Code of Civil Procedure and Limitation

Unit 1 — Nature and Scope

Substantive and procedural law · Code of Civil Procedure is an adjective law: classification and importance, retrospective operation of law, the Code, adversarial procedure, and inquisitorial procedure- similarity and differences · Efficacy of adversarial procedure, delay, and other problems

• Definitions

Unit 2 — Jurisdiction of civil courts

determination of jurisdiction · classification of jurisdiction · suit of civil nature · Ousting jurisdiction of civil courts · Res-subjudice and Res-judicata · Foreign judgment

• Cause of action and jurisdiction and its kind
• Concepts: Res-sub judice, Res judicata, set off, counterclaim

Unit 3 — Place of suing

Sections 15-21A · Transfer and withdrawal of suits (Sections 22-25)

• Place of suing

Unit 4 — Parties to suit

Parties to suit, Framing of suit, recognized agents, pleaders, and institution of suit

• Parties to a suit (Order I –Order III)

Unit 5 — Issue and service of summons

Issue and service of summons, appearance of parties, and consequences of non-appearance

• Institution of a suit (Order IV and V)

Unit 6 — First hearing

First hearing, discovery, inspection, admission, production of documents, and affidavits

• Appearance of parties and consequence of non-appearance (Order IX)
• Examination of Parties, Interrogatories, Discovery and inspection, Admissions, documents
• Framing of issues, Disposal (Order XIV, XV)

Unit 7 — Trial

Trial, withdrawal, and adjustment of suits · judgment · decree

• Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order XVI-Order XXA)
• Withdrawal and adjustment of suits (Order XXIII)

Unit 8 — Interlocutory and interim orders.

Interlocutory and interim orders

• Interim orders, Temporary injunction (Order. XXXIX)

Unit 9 — Appeals

Appeals, reference, review, revision

• Appeals, reference, review, revision (Order XLI –XLVII)

Unit 10 — Execution

General principles · Mode of execution · arrest and detention · attachment of property and distribution of assets · sale and delivery of property

• Meaning of execution
• Mode of execution and stay of execution (Order XXI)
• Arrest, detention and attachment (Order XXI and XXXVIII)

Unit 11 — Restitution

Restitution, caveat, inherent power, and commercial courts

Unit 12 — Limitation Act

Definitions · limitations of suits, appeals, and applications · computation of limitation · The above issues are to be studied with special reference to the Code of Civil Procedure 1908, and Limitation Act 1963, and relevant case laws on the subject.

• Object and features of Limitation Act, 1963
• Bar of limitation (S.3-5)
• Legal disability (S.6-10)
• Computation of period of limitation (S.12-24)