Code of Civil Procedure II (including Limitation Act)

Kannur University · LL.B. Semester 4 · CP 16

Unit I

Suits in Particular Cases · By or against government · By or against corporations, trustees, executors, administrators · By or against minors and lunatics · By aliens and by or against foreign rulers or ambassadors · Public nuisance · Suits by or against firm · Suits in forma pauperis · Mortgages · Interpleader suits · Suits relating to public charities · Summary procedure · Supplemental proceedings

Unit II

Interim Orders · commissions · arrest before judgement · attachment before judgement · temporary injunctions · interlocutory orders · Receiver · withdrawal and compromise of suits · Death, marriage and insolvency of parties

Unit III

Execution · the concept · general principles · power for execution of decrees · who may apply for execution and against whom execution may be sought · definition of court which passed a decree · transfer of decree for execution · Precept · execution against transferees and legal representatives · Different modes of execution · arrest and detention · attachment · sale · delivery of property · stay of execution · payment under decree

Unit IV

Appeals · nature of the right of appeal · appeals from original decrees · Appeals from Appellate Decrees · Appeals from Orders · Appeals to the Supreme Court · Procedure of Appeals and Powers of Appellate Court · Reference · Review · Revision · Transfer of cases · Restitution · Caveat · Inherent powers of the Court

Unit V

Law of Limitation · the concept the law assists the vigilant and not those who sleep over the rights · Object · Distinction with laches, delay, prescription · bar of limitation · continuous running of time · sufficient cause for filing the proceeding · illness · mistaken legal advice · mistaken view of law · poverty · minority · insolvency · legal disability · computation of period of limitation · effect of acknowledgement · essential requisites of acknowledgement · Continuing tort and continuing breach of contract · acquisition of ownership by possession · extinguishment of right to property