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Kamal Mohan Gupta Civil Court Practice and Procedure

From Whitesmann Publishing Co.
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Author :Kamal Mohan Gupta

Publisher :Whitesmann Publishing Co.

ISBN No :978-8196200411

SKU :WMP196

Edition :1st Edition 2023, Re

Format :Hardbound

Product Size :23.8 X 15.7 X 4.2 CM

HSN No :49011010

Country Region :India

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Description

“Civil Court Practice and Procedure” is a practical and authoritative guide to the functioning of civil courts in India. Tailored for law students, junior advocates, judicial aspirants, and legal professionals, the book offers a step-by-step understanding of civil litigation—from institution of suits to execution of decrees—based on the Code of Civil Procedure, 1908 (CPC) and relevant case law.

Key features include:

  • Clear exposition of jurisdiction, cause of action, parties, and framing of suits

  • Detailed treatment of pleadings – plaints, written statements, and set-offs

  • Explanation of interim reliefs, injunctions, and caveats

  • Stepwise discussion on trial procedure, issues framing, evidence recording, and arguments

  • Guidance on judgment writing, decree drafting, and execution proceedings

  • Coverage of appeals, review, revision, and reference

  • Practical insights on court fees, limitation, service of summons, and affidavit drafting

  • Includes specimen formats, procedural checklists, and courtroom conduct tips

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Content

Part I: Introduction to Civil Law and Court Structure

  1. Nature and Scope of Civil Procedure

  2. Sources of Civil Law in India

  3. Hierarchy and Jurisdiction of Civil Courts

    • District Courts, Civil Judges, Small Causes Court

  4. Territorial, Pecuniary & Subject-Matter Jurisdiction

  5. Institution of Suit: Cause of Action and Limitation


Part II: Pleadings and Initial Stages

  1. Pleadings: Definitions and Principles (Order VI CPC)

  2. The Plaint: Essentials and Drafting (Order VII CPC)

  3. Written Statement and Set-Off (Order VIII CPC)

  4. Admission and Denial of Documents

  5. Return and Rejection of Plaint (Order VII Rule 10 & 11)

  6. Framing of Issues (Order XIV CPC)


Part III: Service, Appearance, and Interim Relief

  1. Summons and Service of Process (Order V CPC)

  2. Appearance and Consequences of Non-Appearance (Order IX CPC)

  3. Interim Injunctions and Stay Orders (Order XXXIX CPC)

  4. Caveat Petition (Section 148A CPC)

  5. Temporary Injunctions and Receivers


Part IV: Trial Process and Evidence

  1. Stages of a Civil Trial

  2. Discovery, Inspection, and Interrogatories (Order XI CPC)

  3. Affidavit and Examination-in-Chief (Order XVIII CPC)

  4. Oral and Documentary Evidence (Order XIII CPC)

  5. Witnesses: Summoning and Examination (Order XVI & XVIII)


Part V: Judgment, Decree & Post-Trial Procedure

  1. Judgment Writing: Essentials and Guidelines (Order XX CPC)

  2. Decrees: Preliminary and Final (Order XX & XXI CPC)

  3. Execution of Decrees (Section 36–74 & Order XXI CPC)

  4. Objections to Execution & Stay of Execution


Part VI: Appellate and Revisional Jurisdiction

  1. First Appeal (Section 96 CPC)

  2. Second Appeal (Section 100 CPC)

  3. Appeals from Orders (Section 104 & Order XLIII CPC)

  4. Reference, Review, and Revision (Sections 113–115 CPC)


Part VII: Special Procedures and Miscellaneous

  1. Suits by or Against Government and Public Officers

  2. Indigent Person Suits (Order XXXIII CPC)

  3. Representative and Interpleader Suits

  4. Summary Suits (Order XXXVII CPC)

  5. Restitution, Costs, and Interest


Part VIII: Practical Aspects of Civil Practice

  1. Court Fees and Process Fees

  2. Limitation Periods in Civil Suits

  3. Filing, Registry, and Scrutiny Procedures

  4. Drafting of Notices, Plaints, Affidavits, and Applications

  5. Specimen Formats: Plaint, WS, Injunction, Caveat, Appeal

  6. Professional Conduct in Civil Courts

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Kamal Mohan Gupta Civil Court Practice and Procedure

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