Civil Procedure Code and Limitation Act
Dibrugarh University · LL.B. Semester 9 · B.A.,LL.B.: 9.2
Unit 1 — Introduction
1.1 Suits in General (S.1 -35) Object of the code, scope, meaning of substantive law and procedural law, Important terms and definitions related with code –Affidavit, Appeal, Cause of Action, Caveat, Issue, Jurisdiction, Suit, Summons, Plaint, Pleading, Written Statement, Decree, Judgment, Order, Decree holder and Decree debtor, Legal representative, Mesne Profit, Execution etc. · 1.2 Jurisdiction of Civil Courts, Cause of action, Res subjudice, Res Judicata, Constructive Resjudicata. · 1.3 Institution of Suit, Essentials of Suits, Parties to Suit, Representative Suit, Frame of Suit. · 1.4 Pleadings, Definition, Basic Rules, Construction of Pleadings, Singing and verification of pleading, Amendment of pleading. · 1.5 Plaint –Meaning, particulars, Written Statement, Set-off, Legal set-off, Equitable set-off, Set-off and Counter –claim. · 1.6 Issue and Service of summon, Meaning and essentials of summons, contents of summon, modes of service of summons.
Unit 2 — Appearance & Non-appearance of Parties-Withdrawal of Compromise of Suits, Trial and Special Suits:
2.1 Appearance and non-appearance of parties, Ex parte decree. · 2.2 First Hearing –Meaning, object. Disposal of Suit at first hearing. · 2.3 Discovery, Inspection and Production of Documents. · 2.4 Issue –meaning framing of issues, kinds of issue, importance of issues, materials for framing issues, omission to France issues, Disposal of suit, penalty for default Adjournments. · 2.5 Interim orders, Issue of commission and its purpose arrest before judgment, attachment before judgment, -Temporary injunction, Interlocutory orders (order 39, Rules 1-5) s · 2.6 Withdrawal and Compromise of suits. · 2.7 Summoning and attendance of witness, summons to produce documents, adjournments, · 2.8 Hearing of suit. · 2.9 Judgment –its essentials, pronouncement of judgment, copy and contents of judgment, alteration in judgment. · 2.10 Decree –its essentials, decree and judgment, contents etc. · 2.11 Award of Interest and Award of Costs.
- 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)
- 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 3 — Special Suits:
3.1 Suits by or against Government or public officers, suits by aliens, suits by or against Foreign Rules, Ambassadors and Envoys. · 3.2 Suits by or against corporations, suits by or against partnership firms, suits by or against trustees, executors and administrators. · 3.3 Suits against minors and lunatics, guardians or next friends, suits concerning family matters. · 3.4 Interpleader Suit · 3.5 Suits by indigent persons. · 3.6 Summary Suits. · 3.7 Arrest and attachment before judgment
Unit 4 — Appeals, Reference, Review, Revision and Execution
4.1 Meaning of Appeals, Reference, Review and Revision 4.1.1.-First Appeals –meaning, essentials, different stages of Appeals, right of appeal, who may appeal, who cannot appeal, decision where appeal heard by two or more judges, cross-objection, cross appeal, powers of Appellate Court, Appeal from appellate decree. 4.1.2.-Second Appeal 100 to 103, 107 -108 and Order 42 –substantial question of law. 4.1.3.-Appeals from orders, appeals by indigent/persons, appeals to Supreme Court, Limitation, Savings powers of High Court. · 4.2 Review –meaning, nature and scope, object, review and appeal, review and reference, review and revision, circumstances, grounds, procedure at hearings. · 4.3 Revision –Meaning, Sec. 115, nature, scope, and object revisions and appeal, revision and second appeal, revision and reference, revision and review, appeal, reference, review and revision –distinction. · 4.4 Reference –object, nature and object, condition, who may apply, power and duty of the referring court, power and duty of High Court, distinction with appeal, 4.4.1-Review and Revision, 4.4.2-Reference under CPC and Cr. P. C., Reference under CPC and Constitution. · 4.5 Execution (Sec. 36 -74) –Meaning, Nature and Scope, Execution proceedings. 4.5.1-Courts executing decrees, -court passing a decree, courts by which decrees may be executed 4.5.2-Application for execution, procedures on receiving application, mode of execution. 4.5.3-Attachment of Property, garnishee order. · 4.6 Miscellaneous –restitution 4.6.1-Notice under C. P. C. 4.6.2-Caveat –meaning, Sec. 148 –A. 4.6.3-Inherit Powers of the Courts (S. 148 to 151) 4.6.4-Causes of delay, in Civil Litigation, amendments of 1999 and 2002.
Unit 5 — Limitation Act, 1963 –Sec. 1-31
5.1 Meaning of law of limitation, nature and object. · 5.2 Plea of bar of limitation and its efficiency · 5.3 Condonation of delay and the doctrine of sufficient cause. · 5.4 Doctrine legal disability, continuous running of time, · 5.5 Rules regarding execution of prescribed time. · 5.6 Effect of certain events on computation of period of limitation Referred cases 1. Nawab Shaquafath Ali Khan V. Nawab Imdad Jah Bahadur (2009) S. Sec 162 2. Narayan Rajendram V. Lakshmy Sarojiny (2009) S Sec. 264 3. Director General of Police, Central Reserve Polcie Force, New Delhi V. P. M. Ramalingam, AIR 2009 SC 956 4. Malwa Strips Pvt. Ltd. V. Jyoti Ltd. V. Jyoti Ltd., AIR 2009 SC 1581 5. Booddoreddy Chandraiah V.Arigela Laxmi, AIR 2008 SC 380 6. Puran Ram V. Bhagyaram, AIR 2008 SC 1960 7. Union of India V. KamalenduShukla, AIR 2006 Pat 117 8. Ksihor Kirtila Mehta V. Lilavati Kirtilal Mehta Medical Trust, 2007 (9) Scale 36. 9. R. N. Jadu V. Subhashchandra, AIR 2007 SC 2571 10. State of U. P. V. Nawab Hussain, AIR 1977 SC 1680 11. Salem Advocate Bar Association, Tamil Nadu V. Union of India, AIR 2003 SC 189.