in subordinate court, Service where defendant resides in another county, Definition of “court which passed a decree”, Result of execution proceedings to be certified, Powers of court in executing transferred decree, Questions to be determined by court executing decree, Enforcement of decree against legal representative, Property liable to attachment and sale in execution of a decree, Property attached in execution of decrees of several Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. THE CIVIL PROCEDURE ACT. AN ACT TO AMEND THE CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. This Act shall extend to proceedings in the High Court and magistrates courts. The defence is barred C. Either (A) or (B) D. None of these 2. Note. (2)(a)Where a party who appointsa registered Attorney is a … Contents of notice. Code of Civil Procedure, 1908. The Civil Procedure Act was enacted on the 31st January, 1924. This Act may be cited as the Civil Procedure (Award of Interest) Act. An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. 1. Civil Procedure Regulation 2012 under the Civil Procedure Act 2005 2012 No 393 Part 1 Preliminary 1 Name of Regulation This Regulation is the Civil Procedure Regulation 2012. Defence by third party. PART I. Admissibility of Evidence PART II. This Act shall extend to proceedings in the High Court and magistrates courts. 1. 2. 46 of 1963, Act No. Sources. (2)(a)Where a party who appointsa registered Attorney is a … 19 of 1964, Sch. (5) Coorg: Gazette of India, 1909, Pt.I, p.32. the Procedure and Evidence Proclamation, 1938 (South-West Africa), the General Law Amendment Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act 1955, and; the Evidence Act, 1962, and; to provide for other incidental matters. Civil Proceedings Act 2011 An Act to provide for various matters concerning civil proceedings and proceedings in relati on to contempt of court in the Supreme Court, the District Court and the Magistrates Courts Part 1 Preliminary 1 Short title This Act may be cited as the Civil Proceedings Act 2011. Interpretation. 2. Civil Procedure Code (Amendment) Act, 1999 1 [Act 46 of 1999] [30th December, 1999] An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870 79 OF 1988. 2. is likely to abscond or leave the local limits of the jurisdiction of the court; or, has after the institution of the suit in which the decree was passed, dishonestly transferred, concealed or removed any part of his property, or committed any other act of bad faith in relation to his property; or. 79 OF 1988. (Afrikaans text signed by the State President.) C contends that B is owner and that he is in possession as B’s tenant. Civil Procedure Code (Amendment) Act No 04 of 2005. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, subject to this section. An Act to make provision for procedure in civil courts. It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by notification under ss.5 and 5A of the Scheduled Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts:-. different courts, 14.Suit for compensation for wrong to the person or movables, 15.Other suits to be instituted where defendant resides or cause The Civil Procedure Rules. It is an Act of Parliament to make provision for procedure in civil courts. 49 Civil Procedure Code, 1966 1966 (b) Third Party Procedure 14. A wholesome reading of the Act implies that the Code of Civil Procedure, 1908 (“CPC”) is, as such, not applicable to the proceedings under the Act, save and except certain provisions of the CPC, which have been specifically incorporated in the Act. Civil Proceedings Act 2011 An Act to provide for various matters concerning civil proceedings and proceedings in relati on to contempt of court in the Supreme Court, the District Court and the Magistrates Courts Part 1 Preliminary 1 Short title This Act may be cited as the Civil Proceedings Act 2011. Civil Procedure Act 1997 is up to date with all changes known to be in force on or before 05 December 2020. All matters, which fall within the ambit of civil cases, are subjected to the Code of Civil Procedure. 2 Commencement This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website. one court, 18.Power of High Court to withdraw and transfer case instituted in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only or on a trust; or. Citation. Commencement. 2. 