Code of Civil Procedure: v. 2

Justice Thakker's "Code of Civil Procedure" is one of that select band of works which, in the context of law, takes its place as one of the great books of all times. It provides a comprehensive, authoritative and lucid treatment of the subject, compressing in its volumes a vast amount of essential information. The work touches upon and explains many grey areas in the procedural law. It has rightly been commended as a path-breaking, monumental work on the subject. The drastic changes brought about by the CPC (Amendment) Act, 1999 and the CPC (Amendment) Act, 2002 (22 of 2002), have been incorporated in the book. All up to date and important decisions of the Supreme Court and the High Courts have been analytically examined. English case-law has also been given. This current volume 4 covers Orders 16 to 21. Volumes 1, 2 and 3 which have already been released cover Sections 1 to 158 and Orders 1 to 15-A. A brilliant, dependable and original work, it is indispensable for the judiciary, practitioners, academicians, administrators, teaching faculty and students of law. The work carries a foreword by Hon'ble Justice A.S. Anand, the Chief Justice of India and an introduction by Hon'ble Justice S.B. Majmudar, Judge, Supreme Court of India. Extract from the Foreword by Hon'ble Mr. Justice A.S. Anand, Chief Justice of India: 'I have read with great profit and interest the treatise of Justice Thakker's "Code of Civil Procedure". Like many other legal publications of great merit to the credit of Justice Thakker, the present work is also a thorough, comprehensive and scholarly exercise which touches and explains many grey areas in the procedural law. The contribution of Justice Thakker in the field of 'Administrative Law in India' was described by Lord Denning as 'rival to Sir William Wade in England'. I can safely say that the present work on Code of Civil Procedure leaves nothing unexplained, which ought to have been explained. I am very impressed by the scholarly work of Justice Thakker. I have no doubt that Justice Thakker's work on 'Civil Procedure' will be of immense help to lawyers, Judges, Law students and others dealing in civil work in courts as well as before other authorities'. Extract from the Introduction by Hon'ble Mr. Justice S.B. Majmudar, Judge, Supreme Court of India: 'To say the least, the aforesaid work of the learned author will go a long way in enabling all those concerned with trials in civil courts to effectively discharge their obligations towards the litigating public either at the bar or on the bench. The effort put by the learned author in bringing out this work, even though fully engaged in administration of justice at the High Court level both on judicial side as well as administration side is indeed commendable'. Reviews: "Academy Law Review" - 'Among the procedural laws, 'Code of Civil Procedure, 1908' occupies a unique position. Though it is more than 94 years since the Code was enacted, it still retains the effect of depriving its pristine glory. Several attempts have been made to amend the Code from time to time. Among them, the more important are those made in 1976, 1999 and 2002. While other amendments were mostly cosmetic, the amendments made in 1999 and 2002 were more drastic. The Amendment Act, 1976 had 98 Sections, the 1999 Amendment Act had 34 Sections and the 2002 Act had 16 Sections. This may give an indication of the sweep of the amendments made through the Amendment Acts. These amendments have brought about radical changes in almost every aspect of civil procedure. There is no denying the fact that the amendments were mostly designed to eliminate, to the extent possible, delay in the dispute settlement and justice delivery system. At the same time, some of the amendments had attracted flak from legal circles and from the general public. Some critics are of the view that some of these amendments had the effect of depriving the litigants of some of their basic rights. However, nobody will dispute the fact that litigation continues to be time-consuming and costly. Hence any serious attempt to cut short delay and expedite disposal will generally be welcomed by the litigants. The procedural aspects of civil litigation are regulated entirely by the Civil Procedure Code. Hence any number of commentaries on the Code will be avidly welcomed by lawyers and academics. The book under review which is an enlightening and comprehensive treatise on the subject, will be received with gusto by discerning readers'. "Gujarat Law Reporter" - 'Mr. Justice Thakker in this magnificent work has profusely discussed Sections 1 to 78 of this Code exposing various facts underlying the procedural provisions of these Sections with erudition. The synopsis to various Sections as laid down by the learned Justice also covers a wide range of topics for considerations. The erudite author has also incorporated all the State Amendments and High Court Amendments made in the Code of Civil Procedure (Amendment) Act, 1999 which shows the utility of the book. The book will serve as a mariner's compass to learned Advocates practicing in civil Courts to reach zenith without involving in unnecessary procedural wrangles. This treatise on Civil Procedure is accurate and concise. It can be used extensively as a reference by the Bench & the Bar as well as Law students and Law Universities.