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Rethinking Theoretical Foundations Of The Code Of Civil Procedure: Prospect And Retrospect
Published in
Volume: 53(1)
Pages: 1 - 31
Law of civil procedure plays a crucial and determining role in expediting the adjudication of civil disputes. It evolved gradually from the strenuous efforts of the judiciary. The contemporary tendency, however, is to treat the procedural law as subordinate to substantive law. There is an increased attention on the trends of developments of law of civil procedure in India from scholars across the globe. The article is an attempt to critically analyze the cases decided by the apex court relating to some issues on theoretical foundations of law of civil procedure. These issues are: Whether law of civil procedure is an adjective law? How the Code of Civil Procedure has been evolved and developed over time? What are the object, scope and extent of applicability of the Code? How the Code is to be interpreted? Whether the Code should have retrospective operation?
About the journal
JournalJournal of the Indian Law Institute