“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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Nature and Scope of Civil Procedure
Sources of Civil Law in India
Hierarchy and Jurisdiction of Civil Courts
District Courts, Civil Judges, Small Causes Court
Territorial, Pecuniary & Subject-Matter Jurisdiction
Institution of Suit: Cause of Action and Limitation
Pleadings: Definitions and Principles (Order VI CPC)
The Plaint: Essentials and Drafting (Order VII CPC)
Written Statement and Set-Off (Order VIII CPC)
Admission and Denial of Documents
Return and Rejection of Plaint (Order VII Rule 10 & 11)
Framing of Issues (Order XIV CPC)
Summons and Service of Process (Order V CPC)
Appearance and Consequences of Non-Appearance (Order IX CPC)
Interim Injunctions and Stay Orders (Order XXXIX CPC)
Caveat Petition (Section 148A CPC)
Temporary Injunctions and Receivers
Stages of a Civil Trial
Discovery, Inspection, and Interrogatories (Order XI CPC)
Affidavit and Examination-in-Chief (Order XVIII CPC)
Oral and Documentary Evidence (Order XIII CPC)
Witnesses: Summoning and Examination (Order XVI & XVIII)
Judgment Writing: Essentials and Guidelines (Order XX CPC)
Decrees: Preliminary and Final (Order XX & XXI CPC)
Execution of Decrees (Section 36–74 & Order XXI CPC)
Objections to Execution & Stay of Execution
First Appeal (Section 96 CPC)
Second Appeal (Section 100 CPC)
Appeals from Orders (Section 104 & Order XLIII CPC)
Reference, Review, and Revision (Sections 113–115 CPC)
Suits by or Against Government and Public Officers
Indigent Person Suits (Order XXXIII CPC)
Representative and Interpleader Suits
Summary Suits (Order XXXVII CPC)
Restitution, Costs, and Interest
Court Fees and Process Fees
Limitation Periods in Civil Suits
Filing, Registry, and Scrutiny Procedures
Drafting of Notices, Plaints, Affidavits, and Applications
Specimen Formats: Plaint, WS, Injunction, Caveat, Appeal
Professional Conduct in Civil Courts
Kamal Mohan Gupta Civil Court Practice and Procedure |
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