CIVIL PROCEDURE CODE AND LIMITATION ACT NOTES
List of Topics covered
0. Introduction of CPC
i. Meaning
ii. Historical Background
iii. Introduction
iv. Nature
v. Object
vi. Scope
vii. Civil Court Procedure
1. Foreign judgment
i. Meaning
ii. Nature and scope
iii. Objects
iv. When foreign judgment is not conclusive
v. Binding and conclusiveness
2. Commissions
i. Meaning
ii. Who can appoint a commissioner?
iii. Who can be appointed as a commissioner?
iv. Procedure for appointment of a commissioner
v. Powers of the commissioner (Order 26 Rule 16-18)
vi. Entitled to a remuneration?
vii. Limitations on the commissioner
3. Arrest before the judgment
i. Applicability
ii. Conditions
iii. Security/Surety/Guarantor
iv. Cases in which order not Applicable
4. Attachment before Judgement
i. Applicability
ii. Exemptions
iii. When Void
iv. Sec. 95
5. Doctrine of Set-Off
viii. Meaning
ix. Conditions to file
x. Effects
xi. Kinds
5. Issues
i. Order 10, Rule 1,
and Rule 2
ii. Framing of issues
iii. Kinds
iv. Wrong way effects
v. Importance
vi. Power and Duty of Court
vii. Materials for framing issues
viii. Effect of omission
6. Inherent Power of the Court
i. Meaning
ii. Exercising Inherent powers
7. Ex Debitio Justitiae
i. Meaning
ii. Example
8. Actus Curiae neminem
gravabit
i. Meaning
ii. Example
9. Indigent Person or Pauper
i. Meaning
ii. Scope & Object
iii. Procedure to Sue
iv. Rejection of application
v. Dispauper a Plaintiff
vi. Grounds
10. Inter-Pleader Suit
i. Meaning
ii. Example
iii. Object
iv. Conditions
v. How to File?
vi. Characteristics
11. Injunction
i. Definition
ii. Kinds
iii. Temporary Injunction (Objects/ Grounds /Principles)
iv. Permanent Injunction
v. Injunctions that may be granted
vi. Court order disobedient
vii. Notice/Ex-Parte Injunction
12. Institution of Suits
i. Meaning
ii. Essentials
iii. Process
13. Receiver
i. Meaning
ii. Appointment
iii. Power
iv. Duties
v. Liabilities
14. Execution
i. Meaning
ii. Who can apply?
iii. By which Court?
iv. Modes
15. Sec. 47 (Questions by the court for executing decree)
i. Meaning
ii. Conditions
iii. Scope and Object
iv. Questions
v. When the court goes behind the decree
vi. Duties of executing court
vii. Case laws
16. Mesne Profits
i. Meaning
ii. Object
17. Judgment debtor S.2(10)
i. Meaning
18. Decree holder S. 2(3)
i. Meaning
19. Legal Representative S. 2(11)
i. Meaning
ii. Who can be?
20. Exparte- decree
i. Meaning
21. Garnishee order
i. Meaning
ii. Parties
iii. Issuance
22. Precept
i. Meaning
23. Rateable Distribution of Assets
i. Meaning
ii. Object
iii. Conditions/Essenti
als
24. Judgment
i. Meaning
ii. Essentials
25. Cause of Action
i. Meaning
26. Restitution
i. Meaning
ii. Doctrine of
Restitution
iii. Who may apply?
27. Interlocutory Orders
i. Introduction
ii. Certain
Interlocutory
orders
28. Multifariousness
i. Meaning
29. ReJoinder
30. Joinder of Parties
31. Non-Joinder
32. Mis Joinder
33. Proforma Defendants
34. Cross Objections (Rule 22)
i. Meaning
ii. Nature
35. Abatement
i. Meaning
36. Representative Suit
i. Definition
ii. Meaning
iii. Object
iv. Conditions for Filing
37. Law of Limitation
i. Meaning
ii. Object
iii. Principles
iv. Nature
v. Non-Applicability
38. Sufficient Cause
i. Meaning
ii. Examples
39. Sec. 4 Expiry of a prescribed period
i. Meaning
ii. Maxims
iii. Actus Curiae neminem gravabit
iv. Lex Non Cogit ad impossibillia
40. Sec. 6-8 Legal Disability
41. Sec. 9 Continuous running of time
i. Meaning
42. Sec.10 Suit by or against Trustee etc.
i. Meaning
ii. Example
iii. Conditions
43. Section 16
i. Meaning
ii. Example
44. Sec. 17 Effect of fraud or Mistake
i. Meaning
ii. Examples
45. Sec. 18 Effect of acknowledgment
i. Meaning
ii. Applicability
46. Appeal
i. Meaning
ii. Requirement to file
iii. Who cannot file?
iv. Types
v. Power & duties of Appellate Court
47. Appeal from Appellate decree ( Sec.100-103 & Order 42 )
i. Meaning
ii. Sec. 100
iii. Substantial Question of Law
iv. Sec. 100 A
v. Sec. 101
vi. Sec. 102
vii. Sec. 103
48. Summons
i. Meaning
ii. Definition
iii. Object
iv. Essentials
v. Summons when necessary
vi. Appearance in person
vii. Exemption
viii. Contents
ix. Mode of service
x. Objections
49. Plaint
i. Meaning
ii. Contents
iii. Essentials
iv. Rejection grounds
50. Written Statement
i. Meaning
ii. Who can file?
iii. Time Limit
iv. Content
51. Counter Claim
i. Meaning with Example
52. Suit by or against the government
i. Who are the parties
ii. Procedure to file suit
iii. Where to send legal notice?
iv. Essentials of Legal Notice
v. Case Law
vi. Exemption
53. Stay of Suit Sec. 10 RES-SUB-JUDICE
i. Meaning
ii. Objectives
iii. Conditions
iv. Case Laws
54. Reference
i. Meaning
ii. Conditions to use
iii. Who can apply?
55. Review
i. Meaning
ii. Grounds
iii. Who can make a
review?
56. Revision
i. Meaning
ii. Example
iii. When can be
made?
iv. Time limit
57. Caveat Sec. 148 A
i. Meaning
ii. Caveator
iii. Caveatee
iv. Objective
v. When to lodge a caveat?
vi. Who may file?
vii. Where can file?
viii. Time Limitation
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