Civil Procedure Code and Limitation Act
University of Kerala · LL.B. Semester 3 · Paper III
Unit I
Meaning of procedure · Distinction between procedural and substantive laws · Definitions · Judgements · decree · order · foreign judgement · government pleader · Judge · Judgement debtor · legal representative · mesne profits · movable property · pleader · public officer · Jurisdiction of courts to try civil suits · stay of suit · res-judicata · Place of suing · Institution of suits · pleading · plaint · written statement and set off · Parties to suits · joinder of parties misjoinder of parties · framing of suits · Summons and discovery · issue and service of summons
Unit II
Appearance of parties · consequence of non appearance · exparte decree · setting aside of ex parte decree · examination of parties by the court · discovery and inspection · admission · production impounding and return of documents · settlement of issues and determination of a suit on issues of law or on issue agreed upon · disposal of suit at first hearing · Summoning and attendance of witness · adjournment Hearing of the suit and Examination of witness · affidavit
- 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)
Unit III
Judgement and decree : Execution of decree · interest · cost’ compensatory cost · Property liable to attachment and sale in execution of decree · Appeal · First appeal · cross appeal and cross objection · Second appeal · Appeal to the Supreme Court · Reference · Revisions and Review · Supplementary Proceedings · Arrest before judgement · attachment before judgement · injunction · Appointment of receiver · security for costs · withdrawal of suits · payment into court compromise of suits
- Meaning of execution
- Mode of execution and stay of execution (Order XXI)
- Arrest, detention and attachment (Order XXI and XXXVIII)
- Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
- Interim orders, Temporary injunction (Order. XXXIX)
- Appointment of Receivers (Order XV)
- Appeals, reference, review, revision (Order XLI –XLVII)
- Withdrawal and adjustment of suits (Order XXIII)
Unit IV
Special proceedings · Suits in particular cases · Notice before suit · Inter-pleader suit · suits by paupers · suit by or against firms · suits by or against a minor · suit in respect of public charities · Incidental proceedings · Miscellanious · Exemptions of certain woman from personal appearance · application for restitution, proceedings by or against representative · saving of inherent power · amendment of Judgement and decree
Unit V
Law of Limitation: · Nature of the law of limitation · Limitation of suits · Appeal and applications · Computation of the period of limitation · Acquisition of ownership by possession · Extension of time prescribed for certain cases · Doctrine of ‘pith and substance’ · Expiry of the prescribed period when court is closed · Legal disability and limitation · Continuous running of time · Exclusion of time in cases where leave to issue appeal · Exclusion of time proceeding in court without jurisdiction · Effect of death on or after the accrual of the right to sue · Effect of acknowledgement in writing · Effect of substituting or adding new plaintiffs or defendants · Continuing breaches and torts · Acquisition of easement by prescription