Smt. Sarla Mudgal, President, Kalyani and others v. Union of India and others it was opined that it was a matter of regret that Art.44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country. Accordingly, ‘a common civil code will help the cause of national integration by removing the contradictions based on ideologies.’

 

Relief Granted

 

The evidence was to the effect that the first plaintiff hails from a poor family and her family will not be able to support her, if she goes to her parental house. One can only say that the position of the first plaintiff and her daughter is deplorable and precarious. The only course now open to this Court, is to let the plaintiffs continue to reside in the plaint schedule property till they are provided with another home by her husband’s family members. As already stated, the plaintiffs may not have any statutorily enforceable right in this regard. The Court finally ruled that certainly, the Plaintiff, ‘has a right to reside in the matrimonial house,’ reminding that her husband has been mentally ill and ‘one can easily understand the plight of the first plaintiff and her daughter.’

 

Accordingly, the appeals were allowed and in the result, the setting aside the judgments of the lower courts, the Hon’ble Court issued an ‘order of permanent prohibitory injunction against the defendant [or any one claiming under her] from dispossessing the plaintiffs from the plaint schedule property until they are provided with another suitable residence by the family members of Sebastian, her husband.’

 

The counter claim filed by the respondent/defendant was held dismissed. Further, the plaintiffs were held entitled to their costs throughout.

 

Conclusion

It may be concluded that this judgment of the Kerala High Court through the Justice P.BHAVADASAN would be an eye opener for the parliamentarians to come forward to enact a law in pursuance of Article 44 of the Constitution of India in the interest of rendering famine justice. It is sumitted that we can’t, with a sigh of relief, feel contended with the laudable judgments of the Courts like the one we are discussing about. It may be pointed out that time is ripened and it is for the legislature to enact a law for a Uniform Civil Code. It is analytically clarified in the case and the Court’s historic venture to do justice to an unfortunate Christian woman of whom the law has been silent, was so apt and appreciable.

 

But, the State cannot remain a mere spectator when many a Shah Bano and Agnes suffer due to lack of the statutory aid given in pursuance of Article 44 of the Constitution. By performing its duty, the State would render justice to the needy, deserving and deplorable Chiristian and Muslim (Minority) women. Hope that the parliamentarians exhibit the courage expected by the Supreme Court in Shah Bano and Sarla Mudgal cases by enacting a law in pursuance of Article 44 of the Constitution.

NEED FOR AMALGAMATION OF ALTERNATIVE DISPUTE RESOLUTION WITH CIVIL PROCEDURE CODE

By: V.G.Ranganath

During ancient time arbitration, conciliation and mediation were the means of settlement of disputes outside the formal legal system. In Ramayana, Angadha, the son of Vali approached Ravana and delivered the message of Lord Rama to opt the path of peaceful settlement. In Mahabhartha, Lord Sri Krishna endeavoured to mediate between the Pandavas and Kauravas. These alternative means were recognized not only in India but also in other parts of the world. Thus, settlement of dispute outside the scope of the formal legal system may be called as alternative means of settlement of disputes. However in the context of the law of arbitration the settlement of dispute through a mediator is necessarily treated as an alternative means. The settlement of disputes, outside the scope of the formal legal system was prevailing in India before the advent of Moghul regime. India is a country of villages and among the rural folks the settlement of disputes used to be resolved by rural intellectuals and by prominent persons or villages. On arrival of Englishmen/Britishers in India this system diminished by the inception of formal legal system.

The Judicial system developed by the Britishers was very expensive and time consuming and due to these reasons the people’s faith on such legal system was being diminished. After the independence it was realized that there is need to have such an alternative means of dispute resolving system or machinery which may be economical and less time consuming. Consequently emphasis was put on developing the alternative means for settlement of disputes which should be scientifically designed. Even, the International Community paid attention towards this traditional alternative means for settlement of disputes by way of arbitration, conciliation and mediation. It is to be seen that not only in India but also in China, England and United States of America this traditional alternative means for settlement of disputes was prevailing since long. Now, the international business community is of firm opinion that alternative dispute resolution-ADR is the only means or way to get rid from the demerits of the present legal system.

It is a universally admitted fact that arbitration, conciliation, and mediation are efficient alternative means for resolving disputes. Undoubtedly, these alternative means are less expensive and are not time consuming which are in fact very important for protection of commercial relationship.

