Civil Procedure Code-I
Jamia Millia Islamia · LL.B. Semester 7
Unit I
Introduction of Procedural Laws-Interpretation of Procedural Laws · Preliminary Concept & Definition (Section 2): Decree, Decree-Holder, Judgement-Debtor, Mesne Profits, Foreign Court & Foreign Judgements · Courts: Their Constitution and Jurisdictional Aspects (Section 9 and 15 to 21A)
Unit II
Stay of Suit (Section 10)-Bar to further Suit (Section 12) · Res Judicata: Explanation to Section II-Identity of Matters in Issue-Matters Directly and Substantially in Issue-Constructive Res Judicata-Scope & Principle-Applicability of the Principle to Writs-Res judicata between Co- defendants. · Conclusiveness of Foreign Judgments
Unit III
Place of Suing: Situation of Subject Matter-Immovable Property within Jurisdiction of Different Courts-Local Limits-Wrongs to Person/Movable Property-Equity Acts in Personam · Transfer of Cases (Sections 22-25): Transfer & Compensatory Cost-Dilatory Costs · Execution of Decrees and Orders (Sections 36 to 74): Concept and Meaning of Execution-Nature and Scope-Courts by which decree may be executed- Powers of the Courts in Executing Decree (Section 38)-Questions to be determined by the Executing Court-Distinction between Trial Court and Executing Court-Modes of Execution of Decree (Section 51-60)-Arrest and Detention of Judgment Debtor Order 21-Attachment of Property-Sale of Property Moveable and Immovable-Delivery of Property-Stay of Execution of Decree (Order 21, R26)
Unit IV
Commissions (Sections 75-78): Their Findings and Value-Notice · Settlement of Disputes and Conciliation-Settlement of Disputes outside the Court (Section 89) · Inter-Pleader Suit (Section 88 Order 35)-Public Nuisances (Section 91)-Public Charities (Section 92)
Unit V
Appeal: Concept and Meaning in General-Appeal from Original Decree (Section 96 Order 41]-Whom may Appeal-Who cannot Appeal-Appeal from Ex-Parte Decree [Section 96 (2)]-Consent Decree [Section 96 (3)]-No Appeal in Petty Cases [Section 96(4)]; Appeal from Appellate Decree [Section 100 order 42]-Nature and Scope-Grounds of Second Appeal; Appeal to the Supreme Court [Section 109]-Grounds of Appeal to the Supreme Court; Appeals from Orders [Section 104 order 43]-Procedure for Filling Appeal; Revision: Concept and Meaning-Grounds of Revision (Section 105)- Revision from Interlocutory Orders-Distinction between appeal and revision; Review: Meaning and concept (Section 114)-Grounds of Review (Section 114)-Procedure of Filling Review (Order 45); Reference: Meaning and Concept-Grounds of Review (Section 113)-Procedure of Filling Review · Inherent Powers of the Court (Section 151)-Rule Making Powers of the High Court (Sections 129-130); Restitution-Concept and Meaning-Nature and Scope-Condition Necessary for Restitution-Who may Apply for Restitution- Who may Grant Restitution-Extent of Restitution · Amendment of Judgments-Decrees-Orders.