Civil Procedure Code and Limitation Act Notes | B.A. LL.B. (Five Year Course) Semester 9 | Mumbai University | munotes

Contents

Module I Introduction (Section 2-Section 25)

1. Definitions 1
2. Jurisdiction of Civil Courts 7
3. Res Sub Judice 12
4. Res Judicata 16
5. Bar to Further Suit 31
6. Foreign Judgments 36
7. Place of Suing 43
8. Objections to Jurisdiction 48
9. Transfer of Suits 53
10. Essentials of a Suit and Cause of Action 57
11. Set-off and Counterclaim 61

Module II Of suits (Section 26-Section35, Order I-Order XX)

1. Parties to a Suit 66
2. Death, Marriage and Insolvency of Parties 72
3. Institution of a Suit and Summons 78
4. Pleadings 84
5. The Plaint 88
6. The Written Statement 94
7. Appearance and Consequences of Non-appearance 100
8. Examination of Parties, Interrogatories, Discovery, Inspection and Admissions 106
9. Framing of Issues and Disposal at the First Hearing 113
10. Trial, Witnesses and Evidence 118
11. Judgment and Decree 123
12. Costs 128
13. Withdrawal and Adjustment of Suits 134
14. Suits by and against the Government and Public Officers 139
15. Suits by and against Minors, Corporations, Firms and Others 144
16. Suits by Indigent Persons 151
17. Suits Relating to Mortgages of Immovable Property 157

Module III Execution and other procedures (Orders XXI)

1. Meaning of Execution and the Court which Executes 163
2. Transfer of a Decree for Execution 168
3. Questions to be Determined by the Executing Court 173
4. Mode of Execution and Stay of Execution 178
5. Arrest and Detention in Execution 185
6. Attachment of Property 191
7. Sale in Execution 200
8. Resistance to Delivery of Possession 208
9. Attachment before Judgment 214
10. Payment into Court and Security for Costs 220
11. Commissions 226
12. Temporary Injunctions and Interim Orders 233
13. Interpleader Suits 240
14. Special Case 246
15. Summary Procedure 251
16. Settlement of Disputes Outside the Court 257

Module IV Receivers, Appeals and other procedures and Law of Limitation

1. Appointment of Receivers 262
2. Appeals from Original Decrees 268
3. Appeals from Appellate Decrees 277
4. Appeals from Orders 282
5. Appeals to the Supreme Court 287
6. Reference, Review and Revision 292
7. Inherent Powers, Caveat and Miscellaneous 300
8. Affidavits and Exemption from Personal Appearance 307
9. Chartered High Courts and Small Cause Courts 313
10. Object and Features of the Limitation Act 1963 319
11. Bar of Limitation and Condonation of Delay 326
12. Legal Disability 331
13. Computation of the Period of Limitation 337
14. Effect of Acknowledgment and Part Payment 344
15. Acquisition of Ownership by Possession 350
16. The Schedule: How to Find a Period of Limitation 358