In past years it has been witnessed that settling the disputes by the alternative means such as arbitration, conciliation and mediation and its scope have been considerably increased in the business field. Several developed and developing countries have adopted and recognized the alternative dispute resolution for resolving the international commercial disputes. The United States of America is the first country which has not only campaigned for alternative means for settlement for settlement of international commercial disputes but also adopted the system of alternative means of dispute settlement. It should be made clear that the alternative dispute resolution is not an alternative to the formal judicial system but only a supplement to it, its main object being to render economical and speedy disposal of disputes. Notably, negotiation, mediation, arbitration and conciliation are the system which comes within the purview of the alternative means for dispute resolution.

Now a days, disputes are inevitable, there is an urgent need to find a quick and easy method of resolution. These disputes or conflicts hinders the development and disturbs the physical strength  and mental peace of human life. To lead a passionate life, the human being should be without any conflicts. But is it possible? For every thing the person is finding litigation and approaching the Courts. There are so many litigations in form of mounting arrears  of cases and filing of cases. According to rough estimate, all pending cases, which approximately go beyond two crores in India, would take a minimum of 324 years for final disposal, provided no new suit or proceedings is filed.[2]

In view of increasing importance of alternative means for settlement of disputes, it has become necessary to train the person for this purpose and impart expertise in this field as skilled persons are required to perform under the system of alternative disposal of disputes. Thus with the object to give statutory recognition to alternative means of settlement of disputes, the necessity of an organization was felt. On 4th December 1997 the Chief Ministers of States and the Chief Justices of the High Courts met in New Delhi to discuss at length the alternative means of dispute resolution. In the meeting it was declared that the present justice delivering system is not capable to bear the whole workload and it would be appropriate to deliver justice by the alternative means of disposal of disputes as well. Under this system there is a procedural flexibility and also in time and money saving besides the absence of tension of regular trial.

In this context the legendaries of various fields i.e., commercial, administrative and legal unanimously constituted an institution to be called “International Centre for Alternative Dispute Resolution-ICADR. This institution was established in Delhi on 31st May, 1995 and registered under the Society Registration Act, 1960. It is an autonomous non-beneficial institution. The chief object of this institution is to inculcate and expand the culture of alternative dispute resolution. However, other objects of the International Centre for Alternative Dispute Resolution are as under:-

  1. to expand, encourage and popularise the scientific means for settlement of local, national and international commercial disputes;
  2. to provide assistance and render facilities for arbitration, conciliation and mediation;
  3. to develop the alternative means of dispute resolution among the communities in accordance with their social, economic and other requirements;
  4. to appoint conciliator and mediator on the request made by the parties in the dispute. In accordance with the Arbitration and Conciliation Act, 1996 if the parties are unable to appoint the mediator or conciliator or arbitrator they can designate or nominate the person or institution for the appointment of the mediator. Similar power has also been conferred upon the Chief Justice;

Advantages of the Alternative means of Dispute Redressal

  1. The alternative means of dispute redressal can be invoked at any time, even if the matter is pending in the Court of Law. Similarly it can be terminated at any time except in case of compulsory arbitration.
  2. The disputes can be resolved comparatively more economically and speedily. Disputes can be maintained as the personal subject-matter. Sometime disputes are resolved within one or two days’ time because the procedure adopted by the mediator is controlled and consented by the parties. Thus, real solution of the dispute can be arrived at by the system of alternative means of dispute redressal.
  3. The system of alternative means of dispute redressal can be followed without seeking legal assistance from the advocates-lawyers.
  4. This system effectively reduces the work-load of the court.
  5. Finally, this system provides flexible procedure, strict procedure of law is not applicable to alternative means of disputes redressal.

Undoubtedly, the present world is undergoing a kind of revolution, not only in the field of communication and information technology but also in the field of trade and commerce. Even the domestic as well as international trade and commerce are not untouched in the prevailing scenario. It has been realized that the law of arbitration requires to be developed, promoted and also applied so that the regular Court of law which is already over-burdened on account of complexities and disputes in every walk of life is reduced with judicial burden.

Need for ADR:

  1. Mounting arrears of matters before Court system
  2. Expedite settlement

 

The Code of Civil Procedure introduced certain provisions giving the power to courts to settle the matters out side the Court. Section 89 provides for the settlement of disputes outsides the Court. The provisons of this section are based on the recommendations made by Law Commission of India and Malimath Committee. It was suggested by Law Commission of India that the Court may require attendance of any party to the suit or proceedings to appear in person with a view to arriving at an amicable settlement of  dispute between the parties and make an attempt to settle the dispute between the parties amicably. Malimath Committee recommended to make it obligatory for the Court to refer the dispute, after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement or through Lok Adalat. It is only when the parties fail to get their disputes settled through any of the alternative dispute resolution method that the suit could proceed further. In view of the above, by Amendment of 1999 a new section 89 has been inserted in order to provide for alternative resolution.

