The Code of Civil Procedure 1908
Hidayatullah National Law University · LL.B. Semester 9 · LLB-C-901
Unit I — INTRODUCTION TO CIVIL JURISDICTION & FOREIGN JUDGMENT
History of the Code of Civil Procedure: Amendments, Objectives, Overview and significant definitions · Meaning of the word “Civil”, Kinds of Jurisdiction covered under CPC 1908, Suits Expressly and Impliedly Barred · Res Subjudice and Res Sub- Judicata, Commercial Disputes & Code of Civil Procedure · When a Foreign Judgement is not conclusive, The Presumption as to foreign judgments Procedure and Enforcement
Unit II — FRAMING AND INSTITUTION OF SUIT, PARTIES & APPEARANCES
Plaintiff, Defendant, Co-plaintiffs, Co-defendants, Joinder of parties; consequences of joinder, non-joinder and misjoinder of parties, Representative suit, Impalement and deletion of parties, recognised agents and pleaders · Pleadings generally, plaint, written statement, set off & counterclaim · Suit to include whole claim, relinquishment, omission, and joinder of causes of action · Issue and Service of Summons, Consequences of non-appearance of parties, non appearance of plaintiff or defendant, Disposal of suit at the first hearing & Case Management Hearing, Examination of Parties by the Court
Unit III — EXAMINATION, PRODUCTION, DISCOVERY, INSPECTION & TRIAL
Examination of Parties, Summoning and Attendance of witnesses, hearing of suits and examination of witnesses, Attendance of Witnesses confined or detained in prisons · Affidavits, Death, Marriage and Insolvency of Parties, Withdrawal and Adjustment of Suits, and Commission · Settlement of Disputes outside Court · Production of Documents, admissions, & effect of admission, Discovery & Interrogatories, Impounding and returns of the documents. · Judgment and Decree, Interests, Costs, Restitution
Unit IV — SPECIAL SUITS /PROCEEDINGS
Suit By or Against Government · Suit By or Against Minors or Persons of Unsound Mind · Suit By or Against Indigent Persons · Interpleader Suits · Temporary Injunctions and Interlocutory Orders
Unit V — EXECUTION OF DECREES
Execution of Decree, Application for execution & Stay of Execution · Execution in general & courts which decree may execute · Modes of Execution, Arrest, Detention & Attachment of Property · Garnishee order & Resistance to Delivery of Possession to Decree Holder or Purchaser
Unit VI — APPEAL, REVIEW, REVISION & REFERENCE
Appeals · Review · Revision · Reference · Caveat & Inherent Powers · Possible future reforms in Civil Procedure - e-courts initiatives
Unit VII — LAW OF LIMITATION
Introduction to the law of limitation · Bar of limitation, effect of expiry of limitation and extension of limitation period · Legal disability, exclusion of time and computation of the limitation period · Acquisition and extinguishment of proprietary rights