5.civil Procedure Code and Limitation Act I

SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)
(Established under section 3 of the UGC Act 1956)

Re - accredited by NAAC with ‘A’ Grade
Founder: Prof. Dr. S. B. Mujumdar, M.Sc.,Ph.D. (Awarded Padma Bhushan and
Padma Shri by President of India)
(Established under section 3 of the UGC Act 1956, by notification No.F.9-

12/2001-U3 Government of India)
Accredited by NAAC with ‘A’ Grade
Founder: Prof. Dr. S. B. Mujumdar, M.Sc.,Ph.D. (Awarded Padma Bhushan and Padma Shri
by President of India)
___________________________________________________________________________
___
Sub Committee - Specialization for Curriculum Development
Under Graduate
Course Title: Civil Procedure Code and Limitation Act I
Course Code:T1521
Number of Credits:2
Level : 04
Learning Objective(s):
1. To analyse the crucial importance of Civil Procedure Code and the Limitation Act in
civil proceedings
2. To outline the foundations on which civil litigations are based
3. To analyse the primary requirements of a civil proceeding
4. To illustrate the necessary sequence which must be followed in a civil litigation
5. To outline the distinctions between the appellate and revisional jurisdictions
6. To analyse the consequences of procedural faults and lacunae
7. To outline the scope of the Limitation Act
Learning Outcomes:
At the end of the course the student will:
1. Be able to understand the crucial importance of Civil Procedure Code and the
Limitation Act in civil proceedings
2. Know the foundations on which civil litigations are based
3. Be able to understand the primary requirements of a civil proceeding
4. Know the necessary procedural sequence which must be followed in a civil litigation
5. Have knowledge of the differences between the appellate and revisional jurisdictions
6. Know the consequences of procedural faults and lacunae
7. Know the scope of the Limitation Act
Pre-learning:
Property Law, Law of Contract, Family Law
Course Outline
(restructuring of syllabus, topic-wise segregation and inclusion of sub-topics in each

Module):
Sr.No. Topics Hours
Module 1 Introductory 2
1.1 History of the Code of Civil Procedure;
Amendments
1.2 Objective behind the Code
1.3 Overview of the Code
1.4 Definitions: decree, judgment, order, mesne profits,
pleader, legal representative, judgment-debtor, decree-
holder, foreign judgment
1.5 Subordination and Hierarchy of Courts
Module 2 Jurisdiction of Civil Courts 6

2.1 Subject-matter jurisdiction; applicability for special
and local laws
2.2 Pecuniary Jurisdiction
2.3 Territorial Jurisdiction
2.4 Objections to Jurisdiction
2.5 Transfer of civil suits
2.6res judicata and res sub-judice
Module 3 Foreign Judgment 1

3.1 When not conclusive
3.2 Presumption as to foreign judgments
3.3 Enforcement
Module 4 Parties to Suits 3

4.1 Plaintiff, Defendant, Co-plaintiffs, Co-defendants
4.2 Joinder of parties; consequences of joinder, non-
joinder and mis-joinder of parties
4.3 Representative suit
4.4 Impleadment and deletion of parties
4.5 Recognized agents and pleaders
Module 5 Frame of Suit 1

5.1 Suit to include whole claim, relinquishment,
omission
5.2 Joinder of causes of action
Module 6 Institution of Suit 4

6.1 Pleadings generally
6.2 Plaint: Particulars, Documents relied on in plaint,
Return of Plaint, Rejection of Plaint
6.3 Written Statement: time period, denial,
consequences of failure to file, additional WS
6.4 Set Off, Counter Claim
Module 7 Appearance of Parties 3

7.1 Issue and Service of Summons
7.2 Consequences of non-appearance of parties, non-
appearance of plaintiff or defendant
7.3 Setting aside ex parte decree
7.4 Disposal of suit at the first hearing
7.5 Examination of Parties by the Court
Module 8 Discovery, Inspection & Production of Documents 2

8.1 Discovery by interrogatories
8.2 Discovery of documents and their production
8.3 Impounding and Return of Documents
Module 9 Admissions and Settlement of Issues 2

9.1 Admissions: Notice, Form, Judgment on Admission
9.2 Issues: Of Fact, of Law, Materials to frame issues,
Power of Courts
Module 10 Trial 3
10.1 Affidavits
10.2 Summoning and Attendance of Witnesses
10.3 Attendance of Witnesses confined or detained in
prisons
10.4 Hearing of suit and examination of witnesses
Module 11 Judgment and Decree 2

11.1 Judgment and Decree
11.2 Interests
11.3 Costs
Module 12 Miscellaneous 1
12.1 Adjournments
12.2 Restitution
12.3 Settlement of Disputes outside Court
12.4 Inherent Powers of Civil Court
GRAND TOTAL 30 hours
Pedagogy:
 Lecture Method,
 Discussion Method
 Case-Law Method
 Discussion Method
Books Recommended:
1. Prasad B.M, Mulla, Code of Civil Procedure, Lexis Nexis Butterworths, 2017
2. Jain M.P, Code of Civil Procedure, Lexis Nexis Butterworths, 2013
3. Mulla, The Key to Indian Practice, Lexis Nexis, 2015
4. Jatindra Kumar Das, Code of Civil Procedure, PHI Learning Private Limited, 2014
5. C.K Takwani, Civil Procedure Code, Eastern Book Company, 2017, (reprinted 2018)
6. Sarkar’s Law of Civil Procedure, Wadhwa and Company, 2006
7. Civil Procedure Code, A.I.R. Commentary
8. Majumdar, P.K. and Kataria, R.P., Commentary on the Code of Civil Procedure,
1908, Universal, Delhi, (1998)
9. Saha, A.N., The Code of Civil Procedure, Eastern Law House, (1908)
10. Sarkar P C and Sarkar A. C., Sarkar's Law of Civil Procedure, 11th edition, Vol. 2,
Wadhwa and Co., (2006)
11. Sarvaria S K, Mulla, Code of Civil Procedure, Lexis Nexis Butterworth, (2011)
12. Thakker, C.K. and Thakker M. C., Code of Civil Procedure, 1908, Eastern Book Co.,
(2005)
Suggested Assessment/ Evaluation Methods
 Case and Open Problems,

 Drafting Assignments,
 IRAC Assignments

5.civil Procedure Code and Limitation Act I

Uploaded by

Copyright:

Available Formats

5.civil Procedure Code and Limitation Act I

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

5.civil Procedure Code and Limitation Act I

Uploaded by

Copyright:

Available Formats

SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under section 3 of the UGC Act 1956)

(Established under section 3 of the UGC Act 1956, by notification No.F.9-

Course Title: Civil Procedure Code and Limitation Act I

At the end of the course the student will:

Property Law, Law of Contract, Family Law

(restructuring of syllabus, topic-wise segregation and inclusion of sub-topics in each

Sr.No. Topics Hours

Module 2 Jurisdiction of Civil Courts 6

Module 3 Foreign Judgment 1

Module 4 Parties to Suits 3

Module 5 Frame of Suit 1

Module 6 Institution of Suit 4

Module 7 Appearance of Parties 3

Module 8 Discovery, Inspection & Production of Documents 2

Module 9 Admissions and Settlement of Issues 2

Module 11 Judgment and Decree 2

GRAND TOTAL 30 hours

Suggested Assessment/ Evaluation Methods

 Case and Open Problems,

You might also like