Book Description

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.