Civil Procedure Code and Limitation Act Notes | B.A. LL.B. (Five Years) Semester 9 | KSLU | munotes

Contents

Unit I

1. Civil Procedure Code and Limitation Act: What This Paper Covers, and How to Read This Book 1
2. Procedural Law and Substantive Law 5
3. The Code of Civil Procedure: Its History, Extent and Application 9
4. Definitions 14
5. Jurisdiction of Civil Courts 20
6. Objections to Jurisdiction 26
7. Res Sub Judice 31
8. Res Judicata 36
9. Bar to Further Suit 51
10. Foreign Judgments 56
11. Place of Suing 63
12. Transfer of Suits 69

Unit II

1. Institution of a Suit and Summons 74
2. Essentials of a Suit and Cause of Action 80
3. Parties to a Suit 85
4. Pleadings 92
5. The Plaint 97
6. The Written Statement 103
7. Set-off and Counterclaim 111
8. Interest 116
9. Costs 121

Unit III

1. Appearance and Consequences of Non-appearance 127
2. Examination of Parties, Interrogatories, Discovery, Inspection and Admissions 133
3. Framing of Issues and Disposal at the First Hearing 141
4. Settlement of Disputes Outside the Court 146
5. Trial, Witnesses and Evidence 151
6. Affidavits and Exemption from Personal Appearance 157
7. Death, Marriage and Insolvency of Parties 163
8. Withdrawal and Adjustment of Suits 169
9. Judgment and Decree 174
10. Meaning of Execution and the Court which Executes 179
11. Transfer of a Decree for Execution 185
12. Questions to be Determined by the Executing Court 191
13. Mode of Execution and Stay of Execution 196
14. Arrest and Detention in Execution 203
15. Attachment of Property 209
16. Sale in Execution 218
17. Resistance to Delivery of Possession 226

Unit IV

1. Suits by and against the Government and Public Officers 232
2. Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys 237
3. Suits Relating to Public Matters: Public Nuisances and Public Charities 243
4. Suits by and against Minors, Corporations, Firms and Others 248
5. Suits by Indigent Persons 255
6. Suits Relating to Mortgages of Immovable Property 261
7. Summary Procedure 267
8. Interpleader Suits 274
9. Payment into Court and Security for Costs 280
10. Commissions 286
11. Attachment before Judgment 293
12. Temporary Injunctions and Interim Orders 299
13. Appointment of Receivers 307
14. Special Case 312
15. Appeals from Original Decrees 317
16. Appeals from Appellate Decrees 326
17. Appeals from Orders 331
18. Appeals to the Supreme Court 336
19. Reference, Review and Revision 342
20. Inherent Powers, Caveat and Miscellaneous 350

Unit V

1. Object and Features of the Limitation Act 1963 358
2. Bar of Limitation and Condonation of Delay 366
3. Legal Disability 371
4. Computation of the Period of Limitation 377
5. Effect of Acknowledgment and Part Payment 384
6. Acquisition of Ownership by Possession 390
7. The Schedule: How to Find a Period of Limitation 398