CODE OF CIVIL PROCEDURE (Act No. 5 of 1908) ERSITY Dr. Avtar Singh

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PREFACE TO THE FIRST EDITION The Civil Procedure Code has always been considered to be a very complicated and difficult subject to study. This is due to the divisions of the Code into sections, Orders and Rules and also due to the fact that a greater part of it is open to state amendments; sometimes a problem at hand may demand a coordinated view of a particular section, Order and Rules taken with State Amendments. Inspite of all such complications, the country's judiciary has shown its greatness in crystal-clear understanding of the procedural regime. The experience and vast knowledge on the part of the judiciary have always enabled to apply the relevant provisions of all kinds in such a manner that ultimately the case ends in a just result. A brief study of the large number of cases that have gone into the preparation of this short seek shows a competent handling by the judiciary of complicated and occasionally very sensitive issues also. A great deal of civil disputes is concerning property. Property at present has become more valuable than even human life. Naturally, therefore, property disputes are very seriously contested. One of the reliefs often claimed in property matters is that of specific recovery of property known as specific relief. This relief is granted to a person who shows that he has been ready and willing to perform his part of the bargain. The courts have shown a great wisdom in finding out successfully this internal reality of a person but always through external facts. Other areas of the subject on which one can decipher the unique contribution of the Supreme Court are whether public interest litigation can constitute res judicata; exercise of jurisdiction over property which is outside the territorial jurisdiction of the court by issuing personal orders; when leave to defend can be granted in summary proceedings; what is meant by a substantial question of law for appeal purposes; a number of matters about compromise decree. There are many other matters on which the contribution of the Supreme Court has been traced through the page of this brief study. 13/1185 Vasundhara Ghaziabad 201012 AVTAR SINGH Vidya Bhushan (Hindi Sansthan, U.P.) ...Read More