Sarkar's Code of Civil Procedure (2 Volume Set)

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Description
As a law student, I found civil procedure to be one of the most boring subjects. I filled to see what is even required to be studied but for memoriving the various sections, orders and nules in the Code of Civil Procedure, 1908 ("Code"). All that changed during my tenure in Oxford and under the tutelage of Prof. Adrian Zuckerman. To the unbeknownst, he is, without doubt, amongst the foremost academics on civil procedure in the common law world. I still recollect our first reading of his seminal article "Quality and Economy in Civil Procedure: The Case for Commuting Carw Judements for Timely Judgments" 11994114 OJ.L.S. 353. In that article, Adrian argued that in the current age litigants are most likely sacrifice procedure leading to a correct judgment determined after huge delay in favour of a timely decision. Adrian's article had a huge impact on me, and my understanding of civil procedure. It drove  we to understand civil procedure as a component of justice and getting to the truth, rather than merely a myriad procedure. Being inspired by him. I continued my interest and pursued an M. Phil at Oxford where I examined the links and relationship between interlocutory injunctions and judicial delays in India. Borrowing from Adrian, the thesis focussed on how, in view of the massive judicial backlog in the country, interlocutory injunction hearings are becoming "mini-trials” and litigants are more likely to spend time and resources in an interlocutory hearing than have a short hearing and proceed with a trial of the entire suit. This way, they would have an idea of their chances of success and may even settle the case. In the past ten years, I have practised civil procedure, caught civil procedure and written extensively on it. With this little experience, I always advise a client to avoid litigation if possible. The judicial system in India is fraught with too many obstacles and long drawn delays that would make justice seem illusory. In the past four years, I have hardly seen a trial in the original side of a High Court.

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Contents
Volume - 1
1.    Suits in general [Ss. 9 to 35B]
2.    Execution [Ss. 36 to 74]
3.    Incidental proceedings [Ss. 75 to 78]
4.    Suits in particular cases [Ss. 79 to 88]
5.    Special proceedings [Ss. 89 to 93]
6.    Supplemental proceedings [Ss. 94 to 95]
7.    Appeals [Ss. 96 to 112]
8.    Reference, review and revision [Ss. 113 to 115]
9.    Special Provisions Relating to the High Courts not Being The Court
       of a Judicial Commissioner [Ss. 116 to 120]
10.   Rules [Ss. 121 to 131]
11.  Miscellaneous [Ss. 132 to 158]
The First Schedule
1.    Parties to suits [RR. 1 to 13]
2.    Frame of suit [RR. 1 to 7]
3.    Recognized agents and pleaders [RR. 1 to 6]
4.    Institution of suits [RR. 1 to 2]
5.    Issue and service of summons [RR. 1 to 30]
6.    Pleadings generally [RR. 1 to 18]
7.    Plaint [RR. 1 to 18]
8.    Written statement, set-off and counter-claim [RR. 1 to 10]
9.    Appearance of parties and consequence of non-appearance [RR. 1 to 14]
10.  Examination of parties by the court [RR. 1 to 4]
11.  Discovery and inspection [RR. 1 to 23]
12.  Admissions [RR. 1 to 9]
13.  Production, impounding and return of documents [RR. 1 to 11]
14.  Settlement of issues and determination of suit on issues of Law or on
       Issues a agreed upon [RR. 1to 7]
15.  Disposal of the suit at the first hearing [RR. 1 to 4]
16.  Summoning and attendance of witnesses [RR. 1 to 21]
16A.Attendance of witnesses confined in prisons [RR. 1 to 7]
17.  Adjournments [RR. 1 to 3]
18.  Hearing of the suit and examination of witnesses [RR. 1 to 18]
19.  Affidavits [RR. 1 to 3]
20.  Judgment and decree [RR. 1 to 20]
20A.Costs [RR. 1 to 2]
Volume - 2
21.  Execution of decrees and orders [RR. 1 to 36]
22.  Death, marriage and insolvency of parties [RR. 1 to 12]
23.  Withdrawal and adjustment of suits [RR. 1 to 4]
24.  Payment into court [RR. 1 to 4]
25.  Security for costs [RR. 1 to 2]
26.  Commissions [RR. 1 to 22]
27.  Suits by or against the Government or Public Officers in their
       Official Capacity [RR. 1 to 8B]
27A.Suits Involving a Substantial Question of law as to the Interpretation
       of the Constitution or as to the Validity of any statutory instrument [RR. 1 to 4]
28.  Suits by or against military or naval men or airmen [RR. 1 to 3]
29.  Suits by or against corporations [RR. 1 to 3]
30.  Suits by or against firms and Persons carrying on business in Names
       other than their own [RR. 1 to 10]
31.  Suits by or against trustees, executors and administrators [RR. 1 to 3]
32.  Suits by or against minors and persons of unsound mind [RR. 1 to 16]
32A.Suit Relating to Matters Concerning the Family [RR. 1 to 6]
33.  Suits by indigent persons [RR. 1 to 18]
34.  Suits relating to mortgages of Immovable Property [RR. 1 to 15]
35.  Interpleader [RR. 1 to 6]
36.  Special case [RR. 1 to 6]
37.  Summary procedure
38.  Arrest and attachment before judgment arrest before judgment [RR. 1 to 13]
39.  Temporary injunctions and interlocutory orders temporary
       injunctions [RR. 1 to 10]
40.  Appointment of receivers [RR. 1 to 5]
41.  Appeals from original decrees [RR. 1 to 37]
42.  Appeals from appellate decrees [RR. l to 3]
43.  Appeals from orders [RR. 1 to 2]
44.  Appeals by indigent persons [RR. 1 to 3]
45.  Appeals to the supreme court [RR. 1 to 16]
46.  Reference [RR. 1 to 7]
47.  Review [RR. 1 to 9]
48.  Miscellaneous [RR. 1 to 3]
49.  Chartered high courts [RR. 1 to 3]
50.  Provincial small cause courts [R. 1]
51.  Presidency small cause courts [R. 1]
Appendices
Consolidated subject index
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Author Details
S.C. Sarkar, Judge, Calcutta Small Cause Court
Prabhas C. Sarkar, Advocate, High Court, Calcutta
Sudipto Sarkar, M.A., LL.M. (Cantab.) of Gray’s Inn. Barrister, Senior Advocate, High Court, Calcutta
Aditya Swarup, BCL, M. Phil. (Oxon) Advocate
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