3. Code of Civil Procedure Act, 1908 prescribes about the administration of the civil proceedings in India. History of this Act. courts, 47.Private alienation of property after attachment to be void, 49.Suit against purchaser not maintainable on ground of purchase 2. (1) Every judgment debt shall carry interest at such rate as shall be prescribed by rules of court made by the Rules Committee constituted by section 75 of the Supreme Court Act, and such interest may be levied under a writ of execution on such judgment: (2) Schedule 5.3 [1], [2] and [3], 5.15 [4], 5.17 [3] and 5.30 [8] commence on the commencement of section 3, or on the commencement of Part 3.2 1st day of June 1945 Part I Short Title 1. (2) It … 300/1956, Act No. Commencement: 1 January, 1929. This Act may be cited as the Civil Dispute Resolution Act 2011. Civil Proceedings Evidence Act 25 of 1965(RSA) Evidence Proclamation, 1938 (South-West Africa), the General Law Amendment Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act 1955, and the Evidence Act, 1962, and to provide for other incidental matters. grounds, 68.Appeal from final decree where no appeal from preliminary Or choose Lexis ® Library for a more tailored approach. 2 Commencement Amended by General Law Amendment Act 49 of 1996 15. Short title and commencement: (1) This Act may be cited as the "National Civil Procedure (Code) Act, 2017". ], nothing in this section shall limit or affect the power of the High Court to direct the distribution of business where there is more than one subordinate court in the same county. An Act to make provision for procedure in civil courts. Interpretation. Short title and commencement: (1) This Act may be cited as the "National Civil Procedure (Code) Act, 2017". (4) The Pargana of Jaunsar-Bawar in Dehra Dun and the Scheduled portion of the Mirzapur District: U.P.Gazette, 1909, Pt.I, p.4 and Gazette of India, 1909, Pt.I.p.32. An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. (U.P.4 of 1925), U.P.Acts 35 of t948 and 24 of 1954. Commencement: 1 January, 1929. … the place where the contract was to be performed or the performance thereof completed; the place where in performance of the contract any money to which the suit relates was expressly or impliedly payable. Application. 30 June 1967. Cachar Hills), Goalpara (including the Eastern Duars), Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts), Sibsagar (excluding the MiKir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt.I, p.5 and ibid., 1914, Pt.I, p.1690. [Date of commencement: 23rd October, 1992.] Please Note: The link to this page has been updated to law_a939.html. 2. Commencement: 1 January, 1929. An Act to make provision for procedure in civil courts. (2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur: Calcutta Gazette, 1909, Pt.I, p.25 and Gazette of India, 1909, Pt.I, p.33. amending act 1 - code of civil procedure (amendment) act, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002 Save Judgments // Add Notes // Store Search Result sets // Organizer Client Files // Start your Free Trial Today! ACT 585 SYARIAH COURT CIVIL PROCEDURE (FEDERAL TERRITORIES) ACT 1998 Incorporating latest amendment - Act A1251 /2005 in subordinate court, 21.Service where defendant resides in another county, 29.Definition of “court which passed a decree”, 32.Result of execution proceedings to be certified, 33.Powers of court in executing transferred decree, 34.Questions to be determined by court executing decree, 39.Enforcement of decree against legal representative, 44.Property liable to attachment and sale in execution of a decree, 46.Property attached in execution of decrees of several (8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property: Gazette of India, 1909, Pt.I, p.239. Civil Procedure Code (Amendment) 3 Act, No. An Act to make provision for the appointment and duties of sheriffs, the enforcement of judgements and orders, and the service and execution of civil process of the Courts throughout Nigeria. in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined for non-payment of rent, or against persons claiming under such tenant; a judge of the Environment and Land Court; one judge of the Employment and Labour Relations Court who is a member of the Employment and Labour Relations Court Rules Committee; two Magistrates, one of whom shall be the Secretary to the Committee; eight advocates nominated by the Law Society of Kenya to represent each of the branches of the Society established under section 24 of the Law Society Act, 2014; and, one representative from the Kenya Law Reform Commission; and. Part II Interpretation Interpretation 2. Any changes that have already been made by the team appear in the content and are referenced with annotations. It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s.2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch., and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch. courts, Private alienation of property after attachment to be void, Suit against purchaser not maintainable on ground of purchase (9) Ajmer-Merwara, except sections 1 and 155 to 158: Gazette of India, 1909, Pt.II, p.480. Rule 5 was omitted by the Code of Civil Procedure (Amendment) Act, 1999 which was restored verbatim by the Code of Civil Procedure (Amendment) Act, 2002. Please Note: The link to this page has been updated to law_a9258.html. (1) This Act may be cited as the Sheriffs and Civil Process Act. AN ACT to amend the law of evidence applicable to civil proceedings; and to provide for matters connected with or incidental to the foregoing. (3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P.Gazette 1909.Pt.I, p.3 and Gazette of India, 1909, Pt.I, p.31. (7) Sections 36 to 43 to all the Scheduled Districts in Madras: Gazette Of India, 1909, Pt.I, p.152. Civil Procedure Code (Amendment) 3 Act, No. 39 of 1956, L.N. grounds, PART VIII – APPEALS TO THE HIGH COURT AND COURT OF APPEAL [Act No. This Act is the Civil Procedure Act 2005. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. CIVIL PROCEDURE ACT 2010 TABLE OF PROVISIONS 1.Purposes 2.Commencement 3.Definitions 4.Application of this Act 5.Act binds the Crown 6.Charter and privilege not overridden PART 2.1--OVERARCHING PURPOSE 7.Overarching purpose 8.Court to give effect to overarching purpose 9.Court's powers to further the overarching purpose PART 2.2--APPLICATION OF THE OVERARCHING … An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. An Act to make provision for procedure in civil courts. transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or. retransfer the same for trial or disposal to the court from which it was withdrawn. An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. Short title and commencement — (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 1999. Order 1. Who may be joined as plaintiffs. Civil Procedure Code 1908. Service of notice on third party and other parties to the suit. The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, jurisprudence, court practice rules and other legislation.Notice ought also to be taken of the Seventeenth Constitutional Amendment Bill. This Act has retained the basis of civil procedure as originally conceived in the year of enactment. Changes that have been made appear in the content and are referenced with annotations. In this Act, unless there is anything repugnant in the subject or context— Civil Procedure Act 1997 is up to date with all changes known to be in force on or before 14 December 2020. {This Act has been amended in its application to-, Assam by the Civil Procedure ( Assam Amendment) Act, 1941 (Assam 2 of 1941); Madras by Madras Act 34 of 1950 and Madras A.O.1954 Punjab by the Punjab Relief of Indebtedness Act, 1934 (Pun.7 of 1934); and U.P.by the Oudh Courts Act, 192D. This Act may be cited as the Civil Evidence Act [Chapter 8:01]. Amendments. 10), to proceedings in subordinate courts. (2) This Code shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075). 2. 2. 3 budgetary organ or another legal person required by law to apply the rules pertaining to the economic activities of budgetary organs, an association, a statutory professional body or a foundation; 7. 2 Commencement (1) If it considers the circumstances appropriate, the court may, by order, refer any proceedings before it, or part of any such proceedings, for mediation by a mediator, and may do so either with or without the consent of the parties to the proceedings concerned. ], Appeal from final decree where no appeal from preliminary Amended by General Law Amendment Act 49 of 1996 (1) Every judgment debt shall carry interest at such rate as shall be prescribed by rules of court made by the Rules Committee constituted by section 75 of the Supreme Court Act, and such interest may be levied under a writ of execution on such judgment: Practice Area: Civil Procedure, Litigation Jurisdiction: Australian Capital Territory Description: Civil Procedure Australian Capital Territory is the authoritative guide to civil litigation in the ACT. This Act may be cited as the Civil Procedure Act. Changes that have been made appear in the content and are referenced with annotations. There are changes that may be brought into force at a future date. Civil Procedure Act 2010: A Brief Introduction | 5 Chapter 1 contains: • a statement of the purposes of the Act (section 1) • details of when it will commence (section 2) • a definitions section (section 3) • provisions dealing with the Act’s application to the Crown and its relationship to the Charter and the law of privilege (section 4) - In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. The CPA applies to all civil proceedings other than those excluded in section 4 of the Act. Judgment against third party in default. Illinois Code of Civil Procedure. the Procedure and Evidence Proclamation, 1938 (South-West Africa), the General Law Amendment Act, 1935, the General Law Amendment Act, 1952, the Criminal Procedure Act 1955, and; the Evidence Act, 1962, and; to provide for other incidental matters. Short title, commencement and extent (1) This Act may be cited as the Code of Civil Procedure, 1908. decree, Decision where appeal heard by two or more judges, Procedure in appeals from appellate decrees and orders, No decree to be altered for error not affecting merits or Interpretation “Chief Executive” means the Chief Executive of a local authority; “local authority” has the same meaning as in the Local Government Act. PART I—PRELIMINARY. Section 18(d) of the Civil Procedure Act 2010 requires litigants and their lawyers alike not to make claims in civil proceedings, or defend such claims, unless ‘on the factual and legal material available to [them] at the time of making the claims’ the claim or defence has ‘a proper basis’. Civil Procedure Code 1908 – 1st Page Civil Procedure Code 1908 – 2nd Page Civil Procedure Code 1908 – 3rd Page. Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- [S. 1A inserted by s. 165 (5) (a) of Act 36 of 2011 w.e.f. 2 Interpretation (1) In this Act— This act is divided into two parts. 1. 3 budgetary organ or another legal person required by law to apply the rules pertaining to the economic activities of budgetary organs, an association, a statutory professional body or a foundation; 7. LAWS OF MALAYSIA. of action arises, Power to transfer suits which may be instituted in more than Interpretation. one court, Power of High Court to withdraw and transfer case instituted Privacy Policy and Disclaimer, Saving of special jurisdiction and powers, Courts to try all civil suits unless barred, Suit to be instituted where subject matter situate, Suit for immovable property situate within jurisdiction of 1 Short title. 2. (2) This Act applies to proceedings in the High Court and, subject to the Magistrate’s Courts Act (Cap. THE CIVIL PROCEDURE ACT. jurisdiction, 79D.Grounds for second appeal from High Court, 79E.No second appeal from High Court in certain cases, 79G.Time for filing appeals from subordinate courts, 83.Arrest other than in execution of decree, 84.Exemption from arrest under civil process, 85.Procedure relating to arrest and attachment, 93.Consent or agreement by persons under disability, 94.Execution of decree of High Court before costs ascertained, 96.Power to make up deficiency of court fees, 98.Execution of instruments by order of court, 99.Amendment of judgments, decrees or orders, if a suit is instituted in a court other than a court of the lowest grade competent to try it, the magistrate holding such court shall return the plaint for presentation in the court of the lowest grade competent to try it if in his opinion there is no point of law involved or no other good and sufficient reason for instituting the suit in his court; and, nothing in this section shall limit or affect the power of the High Court to direct the distribution of business where there is more than one subordinate court in the same district. - 735 ILCS 5, Section 2-101 Generally. A sues B for a declaration of title to land and obtains a decree. This Act may be cited as the Civil Procedure (Award of Interest) Act. There are changes that may be brought into force at a future date. Application. The Constitution Of The Democratic Socialist Republic Of Sri Lanka of 1978. The Victorian Civil Procedure Act 2010 (“the CPA”), which commenced operation on 1 January 2011, is an important step in the evolution in civil procedure that has been underway for some time, in Victoria, Australia and around the world. It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts. CIVIL PROCEDURE ACT 2005 - As at 23 September 2020 - Act 28 of 2005 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Name of Act 2.Commencement 3. 1. ORDER I—PARTIES TO SUITS. (1) The Districts of Jalpaiguri, Cachar (excluding the North Civil Procedure Act 4 If, in the course of the proceedings, there is a change of circumstances on which the court jurisdiction is based, the court which had jurisdiction at the time when the complaint was filed shall retain jurisdiction, even if these changes would trigger the jurisdiction of another regular (10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singbhum: Calcutta Gazette, 1909, Pt.I, p.453 and Gazette of India, 1909, Pt.I, p.443. Code of Civil Procedure (Amendment) Act, 1976 - Indian Bare Act / Law / Statute / Kanoon - LawyerServices 1. The defence is not barred B. Costs. Comment: This is the basic law of procedure in civil matters. Versions of this Act (includes consolidations, Reprints and “As passed” versions). The Statute Law Revision and Civil Procedure Act 1881 (44 & 45 Vict c 59) is an Act of the Parliament of the United Kingdom. on the amount mentioned in the warrant for his detention being paid to the officer in charge of the prison; or, on the decree against him being otherwise fully satisfied, if the court so orders; or, on the request of the person on whose application he has been so detained, if the court so orders; or. 2. 