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The Jammu and Kashmir Code of Civil Procedure, a cryptic and incomplete code, was first published in 1873 A.D. (Samvat 1930 Bikrami). It was amended in 1896 A.D (Samvat 1953) on the pattern of the Indian Civil Procedure Code enacted in 1882. Later in the year 1920 A.D (Samvat 1977 Bikrami) Jammu and Kashmir State adopted almost verbatim Indian Civil Procedure Code, 1908 A.D. with certain additions or deletions of minor nature except in section of clause (d) in Section 115 which was of a substantial nature. Amendments made in the Indian Code in 1978 were adopted in 1983 as also amendments to the Indian Code in the year 1999 were adopted in the 2009 by Act VI of 2009.
While adopting Section 115 contained in Indian Code of 1908 in 1920, a new clause (d) was added providing ‘to have failed to do substantial justice or to have caused failure of justice. But soon after on 7th Jeth Samvat 1978, clause (d) was amended substituting the clause with ‘to have caused failure of justice’. This was a substantial departure from the Indian Code enlarging the revisional jurisdiction of the High Court and the said clause continues to remain on the statue book even after adoption of the amendments made in Indian Code in 1999.
The Jammu and Kashmir Code of Civil Procedure, Svt. 1977 (1920 A.D) as sanctioned by the Maharaja came into force on 1st day of Baisakh, 1978 (Bikrami). It consolidated and amended laws relating to procedure of courts of civil judicature.
The Code regulates the civil proceedings in all civil courts and is an essential tool for the advocates and concerned readers. We feel immense pleasure to present this book containing text of Code of Civil Procedure, Svt. 1977 along with Civil Procedure Alternative Dispute Resolution and Mediation Rules, 2009, Trial Courts and First Appellate Subordinate Courts Rules, 2010, High Court Case Flow Management Rules, 2010, Notifications, Circulars, Orders, Subject Index, Nominal Index and Exhaustive Case Law since 1922 with alphabetical synopsis for having complete reference on the subject.
We shall be glad to receive useful suggestions from readers for the forthcoming editions.
1. Jammu And Kashmir Code of Civil Procedure, Svt. 1977 (1920 A.D.)
2. Civil Procedure Alternative Dispute Resolution And Mediation Rules, 2009
3. Trial Courts And First Appellate Subordinate Courts Rules, 2010
4. High Court Case Flow Management Rules, 2010
5. Notifications, Orders, Circulars, etc.
6. Exhaustive Case Law since 1922 With Alphabetical Synopsis Subject And Nominal Indices