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The code of civil procedure Vol I

By: Contributor(s):
Publication details: New Delhi Lexis Nexis/Butterworths 2011Edition: 18thDescription: 1455p ccxviiISBN:
  • 9788180386930
Subject(s): DDC classification:
  • 347.05 MUL-I
Contents:
Contents: Preface to the Eighteenth Edition; Preface to the Seventeenth Edition Volume I; Preface to the Seventeenth Edition Volumes 2 to 4; Preface to the Sixteenth Edition; Table of Cases; Subject Index; Arrangement of Sections; Preliminary; Sections- 1. Short Title, Commencement and Extent; 2. Definitions; 3. Subordination of Courts; 4. Savings; 5. Application of the Code to Revenue Courts; 6. Pecuniary jurisdiction; 7. Provincial Small Cause Courts; 8. Presidency Small Cause Courts; Part I-Suits in general-Jurisdiction of the Courts and Res Judicata; 9. Courts to try all civil suits unless barred; 10. Stay of suit; 11. Res Judicata; 12. Bar to further suit; 13. When foreign judgment not conclusive; 14. Presumption as to foreign judgments; Place of Suing- 15. Court in which suits to be instituted; 16. Suits to be instituted where subject-matter situate; 17. Suits for immovable property situate within jurisdiction of different Courts; 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain; 19. Suits for compensation for wrongs to person or movables; 20. Other suits to be instituted where defendants reside or cause of action arises 21. Objections to jurisdiction 2tA. Bar on suit to set aside decree on objection as to place of suing 22. Power to transfer suits which may be instituted in more than one Court 23. To what court application lies; 24. General power of transfer and withdrawal; 25. Power of Supreme Court to transfer suits, etc.; Institution of Suits; 26. Institution of suits; Summons and Discovery; 27. Summons to defendants; 28. Service of summons where defendant resides in another [State] 29. Service of foreign summonses; 30. Power to order discovery and the like; 31. Summons to witness; 32. Penalty for default; Judgment and Decree 33. Judgment and decree Interest- 34. Interest Costs- 35. Costs; 35A.Compensatory costs in respect of false or vexatious claims or defences 35B. Costs for causing delay Pat II-Execution-General; 36. Application to orders; 37. Definition of Court which passed a decree; Courts by which Decrees rnay be Executed 38. Court by which decree may be executed; 39. Transferofdecree; 40. Transfer of decree to Court in another [State]; 41. Result of execution proceedings to be certified; 42. Powers of Court in executing transferred decree; 43. Execution of decrees passed by Civil Courts in places to which this code does not extend; 44. Execution of decree passed by Revenue Courts in places to which this Code does not extend; 44A. Execution of decrees passed by Courts in reciprocating territory; 45. Execution of decrees outside India; 46. Precepts; Questions to be Determined by Court-Executing Decree- 47. Questions to be determined by the Court executing decree Limit of time for Execution; 48. Execution barred in certain cases; Transferees and Legal Representatives; 49. Transferee; 50. Legal Representative; Procedure in Execution 51. Powers of Court to enforce execution; 52. Enforcement of decree against legal representative; 53. Liability of ancestral property; 54. Partition of estate or separation of share; Arrest and Detention- 55. Arrest and detention; 56. Prohibition of arrest or detention of women in execution of decree for money; 57. Subsistence allowance; 58. Detention and release; 59. Release on ground of illness; Attachment- 60. Property liable to attachment and sale in execution of decree; 61. Partial exemption of agricultural produce; 62. Seinxe of property in dwelling-house; 63. Property attached in execution of decrees of several Courts; 64. Private alienation of property after attachment to be void; Sale- 65. Purchaser's title; 66. Suit- against purchaser not maintainable on ground of purchase being on behalf of plaintiff 67. Power for [State Government] to make rules as to sales of land in execution of decrees for payment of money; 68. [Repealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561. 69. lRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 1956). 70. fRepealed by s 7 of the Code of Civit procedure (Amendment) Act 66 of 19561. 71. fRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561. 72. lRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561. Distribution of Assets- 73. Proceeds of execution sale to be rateably distributed among decree-holders; Resistance to Execution- 74. Resistance to execution; Part II-Incidental proceedings-Commissions; 75. Power of Court to issue Commissions; 76. Commission to another Court; 7l . Letter of request; 78. Commissions issued by foreign Courts; Part IV-Suits in Particular Cases-Suits by or against the Government or public Officers in their Official Capacity; 79. Suits by or against Government; 80. Notice; 81. Exemption from arrest and personal appearance; 82. Execution of decree; Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys- 83. When aliens may sue; 84. When foreign States may sue; 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers; 86. Suits against foreign Rulers, Ambassadors and Envoys; 87. Style of foreign Rulers as parties to suits; 87A. Definitions of "foreign State" and "Ruler"; Suits against Rulers of Former Indian States- 87B. Application of ss 85 and 86 to Rulers of Former Indian States; Interpleader 88. Where interpleader suit may be instituted; Part V-Special Proceedings-Arbitration; 89. Settlement of disputes outside the Court-Special Case; 90. Power to state case for opinion of Court; Public Nuisances and other Wrongful Acts Affecting the Public- 91. Public nuisances; 92. Public charities; 93. Exercise of powers of Advocate-General outside Presidency-towns; Part VI-Supplemental Proceedings; 94. Supplemental proceedings; 95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds; Part VII-Appeals-Appeals from Original Decrees- 96. Appeal from original decree; 97. Appeal from final decree where no appeal from preliminary decree; 98. Decision where appeal heard by two or more judges; 99. No decree to be reversed or modified for error or inegularity not affecting merits or jurisdiction; 99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected; Appeals from appellate decrees- 100. Second appeal; 100A. No further appeal in certain cases; 101. Second appeal on no other grounds; 102. No second appeal in certain cases; 103. Power of High Court to determine issue of fact; Appeals from Orders- 104. Orders from which appeal lies; 105. Other orders; 106. What Courts to hear appeals; General Provisions relating to Appeals- 107. Powers of Appellate Court; 108. Procedure in appeals from appellate decrees and orders; Appeals to the Supreme Court- 109. When appeals lie to the Supreme Court; 110. Value of subject-matter-[Omitted by Civil procedure (Amendment) Act 49 of 1973, S 3 (w.e.f. 29-11-1973)] 111. Bar of certain appeals.-[Omitted by the Adaptation of Laws Order, 1950]. 111-A-Appeals to Federal Court.-[Omitted by S. 2 of the Federal Court Act 21 of 1941. s 2 (w.e.[. t-9-1942)]. 112. Savings; Part VIII-Reference, Review and Revision; 113. Reference to High Court; 114. Review; 115. Revision; Part IX-Special Provisions Relating to the High Courts not being the Court of a Judicial Commissioner; 116. Part to apply to cerrain High Courts; 117. Application of Code to High Courts; 118. Execution of decree before ascertainment of costs; 119. Unauthorised persons not to address Court; 120. Provisions not applicable to High Court in original civil jurisdiction Part X-Rules- 121. Effect of rules in First Schedule; 122. Power of certain High Courts to make rules; 123. Constitution of RuIe Committees in certain [States]; 124. Committee to report to High Court; 125. Power of other High Courts to make rules; 126. Rules to be subject to approval; 127. Publication of rules; 128. Matters for which rules may provide; 129. Power of High Courts to make rules as to their original civil procedure; 130. Power of other High Courts to make rules as to matters other than procedure; 131. Publication of rules; Part XI-Miscellaneous; 132. Exemption of certain women from personal appearance; 133. Exemption of other persons; 134. Arrest other than in execution of decree; 135. Exemption from arrest under civil process; 135A. Exemption of members of legislative bodies from arrest and detention under civil process; 136. Procedure where person to be arrested or property to be attached is outside district; 137. Language of subordinate Courts; 138. Power of High Court to require evidence to be recorded in English; 139. Oath on affidavit by whom to be administered; 140. Assessors in causes of salvage, etc; 141. Miscellaneous proceedings; 142. Orders and notices to be in writing; 143. Postage; 144. Application for resritution; 145. Enforcement of liability of surety; 146. Proceedings by or against representatives; 147. Consent or agreement by persons under disability; 148. Enlargement of time; 148A. Right to lodge a caveat; 149. Power to make up deficiency of court_fees; 150. Transfer of business; 151. Saving of inherent powers of Court; 152. Amendment of judgments, decree or orders; 153. General power to amend; 153A. Power to amend decree or order where appeal is summarily dismisse; 153B. Place of trial to be deemed to be open Court; 154. Saving. of present right of appeal_[Repeated by The Repealing and Amending Act, 1952 (48 of 1952}]. 155. Amendment of certain Acts-[Repealed by the Repealing and Amending Act, 1952 (48 of 1952)] 156. Repeals-[Repealed by s 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914)] 157. Continuance of orders under repealed enactments; 158. Reference to code of Civil procedure and other repealed enactments; Annex.-l. The Code of Civil procedure (Amendment) Act, 1999; Annex.-2. The Code of Civil procedure (Amendment) Act, 2002.
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BOOKs National Law School Library Compactors 347.05 MUL-I (Browse shelf(Opens below)) Available Price for the entire Set of Volumes 26663