299/1956, L.N. on the omission of the person, on whose application he has been so detained, to pay subsistence allowance. 38 of 1968, Sch. Get the detailed description of all section of CPC only at easyadvocacy. AN ACT TO AMEND THE CIVIL PROCEDURE CODE. The 1908 Act deals with the laws and procedure of the courts of civil judicature. 17. The Civil Procedure Act was enacted on the 31st January, 1924. Action by writ of summons It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts. Note. Except as otherwise provided in this Act, every action must be commenced (1) … The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Civil Procedure Act 1997 is up to date with all changes known to be in force on or before 14 December 2020. 18 of 2018, Sch.]. 2 Commencement This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website. The Constitution Of The Democratic Socialist Republic Of Sri Lanka of 1978. Interpretation. 18. Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta Gazette, 1909, Pt.I, n.45. 59(5), 1. LXI of 2018), for clause (1), the following clause shall be Substituted namely. different courts, Suit for compensation for wrong to the person or movables, Other suits to be instituted where defendant resides or cause Civil Procedure Code and Limitation Act book pdf: Download Civil Procedure Code and Limitation Act book pdf for L.L.B 2nd year students. It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2.}. Application. Any other statement in column 2 has effect according to … This online how-to guide offers critical and up-to-date civil procedure information in the form of legislation, case law, guidance notes, practice directives, checklists and forms and precedents. Leave to file third party notice. Amendments. Comment: This is the basic law of procedure in civil matters. 30 June 1967. THE CIVIL PROCEDURE ACT. The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, jurisprudence, court practice rules and other legislation.Notice ought also to be taken of the Seventeenth Constitutional Amendment Bill. Rule 5 lays down provisions for amending the issues, framing additional issues, and striking out issues in the course of the trial of a suit. Power of court to … (2) This Code shall come into force on 17 August 2018 (first day of the month of Bhadra of the year 2075). This Act may be cited as the Civil Dispute Resolution Act 2011. 5 (1948), Act No. 19 of In this Act, unless there is anything repugnant in the subject or context— Limitations means limiting rule or circumstance, restriction etc. (See end of Document for details) F7 Words in . THE CIVIL PROCEDURE ACT. (Assented to 15th March, 1965.) being on behalf of plaintiff, 58.When interpleader suit may be instituted, 59A.Establishment of Mediation Accreditation Committee, 59C.Other alternative dispute resolution methods, 59D.Power to enforce private mediation agreements, 60.Power to state case for opinion of court, 64.Compensation for arrest, attachment or injunction on insufficient Statutory Instrument 71—1. There are changes that may be brought into force at a future date. In this Act, unless there is anything repugnant in the subject or context— Subsidiary legislation made under this Act (current versions). Code of Civil Procedure (Amendment) Act, 1976 - Indian Bare Act / Law / Statute / Kanoon - LawyerServices [21st March, 1908.] 21. An Act of Parliament to make provision for procedure in civil courts [Cap. This section provided that this Act … Rule Preliminary. PRELIMINARY. Civil Procedure 9 [Issue 1] CHAPTER 21 CIVIL PROCEDURE ACT [Date of commencement: 31st January, 1924.] Civil Procedure Regulation 2012 under the Civil Procedure Act 2005 2012 No 393 Part 1 Preliminary 1 Name of Regulation This Regulation is the Civil Procedure Regulation 2012. It is an Act of Parliament to make provision for procedure in civil courts. AN ACT TO AMEND THE CIVIL PROCEDURE CODE. Some of our more advanced solutions include Lexis ® Practical Guidance: Civil Procedure. 19 of 1964, Sch., Act No. Sources. Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018) This document has been produced for informational purposes only. PART I. (2) Schedule 5.3 [1], [2] and [3], 5.15 [4], 5.17 [3] and 5.30 [8] commence on the commencement of section 3, or on the commencement of Part 3.2 8 of 2017 notice or any other relevant information may also be served on a registered attorney. Act CXXX of 2016 on the Code of Civil Procedure (as in force on 1 July 2018) This document has been produced for informational purposes only. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, subject to this section. PART I—PRELIMINARY. Application. Civil Procedure Australian Capital Territory. Amend the laws relating to the Magistrate ’ s tenant 36 of 2011 w.e.f following. Made appear in the year of enactment 3 Act, 1999 this Act shall extend proceedings. 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