Code of Civil Procedure and Law of Limitation
Maharashtra National Law University, Aurangabad · LL.B. Semester 7
Unit I — Introduction to Code of Civil Procedure and Principles
The Code of Civil Procedure, its objects and purpose, History of the Code of Civil Procedure, Definitions: (to be considered along with the relevant topic): decree, decree-holder, district, judge, judgment, judgment-debtor, legal representative, mesne profits, order, Subordination of courts, Jurisdiction (all suits of civil nature), types of jurisdiction, issue of jurisdiction as preliminary issue, objections to jurisdiction, Bar to jurisdiction, Place of suing, Institution of suits, Res judicata and stay of suit, Parties to a suit, Joinder, misjoinder and non- joinder of parties Recognised agents and pleaders, Effect of death, marriage and insolvency of parties, Frame of suit, whole claim, Joinder and misjoinder of causes of action and claims, Bar of suit on same cause of action.
Unit II — Summons and Pleadings
Issue of summons and documents, Purpose of issuing summons, Service of summons, persons who can serve summons, mode of service, on whom can it be served, substituted service, service on a defendant outside the jurisdiction of the court, Effect of not taking steps to serve summons, Effect of non-appearance of the defendant after being served, Exemption from appearance, Pleadings, purpose, forms, particulars in pleadings, mandatory particulars, Verification, Amendment of pleadings, Plaint, particulars, contents, relief, grounds of relief, admitting plaint, Return of plaint, Rejection of plaint, Effect of return and rejection of plaint, Accompaniments to plaint: Documents, Address, Written statement, admission and denials, Counterclaim, Set off, Grounds of defence, Registered addresses of parties, Appearance of parties and consequence of non-appearance, setting aside ex-parte decrees
Unit III — Preliminary procedures, Issues, hearing and judgment and orders
Examination of parties by the court, Discovery and inspection Admissions and effect, Production, impounding and return of documents, Framing of issues, effect if parties not at issue, List of witnesses, Summons to witness, Expenses of witness, Witness to give evidence and production of documents, Hearing of suit, Right to begin, Order of appearance of witnesses, Manner of taking evidence, Language, Recording questions and answers and objections, Demeanor of witness, recording evidence on commission, Affidavits and personal attendance, Adjournments, Withdrawal and adjustment of suits, Payment into court Judgment, Its contents, Decision on each issue, Interest and Costs, Compensatory costs, Costs for causing delay, Inherent powers of a court, Open court and in-camera proceedings
Unit IV — Decrees and execution of decrees
Decree, Meaning, Purpose, Court which passed the decree, Decrees granting particular reliefs, Execution of decrees, court by which decree will be executed, Transfer of decree, Persons by whom and against whom decree can be executed, Transferees, Legal representatives, Payment under decree, Procedure of executing a decree, Issue of process, Stay of execution, Property that can or cannot be attached, Modes of execution of different kinds of decrees, Attachment and Garnishee order, Sale, Arrest and detention, Questions to be determined by executing court, Resistance or obstruction to execution.
Unit V — Interlocutory, incidental, supplemental and special proceedings
Commissions, Settlement of disputes outside Court, Arrest and attachment before judgment, Security for costs, Interim injunction, Interlocutory orders, Receivers, Cavaet.
Unit VI — Particular proceedings
Summary procedure, third party procedure, suits by or against government and public officers, suits by aliens and foreign states, suits by or against corporations, partnership firms, persons carrying on business in names other than their own, suits by or against minors, suits by indigent persons, interpleader suits, special case.
Unit VII — Appeals, Revision and Review, Recognition of judgments
Appeals from original and from appellate decrees, Appeals to Supreme Court, appeals from orders, powers of Appellate Courts, Procedure in appeals, Filing appeal, stay of proceedings or execution, Hearing, Judgment and decree in appeal, reference, review and revision, recognition of foreign judgments.
Unit VIII — The Limitation Act 1963
The role of limitation law, bar of limitation, Prescribed period and the Schedule, Continuous running of time, Special period of limitation for the government, Application to arbitration proceedings, Extension of period : court closed, for sufficient cause, legal disability; No bar in suits against trustees, Computation of period of limitation, Exclusion of time, Effect of death, defendant being out of India, fraud and mistake, Effect of acknowledgment in writing and payment on account of debt, Adverse possession: acquisition of ownership by possession.