Code of Civil Procedure and Limitation Law
University of Burdwan · LL.B. Semester 3 · LCC 3.3.3
Unit I
i. The function of the Code of Civil Procedure with a brief history. ii. Important definitions of words like Decree, Judgement, Order, Mesne Profits, Public Officer, Legal Representative etc. iii. Jurisdiction of Civil Courts – Courts to try all civil suits unless expressly or impliedly barred. What are suits of a civil nature? iv. Pendency of a suit bars a fresh suit. Principle underlying Section 10. v. Principles of Res. Judicata – Constructive res judicata as embodied in Explanation IV and VI of Section 11. vi. When Foreign Judgements are not conclusive (Section 13). vii. Place of Suing – Section 15 to 21A provide the key to the topic. viii. Power of transfer and General power of transfer and withdrawal of suits (Section 22 to 25). ix. Institution of Suit (Section 26 and Order 1, 2, 3 and 4) x. Pleadings (Order 6, 7, 8) xi. Service of Summons to Defendants under different circumstances; Section 27 to 29 and order V. xii. Judgement and Decree- Section 33 & Order XX xiii. Costs- Section 35A-B, Order XX-A
- Definitions
- Concepts: Res-sub judice, Res judicata, set off, counterclaim
- Cause of action and jurisdiction and its kind
- Place of suing
- Parties to a suit (Order I –Order III)
- Institution of a suit (Order IV and V)
- Pleadings, plaint and written statement (Order VI- Order VIII)
- Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act
Unit II
i. Section 36-39 application to orders, definition of court which passed a decree, court by which decree may be executed, transfer of decree ii. Section 46- Precepts iii. Section 47- Question to be determined by the Court executing decree. iv. Section 51- Power of court to enforce execution v. Section 52- Enforcement of decree against legal representative. vi. Section 55- Arrest and detention. vii. Section 56- Prohibition of arrest or detention of women viii. Section 60- Property liable to attachment and sale in execution of decree. ix. Interim Orders- Power of Civil court to issue Commissions (Secs 75 to 78). x. Details of procedure relating to Commissions (Order XXVI). xi. Arrest and attachment before judgment (Order XXXVIII) xii. Temporary injunction (Order XXXIX). xiii. Interlocutory Orders (Order XXXIX) xiv. Receiver (Order XL)
Unit III
i. Suits by or against Govt. or Public Officer in the Official capacity (Secs. 79 to 81) – Notice to the Govt. or Public Officer (Section 80) ii. Suit by or against minor or lunatics – Order XXXII iii. Suits by indigent persons- Order XXXIII iv. Interpleader Suits – Section 88 and order XXXV. v. Settlement of dispute outside of Court – Section 89 vi. Filing of a suit in respect of public Nuisance (Section 91). vii. Procedure for filling of a suit in respect of breach of any express or constructive trust created or public purposes of a charitable or religious nature (Section 92).
Unit IV
i. Appeals – from original decrees – from final decree where no appeal from Preliminary decree ii. Second appeal when lies – Appeals from orders – Powers of appellate court – when appeal lies to the Supreme Court (Section 96 to 112 and Orders XLI to XLIII). iii. Reference – (Section 113 & Order XLVI iv. Review of Judgments (Section 114 & Order XLVII) v. Revision of Judgment (Section115) vi. The principle of restitution when decree is set aside or modified – Section 144 – Determination of any question under Sec.144 is a decree. vii. Enforcement of Liability of Surety – Section 145. viii. Right to lodge a Caveat by a person claiming a right to appears before the court – Section 148A. ix. Inherent power of court to make order for the ends of justice or to prevent abuse of the process of Court (Sec. 151) x. Amendments of judgments, decrees and orders (Section152) xi. General power to amend (Section 153) power to amend decree or order where appeal is summarily dismissed (Section 153A). xii. Appeals by indigent persons – Order XLIV
Unit V
The Limitation Act 1963 i. Section. 1 – 20. ii. Prescriptive Rights- Section 25-27