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Intro CPC & Lim

The document discusses Paper LB-302, which covers two parts: 1) Part A deals with the Code of Civil Procedure, 1908. 2) Part B deals with the Limitation Act, 1963. The question paper will include one compulsory question from each part. The document then provides further details on the topics, legislations, and books covered for each part.

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Aswin Sreedharan
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35 views

Intro CPC & Lim

The document discusses Paper LB-302, which covers two parts: 1) Part A deals with the Code of Civil Procedure, 1908. 2) Part B deals with the Limitation Act, 1963. The question paper will include one compulsory question from each part. The document then provides further details on the topics, legislations, and books covered for each part.

Uploaded by

Aswin Sreedharan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Paper - LB - 302 – Code of Civil

Procedure and Limitation Act

1. Two parts of the Paper


2. Part A: deals with CPC
3. Part B: deals with Limitation Act, 1963
4. The question paper shall include one compulsory
question each from Part-A and Part-B
LB-302
CPC & Limitation Act
 PART : A – C.P.C.
 Prescribed Legislations:
 Code of Civil Procedure, 1908
 Prescribed Books :
 C.K. Takwani ‘s Civil Procedure
 B. M. Prasad & S. K. Sarvaria, Mulla’s Code of Civil
Procedure (17th ed., 2007)

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Topic 1 & 2

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Topic 3 to 5

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Topic 6 to 8

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Orders 1 to LI

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Topic 11 to 14

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Topic 15: Miscellaneous
 Alternative Dispute Resolution,
 Precepts,
 Interpleader Suits,
 Indigent Suits,
 Caveat

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Part - B : Limitation Act

 Prescribed Legislation: The Limitation Act,


1963
 Prescribed Books:

 1. M.R. Mallick, B.B. Mitra The Limitation Act,,


1963 (22nd ed., 2011)
 2. K. Shanmukham, Sanjiva Row’s The
Limitation Act (9th ed., 2000)

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Topic 1 : Limitation of Suits, Appeals
and Applications (Sections 3-5)

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Topic 2: Computation of Limitation (Sections 12,17
to 19,21)

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Topic 3 : Acquisition of Ownership by
Possession (Sections 25-27)

 Rajender Singh v. Santa Singh, AIR 1973 SC 2537 163


 34. Ravinder kaur Grewal & Ors v. Manjeet Kaur & Ors, Civil
Appeal No.7764/2014 SC
 Topic 4 : The Schedule – Period of Limitation
 (a) Article 113 – Any suit for which no period of limitation is
provided elsewhere.
 35. State of Punjab v. Gurdev Singh (1991) 4 SCC 1 170
 (c) Article 137 – Limitation where no period is prescribed
 36. Ajaib Singh v. Sirhind Cooperative Marketing-cum-
Processing Service Society Ltd., AIR 1999 SC 1351

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Basic Structure of C.P.C, 1908

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Cont.

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Appeals (Ss 96-112 & order 41
to 45)

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Cont.

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Cont.

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Cont.

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Cont.

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51 Order

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Section 2 Definitions

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Stages of a Suit
 Cause of action
 Plaint: (Order VII)
 Summons (Order V)
 Written statement (Order VII)
 Framing of Issues ((Order XIV)
 Trial
 Judgment and Decree (Sec. 33 & Order XX )
 Execution (Sec. 36 to 74 & Order 21)

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Suits of a Civil Nature (Sec. 9)
 A suit can be said to be of a civil nature if it involves
determination of civil rights
 Civil rights mean the right & remedies vested in a
citizen, within the domain of private law as distinct form
rights related to criminal or political matters and public
law

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Cause of Action
 Action means suit & ‘cause of action’ means literally the cause or set
of circumstances which leads up to a suit.
 A ‘cause of action’ arises when a legal right is infringed
 Bundle of facts which give rise to a right or liability.
 Bundle of facts, whose proof is a sine qua non for ultimate success
in the suit. (Sonic surgical v National Insurance)
 Lord Brett: (Coke v Gill 1873): ‘cause of action’ means every fact
which it would be necessary for the plaintiff to prove, if traversed, in
order to support his right to the judgment of the Court.
 Every plaint must disclose a cause of action.

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Stages of a suit

CoA

Execution Plaint

Appeal
Stages of a W.S
suit

Judgment Framing
& Decree of Issue

Trial

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Essentials of a Suit

Parties

Reliefs
Essentials of CoA
a Suit

Subject-
matter

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Decree

Adjudication

Deemed
decree Suit

Essentials of a
Decree

Formal Matters in
Expression controversy

Conclusive
determination

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