CIVIL PROCEDURE CODE AND LIMITATION ACT
Karnataka State Law University · LL.B. Semester 5 · Course-I
Unit 1
Civil Procedure Code Introduction; Distinction between procedural law and substantive law- History of the code, extent and its application, definition; Suits: Jurisdiction of the civil courts- Kinds of jurisdiction-Bar on suits- Suits of civil nature (Sec.9); Doctrine of Res sub judice and Res judicata (Sec. 10, 11 and 12); Foreign Judgment (Sec. 13, 14); Place of Suits (Ss. 15 to 20); Transfer of Cases (Ss. 22 to 25).
Unit 2
Institution of suits and summons: (Sec. 26, 0.4 and Sec. 27, 28, 31 and O.5); Interest and Costs (Sec. 34, 35, 35A, B); Pleading: Fundamental rules of pleadings- Plaint and Written Statement- Return and rejection of plaint- Defences- Set off- Counter claim; Parties to the suit (O. 1): Joinder, misjoinder and non-joinder of parties- Misjoinder of causes of action- Multifariousness.
Unit 3
Appearance and examination of parties (O.9, O.18) - Discovery, inspection and production of documents (O.11 & O.13) - First hearing and framing of issues (O.10 and O.14) - Admission and affidavit (O.12 and O.19) - Adjournment (O.17) - Death, marriage-Insolvency of the parties (O.22) - Withdrawal and compromise of suits (O.23) - Judgment and Decree (O.20); Execution (Sec. 30 to 74, O.21): General principal of execution- Power of executing court- Transfer of decrees for execution- Mode of execution- a) Arrest and detention, b) Attachment, c) Sale.
- 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)
- Meaning of execution
- Mode of execution and stay of execution (Order XXI)
- Arrest, detention and attachment (Order XXI and XXXVIII)
Unit 4
Suits in particular cases; Suits by or against Governments (Sec. 79 to 82, O.27); Suits by aliens and by or against foreign rulers, ambassadors (Sec. 85 to 87); Suits relating to public matters (Sec. 91 to 93); Suits by or against firms (O.30); Suits by or against minors and unsound persons (O.32); Suits by indigent persons (O.33); Inter-pleader suits (Sec. 88, O.35); Interim Orders; Commissions (Sec. 75, O.26); Arrest before judgment and attachments before judgment (O.38); Temporary injunctions (O.39); Appointment of receivers (O.40); Appeals (Ss. 90 to 109, O.41, 42, 43, 45); Reference- Review and Revision (Ss. 113, 114, 115, O.46, O.46); Caveat (Sec. · 144.A)- Inherent powers of the court (Ss. 148, 149, 151).
- Special suits — Orders XXVII to XXXIV
- Interpleader, Special case and Summary procedure (Order XXXV, XXXVI and XXXVII)
- Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
- Arrest, detention and attachment (Order XXI and XXXVIII)
- Interim orders, Temporary injunction (Order. XXXIX)
- Appointment of Receivers (Order XV)
- Appeals, reference, review, revision (Order XLI –XLVII)
Unit 5
Limitation Act.