Reading List for understanding Trial Court Procedure (LITIGATION BASICS 9)

Trial court practice requires a thorough and systematic understanding of procedural laws. The Code of Civil Procedure, the Limitation Act, the BNSS/CrPC, and the Evidence Act form the backbone of trial court litigation. A beginner must approach these laws in a structured manner to understand how trials are actually conducted.

 

Sequence of Reading to Understand Trial Court Practice

(1) Bare Acts

Bare Acts are the primary source of legal reading for understanding trial court procedure. Every law student and junior lawyer must begin with reading the Bare Acts to understand the statutory framework governing trials.

 

(2) Court Manuals

Court Manuals play a crucial role in understanding the day-to-day functioning of trial courts.

Example:
The Civil Manual and Criminal Manual issued by the Bombay High Court govern the administration and procedural working of trial courts in Maharashtra.

·         The Civil Manual prescribes procedures for civil courts.

·         The Criminal Manual prescribes procedures for criminal courts.

These manuals are indispensable for understanding practical court processes.

 

(3) Basic Reference Books

Basic reference books help beginners understand trial court procedure in a simplified and structured manner.

Some useful reference books include:

·         Sarkar’s Civil Court Practice and Procedure – Explains the complete procedure of civil trials.

·         S.P. Tyagi – Criminal Trial Practice & Procedure – Provides detailed explanations of various types of criminal trials.

 

(4) Commentaries

Standard commentaries deepen the understanding of law by explaining judicial interpretations and procedural nuances. However, commentaries should be read only after acquiring a basic understanding from Bare Acts and reference books, failing which they may appear complex and overwhelming.

 

(5) Judgments

Reading judgments of the Supreme Court and High Courts is essential to understand judicial interpretation of procedural laws. Developing the skill of judgment reading is a core component of litigation practice and must be cultivated from the beginning.

 

Suggested Reading List for Understanding Procedural Laws

Bare Acts are the primary legal reference. After reading Bare Acts, one should refer to judgments and commentaries. The following is a selective list of important books for understanding procedural laws. An exhaustive list is unnecessary at the beginner stage.

Civil Procedure

1.      Bare Act – Code of Civil Procedure

2.      Civil Manual issued by the High Court

3.      Sarkar’s Civil Court Practice and Procedure

4.      Mulla on the Code of Civil Procedure

 

Criminal Procedure

1.      Bare Act – BNSS/CrPC

2.      Criminal Manual issued by the High Court

3.      S.P. Tyagi – Criminal Trial Practice & Procedure

4.      Kelkar – Criminal Procedure (recommended for law students)

 

Law of Evidence

1.      Bare Act – Indian Evidence Act / Bharatiya Sakshya Adhiniyam

2.      Sarkar on Law of Evidence (with reference to the earlier Evidence Act)

 

Limitation Act

1.      Bare Act – Limitation Act

2.      T.R. Desai – Limitation Act

3.      U.N. Mitra – Law of Limitation and Prescription