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Taxmann Code of Civil Procedure 1908

From Taxmann
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Author :Taxmann

Publisher :Taxmann

ISBN No :978-9371263382

SKU :TMP241

Edition :2025

Pages :528

Format :Paperback

HSN No :49011010

Country Region :India

Weight :0.59 kg

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Description

Code of Civil Procedure 1908 [Bare Act with Section Notes] by Taxmann is the most reliable and up-to-date statutory reference on the procedural framework governing civil litigation in India. This Edition presents the verbatim text of the Code, meticulously updated to reflect all amendments up to 2025. Supplemented by comprehensive section-wise notes, this Edition ensures practical clarity, accurate interpretation, and ready reference for every provision, making it an indispensable resource for litigation, compliance, and legal research.
This book is intended for the following audience:

  • Judges, Lawyers, and Legal Practitioners – For in-court reference, drafting, litigation strategy, and interpretative clarity
  • Law Students & Academicians – As a foundational academic resource for mastering Indian civil procedural law and preparing for examinations
  • Judicial Service Aspirants – As an essential tool for competitive exam preparation (Judicial Services, LLB, LLM, UGC-NET, etc.)
  • Corporate Legal Departments – For managing civil litigation, compliance, and legal due diligence
  • Researchers & Policy Analysts – To understand the procedural underpinnings of the Indian civil justice system
  • Government & Regulatory Officers – For compliance, official reference, and administrative proceedings
The Present Publication is the 2025 Edition, covering the amended and updated text of the Code of Civil Procedure [Act No. 5 of 1908], with the following noteworthy features:
  • [Comprehensive Statutory Text] Presents the complete, up-to-date text of the Code of Civil Procedure 1908, as amended up to 2025
  • [Latest Amendments] Updated to reflect all legislative amendments, notifications, and significant judicial interpretations relevant to civil procedure
  • [Section-wise Notes] Detailed editorial notes under each section and order, explaining procedural nuances, key concepts, and interpretative guidance
  • [Order-wise & Schedule Coverage] Incorporates all Orders and Schedules as per the First Schedule, including model forms, sample pleadings, and procedural templates
  • [Pre-amendment Provisions] Indicates repealed or substituted text and the effect of key amendments for historical reference and transitional application
  • [Practical Utility] Includes guidelines, compliance pointers, and application tips for every stage of a civil suit—from institution, pleadings, discovery, trial, and judgment to execution and appeals
  • [Reference Tools] Features an extensive Table of Contents and a Subject Index, aiding easy navigation and targeted research
  • [Trusted by Bench and Bar] Standard reference in courts, law offices, and legal education across India
The structure of the book is as follows:
  • Main Statute – Sequentially arranged sections with detailed order-wise division, matching the legislative framework
  • Orders and Rules – Each Order (I to LI) and Rule under the First Schedule is provided in full, with annotations and clarifications
  • Appendices – Divided by type (pleadings, process, decrees, execution, supplemental, appeals, miscellaneous) for hands-on legal drafting
  • Subject Index – Thematic and keyword index for instant access to any topic or provision
  • Editorial Annotations – Section notes appear in context, not as a separate commentary, aiding direct application while reading the provision

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Content

???? Preliminary

  1. Short Title, Commencement, and Extent (Section 1)

  2. Definitions (Section 2)

  3. Subordination of Courts (Section 3)

  4. Savings and Application of the Code (Sections 4–9)


???? Part I – Suits in General

Jurisdiction and Res Judicata

  1. Courts to Try All Civil Suits Unless Barred (Section 9)

  2. Stay of Suit (Section 10)

  3. Res Judicata (Section 11)

Place of Suing

  1. Jurisdiction of Civil Courts (Sections 15–20)

Institution and Proceedings

  1. Institution of Suits (Section 26)

  2. Issue and Service of Summons (Sections 27–32)

  3. Written Statement, Set-off, and Counterclaim (Sections 33–35A)


???? Part II – Execution

  1. Courts Which May Execute Decrees (Section 38–45)

  2. Modes of Execution (Attachment, Sale, Arrest)

  3. Resistance to Execution (Sections 47–54)


???? Part III – Incidental Proceedings

  1. Commissions (Sections 75–78)

  2. Arrest and Attachment Before Judgment (Sections 94–95)

  3. Security for Costs


???? Part IV – Suits in Particular Cases

  1. Suits by or Against Government or Public Officers (Section 79–82)

  2. Suits by Aliens and Foreign Rulers

  3. Interpleader Suits (Section 88)


???? Part V – Special Proceedings

  1. Summary Procedure (Order 37)

  2. Public Nuisance and Other Wrongful Acts

  3. Suits Relating to Public Charities


???? Part VI – Supplemental Proceedings

  1. Appeal, Review, and Revision (Sections 96–115)

  2. Reference to High Court (Section 113)

  3. Inherent Powers of Court (Section 151)

  4. Caveat (Section 148A)


???? Schedules

  • First Schedule – Rules and Orders (Order I to Order LI):

    • Order I – Parties to Suits

    • Order II – Frame of Suit

    • Order V – Issue and Service of Summons

    • Order VI–VIII – Pleadings

    • Order IX – Appearance of Parties

    • Order XX–XXI – Judgment, Decree, and Execution

    • Order XXII – Death, Marriage, and Insolvency

    • Order XXXVII – Summary Procedure

    • Order XLI–XLVII – Appeals, Review, and Revision

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Taxmann Code of Civil Procedure 1908

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