Code of Civil Procedure

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.

Table of Contents:
Preface?? Sections, Orders and Rules Index? Table of Cases Part I?PRELIMINARY 1. Theoretical Foundations of Code of Civil Procedure 2. Definitions Part II SUITS 3. Jurisdiction of Civil Courts 4. Res Sub Judice and Res Judicata 5. Foreign Judgment 6. Place of Suing 7. Parties to Suit, Frame of Suit, Recognised Agents and Pleaders, Institution of Suit 8. Pleadings: Plaint and Written Statement 9. Issue and Service of Summons, Appearances of Parties and Consequence of Non-appearance 10. First Hearing 11. Discovery, Inspection, Admissions, Production of Documents and Affidavits 12. Trial 13. Withdrawal and Adjustment of Suits 14. Effect of Death, Marriage and Insolvency of Parties 15. Special Suits and Proceedings 16. Judgment, Decree, Interest and Costs 17. Interlocutory and Interim Orders Part III?APPEALS, REFERENCE, REVIEW AND REVISION 18. Appeals from Original Decrees: First Appeal 19. Appeals from Appellate Decrees: Second Appeal 20. Appeals from Orders 21. Appeals by Indigent Persons 22. Appeals to the Supreme Court 23. Reference 24. Review 25. Revision Part IV?EXECUTION 26. General Principles of Execution 27. Modes for Execution 28. Arrest and Detention 29. Attachment of Property and Distribution of Assets 30. Sale and Delivery of Property Part V?MISCELLANEOUS 31. Restitution 32. Caveat 33. Inherent Powers of Court Part VI?COMMERCIAL COURTS AND LAW OF LIMITATION 34. Commercial Courts and Their Procedure 35. Law of Limitation (With Special Reference to Limitation Act 1963) Index

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.