Unit 4 of Civil Procedure Code 1908 and Limitation Act 1963 (syllabus: Module IV — receivers (Order XL); appeals, reference, review and revision (Orders XLI–XLVII); miscellaneous (Orders XLVIII–LI); Limitation Act 1963 — object and features, bar of limitation (ss. 3–5), legal disability (ss. 6–10), computation (ss. 12–24), acknowledgment and part-payment (ss. 18–20), acquisition of ownership by possession (ss. 25–27)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- On what ground is a receiver appointed, and what may the court not do?
- From which decrees does an appeal lie, and is an appeal a stay?
- What is a substantial question of law for the purpose of second appeal?
- How do reference, review and revision differ?
- What does section 3 of the Limitation Act 1963 require the court to do?
- To what does section 5 apply, and what does it not reach?
- How do sections 6, 8 and 9 work together on legal disability?
- What restarts a running period of limitation?
- What is the effect of section 27, and how is adverse possession pleaded?
- When does a first appeal lie only on a question of law?
- What are the five steps of a second appeal under s. 100?
- When does s. 100A bar a further appeal within a High Court?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Code of Civil Procedure 1908, s. Order XL Rule 1
- Code of Civil Procedure 1908, s. 96
- Code of Civil Procedure 1908, s. 100
- Code of Civil Procedure 1908, s. 113, 114 and 115
- Limitation Act 1963, s. 3
- Limitation Act 1963, s. 5
- Limitation Act 1963, s. 6, 8 and 9
- Limitation Act 1963, s. 18 and 19
- Limitation Act 1963, s. 27
- Code of Civil Procedure 1908, s. Section 96, sub-sections (1) to (4)
- Code of Civil Procedure 1908, s. Section 100, sub-sections (1) to (5) and the proviso, with section 101
- Code of Civil Procedure 1908, s. Section 100A, as substituted by the Code of Civil Procedure (Amendment) Act 2002
Leading cases
- Code of Civil Procedure 1908
- Sir Chunilal V. Mehta and Sons Ltd. v Century Spinning and Manufacturing Co. Ltd.
- Haridas Das v Smt Usha Rani Banik
- Limitation Act 1963
- Collector
- Ravinder Kaur Grewal v Manjeet Kaur
- No decided case is registered for this course on section 96(4); the authority is the sub-section itself
- Sir Chunilal V. Mehta and Sons v Century Spinning and Manufacturing Co.
- No decided case is registered for this course on section 100A; the authority is the section as substituted by the Code of Civil Procedure (Amendment) Act 2002.
Full case summaries
- Sir Chunilal V. Mehta and Sons Ltd. v Century Spinning and Manufacturing Co. Ltd. (1962)
- Haridas Das v Smt Usha Rani Banik (2006)
- Collector, Land Acquisition, Anantnag v Mst Katiji (1987)
- Ravinder Kaur Grewal v Manjeet Kaur (2019)