In news– A person who was sitting in protest against kurki orders for his land based on a court case filed against him by the local moneylender for defaulting on loan payment has committed suicide recently.
What is the kurki?
- Kurki means attachment of a farmer’s land, already pledged to the money lending institution or individual, in case of a loan default.
- Apart from banks, private moneylenders, commission agents also get these decrees against farmers from time to time.
- Kurki orders are executed under Section 60 of Civil Procedure Code, 1908.
- The land which is pledged by the farmer to the bank or money lender gets registered in their name.
- In some cases, the land is auctioned as well. The process begins after the money lender moves court to get kurki orders in case the farmer is unable to pay back his loan.
- In kurki, attachment of farmer’s land as well as his tractor can be done as per the Section 60.
Civil Procedure Code, 1908-
- It is a procedural law related to the administration of civil proceedings in India.
- The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.
- The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and methods that govern civil proceedings in India.
- The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was to ensure speedy disposal of civil cases governed under the Act.
- Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value.
- The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.