10.1 Civil Procedure Code and Limitation Act

5046 CIVIL PROCEDURE CODE AND LIMITATION ACT

Paper - 1

Unit-1: Introduction: Conceptions of Civil Procedure in India before the advent of the British

Rule, Evolution of Civil Procedure from 1712 to 1901, Principal features of the Civil Procedure Case. Importance of State Amendments. Types of Procedures - Inquisitorial and Adversary Importance of observance of procedure. Law Reforms, the Code of Civil Procedure (Amendment) Act, 2002.

Unit-2: Suits: Concept of Law Suit, Order 1, Parties to Suit, Order II, Frame of Suit, Order IV. Institution of suits, Bars & Suit: Doctrines of Sub Judice & Res Judicata, Place of Suing (Section 15, 20) Territorial Jurisdiction., "Cause of Action" and Jurisdictional Bars, Summons (Sections 27,28,31. Orders IV.VI,IX), Service of Foreign Summons (Section 29). Power for

Order (Section 30 order XI).

Unit-3: Pleadings: (Order VI), Material Facts, Forms of Pleading, Condition Precedent. Presumptions of Law, Striking Out/Amendment. Plaint: (Order VII), Particulars (esp., in money suits/suits for immovable Property). Showing of doferosni's interest and liability. Ground of Limitation, Return of Plaint, Rejection of Plaint, Production and listing of Documents, Written Statement, Counter Claim, Set off, Framing of issues; Appearance and Examination:, Appearance, Ex-parte procedure, Default of Portion, Summoning and attendance of witnesses, Examination. Admissions, production, importing, return of documents, hearing, affidavit; Adjournments:, Order XVII. Adjournment, Judicial Discretion& problems Arrears; Unit-4: Judgment and decree: Concepts of judgment. Decree, and Interim Orders and stay Injunctions, Appointment of Receivers, Costs. Execution: (Order XXI), Concept of "Execution", General Principles of Execution, Power for Execution of Decrees (Section 38-46), Procedure for Execution (Section 51-54), Enforcement: Arrest and Detention (section 55-59), Attachment (Section 60-64), Sale (Section 65-67).

Unit-5: Suits in Particular Cases: Suits by or against Government (Section 79-82), Suits by Aliens and by or Against Foreign Rulers, Ambassadors and (Section 91-93), Suits relating to public matters, Incident and supplementary proceedings (Section 75-78, 94-95), and Suits against Minors, persons with unsound mind, indigent persons etc., Inter pleader suits.

Unit -6: Appeals: Appeals from Original Decrees (Section 96-99-A) and Order XLI., Appeals from Appellate Decrees (Sections 100-101). Appeals from Orders (Sections 104-106) (Order XLII), General Provisions Relating to Appeals (Section 107-108), Appeals to the Supreme Court (Section 108).

Unit-7: Commissions: The Rationale of Commissions, Order XXVI, Socio-Legal Commissions

of Inquiry in "Social Action" or "Public Interest Litigation". Unit -8: Limitation: Concept of Limitation - Why limitation, General principles of limitation, Extension - sufficient causes-acknowledgment, Legal disability-Condonation - when comes

to an end, Limitation Act, 1963 (excluding Schedules). Books Recommended:

1. .K. Takwani: Civil Procedure, 4 Edition, Eastern Book Co., Lucknow, 2007. 2. A.N. Saha: Code of Civil Procedure

3. Mulla: Code of Civil Procedure: Tripathi (Abridged Edition), (Student Edition).

4. B.B.Mitra: Limitation Act, 17 Edition, Eastern Law House, Calcutta, 1974, Allahabad, 1973.

5. Sanjiva Row: Limitation Act, 7 Edn. (in 2 Vol.s), Law Book Co., Allahabad, 1973.

6. Sanjiva Row: Code of Civil Procedure, 3 rd Edn, (in 4 Vols), Law Book Co., Allahabad. 7. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.