Civil Procedure Code & Limitation Act

Unit 1 — The Code of Civil Procedure Code, 1908 Definition – suits in general suit to civil nature, stay of suit, Resjudicata, Res subjudice, Foreign Judgments, Place of trial, transfer of suits, Joinder non – joinder and mis – joinder of parties and causes of action. Service of summon and pleadings.

• Definitions
• Concepts: Res-sub judice, Res judicata, set off, counterclaim
• Essentials of a suit
• Cause of action and jurisdiction and its kind
• Place of suing
• Parties to a suit (Order I –Order III)
• Institution of a suit (Order IV and V)
• Pleadings, plaint and written statement (Order VI- Order VIII)
• Section 13, 14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act

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 modes of execution. Stay of execution. Suit in particular cases (Orders XXIX to XXIII). Abatement of suits.

• Meaning of execution
• Mode of execution and stay of execution (Order XXI)
• Arrest, detention and attachment (Order XXI and XXXVIII)
• Incidental proceeding, Payment into court, security costs and commissions (Orders XXIV
• Withdrawal and adjustment of suits (Order XXIII)
• Special suits — Orders XXVII to XXXIV

Unit 3 — Supplemental proceedings - Attachment before judgement. Arrest before judgement. Temporary injunction and appointment of receiver.

• Arrest, detention and attachment (Order XXI and XXXVIII)
• Interim orders, Temporary injunction (Order. XXXIX)
• Appointment of Receivers (Order XV)

Unit 4 — Appeals – Appeals against order and appeals against decree. Review

Revision and Reference.

• Appeals, reference, review, revision (Order XLI –XLVII)

Unit 5 — The Limitation – Act 1963 (Omitting the Schedule). Purpose, policy, nature and scope of the Act. Definition: Applicant, bond, defendant, easement, good faith, plaintiff, period of limitation. Relationship between limitations. Laches, acquiescence. estoppel and resjudicata; Limitation of suits. Appeals and applications. Disability, computation of period of limitation. Acknowledgement and part payment. Acquisition of ownership by prescription.

• 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)