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India, laws, statutes, etc. Codes, Cril
and Publishers to the Madras University.
India:Codes. Civil Procedure
PRINTED BY HIGGINBOTHAM AND Co.,
165, MOUNT ROAD.
JUL 2 6 1935
PREFACE TO THE SECOND EDITION.
The kindly suggestions of several critics notwithstanding, I have adhered to the original plan and form of the book in preparing this second edition. I am not of the number of those who believe it to be possible to accomplish a work like Tidds Practice, that in the course of a few years shall become absolutely authoritative for all the courts of India : nor do I think that such a work would be generally useful, if it could be produced, at the present moment. Judging from what I have seen and heard, I imagine that in most parts of the Mofussil an elementary acquaintance with the principles and terminology of procedure is far more urgently needed than are precise instructions upon knotty points of practice and that to many judges and legal practitioners the revelation of a time-honoured doctrine is more useful than a report of the freshest ruling of a Full Bench upon some disputed matter. I have therefore prepared this second edition, as I prepared the first, for the use not so much of ripe lawyers and smart practitioners as of uninstructed officials and pleaders who, knowing little or nothing of law and practice, are called upon to do the very work that judges barristers and solicitors do at Westminster.
The changes in the Code are very numerous, and many of them very important. Indeed it may almost be assumed that the Legislature has at length resolved that the courts of this country shall adopt substantially the new practice of the Supreme Court of Judicature of England. I have, therefore, thought it advisable to introduce into the Commentaries more excerpts from English books, in particular several of the notes in Lely and Foulkes' excellent work on the Judicature Acts, here and there perhaps without specific reference thereto. On the other hand I have omitted as unnecessary many references to Indian decisions and rulings, and not a few original suggestions that may once have had their use. CUDDAPAH, April, 1878.
J. H. NELSON.