Description

Section 155 of the Code of Civil Procedure (CPC) addresses the amendment of certain acts or laws related to civil proceedings. This section authorizes the amendment of specific laws or provisions to ensure their alignment with the requirements of the CPC, or to make them consistent with judicial needs. It generally empowers the government or the relevant authority to make amendments to certain laws in relation to civil procedure.

Key Provisions of Section 155:

1. Authority to Amend Specific Acts:

   • Section 155 provides for the amendment of certain Acts or laws that are part of or related to the Code of Civil Procedure.
   • This includes the power to amend laws in a way that ensures they align with the objectives of the CPC, facilitating smoother and more efficient judicial proceedings.

2. Clarifying Amendments:

   • It permits amendments to clarify or update specific provisions of these Acts to adapt them to contemporary legal or procedural requirements.
   • This provision is used to make changes to existing laws that may have become outdated or inconsistent with the current structure of civil procedure law.

3. Flexibility for Legal Reform:

   • The amendment power given under Section 155 allows flexibility for lawmakers to revise and improve the existing legal framework to better serve the needs of justice delivery and procedural clarity.

4. Regulation of Procedural Law:

   • The section could be invoked in cases where certain statutes (related to civil procedure) need to be updated in response to judicial interpretations or to better reflect legal practices.
   • It provides the government the flexibility to adjust the procedural framework as necessary to promote fair and efficient trials.

5. Application to Existing Laws:

   • The section applies to existing Acts that might require changes to be in sync with CPC provisions or other civil law reforms. This ensures that the procedural machinery works seamlessly and that older laws do not impede justice due to inconsistencies or outdated rules.

Punishment

No Specific Punishment: Section 155 does not specify punishment for failing to amend an act. Its purpose is primarily focused on legislative amendments to improve or correct existing laws.

Impact of Non-Compliance: If necessary amendments are not made, the relevant Acts may become ineffective or obsolete, creating procedural inconsistencies. This could lead to legal confusion and potential delays in justice.