Civil Procedure in India, Second Edition

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in India. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

The Author

List of Abbreviations

Preface

General Introduction

Part I. Judicial Organization

Chapter 1. The Courts and Their Members

Chapter 2. The Bar

Chapter 3. The Bailiffs

Part II. Jurisdiction

Chapter 1. Domestic Jurisdiction

Chapter 2. International Jurisdiction

Part III. Actions and Claims

Chapter 1. Actions

Chapter 2. Claims and Defences

Chapter 3. Sanctions on Procedural Irregularities

Part IV. Proceedings

Chapter 1. Pre-trial Proceedings

Chapter 2. Proceedings in First Instance

Chapter 3. Review Proceedings

Part V. Incidents

Chapter 1. Interlocutory Applications

Chapter 2. Withdrawal and Discontinuance of Action

Part VI. Legal Aid and Legal Costs

Chapter 1. Legal Aid

Chapter 2. Legal Costs

Part VII. Evidence

Chapter 1. Burden of Proof

Chapter 2. Admissibility of Evidence

Part VIII. Particular Proceedings

Chapter 1. Suits in Particular Cases

Chapter 2. Non-contentious Matter

Chapter 3. Family Courts

Part IX. Seizure for Security and Enforcement of Judgments

Chapter 1. Seizure for Security

Chapter 2. Enforcement of Judgments

Part X. Arbitration

Chapter 1. Arbitrability

Chapter 2. Arbitration Agreement and Party Autonomy

Chapter 3. Composition of Arbitral Tribunal

Chapter 4. Interim Measures and Preliminary Awards

Chapter 5. Conduct of Arbitral Proceedings

Chapter 6. Arbitral Award

Chapter 7. Recourse against Arbitral Award

Chapter 8. Recognition and Enforcement of Award

Chapter 9. Appeals

Chapter 10. Miscellaneous

Chapter 11. Enforcement of Foreign Awards

Part XI. Mediation

Chapter 1. Legislation/Definitions

Chapter 2. Rights That Can be Subject to Mediation

Chapter 3. Mediation Agreement

Chapter 4. Persons/Institutions That Can Act as Mediator

Chapter 5. Mediation Procedure

Chapter 6. Settlement Agreement

Chapter 7. Setting Aside a Settled Agreement

Chapter 8. International Mediation

Appendix 1. The Code of Civil Procedure (Amendment) Act, 1999

Appendix 2. The Code of Civil Procedure (Amendment) Act, 2002

Appendix 3. The Gram Nyayalayas Act, 2008

Appendix 4. (Draft) Alternative Dispute Resolution and Mediation Rules, 2003

Case Index

Selected Bibliography

Index