The object of Section 89 appears to promote alternative methods of dispute resolution which  may not be bound by any specific procedure and further resolves the dispute expeditiously.

According to the statement of Object and Reasons appended to the Bill (Amendment Act 1999) “this is a special provision made for settlement of disputes outside the courts”. A litigant is free to settle his dispute on a reference made by the court by resorting to any of the following methods:

(a)    Arbitration

(b)   Conciliation

(c)    Judicial Settlement including settlement through Lok Adalat, or

(d)   Mediation.

It seems that the special provision has been introduced in order to help the litigant to settle his dispute outside the court instead of going through the elaborate process in the court trial. This is a special procedure for settling the dispute outside the courts by simpler and quicker methods. The decision rendered by different forums shall have the same binding effect as if made by a civil court after an elaborate trial.

Provisions of the section are based on 129th Report of the Law Commission of India as well as Justice Malimath Committee Report.

 

Settlement of Dispute outside Court

Section 89 provides that where it appears to the court that there exist elements of settlement which may acceptable to the parties the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations, the court may formulate the terms of possible settlement and refer the same for:

(a)    arbitration;

(b)   conciliation;

(c)    judicial settlement including settlement through Lok Adalat; or

(d)   mediation

Section further provides that where the dispute is referred to arbitration or conciliation, the provisions of Arbitration and Conciliation Act, 1996 would apply; where referred to Lok Adalat, the relevant provisions of Legal Services Authority Act, 1987 would apply. In case it is referred to mediation, the Court shall affect a compromise between the parties and shall follow such procedure as may be prescribed.

It is, however not clear from the provisions of Section 89 that whether the reference by the court to the alternative method of dispute resolution mechanism is mandatory or directory. It also not set out the stage for such a reference.

The provisions embodied under Section 89 do not suffer from any constitutional infirmity.[3]

 Order X of Civil Procedure Code: The provisions of O.X  confer on the court a power to examine parties with a view to ascertain the real points in the controversy between them, and to get admissions from them, with a view to eliminate irrelevant issues and evidence and thereby shorten the trial.[4] This rule relates only the ascertainment by statements of the parties themselves or their pleaders whether allegations in the pleadings which were admitted or denied by them. Such ascertainment is to be made when the allegations or not expressly or impliedly admitted or denied by the party against whom they are made[5].

The rule used the expression “first hearing”. What does this expression mean? The expression has not been defined in the Code. It is the day on which the court purposes to apply its mind to determine the points in the controversy between the parties to the suit and to frame the issues if necessary[6]. It is the day the court applied its mind and goes into the pleadings of the parties in order to understand their contentions[7]. After recording the admissions and denials the Court shall direct the parties to settle the matter out of court and adopt the modes embodied in Section 89 of the Code, that is arbitration, conciliation, mediation or Lok Adalat.

The object of the examination under this rule is to ascertain the matters in dispute and not to take evidence or to ascertain what is to be the evidence in the case[8].  Rule 2 has been substituted to make it obligatory on the part of the court to examine the party appearing in person or present in the Court for elucidating the matters in the controversy.

At the first hearing of the suit the Court can examine a party or his witness, orally in order to elucidate the matters in the controversy[9]. Where the party’s pleader refuses or is unable to answer material questions the Court can direct personal attendance of the party himself. If the party fails without lawful excuse to appear on the appointed date, the Court may pronounce judgment against him or make such orders as it thinks fit[10].

The intention of this rule is to enable the Court not only to get obscure points cleared up by obtaining information from either of the parties, but also if possible, to get admission so as to narrow down the issue.

The rule is a penal provision and before the Courts can apply it, its terms have to be strictly complied with. Under this rule an order directing a party to appear in person can only be made if the pleader who represents him has refused or is unable to answer material questions[11].