Contents:
Preface to the Eighteenth Edition;
Preface to the Seventeenth Edition Volume I;
Preface to the Seventeenth Edition Volumes 2 to 4;
Preface to the Sixteenth Edition;
Table of Cases;
Subject Index;
Arrangement of Sections;
Preliminary;
Sections-
1. Short Title, Commencement and Extent;
2. Definitions;
3. Subordination of Courts;
4. Savings;
5. Application of the Code to Revenue Courts;
6. Pecuniary jurisdiction;
7. Provincial Small Cause Courts;
8. Presidency Small Cause Courts;
Part I-Suits in general-Jurisdiction of the Courts and Res Judicata;
9. Courts to try all civil suits unless barred;
10. Stay of suit;
11. Res Judicata;
12. Bar to further suit;
13. When foreign judgment not conclusive;
14. Presumption as to foreign judgments;
Place of Suing-
15. Court in which suits to be instituted;
16. Suits to be instituted where subject-matter situate;
17. Suits for immovable property situate within jurisdiction of different Courts;
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain;
19. Suits for compensation for wrongs to person or movables;
20. Other suits to be instituted where defendants reside or cause of action arises
21. Objections to jurisdiction
2tA. Bar on suit to set aside decree on objection as to place of suing
22. Power to transfer suits which may be instituted in more than one Court
23. To what court application lies;
24. General power of transfer and withdrawal;
25. Power of Supreme Court to transfer suits, etc.;
Institution of Suits;
26. Institution of suits;

Summons and Discovery;
27. Summons to defendants;
28. Service of summons where defendant resides in another [State]
29. Service of foreign summonses;
30. Power to order discovery and the like;
31. Summons to witness;
32. Penalty for default;
Judgment and Decree
33. Judgment and decree
Interest-
34. Interest
Costs-
35. Costs;
35A.Compensatory costs in respect of false or vexatious claims or defences
35B. Costs for causing delay

Pat II-Execution-General;
36. Application to orders;
37. Definition of Court which passed a decree;
Courts by which Decrees rnay be Executed

38. Court by which decree may be executed;
39. Transferofdecree;
40. Transfer of decree to Court in another [State];
41. Result of execution proceedings to be certified;
42. Powers of Court in executing transferred decree;
43. Execution of decrees passed by Civil Courts in places to which this code does not extend;
44. Execution of decree passed by Revenue Courts in places to which this Code does not extend;
44A. Execution of decrees passed by Courts in reciprocating territory;
45. Execution of decrees outside India;
46. Precepts;

Questions to be Determined by Court-Executing Decree-
47. Questions to be determined by the Court executing decree Limit of time for Execution;
48. Execution barred in certain cases;

Transferees and Legal Representatives;
49. Transferee;
50. Legal Representative;

Procedure in Execution
51. Powers of Court to enforce execution;
52. Enforcement of decree against legal representative;
53. Liability of ancestral property;
54. Partition of estate or separation of share;

Arrest and Detention-
55. Arrest and detention;
56. Prohibition of arrest or detention of women in execution of decree for money;
57. Subsistence allowance;
58. Detention and release;
59. Release on ground of illness;

Attachment-
60. Property liable to attachment and sale in execution of decree;
61. Partial exemption of agricultural produce;
62. Seinxe of property in dwelling-house;
63. Property attached in execution of decrees of several Courts;
64. Private alienation of property after attachment to be void;

Sale-
65. Purchaser's title;
66. Suit- against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67. Power for [State Government] to make rules as to sales of land in execution of decrees for payment of money;
68. [Repealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561.
69. lRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 1956).
70. fRepealed by s 7 of the Code of Civit procedure (Amendment) Act 66 of 19561.
71. fRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561.
72. lRepealed by s 7 of the Code of Civil procedure (Amendment) Act 66 of 19561.

