Code well-thought out 4
7 Scheme of revision . . 4
8 Twin problem of Costs of litigation . . 5
9 Problem of delay . . . . 6
10 Reports ... Delaying tactics . . . . IO
18 Defects in procedure . . 11
I9' Problem examined under three stages 11
j 20 Delay in trial of suits
While the section. standing by itself. has created no problems. some
difficulties have arisen in connection with the combined operation of sections ... section 5 or section 6 is suggested to cover
tl1is particular problem.
V. Reconinicndatioii
5.15. In the light of the above discussion, we recommend that
Common law countries: From
Procedural to Substantive 14 to
41
IV Problems in Indian Limitation Law and
Recommendations for change 42 to 55
Annexure ... does not go to
'original merits'. This logic ignores the problems of 'forum shopping'.
Mason CJ observed:
"A dividing line
respondent requested for some more time as he
got some personal problems.
2(iii). The appellant and respondents went to survey the land. At that ... question. The delay in completion of
sale agreement is due to the problem created by the relatives of respondents
and the delay
that almost every phrase used in the
Act has given rise to problems of interpretation and judicial
decisions disclose divergence of views in respect
section by
sub-sections (2) and (3) touch the fringeof the problem. By sub-section (2) it is,
in eflect, provided that ... case 1,w_
working of section 80 shows that: it creates more problems than it solves. In
fact, the section solves no problems
later. For the present. it is suflicicnt to
state that the problem is one of considerable practical importance as such stipu-
lations are frequently found ... lines envisaged in the Report.
CHAPTER 2 -
THE EXISTING LAW
2.1. The problem with which this Report is concerned arises out of scctioi1
leave the decision to
experts who are more familiar with the problems they face than the
courts generally can be. This view has consistently been
N.V. Ramanaiah And Ors. vs State Of Andhra Pradesh And Ors. on 1 January
settlement of the dispute which led to their
institution or the problems arising there from, inasmuch as neither the
10
presiding Deity of Bhagwan
