Civil Procedure Code and Limitation Act
Mahatma Gandhi University · LL.B. Semester 1 · UL-4
Unit I
Suits in General- Civil Courts- Jurisdiction of Civil Courts- Suits of Civil Nature- Res subjudice- Res Judicata- Constructive res judicata- parties to the suit- Non joinder- mis joinder- proper parties and necessary parties- legal representatives- representative suits
Unit II
Place of suing- objections- Institutions of suits – pleadings in general- Plaint and written statements- Amendment of pleadings- counter claim- set-off- framing of issues - Summons- Modes of serving summons- Consequences of non- appearance- Exparte procedure- Discovery and Inspection- Interrogatories – Admissions-Production and impounding of documents- Rejection and return of documents – affidavit – cost.
- Place of suing
- Institution of a suit (Order IV and V)
- Pleadings, plaint and written statement (Order VI- Order VIII)
- 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)
Unit III
Interim orders- Commissions - Receivers -their duties, powers and removal - Arrest before judgments- Attachment before judgments- Interest- - Inherent powers - Caveat- transfer of suits – Abatement of suits - withdrawal of suits- Special suits – suit by or against Government – Suit by or against minors and lunatics-Mortgage suits- Summary suits-Suits relating public trust and public nuisance – Suit by an Indigent person- Inter pleader suits-
Unit IV
Decree- judgement- order- Appeals-Appeals from original decree- preliminary decrees- second appeals- Appeals from orders- Appeal to Supreme courts- Stay of proceedings- Forms of appeals- Procedure of hearing of an appeals- Cross objections- powers and duties of appellate courts-Appeals by Indigent persons - Reference – Revision- Review - Limitation Act- Nature- Object- Limitation of suits- Appeals and applications- Condonation- - Legal disability -Computations of the period of limitation - Acknowledgements and its effects-Effect of fraud or mistakes -acquisition of ownership by possession.
- Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order XVI-Order XXA)
- Appeals, reference, review, revision (Order XLI –XLVII)
- Object and features of Limitation Act, 1963
- Bar of limitation (S.3-5)
- Legal disability (S.6-10)
- Computation of period of limitation (S.12-24)
- Effect of acknowledgment in writing and part-payment (S. 18-20)
- Acquisition of ownership by possession (S. 25-27)
Unit V
Execution- General Principles – Executing court- Application for execution- Questions to be determined by the executing court -Stay of execution- powers- Modes of execution- Precepts- Garnishee order-Delivery of property- Cross decrees and cross claims- Appointment of receiver- Arrest and detention- – civil imprisonment- Attachments- Sale of movables and immovable property – Proclamation- setting aside of a sale