SUBJECT : CODE OF CIVIL PROCEDRE
SUBJECT CODE : HTB
Objective of the Course
The course intends to understand the legislative measures in procedural. The course also helps
in understanding the procedures to be followed by the civil courts from the institution of suits till
the final disposal. The course tries to understand the computation of limitation period for the
institution of suit, appeal and applications along with exclusion.
UNIT I Introduction
Definitions Jurisdiction of Civil Court Place of Suing Institution of Suits Presentation of
Plaint Parties to the suit-principles of res subjudice and res judicata.
UNIT II Pleadings & Trial
Plaint Written Statement Service of Summons Appearance and Non-Appearance of Parties
Discovery, Inspection and Production of Documents Admission Production, Impounding
and Returning of Documents- transfer of suits-decree and judgment -Remand Restitution
Appeals: first appeal, second appeal, appeals from orders and appeals to Supreme Court
Reference Review - Revision
UNIT III Suits in particular cases
Suits by and against government and public officer Suits by indigent person suits by or
against minors and lunatics, aliens and foreign rulers, soldiers, corporation, Firms, trustees,
executors and administrators-suits relating to family matters, mortgages, public nuisance and
public charities- interpleader suits-summary procedure.
UNIT IV Execution
General principles, courts by which decree may be executed, payment under decree, application
for execution, mode of execution, stay of execution, questions to be determined by executing
court, arrest and detention, attachment of property sale and delivery of property, distribution of
assets.
UNIT V Limitation Act
Definitions Limitation of Suits Appeals Computation of Period of Limitation Acquisition
of ownership by possession.
Statutory Materials :
Code of Civil Procedure, 1908
Limitation Act, 1963
Books Prescribed :
C. K. Takwani : Civil Procedure Code
Mulla : Code of Civil Procedure
M. P. Jain : Code of Civil Procedure
Pattabiraman : Code of Civil Procedure
Books for Reference :
Taxmann : Code of Civil Procedure
M. P. Tandon : Code of Civil Procedure
C. K. Takkar : Code of Civil Procedure
P. Basu : Law of Limitation
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