Civil Procedure Code and Limitation Act
Shivaji University, Kolhapur · LL.B. Semester 5 · DSC-501
Unit I — Introduction
1.1 The basic concepts in civil procedure code · 1.2 Distinction between decree and judgment and between decree and order · 1.3 Jurisdiction of Court · 1.4 Suit of civil nature-scope and limits · 1.4 Res-subjudice and Resjudicata · 1.6 Place of suing
Unit II — Institution of Suit
2.1 Meaning and essentials of suit · 2.2 Institution of suit · 2.3 Parties to the suit, Joinder, mis- joinder or non-Joinder of parties · 2.4 Representative suit. · 2.5 Frame of suit: Importance of cause of action · 2.6 Summons and modes of service of summons
Unit III — Pleadings
3.1 Fundamental rules of pleading, signing and verification. · 3.2 Plaint: rules and particulars, · 3.3 Admission of plaint and return and rejection of plaint · 3.4 Written statement: particulars, rules of evidence · 3.5 Set off and counter claim distinction and Amendment of pleadings · 3.6 Settlement of Issues and Discovery, inspection and production of documents · 3.7 Interrogatories · 3.8 Privileged documents · 3.9 Affidavits
Unit IV — Appearance, Examination and Trial
4.1 Appearance and Ex-parte procedure · 4.2 Summary Suits · 4.3 Summary and attendance of witnesses · 4.4 Trial · 4.5 Adjournments · 4.6 Interest and costs.
Unit V — Interim orders and Miscellaneous
5.1 Injunction · 5.2 appointment of receiver · 5.3 commissions · 5.4 Arrest or attachment before judgment, · 5.5 Transfer of cases · 5.6 Caveat · 5.7 Inherent powers of Courts · 5.8 Judgment : Meaning and essentials
- Interim orders, Temporary injunction (Order. XXXIX)
- Appointment of Receivers (Order XV)
- Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
- Arrest, detention and attachment (Order XXI and XXXVIII)
- Trial, Summons, Hearing of suit, evidence, judgment and decree and costs (Order V, Order XVI-Order XXA)
Unit VI — Execution.
6.1 The concept. · 6.2 General principles (Ss.52.54). · 6.3 Power for execution of decrees. · 6.4 Procedure for execution (Ss.55.54) · 6.5 Enforcement, arrest and detection (Ss.55.59 ). · 6.6 Attachment (Ss.60-64). · 6.7 Sale (Ss.65-97). · 6.8 Delivery of property. · 6.9 Stay of execution.
Unit VII — Suits, Appeals, Review, Reference and Revision
7.1 By or against government (Ss.79-82) · 7.2 By aliens and by or against foreign rulers or ambassadors (Ss. 83-87 A) · 7.3 Settlement of disputes outside the court (S.89) · 7.4 Suits by or against firm · 7.5 Interpleader suits · 7.6 Suits relating to public charities. · 7.7 Appeals, Review, Reference and Revision · 7.8 Appeals from original decree, appellate decree, Order
Unit VIII — The Law of Limitation
8.1 Condonation of delay · 8.2 Bar of Limitation · 8.3 Expiry of prescribed period when court is closed · 8.4 Extension of prescribed period in certain cases · 8.5 Legal disability and Continuous running of time · 8.6 Computation of period of limitation · 8.7 Acquisition of ownership by possession