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CPC Syllabus

The document outlines the syllabus for the Civil Procedure Code course (FLUCLB502T) for Semester V, covering key topics such as the historical background, definitions, and jurisdictional aspects of civil procedure. It includes detailed units on pleadings, judgments, execution, appeals, and commissions, along with the principles of limitation. Each unit provides a structured approach to understanding civil procedure, including relevant sections of the Code and procedural rules.

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53 views2 pages

CPC Syllabus

The document outlines the syllabus for the Civil Procedure Code course (FLUCLB502T) for Semester V, covering key topics such as the historical background, definitions, and jurisdictional aspects of civil procedure. It includes detailed units on pleadings, judgments, execution, appeals, and commissions, along with the principles of limitation. Each unit provides a structured approach to understanding civil procedure, including relevant sections of the Code and procedural rules.

Uploaded by

iamsaumitra03
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SEMESTER V

SUBJECT CODE & NAME:

FLUCLB502T - CIVIL PROCEDURE CODE

Course Content

Unit I: Introduction: Conceptions of Civil Procedure: Historical background of CPC. The jurisprudential
aspect. The Code of Civil Procedure (Amendment) Act, 2002: Definitions - Decree [section 2(2)],
Judgment [section 2(9)], Legal Representative [section 2(11)], Mesne Profits [section 2(12)], Order
[section 2(14)], Inherent power of the court(S.151); Suits: Concept of Law Suit, Order I, Parties to Suit,
Order II, Frame of Suit, Order IV, Institution of suits, Bars & Suit: Doctrines of Sub Judice & Res Judicata,
Place of Suing (Section 15, 20) - Territorial Jurisdiction., Cause of Action and Jurisdictional Bars,
Summons (Sections 27, 28, 31, Orders IV, VI, IX), Service of Foreign Summons (Section 29), Power for
Order (Section 30 order XI).

Unit II: Pleadings: (Order VI), Material Facts, Forms of Pleading, Condition Precedent, Presumptions of
Law, Striking Out/Amendment. Plaint: (Order VII), Particulars (esp., in money suits/suits for immovable
Property), Showing of doferosnis interest and liability, Ground of Limitation, Return of Plaint, Rejection
of Plaint, Production and listing of Documents, Written Statement, Counter Claim, Set-off, Framing of
issues; Appearance and Examination: Appearance, Ex-parte procedure, Default of Portion, Summoning
and attendance of witnesses, Examination, Admissions, production, importing, return of documents,
hearing, affidavit; Adjournments: Order XVII, Adjournment, Judicial Discretion & problems Arrears;

Unit III: Judgment and decree: Concepts of judgment, Decree, and Interim Orders and stay Injunctions,
Appointment of Receivers, Costs. Execution: (Order XXI), Concept of Execution, General Principles of
Execution, Power for Execution of Decrees (Section 38-46), Procedure for Execution (Section 51-54),
Enforcement: Arrest and Detention (section 55-59), Attachment (Section 60-64), Sale (Section 65-67).
Suits in Particular Cases: Suits by or against Government (Section 79-82), Suits by Aliens and by or
Against Foreign Rulers, Ambassadors and (Section 91-93), Suits relating to public matters, Incident and
supplementary proceedings (Section 75-78, 94-95), and Suits against Minors, persons with unsound
mind, indigent persons etc., Interpleader suits.
Unit IV: Appeals: Appeals from Original Decrees (Section 96-99-A) and Order XLI., Appeals from
Appellate Decrees (Sections 100-101), Appeals from Orders (Sections 104-106) (Order XLII), General
Provisions Relating to Appeals (Section 107-108), Appeals to the Supreme Court (Section 108).

Unit V: Commissions: The Rationale of Commissions, Order XXVI, Socio-Legal Commissions of Inquiry in
Social Action or Public Interest Litigation. Limitation: Concept of Limitation Why limitation, General
principles of limitation, Extension sufficient causes acknowledgment, Legal disability Condonation
when comes to an end, Limitation Act, 1963 (excluding Schedules).

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