The Key to Indian Practice A summary of the Code of Civil Procedure

✍ Scribed by SIR DINSHAW FARDUNJI MULLA

• Publisher: Lexis Nexis
• Year: 2008
• Tongue: English
• Leaves: 262
• Edition: 11
• Category: Library

✦ Synopsis

The province of law differs from that of ethics. While ethics condemns every sort of

falsehood; law does not punish all falsehoods, but only those that affect the good governance of the state. On referring to the Indian Penal Code, 1860, one finds that che only kinds of falsehoods which are punishable under the Code are perjury, forgery, cheating, and giving false intormation to a public servant in certain matters. At times, law goes beyond ethics, and makes it penal to do an act which may not be objectionable from an ethical point of view. A rule of the road in the United Kingdom and India is that drivers shall keep to the left, and a breach of the rule constitutes an act punishable in both the countries. A different rule prevails on the continent of Europe, for the rule there is that drivers shall keep to the right. Neither of these rules, however, is opposed to ethics.

✦ Table of Contents

CHAPTER 1

CHAPTER 2

Introductory

The Courts and their Jurisdiction

2.1 Constitution of Courts

2.2 Jurisdiction

7

t.F 8

"Lack of Jurisdiction and Irregularexercise of Jurisdiction 2.2.1 Original and Appellate Jurisdiction

2.2.2 Jurisdiction

as Regards Local

Limits,

Pecuniary

9

10

Limits,

and

Subject-matter

11

2.2.3 Ordinary Original and Extraordinary Original Civil Jurisdiction

12

2.3 Courts

13

2.3.1 Courts in Presidency Towns

2.3.2 Courts in other Parts of India

13

13

2.3.2.1 Original Jurisdictionh tos2us)brsanis

2.3.2.2 Appellate Jurisdiction

2.3.2.3 CourtsofSmallCause

itg1.121i

2h1nnat

14

14

14

2.4 The Three Rules

2.5 Suits of a Civil Nature

e

15

16

2.5.1 Express Bar

2.5.2 Implied Bar Jurisdictional Fact"

18

t 19

20

CHAPTER 3

The Four Essentials of a Suit

3.1 Parties

3.2 Cause of Action

3.3 Subject Matter

3.4 Reliefs Claimed Events happening after the institution of suit

3.4.1 Reliefs in Suits on Contracts