Distribution of Assets-
73. Proceeds of execution sale to be rateably distributed among decree-holders;

Resistance to Execution-
74. Resistance to execution;

Part II-Incidental proceedings-Commissions;
75. Power of Court to issue Commissions;
76. Commission to another Court;
7l . Letter of request;
78. Commissions issued by foreign Courts;

Part IV-Suits in Particular Cases-Suits by or against the Government or public Officers in their Official Capacity;
79. Suits by or against Government;
80. Notice;
81. Exemption from arrest and personal appearance;
82. Execution of decree;

Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys-
83. When aliens may sue;
84. When foreign States may sue;
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers;
86. Suits against foreign Rulers, Ambassadors and Envoys;
87. Style of foreign Rulers as parties to suits;
87A. Definitions of "foreign State" and "Ruler";

Suits against Rulers of Former Indian States-
87B. Application of ss 85 and 86 to Rulers of Former Indian States;

Interpleader
88. Where interpleader suit may be instituted;

Part V-Special Proceedings-Arbitration;
89. Settlement of disputes outside the Court-Special Case;
90. Power to state case for opinion of Court;

Public Nuisances and other Wrongful Acts Affecting the Public-
91. Public nuisances;
92. Public charities;
93. Exercise of powers of Advocate-General outside Presidency-towns;

Part VI-Supplemental Proceedings;
94. Supplemental proceedings;
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds;

Part VII-Appeals-Appeals from Original Decrees-
96. Appeal from original decree;
97. Appeal from final decree where no appeal from preliminary decree;
98. Decision where appeal heard by two or more judges;
99. No decree to be reversed or modified for error or inegularity not affecting merits or jurisdiction;
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected;

Appeals from appellate decrees-
100. Second appeal;
100A. No further appeal in certain cases;
101. Second appeal on no other grounds;
102. No second appeal in certain cases;
103. Power of High Court to determine issue of fact;

Appeals from Orders-
104. Orders from which appeal lies;
105. Other orders;
106. What Courts to hear appeals;

General Provisions relating to Appeals-
107. Powers of Appellate Court;
108. Procedure in appeals from appellate decrees and orders;

Appeals to the Supreme Court-
109. When appeals lie to the Supreme Court;
110. Value of subject-matter-[Omitted by Civil procedure (Amendment) Act 49 of 1973, S 3 (w.e.f. 29-11-1973)]
111. Bar of certain appeals.-[Omitted by the Adaptation of Laws Order, 1950].
111-A-Appeals to Federal Court.-[Omitted by S. 2 of the Federal Court Act 21 of 1941. s 2 (w.e.[. t-9-1942)].
112. Savings;

Part VIII-Reference, Review and Revision;
113. Reference to High Court;
114. Review;
115. Revision;

Part IX-Special Provisions Relating to the High Courts not being the Court of a Judicial Commissioner;
116. Part to apply to cerrain High Courts;
117. Application of Code to High Courts;
118. Execution of decree before ascertainment of costs;
119. Unauthorised persons not to address Court;
120. Provisions not applicable to High Court in original civil jurisdiction

Part X-Rules-
121. Effect of rules in First Schedule;
122. Power of certain High Courts to make rules;
123. Constitution of RuIe Committees in certain [States];
124. Committee to report to High Court;
125. Power of other High Courts to make rules;
126. Rules to be subject to approval;
127. Publication of rules;
128. Matters for which rules may provide;
129. Power of High Courts to make rules as to their original civil procedure;
130. Power of other High Courts to make rules as to matters other than procedure;
131. Publication of rules;

Part XI-Miscellaneous;
132. Exemption of certain women from personal appearance;
133. Exemption of other persons;
134. Arrest other than in execution of decree;
135. Exemption from arrest under civil process;
135A. Exemption of members of legislative bodies from arrest and detention under civil process;
136. Procedure where person to be arrested or property to be attached is outside district;
137. Language of subordinate Courts;
138. Power of High Court to require evidence to be recorded in English;
139. Oath on affidavit by whom to be administered;
140. Assessors in causes of salvage, etc;
141. Miscellaneous proceedings;
142. Orders and notices to be in writing;
143. Postage;
144. Application for resritution;
145. Enforcement of liability of surety;
146. Proceedings by or against representatives;
147. Consent or agreement by persons under disability;
148. Enlargement of time;
148A. Right to lodge a caveat;
149. Power to make up deficiency of court_fees;
150. Transfer of business;
151. Saving of inherent powers of Court;
152. Amendment of judgments, decree or orders;
153. General power to amend;
153A. Power to amend decree or order where appeal is summarily dismisse;
153B. Place of trial to be deemed to be open Court;
154. Saving. of present right of appeal_[Repeated by The Repealing and Amending Act, 1952 (48 of 1952}].
155. Amendment of certain Acts-[Repealed by the Repealing and Amending Act, 1952 (48 of 1952)]
156. Repeals-[Repealed by s 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914)]
157. Continuance of orders under repealed enactments;
158. Reference to code of Civil procedure and other repealed enactments;
Annex.-l. The Code of Civil procedure (Amendment) Act, 1999;
Annex.-2. The Code of Civil procedure (Amendment) Act, 2002.

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