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2003 DIGILAW 1261 (SC)

Salem Advocate Bar Association, T. Nadu v. Union of India

2003-10-06

B.N.AGRAWAL, Y.K.SABHARWAL

body2003
ORDER : 1. Pursuant to the order dated 8th September, 2003 a Committee constituted by this Court in the matter - Salem Advocate Bar Association v. Union of India [ 2003 (1) SCC 49 ] with Hon'ble Mr. Justice M. Jagannadha Rao as Chairman has submitted the Report along with a covering letter dated 13th August, 2003. It is evident that the Report has been prepared after considering large number of responses that had been received, exchange of views among Members during various meetings and on indepth study of the relevant aspects. The report is in three parts. One part contains the consideration of various grievances relating to amendments of CPC made in the years 1999 and 2002, the Committee has given item wise recommendations. Part two contains the consideration of various points raised in connection with the Consultation Paper on Draft Rules for Alternative Dispute Resolution as envisaged in Section 89 of the Code of Civil Procedure read with Order 10 Rules 1A, 1B and 1C. This part also contains the Model Rules. The 3rd part contains conceptual Rules and also the Model Rules of case Management as they finally emerge. These Model Rules refer to the case management procedures for use in the trial courts (civil and criminal), in first appellate courts (civil and criminal) and finally in the High Court (civil and criminal). By order dated 8th September, 2003, we directed that before considering the Report it would be expedient to put Bar Council of India to notice to assist us in the matter. It was further directed that in consultation with the learned counsel and Bar Council of India, we would request certain members of the Bar to assist the Court as amicus curiae. According to the Office Report the Bar Council of India was served by special messenger on 11th September, 2003. It is, however, unfortunate that there is no representation before us, insofar as bar Council of India is concerned. Having heard learned counsel, we request Mr. K. Parasaran and Mr. Arun Mohan learned senior advocates to assist the Court besides the learned counsel appearing in the matter. Registry is directed to send copies of the Report to Mr. Parasaran and Mr. Arun Mohan. Copy of the Report shall also be given to Union of India and Mr. PN. Puri, learned counsel for the petitioner in WP(C)No.570/2002. List the matter on 4th November, 2003.