This exhaustive commentary is the most authoritative and comprehensive collection of precedents and materials on Civil Procedure. This path-breaking and monumental work on Civil Procedure provides case law upto 2018. The volume 4 contains all the important rulings of Supreme Court and High Courts from 2011 to 2018.
Salient and Unique Features:
l All the important Supreme Court and High Court case law has been updated upto 2018.
l CPC Amendments, Act 46 of 1999 and Act 22 of 2002, have been incorporated and discussed.
l Decidedly the most comprehensive coverage of Supreme Court and High Court case law on the subject.
l Cases are discussed in a point-wise format for easy understanding.
l Citations of all major Supreme Court and High Court law reports are included.
l New comprehensive synopsis headings and sub-headings under each section and rule are included.
l The subject index is thoroughly revised and enlarged for easier and better understanding.
l State and High Court amendments are given comprehensively under each section.
l Facts based proposition of law helps in easy and convenient research.
l Treatment of subject from a practical point of view.
l Designed as a commentary-cum-referencer with a novel way of presentation, it helps search out case law conveniently.
"In fact such a book is a must for a busy lawyer who wants, with the least loss of time, to find out a particular authority on a particular topic." -Maharashtra Law Journal
"…a wealth of information presented in condensed and lucid style. Incorporation of State Amendments at appropriate place make the volume under review helpful to lawyers at every nook and corner of the country. In short it is a mirror like exposition to instantly locate and find the immediately wanted materials." -Kerala Law Times
"The sub-headings in the subject index are selected with ingenuity and reference to them makes it easy to pin point the exact problem under the Civil Procedure Code." -Gujarat Law Reporters
"As a ready referencer the book is bound to be immensely popular and serve as a dependable guide to the legal practitioners. The book is a welcome publication both for its design and its execution." -Madras Law Journal
Table Showing Effect of Code of Civil Procedure (Amendment) Acts of 1999 & 2002
Code of Civil Procedure (Amendment) Act, 1999
Code of Civil Procedure (Amendment) Act, 2002
Latest Supreme Court Ruling on Amendments to Code of Civil Procedure
Abbreviations
CODE OF CIVIL PROCEDURE, 1908
Preamble
Sections
Preliminary
Short title, commencement and extent
Definitions
Subordination of Courts
Savings
Application of the Code to Revenue Courts
Pecuniary jurisdiction
Provincial Small Cause Courts
Presidency Small Cause Courts
State Amendments
Gujarat
PART I
SUITS IN GENERAL
Jurisdiction of the Courts and Res Judicata
Courts to try all civil suits unless barred
State Amendments
Section 9-A. As Inserted by the State in Maharashtra
Where at the hearing of application relating to interim relief in a suit, objection to the jurisdiction is taken, such issue to be decided by the Court as a preliminary issue
Stay of suit
Res judicata
Bar to further suit
When foreign judgment not conclusive
Presumption as to foreign judgments
Place of Suing
Court in which suits to be instituted
Suits to be instituted where subject-matter situate
Suits for immovable property situate within jurisdiction of different Courts
Place of institution of suit where local limits of jurisdiction of Courts are uncertain
Suits for compensation for wrongs to person or movables
Other suits to be instituted where defendants reside or cause of action arises
Objections to jurisdiction
Bar on suit to set aside decree on objection as to place of suing
Power to transfer suits which may be instituted in more than one court
To what Court application lies
General power of transfer and withdrawal
Power of Supreme Court to transfer suits, etc.
Institution of suits
Institution of suits
Summons and Discovery
Summons to defendants
Service of summons where defendant resides in another State
Service of foreign summonses
Power to order discovery and the like
Summons to witness
Penalty for default
Judgment and Decree
Judgment and decree
Interest
Interest
Costs
Costs
Compensatory costs in respect of false or vexatious claims or defences
State Amendments
Uttar Pradesh
Costs for causing delay
PART II
EXECUTION
General
Application to orders
Definition of Court which passed a decree
Courts by which Decrees may be executed
Court by which decree may be executed
Transfer of decree
State Amendments
Uttar Pradesh
Transfer of decree to Court in another State
Result of execution proceedings to be certified
Powers of Court in executing transferred decree
State Amendments
Uttar Pradesh
Execution of decrees passed by civil courts in places to which this Code does not extend
Execution of decrees passed by Revenue Courts in places to which this Code does not extend
Execution of decrees passed by Courts in reciprocating territory
Execution of decrees outside India
State Amendments
Pondicherry
Precepts
Questions to be determined by Court
executing decree
Questions to be determined by the Court executing decree
State Amendments
Uttar Pradesh
Limit of Time for Execution
Execution barred in certain cases
Transferees and Legal Representatives
Transferee
Legal representative
Procedure in Execution
Powers of Court to enforce execution
State Amendments
Uttar Pradesh
Enforcement of decree against legal representative
Liability of ancestral property
Partition of estate or separation of share
State Amendments
Karnataka
Arrest and Detention
Arrest and detention
Prohibition of arrest or detention of women in execution of decree for money
Subsistence allowance
Detention and release
Release on ground of illness
Attachment
Property liable to attachment and sale in execution of decree
