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Dr. Ram Manohar Lohiya National Law University: Civil Procedure Code

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Civil Procedure Code - Synopsis

DR. RAM MANOHAR LOHIYA NATIONAL


LAW UNIVERSITY
CIVIL PROCEDURE CODE

Synopsis
“A Critical Analysis of the Trial Process in a Civil Proceeding”
Submitted to- Submitted by-

Dr. Vipull Vinod SAHARSH CHITRANSH


Asstt. Prof. (Law) Roll No. 112
Dr. Ram Manohar Lohiya National Law University IInd Year (IVth Semester)
Civil Procedure Code - Synopsis

PREFACE
I am extremely pleased to present this research paper of Code of Civil Procedure. The pursuit
of this research has been a very profitable experience for me in terms of experience and
knowledge. However, the completion of this project would have been highly improbable
without the constant support of my parents and friends and for that I am very thankful to
them. I am also very grateful to my teacher and guide Dr. Vipull Vinod sir, who gave me this
opportunity to take up this project. It was due to his help and guidance throughout this
research that led to the successful completion of this project.

DECLARATION
I hereby declare that the work reported in this project report entitled “A Critical Analysis of
the Trial Process in a Civil Proceeding” submitted at Dr. Ram Manohar Lohiya National Law
University, Lucknow is an outcome of my work carried out under the supervision of
Dr.Vipull Vinod.

I have duly acknowledged all the sources from which the ideas and extracts have been taken.
To the best of my understanding, the project is free from any plagiarism issue.
Civil Procedure Code - Synopsis

INTRODUCTION

After the plaint has been presented by the plaintiff and the written statement by the defendant in
court and the issues have been framed by the court then a stage is reached when the parties to
the suit are in a position to know what facts and what documents should be proved by them. For
this purpose any party to the suit may apply to the court for summons to persons whom he
proposes to call as his witnesses. Sections 30-32 and Orders 16-18 contain necessary provisions
for summoning, attendance and the examination of witnesses. Order 16 provides for
summoning and attendance of witnesses. Order 16-A makes special provisions for attendance of
witnesses confined or detained in prisons. Order 17 deals with adjournments whereas order 18
whereas order 18 makes provisions for hearing of suits and examination of witnesses.

Thereafter, In accordance with Section 31 of CPC, summons to witness be given to give


evidence or to produce documents or other material objects as summons given to defendants
under sections 27,28 and 29 of the CPC. Summons means to notify to appear in court. Witness
is a person who an oath or solemn affirmation gives evidence in any cause or matter. A witness
must attend in court according to the requirement of his subpoena.
Civil Procedure Code - Synopsis

RESEARCH METHODOLOGY

Aims and Objectives:


The aim of the project is to present a detailed study of Civil Trial in India through decisions,
statutes, amendments, suggestions and different writings and articles.

Scope and Limitations:


Though this is an immense project and pages can be written over the topic but because of
certain restrictions and limitations I was not able to deal with the topic in great detail.

Sources of Data:
The following secondary sources of data have been used in the project-
1. Articles

2. Books
3. Websites

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research
paper.

RESEARCH QUESTIONS

1. What are the preliminary stages of a suit initiated in a Civil Court in India?
2. How have the courts interpreted the various grounds that follow the
procedure of Civil Trial in India (case analysis of landmark judgments)?
3. What are the important aspects of summons, attendance of witnesses and hearing of a
suit?

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