Civil Procedure Alternative Dispute Resolution and Civil Procedure Mediation Rules, 2005[12]

1. The Court shall after recording admission and denials at the first hearing of the Suit under Rule 1 of Order X and where it appears to the Court that there exists elements of a settlement and give them to the parties, formulate the terms of settlement and give them to the parties for their observations under sub-section (1) of Section 89, and the parties shall submit to the Court their responses within thirty days of the first hearing.[13]

2. The Court shall give guidance to parties while giving direction to opt for ADR, its advantages, relationship between the parties which requires to be preserved.[14]

3. If the suit has been referred for any of the mode mentioned in Section 89 and has not been settled or not be proper in the interests of justice to proceed further with the matter, the suit shall be referred back again to the Court with a direction to the parties to appear before the Court on a specific date.[15]

4. The High Court shall take steps to have training courses conducted in places where the High Court and the District Courts or Courts of equal status are located, by requesting bodies recognized by the High Court or the Universities imparting legal education  or retired Faculty Members or other persons who, according to the High Court are well versed in the techniques of alternative methods of resolution of dispute, to conduct training courses for lawyers and judicial officers.[16]

5. The High Court and the District Courts shall periodically conduct seminars and workshops on the subject of alternative dispute resolution procedures throughout the State or States over which the High Court has jurisdiction with a view to bring the awareness of such procedures and to impart training to lawyers and judicial officers.[17]

6. The parties to a suit may all agree on the name of the sole mediator for mediating between them and where there are two sets of  parties and are unable to agree on a sole mediator, each set of parties shall nominate a mediator.[18]

7. The following persons shall be treated as qualified and eligible for being enlisted in the panel of mediators[19]:-

(a) Retired Judges of the Supreme Court of India, Retired Judges of the High Court, Retired Judges and Sessions Judges or retired Judges of the City Civil Court or Courts of equivalent status.

(b) Legal Practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court  or the District Courts or Courts of equivalent status.

(c) Experts or other professionals with at lease fifteen years standing or retired senior bureaucrats or retired senior executives.

(d) Institutions which are themselves experts in mediation and have been recognized as such by the High Court, provided the names of its members are approved by the High Court initially or whenever there is change in membership.

7. The venue for conducting mediation is at any place basing on the consent of the parties.[20]

8. On the expiry of sixty days from the date fixed for the first appearance of the parties before mediator, the mediation shall stand terminated, unless the Court, which referred the matter, either suo-motu, or upon request by the mediator or any of the parties, and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond further period of thirty days.[21]

9. The Court to fix a date for recording settlement within seven days of the receipt of any settlement, the Court shall issue notice to the parties fixing a day for recording the settlement, such date not being beyond a further period of fourteen days from the date of receipt of settlement, and the Court shall record the settlement, if it is not collusive.[22]

10. At the time of referring the disputes to mediation, the Court shall, after consulting the mediator and parties, fix the fee of the mediator.[23]

11. The mediator shall follow certain ethics:

(1) not carry on any activity or conduct which could reasonably be considered as conduct unbecoming of a  mediator.

(2) uphold the integrity and fairness of the mediation process.

(3) Be faithful to the relationship of trust and confidentiality imposed in the office of mediator.

(4) Disclose any interest or relationship likely to affect impartiality or which might give an appearance of partiality of bias.

(5) Conduct all proceedings related to the resolutions of a dispute, in accordance with the applicable law.

Conclusion: To achieve the inner peace of mind, the parties should attempt to settle the matter in an amicable manner which leads to strong harmony and leads to efficacious results.

THE END


[1] The Author is working as an Assistant Professor, Padala Rama Reddi Law College, Hyderabad.

[2] Alternative Dispute Resolution, Negotiation and Mediation-Dr.Madabhushi Sridhar

[3] Salem Advocates Bar Association, Tamilnadu v Union of India, AIR 2003, SC 189.

[4] Ram Krishna v Ram Janaki, AIR 1992 All 335).

[5] Balmiki Singh v. Mathura Prasad, AIR 1967 All 259

[6] Siraj Ahmad Siddiqui v. Prem Nath Kapoor, AIR 1993 SC 2525).

[7] Arjunchiamal Makhijani v.Jamnadas Tuliani, AIR 1959 SC 1599; Siraj Ahmad Siddiqui v. Prem Nath Kapoor, AIR 1993 SC 2525.

[8] Gunga v.Tiluckram, (1888) 15 Cal 533

[9] Collector(District Magistrate) Allahabad v. Rajaram, AIR 1985 SC 1622).

[10] Rule 4 of O.X of CPC

[11] Satu v. Hanmantrao, (1899) ILR 23 Bomb 318

[12] Ins.by G.O.M.S. No.40, Law (LA&JHC-D), dt.2.4.2008 w.e.f. 22.2.2006, Pub. in R.S to Part-I of the A.P.Gaz., No.9, dt.17.7.2008.

[13] Rule 307 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[14] Rule 309 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[15] Rule 311 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[16] Rule 311 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[17] ibid

[18] Rule 314 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[19] Rule 315 and 316  of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[20] Rule 318 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[21] Rule 330 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[22] Rule 337  of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.

[23] Rule 338 of Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980.