Code of Civil Procedure and Limitation Act 1963
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 4 · LAIDTT1N
Unit I — Foundational Concepts and Terminologies under the Civil Procedure Code
Nature and Scope of Civil Procedure · Distinction between Substantive Law and Procedural Law (with illustrations from civil disputes) · Key Definitions under the Code of Civil Procedure, 1908 ( Section 2 and other relevant provisions ) · Affidavit (governed by Order 19) · Order, Judgment, Decree ( Section 2(14), 2(9), 2(2) ) · Plaint, Written Statement, Execution, Restitution · Decree Holder ( Section 2(3) ), Judgment-Debtor ( Section 2(10) ) · Legal Representative ( Section 2(11) ) · Mesne Profits ( Section 2(12) ) · Distinction Between: · Decree and Judgment · Decree and Order
Unit II — Jurisdiction and Institution of Suits under the Civil Procedure Code
Jurisdiction of Civil Courts: Meaning, Kinds and Hierarchy · Territorial, Pecuniary, and Subject-Matter Jurisdiction ( Sections 15–20 ) · Hierarchical Structure of Civil Courts ( Read with the Civil Courts Acts & Constitution ) · Suits of Civil Nature: Scope and Limitations ( Section 9 CPC ) · Exclusions from jurisdiction · Bar to suits under specific statutes · Doctrine of Res Sub Judice ( Section 10 CPC ) · Doctrine of Res Judicata ( Section 11 CPC ) · Constructive res judicata, Explanation IV · Foreign Judgments: Conclusiveness and Exceptions ( Sections 13–14 CPC ) · Institution of Suit ( Section 26; Order 4 Rule 1 ) · Parties to Suit and Principles of Joinder: · Joinder, Misjoinder, and Non-Joinder of Parties ( Order 1 Rules 1–10 ) · Necessary and Proper Parties · Representative Suits and Public Interest Litigation ( Order 1 Rule 8 ) · Framing of Suit and Cause of Action ( Order 2 Rules 1–7 ) · Joinder of claims, cause of action, misjoinder of causes
- Concepts: Res-sub judice, Res judicata, set off, counterclaim
- Cause of action and jurisdiction and its kind
- Place of suing
- Court System under the Constitution of India: Supreme Court, High Court, Subordinate Courts &Writ Jurisdiction
- Enforcement of foreign Judgments
- Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act
Unit III — Pleadings Under the Civil Procedure Code
Meaning and Object of Pleadings ( Order 6 Rule 1 ) · General Rules of Pleading, Signing and Verification ( Order 6 Rules 2–15; Rule 14 & 15 ) · Plaint: Essential particulars, amendment, admission, return, and rejection ( Order 7 Rules 1–11 ) · Written Statement: Contents, denial, timelines ( Order 8 Rules 1–10 ) · Set-off and Counterclaim: Nature, scope, and distinction ( Order 8 Rule 6 and Rules 6A–6G ) · Discovery, Inspection, and Production of Documents ( Order 11 & Order 13 ) · Interrogatories ( Order 11 Rules 1–11 ) · Privileged Documents and Protection from Disclosure ( Order 11 Rule 6; also refer to Sections 123–124 of the Indian Evidence Act, 1872 ) · Affidavits: Filing and evidentiary use ( Order 19 Rules 1–3 )
Unit IV — Appearance, Examination and Trial
Appearance of Parties and Consequences of Non-Appearance ( Order 9 Rules 1–12; Order 17 Rule 2 ) · Ex-Parte Proceedings and Setting Aside Ex-Parte Decrees ( Order 9 Rule 6, Rule 7, Rule 13 ) · Summoning and Attendance of Witnesses ( Order 16 Rules 1–21 ) · Examination of Witnesses and Recording of Evidence ( Order 18 Rules 1–19 ) · Trial: Procedure, Framing of Issues, and Adjournments ( Order 14 & Order 17 ) · Interim Orders and Temporary Measures: · Commissions ( Order 26 ) · Arrest Before Judgment ( Order 38 Rule 1 ) · Attachment Before Judgment ( Order 38 Rule 5 ) · Temporary Injunctions and Interlocutory Orders ( Order 39 Rules 1–3 ) · Appointment of Receiver ( Order 40 Rule 1 ) · Interest and Costs ( Sections 34 and 35–35B CPC )
- Appearance of parties and consequence of non-appearance (Order IX)
- Framing of issues, Disposal (Order XIV, XV)
- Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order XVI-Order XXA)
- Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
