LAW OF CIVIL PROCEDURE AND LIMITATION
Mohanlal Sukhadia University · LL.B. Semester 3 · 8003
Unit 1
Definition - Suits in general, suits of civil nature, stay of suit, Res Judicata, Res Subjudice, Foreign Judgement, Place of trial, Transfer of suits, Joinder, Non-Joinder and Mis-Joinder of Parties and Causes of Action. Service of Summon and Pleadings.
Unit 2 — Execution in General
Courts by which decrees may be executed, powers of the Court executing the decrees. Transfer of decrees for execution and mode of execution, Stay of execution, Suits in particular cases (Orders XXI to XXXIII) - Minor, Indigent, Receiver, Injunction, Notice, Abatement of Suits, Arrest & Detention.
Unit 3
Supplemental proceedings - Attachment before judgement, Arrest before judgement, Temporary injunction and Appointment of Receiver, Commission.
Unit 4
Appeals - Appeals against order and appeals against decree, review, revision and reference.
Unit 5
Misc. Proceedings - Exemption of certain persons, Enlargement of time, Right to lodge a caveat, Inherent powers of court, Amendment of judgement, decrees, orders.
Unit 6
Sections 75 to 78 - Order IX, XVII, XXVI, XXXII, XXXIII B. The Limitation Act, 1963
- Appearance of parties and consequence of non-appearance (Order IX)
- Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order XVI-Order XXA)
- 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)