Suranjan Chakraverti and Bholeshwar Nath Cases and Materials on Code of Civil Procedure (in 4 Volumes) by Justice M L Singhal – 5th Edition 2019

Description

Table of Contents:

• Contents of Volume I
  • Preface to First Edition
  • 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