ONLINE CERTIFICATE COURSE ON CODE OF CIVIL PROCEDURE
(CODE OF CIVIL PROCEDURE, 1908 – SYLLABUS)UNIT I: Introduction
- Meaning and purpose of the Code of Civil Procedure
- History and evolution of CPC
- Extent, applicability and scheme of the Code
- Definitions (Section 2)
- Distinction between:
- Substantive law and procedural law
- CPC and Criminal Procedure Code
UNIT II: Jurisdiction of Civil Courts
- Jurisdiction: meaning and kinds
- Territorial, pecuniary and subject-matter jurisdiction
- Original and appellate jurisdiction
- Suits of civil nature (Section 9)
- Bar to jurisdiction
- Res sub judice (Section 10)
- Res judicata (Section 11)
- Place of suing (Sections 15–20)
UNIT III: Institution of Suit and Pleadings
- Institution of suit (Section 26, Order IV)
- Plaint:
- Meaning, particulars and presentation
- Rejection of plaint (Order VII Rule 11)
- Written statement:
- Meaning and essentials
- Set-off and counter-claim
- Pleadings:
- General rules (Order VI)
- Amendment of pleadings
UNIT IV: Parties to Suit
- Necessary and proper parties
- Joinder of parties and causes of action
- Misjoinder and non-joinder
- Representative suits (Order I Rule 8)
- Suits by or against minors and persons of unsound mind
- Suits by indigent persons
UNIT V: Summons and Appearance
- Issue and service of summons
- Appearance of parties
- Ex parte proceedings
- Adjournments
- Hearing of suits
UNIT VI: Interim Orders
- Temporary injunctions (Order XXXIX)
- Interlocutory orders
- Appointment of receiver
- Attachment before judgment
- Arrest before judgment
UNIT VII: Trial and Evidence
- Framing of issues
- Burden of proof
- Examination of witnesses
- Affidavits
- Commission
- Judgment and decree
UNIT VIII: Execution of Decrees
- Meaning and kinds of decree
- Execution: general principles
- Courts executing decrees
- Modes of execution
- Arrest and detention
- Attachment and sale of property
- Resistance to execution
UNIT IX: Appeals, Reference, Review and Revision
- Appeals:
- First appeal
- Second appeal
- Reference
- Review
- Revision
- Limitation in civil proceedings
UNIT X: Special Proceedings
- Suits in particular cases
- Summary suits (Order XXXVII)
- Suits relating to public nuisance
- Interpleader suits
- Compromise of suits
UNIT XI: Inherent Powers of Court
- Inherent powers (Section 151)
- Ends of justice and abuse of process
- Doctrine of actus curiae neminem gravabit
UNIT XII: Alternative Dispute Resolution (ADR)
- Section 89 CPC
- Arbitration
- Conciliation
- Mediation
- Lok Adalat