- Interim orders, Temporary injunction (Order. XXXIX)
- Arrest, detention and attachment (Order XXI and XXXVIII)
- Appointment of Receivers (Order XV)
Unit V — Execution of Decrees and Orders under the Civil Procedure Code
Concept and Scope of Execution ( Section 36 CPC ) · General Principles Governing Execution ( Sections 36–74; Order 21 ) · Courts Competent to Execute Decrees ( Sections 37–39 ) · Transfer of Decrees for Execution ( Section 39–42 ) · Modes of Execution ( Section 51; Order 21 Rules 30–36 ) · Execution of Decree for Payment of Money, Possession, and Specific Performance ( Order 21 Rules 30–36, 32 ) · Arrest and Detention in Civil Prison ( Order 21 Rules 37–40; Section 55 ) · Attachment of Property in Execution ( Order 21 Rules 41–57 ) · Sale of Attached Property ( Order 21 Rules 64–73 ) · Delivery of Movable and Immovable Property ( Order 21 Rules 79–82 ) · Stay of Execution Proceedings ( Order 21 Rule 26–29; Section 47–48 )
Unit VI — Suits in Particular Cases under the Civil Procedure Code
Suits by or against the Government and Public Officers ( Section 79–82; Order 27 ) · Notice under Section 80 CPC · Procedure and special protections · Suits by or against Foreign Rulers, Ambassadors, and Envoys ( Sections 84–87B ) · Recognition and limitations on suits · Suits by or against Aliens · Suits Relating to Public Nuisance and Other Wrongful Acts Affecting the Public ( Section 91 CPC ) · Representative actions by Advocate General or with court permission · Suits by or against Firms and Persons Carrying on Business in Names Other than Their Own ( Order 30 Rules 1–10 ) · Suits by Indigent Persons (Suits in forma pauperis) ( Order 33; Order 44 for appeals ) · Interpleader Suits ( Section 88; Order 35 ) · Conditions, procedure, and effect of decree · Suits Relating to Public Charities ( Section 92 CPC ) · Requirements, leave of the court, framing of scheme, role of trustees
Unit VII — Appeals, Review, Reference, Revision and Ancillary Proceedings
A. Appeals · Appeals from Original Decrees (First Appeal) ( Sections 96–99A; Order 41 ) · Appeals from Appellate Decrees (Second Appeal) ( Section 100–103 ) · Appeals from Orders ( Section 104–106; Order 43 Rule 1 ) · General Provisions Relating to Appeals ( Order 42; Order 45 for Supreme Court Appeals ) · Appeal to the Supreme Court (Civil Appeal before SC) ( Section 109–112; Order 45 ) · Substantial question of law · Certificate for appeal · B. Review · Review of Judgments and Orders by the Same Court ( Section 114; Order 47 ) · Grounds and limitations · C. Reference · Reference to the High Court ( Section 113; Order 46 ) · Conditions for reference by subordinate courts · D. Revision · Revisional Jurisdiction of the High Court ( Section 115 CPC ) · Nature, scope, and limitations · E. Ancillary Provisions · Transfer of Cases ( Sections 22–25 CPC ) · Restitution ( Section 144 CPC ) · Principles and scope in context of reversed decrees · Caveat Petition ( Section 148A CPC ) · Right to be heard before interim orders · Inherent Powers of Civil Courts ( Section 151 CPC ) · To meet ends of justice and prevent abuse of process
Unit VIII — Law of Limitation and Its Applications
Scope, Purpose, and Object of the Limitation Act, 1963 · Legal certainty, prevention of stale claims · Distinction between Limitation, Laches, and Estoppel · Equity vs statutory bar · Condonation of Delay ( Section 5 ) · Sufficient cause and judicial discretion · Extension and Suspension of Limitation ( Sections 4–9 ) · Legal disability, computation, exclusion of time · Postponement of Commencement of Limitation · Legal Disability ( Section 6 ) · Part-payment of Debt ( Section 19 ) · Acknowledgement in Writing ( Section 18 ) · Continuing Torts and Continuing Breach of Contract ( Judicial Interpretation ) · Doctrine of Adverse Possession ( Articles 64 & 65; Sections 27 and judicial rulings ) · Prescriptive Rights and Easements by Prescription ( Section 25 of Limitation Act; Section 15 of Easements Act, 1882 )