PARLIAMENTARY DEBATES 317
(31)
* CODE OF CIVIL PROCEDURE (SECOND AMENDMENT) BILL
The Minister of Law (Dr. Amedkar): I beg to move :
“ That the bill further to amend the code of Civil Procedure,
1908, be taken into consideration. ”
It is a very simple measure. Hon. Members will recall that after the partition of India certain difficulty has arisen in the matter of serving summonses and processes by courts in India to persons resident in Pakistan and issued by courts in Pakistan to persons resident in India.
[P ANDIT T HAKUR D AS B HARGAVA in the Chair ]
There are now two foreign territories and this matter has not been governed by any treaty so far. Consequently all processes had to be served through the post office which can never be depended upon as a sure method of communication. Recently an agreement has been made between India and Pakistan where both countries on a reciprocal basis have agreed that the processes issued by courts in one country may be sent to the courts in the other country and they will undertake to serve the summonses or the processes on the party resident there. The Bill seeks to give effect to this agreement. I might say that Pakistan has already given effect to this agreement and there is a law existing there. I hope the House will accept this Bill.
Mr. Chairman : Motion moved :
“ That the bill further to amend the Code of Civil Procedure,
1908, be taken into consideration. ”
Shri Sidhva (Madhya Pradesh) : This is a welcome measure. Many of the displaced persons who have come here and who have claims over persons in Pakistan are confronted
*P. D., Vol. 11, Part II, 20th April 1951, pp. 7176-78.