4th Semester LLB Unitary - Code Of Civil Procedure II (Including Limitation Act) - Notes, Question Papers and Syllabus
Code Of Civil Procedure II (Including Limitation Act)
Subject shall be taught by incorporating the recent developments.
Unit I
Suits in particular cases - By or against government – By or against corporations, trustees, executors, administrators – By or against minors and lunatics - By aliens and by or against foreign rulers or ambassadors - Public nuisance - Suits by or against firm - Suits in forma pauperis – Mortgages - Interpleader suits - Suits relating to public charities – Summary procedure - Supplemental proceedings.
Unit II
Interim Orders – Commissions – Arrest before judgement – Attachment before judgement temporary – Injunctions – Interlocutory orders – Receiver. Withdrawal and compromise of suits. Death, marriage and insolvency of parties.
Unit III
Execution - The concept - General principles - Power for execution of decrees - Who may apply for execution and against whom execution may be sought - Definition of court which passed a decree - Transfer of decree for execution - Precept - Execution against transferees and legal representatives – Different modes of execution - Arrest and detention – Attachment - Sale - Delivery of property - Stay of execution – Payment under decree.
Unit IV
Appeals - Nature of the right of appeal - Appeals from original decrees - Appeals from appellate decrees - Appeals from orders - Appeals to the Supreme Court - Procedure of appeals and powers of appellate court - Reference - Review - Revision. Transfer of cases - Restitution – Caveat - Inherent powers of the court.
Unit V
Law of Limitation - The concept - The law assists the vigilant and not those who sleep over the rights – Object - Distinction with laches, acquiescence, prescription – Bar of limitation – Continuous running of time - Sufficient cause for not filling the proceedings – Illness - Mistaken legal advice - Mistaken view of law – Poverty - Minority – Imprisonment - Legal disability – Computation of period of limitation – Effect of acknowledgement - Essential requisites of acknowledgement - Continuing tort and continuing breach of contract – Acquisition of ownership by possession – Extinguishment of right to property.
Suggested Readings:
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Takwani C.K - Civil Procedure
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Mulla - Code of Civil Procedure
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Sarkar’s - Law of Civil Procedure
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M.R. Mallick (ed.) - B.B. Mitra on Limitation Act