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The State
Peace and Development Council
The Law Amending the Code of Civil
Procedure
(The State Peace and Development Council Law No. 6/2000)
The 12th Waxing Day of Waso,1 362 M.E.
(12th July,2000)
The State Peace and Development Council hereby
enacts the following Law: -
1. This Law shall be called the Law Amending
the Code of Civil Procedure.
2. After the expression
"The High Court" contained in sub-section (1) of
section 24 of the Code of Civil Procedure the expression "or
the State or Divisional Court" shall be inserted.
3. The expression "one
thousand kyats" contained in sub-section(2) of section
35 A of the Code of Civil Procedure shall be substituted by
the expression "kyats 100,000."
4. Section 56 of the Code
of Civil Procedure shall be deleted.
5. In sub-section(1)of section
100 of the Code of Civil Procedure; -
(a) the expression "any Court subordinate
to the High Court" shall be substituted by the expression
"the State or Divisional Court".
(b) the expression "in a suit relating
to immovable property or to any right or interest in immovable
property, and in any other suit where the amount or value
of the subject-matter of the original suit exceeds kyats 500,"shall
be substituted by the expression "in the suit where the
amount or value of the subject-matter of the original suit
exceeds kyats 2,000,000."
6. Section 102 of the Code
of Civil Procedure shall be substituted as follows:
"102. No second appeal shall lie from
the decree passed in appeal where the amount or value of the
subject-matter of the original suit does not exceed kyats
2,000,000."
7. The expression "where
such order is made by a Court (not being the High Court) in
the exercise of appellate jurisdiction, then to the High Court"
contained in section 106 of the Code of Civil Procedure shall
be substituted by the expression "where such order is
made by the District Court or the State or Divisional Court
in the exercise of appellate jurisdiction ,then to the immediate
higher Court."
8. (a) After every expression
‘The High Court" contained in section 115 of the
Code of Civil Procedure the expression "or the State
or Divisional Court or the District Court" shall be inserted.
(b) In section 115 of the Code of Civil Procedure
the following proviso shall be inserted: -
"Provided that this provision shall
not apply to the record of any case which has been decided
by any Court in the exercise of its revisional jurisdiction
or its appellate jurisdiction."
9. After the expression
"The evidence of the witnesses in attendance" contained
in Order XVIII ,Rule 4 of the Code of Civil Procedure the
expression "which the Judge thinks necessary" shall
be inserted.
10. The expression "The
Judge shall ,if necessary, correct the deposition and sign
it" contained in Order XVIII, Rule 5 of the Code of Civil
Procedure shall be substituted by the expression "The
evidence so taken shall be read over to the witness, and,
if he admits it to be correct, shall be signed by him on every
page, and the Judge shall, if necessary correct the same and
sign it."
11. The expression "may
proceed" contained in Order XVIII, Rule 15(1) of the
Code of Civil Procedure shall be substituted by the expression
"shall proceed".
12. Every expression "kyats
100 "contained in Order XXXIII, Rule I of the Code of
Civil Procedure shall be substituted by the expression "kyats
50,000".
Sd./ Than Shwe
Senior General
Chairman
The State Peace and Development Council
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