Civil Procedure Code and Limitation Act Notes | LL.B. (Three Years) Semester 4 | SPPU | munotes

Contents

Module 01 Introduction to CPC

1. Procedural Law and Substantive Law 1
2. The Code of Civil Procedure: Its History, Extent and Application 5
3. The Code of Civil Procedure at a Glance: Its Scheme, Its Features, State Amendments and the Adversarial Method 10
4. Definitions 15

Module 02 Jurisdiction of Courts

1. Jurisdiction of Civil Courts 21
2. The Civil Courts of Maharashtra, and How a Suit Is Valued 26
3. Chartered High Courts and Small Cause Courts 33
4. Essentials of a Suit and Cause of Action 40
5. Bar to Further Suit 44
6. Parties to a Suit 49
7. Death, Marriage and Insolvency of Parties 55
8. Institution of a Suit and Summons 61
9. Res Sub Judice 67
10. Res Judicata 71
11. Foreign Judgments 86
12. Place of Suing 93
13. Objections to Jurisdiction 98
14. Transfer of Suits 103
15. Summonses Across Borders: Foreign Summonses (Section 29) and Summonses to Witnesses (Section 31) 108
16. Examination of Parties, Interrogatories, Discovery, Inspection and Admissions 113

Module 03 Institution of Civil Suits

1. Pleadings 121
2. The Plaint 125
3. Object and Features of the Limitation Act 1963 131
4. Bar of Limitation and Condonation of Delay 137
5. Legal Disability 142
6. Computation of the Period of Limitation 148
7. Effect of Acknowledgment and Part Payment 155
8. Acquisition of Ownership by Possession 161
9. The Schedule: How to Find a Period of Limitation 169

Module 04 Hearing and Trial of Civil Suits

1. The Written Statement 177
2. Set-off and Counterclaim 183
3. Appearance and Consequences of Non-appearance 188
4. Trial, Witnesses and Evidence 194
5. Affidavits and Exemption from Personal Appearance 200
6. Adjournments, Judicial Discretion and the Problem of Arrears 206
7. Commissions 212
8. Framing of Issues and Disposal at the First Hearing 219
9. Settlement of Disputes Outside the Court 224
10. Withdrawal and Adjustment of Suits 229

Module 05 Judgment and decree

1. Judgment and Decree 234
2. Temporary Injunctions and Interim Orders 239
3. Appointment of Receivers 247
4. Costs 252
5. Payment into Court and Security for Costs 258
6. Meaning of Execution and the Court which Executes 264
7. Transfer of a Decree for Execution 270
8. Questions to be Determined by the Executing Court 276
9. Mode of Execution and Stay of Execution 281
10. Arrest and Detention in Execution 288
11. Attachment of Property 294
12. Sale in Execution 303
13. Resistance to Delivery of Possession 311

Module 06 Suits in Particular Cases

1. Suits by and against the Government and Public Officers 317
2. Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys 322
3. Suits Relating to Public Matters: Public Nuisances and Public Charities 328
4. Attachment before Judgment 333
5. Suits by and against Minors, Corporations, Firms and Others 339
6. Suits by Indigent Persons 346
7. Interpleader Suits 352
8. Summary Procedure 358
9. Suits Relating to Mortgages of Immovable Property 365
10. Special Case 371

Module 07 Appeals, Revision, Review and Refernce

1. Appeals from Original Decrees 376
2. Appeals from Appellate Decrees 385
3. Appeals from Orders 390
4. Appeals to the Supreme Court 395
5. Reference, Review and Revision 401
6. Inherent Powers, Caveat and Miscellaneous 409