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.

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)