3-Year LL.B. · Semester V

V: Paper-I : Civil Procedure Code and Law of Limitation

Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.

Subject introduction

The Civil Procedure Code, 1908, and the Law of Limitation (codified under the Limitation Act, 1963) form the procedural backbone of civil justice administration in India. While the CPC establishes the comprehensive framework for instituting suits, conducting trials, passing decrees, and executing judgments, the Law of Limitation dictates the strict statutory timeframes within which a litigant must approach the court. Rooted in the maxim vigilantibus non dormientibus jura subveniunt (the law assists the vigilant, not those who sleep over their rights), limitation bars the judicial remedy once the prescribed window expires, ensuring legal certainty and preventing stale claims. Working in tandem, the CPC provides the procedural machinery to enforce substantive rights, while the Law of Limitation determines whether that machinery can lawfully be activated.

Syllabus

PAPER - I

CIVIL PROCEDURE CODE AND LAW OF LIMITATION

Unit-I: Codification of Civil Procedure and Introduction to CPC, Principal features of the Civil Procedure Code, Suits, Parties to Suit, Framing of Suit, Institution of Suits, Bars of Suit, Doctrines of Sub Judice and Res Judicata, Place of Suing, Transfer of suits, Territorial Jurisdiction, 'Cause of Action' and Jurisdictional Bars, Summons, Service of Foreign summons.
Unit-II: Pleadings - Contents of pleadings, Forms of Pleading, Essentials of Pleading, Striking out/Amendment of Pleadings, Plaint - Essentials of Plaint, Return of Plaint, Rejection of Plaint, Production and marking of Documents, Written Statement, Counter claim, Set off, Application of Sec. 89, Framing of issues.
Unit-III: Appearance and Examination of parties & Adjournments, Ex-parte Procedure, Summoning and Attendance of Witnesses, Examination, Admissions, Production, Impounding, Return of Documents, Hearing, Affidavit, Judgment and Decree - Concepts of Judgment, Decree, and Interim Orders and Stay, Injunctions, Appointment of Receivers and Commissions, Costs, Execution - Concept of Execution, General Principles of Execution, Power of Executing Courts, Procedure for Execution, Modes of Execution - Arrest and detention, Attachment and Sale.
Unit-IV: Suits in Particular Cases - Suits by or against Government, Suits relating to public matters, Suits by or against minors, persons with unsound mind, Suits by indigent persons, Interpleaded suits, Incidental and supplementary proceedings, Appeals, Reference, Review and Revision, Appeals from Original Decrees, Appeals from Appellate Decrees, Appeals from Orders, General Provisions Relating to Appeals.
Unit-V: Law of Limitation - Concept of Limitation, Object of limitation, General Principles of Limitation, Extension, Condonation of delay, Sufficient Cause, Computation of limitation, Acknowledgment and Part payment, Legal Disability, Provisions of the Limitation Act, 1963 (Excluding Schedule).
Suggested Readings:
1. Mulla, The Code of Civil Procedure, Lexis Nexis, Butterworths, Wadhwa.
2. C.K. Takwani: Civil Procedure, Eastern Book Co., Lucknow.
3. Sarkar's Civil Court Practice and Procedure, Lexis Nexis.
4. B.B. Mitra: Limitation Act, Eastern Law House, Calcutta, Allahabad.
5. Sanjiva Row: Limitation Act (in 2 Vols), Law Book Co., Allahabad.
6. Sanjiva Row: Code of Civil Procedure (in 4 Vols), Law Book, Allahabad.
7. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.