The Common Law in India - College of Social Sciences and ...

Civil Law 71as to accommodate it to the circumstances of thiscountry. ... It may be said of these proposedmodifications of English law that while all, or nearlyall, of them have commended themselves to theapproval of enlightened lawyers, not a few are beinggradually carried out in England without the aid ofthe legislature through the direction given of lateyears to the current of judicial decision." 1SThe Bill as introduced contained, however, someclauses relating to specific performance which evokedconsiderable opposition both in England and India.Indeed this opposition brought about the resignationof Lord Romilly and his colleagues in 1870 and theContract Bill remained before the Legislative Councilfrom 1867 to 1872.During this period the Commission's draft appearsto have been " revised and in parts elaborated by theLegislative Department of India. The borrowing fromthe New York draft Code seems to belong to thisphase. Lastly, Sir James Stephen made or supervisedthe final revision, and added the introductory definitions,which are in a wholly different style and notaltogether in harmony with the body of the work." 19The sections borrowed from the draft Civil Code ofNew York were described by Sir Frederick Pollock as" an infliction which the sounder lawyers of that Statehave been happily successful so far in averting fromits citizens." Notwithstanding these changes, however,in his words it was much to the credit of the18 Statement of Objects and Reasons, July 9, 1867; quoted inKankin, op. cit., p. 94.19 Pollock and Mulla, Indian Contract and Specific Relief Acts,8th ed., Preface, p. vii.