State Amendments
Andhra Pradesh
Calcutta
Chandigarh
Delhi
Gujarat
Himachal Pradesh
Karnataka
Kerala
Maharashtra
Pondicherry
Punjab and Haryana
Rajasthan
Tamil Nadu
Uttar Pradesh
Partial exemption of agricultural produce
Seizure of property in dwelling-house
Property attached in execution of decrees of several Courts
Private alienation of property after attachment to be void
Sale
Purchaser’s title
Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
Power for State Government to make rules as to sales of land in execution of decrees for payment of money
Delegation to Collector of Power to execute
Decrees against Immovable Property
[Repealed]
Distribution of Assets
Proceeds of execution-sale to be rateably distributed among decree-holders
Resistance to Execution
Resistance to execution
PART III
INCIDENTAL PROCEEDINGS
Commissions
Power of Court to issue commissions
Commission to another Court
Letter of request
Commissions issued by foreign courts
PART IV
SUITS IN PARTICULAR CASES
Suits by or against the Government or Public Officers
in their Official Capacity
Suits by or against Government
Notice
State Amendments
Madhya Pradesh
Exemption from arrest and personal appearance
Execution of decree
Suits by Aliens and by or against Foreign Rulers,
Ambassadors and Envoys
When aliens may sue
When foreign States may sue
Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
Suits against foreign Rulers, Ambassadors and Envoys
Style of foreign Rulers as parties to suits
Definitions of “foreign State” and “Ruler”
Suits against Rulers of former Indian States
Application of Sections 85 and 86 to Rulers of former Indian States
Interpleader
Where interpleader suit may be instituted
PART V
SPECIAL PROCEEDINGS
Arbitration
Settlement of disputes outside the Court
Special Case
Power to state case for opinion of Court
Public nuisances and other wrongful acts affecting the public
Public nuisances and other wrongful acts affecting the public
Public charities
State Amendments
Uttar Pradesh
Exercise of powers of Advocate General outside presidency-towns
PART VI
SUPPLEMENTAL PROCEEDINGS
Supplemental proceedings
Compensation for obtaining arrest, attachment or injunction on insufficient grounds
PART VII
APPEALS
Appeals from Original Decrees
Appeal from original decree
Appeal from final decree where no appeal from preliminary decree
Decision where appeal heard by two or more Judges
No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
No order under Section 47 to be reversed or modified unless decision of the case is prejudicially affected
Appeals from Appellate Decrees
Second appeal
No further appeal in certain cases
Second appeal on no other grounds
No second appeal in certain cases
State Amendments
Uttar Pradesh
Power of High Court to determine issue of fact
Appeals from Orders
Orders from which appeal lies
Other orders
What Courts to hear appeals
General Provisions relating to Appeals
Powers of Appellate Court
Procedure in appeals from appellate decrees and orders
Appeals to the Supreme Court
When appeals lie to the Supreme Court
Value of subject-matter
Bar of certain appeals
Appeals to Federal Court
Savings
PART VIII
REFERENCE, REVIEW AND REVISION
Reference to High Court
State Amendments
Andhra Pradesh
Pondicherry
Tamil Nadu
Review
Revision
State Amendments
Madhya Pradesh
Orissa
Uttar Pradesh
State Amendments
West Bengal
PART IX
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT
BEING THE COURT OF A JUDICIAL COMMISSIONER
Part to apply only to certain High Courts
Application of Code to High Courts
Execution of decree before ascertainment of costs
Unauthorised persons not to address Court
Provisions not applicable to High Court in original civil jurisdiction
PART X
RULES
Effect of rules in First Schedule
Power of certain High Courts to make rules
Constitution of Rule Committees in certain States
State Amendments
Assam and Nagaland
Sikkim
Tamil Nadu
Committee to report to High Court. .
State Amendments
Sikkim
Power of other High Courts to make rules
Rules to be subject to approval
Publication of rules
Matters for which rules may provide
Power of High Courts to make rules as to their original civil procedure
Power of other High Courts to make rules as to matters other than procedure
Publication of rules
PART XI
MISCELLANEOUS
Exemption of certain women from personal appearance
Exemption of other persons
Arrest other than in execution of decree
Exemption from arrest under civil process
Exemption of members of legislative bodies from arrest and detention under civil process
Procedure where person to be arrested or property to be attached is outside district
Language of subordinate Courts
State Amendments
Rajasthan
Uttar Pradesh
Power of High Court to require evidence to be recorded in English
State Amendments
Assam and Nagaland
Oath on affidavit by whom to be administered
State Amendments
Uttar Pradesh
Assessors in causes of salvage, etc.
Miscellaneous proceedings
Orders and notices to be in writing
Postage
Application for restitution
State Amendments
Uttar Pradesh
Enforcement of liability of surety
State Amendments
Uttar Pradesh
Proceedings by or against representatives
Consent or agreement by persons under disability
Enlargement of time
Right to lodge a caveat
Power to make up deficiency of court fees
State Amendments
Calcutta
Transfer of business
Saving of inherent powers of Court
State Amendments
Calcutta
Amendment of judgments, decrees or orders
State Amendments
Calcutta
General power to amend
Power to amend decree or order where appeal is summarily dismissed
Place of trial to be deemed to be open court
[Saving of present right of appeal]
[Amendment of certain Acts]
[Repealed]
Continuance of orders under repealed enactments
Reference to Code of Civil Procedure and other repealed enactments
4
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