CIVIL PROCEDURE CODE AND LIMITATION ACT
Rashtrasant Tukadoji Maharaj Nagpur University · LL.B. Semester 3 · 3.2
Unit I — UNIT I
Codification of Civil Procedure and Introduction to CPC — Principal features of the Civil Procedure Code · Hierarchy of courts · Suits ; Parties to Suit; Framing of Suit —Institution of Suits — Bars of Suit · Doctrines of Sub Judice and Res Judicata · Place of Suing — Transfer of suits · Territorial Jurisdiction ; ‘Cause of Action’ and Jurisdictional Bars · Summons ; Service of Foreign summons.
Unit II — UNIT II
Pleadings: Contents of pleadings; Forms of Pleading; Striking out / Amendment of Pleadings · Plaint: Essentials of Plaint - Return of Plaint; Rejection of Plaint · Production and marking of Documents; Written Statement; Counter claim — Set off ; Framing of issues.
Unit III — UNIT III
Appearance and Examination of parties & Adjournments · Ex-parte Procedure · Summoning and Attendance of Witnesses — Examination — Admissions — Production, Impounding, Return of Documents · Hearing ; Affidavit · Judgment and Decree ; Concepts of Judgment, Decree, and Interim Orders and Stay ; Injunctions · Appointment of Receivers and Commissions ; Costs · Execution ; Concept of Execution; General Principles of Execution ; Power of Execution; Power of Executing Courts; Procedure for Execution; Modes of Execution · Arrest and detention; Attachment and Sale.
- 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)
- Examination of Parties, Interrogatories, Discovery and inspection, Admissions, documents
- Interim orders, Temporary injunction (Order. XXXIX)
- Appointment of Receivers (Order XV)
- Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
- Meaning of execution
- Mode of execution and stay of execution (Order XXI)
- Arrest, detention and attachment (Order XXI and XXXVIII)
Unit IV — UNIT IV
Suits in Particular Cases; Suits by or against Government ; Suits relating to public matters; Suits by or against minors, persons with unsound mind, - Suits by indigent persons – Interpleader suits · Incidental and supplementary proceedings · Appeals, Reference, Review and Revision — Appeals from Original Decrees; Appeals from Appellate Decrees; Appeals from Orders; General Provisions Relating to Appeals.
Unit V — UNIT V
Law of Limitation — Concept of Limitation; Object of limitation - General Principles of Limitation · Extension: Condonation of delay; Sufficient Cause — Computation of limitation · Acknowledgment and Part-payment; Legal Disability; Provisions of the Limitation Act, 1963 (Excluding Schedule)