CODE OF CIVIL PROCEDURE, SECOND EDITION

DAS, JATINDRA KUMAR

PHI Learning Pvt. Ltd., Jul 6, 2023 - Law - 1024 pages

The book, written with the author's extensive teaching experience at The West Bengal National University of Juridical Sciences, (NUJS) Kolkata and Department of Law, University of Calcutta, attempts to critically analyse Indian High Courts and Supreme Court cases on Code of Civil Procedure. It also evaluates the relationship between statutory procedural law and case law as a subject. The book's presentation of recent Supreme Court and High Court rulings is its primary attraction. These rulings have been examined, along with the critical analysis of the radical and extensive effects of the Code.

This book is divided into six parts and is clear and well-structured. Part I develops theoretical foundations of the subject. Part II demonstrates certain important issues on the (i) scope of jurisdiction of civil courts to entertain disputes, (ii) principles governing res sub judice, res judicata and foreign judgment, (iii) nature of powers exercised by civil courts in matters relating to place of suing, institution of suit, transfer of cases, withdrawal and compromise of suits, (iv) necessary conditions for first hearing, interim order, trial as well as special suits, (v) scope and ambit of law relating to pleadings, appearance and non-appearance of parties, discovery, inspection, production of documents, death, marriage, insolvency of parties, judgment and decrees. Part III explores various issues on appeals, reference, review and revision. In this part an attempt has also been made to discuss different facets of law on first appeals, second appeals, appeals from orders, appeals by indigent persons and appeals to the Supreme Court. Part IV discusses various principles on execution.

Part V deals with miscellaneous issues on the Law of Civil Procedure. Part VI includes commercial courts and their procedure as well as the law of limitation.

Like the first edition, it is intended that this second edition would be helpful to LLB and LLM students, researchers, academicians, jurists, attorneys, judges, and members of civil society.

KEY FEATURES OF SECOND EDITION

1. Written with case analysis method.

2. Demonstrates authoritative discussion on appeal, reference, review, and revision.

3. Examines the contemporary significance of inherent powers of the courts.

4. Explores a detailed discussion on the law of limitation including computation of period of limitation.

5. Critically analyses the establishment of commercial courts and highlights the significant changes in the Code of Civil Procedure.

TARGET AUDIENCE

• Students of LLB and LLM

• Researchers, Academicians, Jurists, Attorneys, Judges, and Members of Civil Society.

Contents

• Preface: xix
• Preface to the First Edition: xxi
• Sections Orders and Rules Index: xxv
• Table of Cases: xxxvii
• Part I PRELIMINARY: 1
• 1 Theoretical Foundations of Code of Civil Procedure: 3
• 2 Definitions: 50
• Part II SUITS 3 Jurisdiction of Civil Courts: 93
• 4 Res Sub Judice and Res Judicata: 131
• 5 Foreign Judgment: 174
• 6 Place of Suing: 194
• 7 Parties to Suit Frame of Suit Recognised Agents and Pleaders Institution of Suit: 239
• Plaint and Written Statement: 262
• 9 Issue and Service of Summons Appearances of Parties and Consequence of Nonappearance ...: 328
• 10 First Hearing: 361
• 11 Discovery Inspection Admissions Production of Documents and Affidavits: 375
• 12 Trial: 393
• 13 Withdrawal and Adjustment of Suits: 410
• 14 Effect of Death Marriage and Insolvency of Parties: 424
• 15 Special Suits and Proceedings: 442
• 16 Judgment Decree Interest and Costs: 476
• 17 Interlocutory and Interim Orders: 504
• Part III APPEALS REFRENCE REVIEW AND REVISION: 531
• First Appeal: 533
• Second Appeal: 560
• 20 Appeals from Orders: 591
• 21 Appeals by Indigent Persons: 611
• 22 Appeals to the Supreme Court: 618
• 23 Reference: 629
• 24 Review: 640
• 25 Revision: 662
• Part IV EXECUTION: 685
• 26 General Principles of Execution: 687
• 27 Modes for Execution: 705
• 28 Arrest and Detention: 722
• 29 Attachment of Property and Distribution of Assets: 731
• 30 Sale and Delivery of Property: 742
• Part V MISCELLANEOUS: 757
• 31 Restitution: 759
• 32 Caveat: 768
• 33 Inherent Powers of Court: 776
• Part VI COMMERCIAL COURTS AND LAW OF LIMITATION: 803
• 34 Commercial Courts and Their Procedure: 805
• 35 Law of Limitation With Special Reference to Limitation Act 1963: 822
• Index: 927
• Back cover: 936

About the author

JATINDRA KUMAR DAS, Ph.D. (Banaras Hindu University), is Professor and Dean, in the Faculty of Law at the University of Calcutta, Kolkata. He has also taught at the West Bengal National University of Juridical Sciences (Kolkata). He has rich teaching experience and professional proficiency in the field of legal research for last 25 years. Dr. Das has been a member of various academic and government bodies. He has authored many books and articles on the subject of law, the recent being Human Rights Law and Practice, 2nd ed., and Law of Copyright, 2nd ed., both published by PHI Learning.

Bibliographic information

• Title: CODE OF CIVIL PROCEDURE, SECOND EDITION
• Author: DAS, JATINDRA KUMAR
• Publisher: PHI Learning Pvt. Ltd., 2023
• ISBN: 8196378939, 9788196378936
• Length: 1024 pages
• Subjects: Law / Civil Law; Law / Civil Procedure