Course Manual

Civil Procedure Code

Spring 2024 (Semester A)
LLB
Course Coordinator

Suvrajyoti Gupta

Course Instructors

Gaurav Pathak
Yashmita Bhalla
Swati Singh
PART I
Information on the course on Civil Procedure offered by Jindal Global Law School

The following information is provided by the course coordinator. The following information
contains the official record of the details of the course.

Course Title: Civil Procedure Code

Course Duration: One Semester

Medium of Instruction: English

Pre-requisites: None

Pre-cursors: None

Equivalent Courses: None

Exclusive Courses: None

The above information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst other students.

2
PART II
A. COURSE DESCRIPTION
Civil procedure concerns society’s non-criminal process for submitting and resolving factual
and legal disputes over the rights and duties recognized by substantive law. Civil procedure,
while widely regarded as a set of rules that governs the practice of the system of civil litigation,
is at its core, an important body of law governing access to justice. While procedural law often
claims to be divorced in content from the laws that govern the ‘substantive’ legal obligations of
individuals, it is often inextricably intertwined with it. The rules of civil procedure do not just
govern the methods of asserting claims before the courts but significantly impact the nature of
outcomes. Studying civil procedure, therefore, requires a continuous engagement with the
substantive body of civil laws, including, most importantly, the laws of tort, property and
contract. This course will, therefore, introduce students to a mix of rules enabling the filing of
cases, taking of evidence, and recourse to interim relief and execution, while enabling them to
develop a critique from the point of view of efficiency, effectiveness and distribution of the
‘entitlement’ to access the system of courts.

B. INTENDED LEARNING OUTCOMES

It is expected that at the end of the course, every student would:

 have acquired an understanding of the historical development of rules of civil procedure

 be well-versed with the principal elements of the civil litigation process in India
 be able to analyze legal problems and identify effective procedural approaches towards
resolving those problems in light of legal precedents, procedural rules, and relevant
statutes
 be able to appreciate the goals underlying the choice of procedural options and the
significance of options for achieving often-conflicting objectives
 have developed the critical ability to analyze procedural rules from a gamut of social
science perspectives, including law and economics, with a view to appreciating efficiency,
cost-effectiveness and questions of access to justice.

C. EVALUATION METHODS AND GRADING CRITERIA

Students’ grades in this course will be based on external as well as internal assessments. The
weightage for grading for this course is classified as follows: 1

 50% - External Assessment (end-term examination)

 50% - Internal Assessment (attendance, class participation, and/or assignments at the
discretion of the course instructor)
1
Subject to further directions from the administration owing to the COVID-19 Pandemic

3
 The end-term examination may consist of a 3-hour written examination with limited access
to materials. During the end term exam, students will be permitted limited access 2 to written
materials. More details on permitted materials shall be given by the course instructor during
the semester

The internal assessment components may be based on class performance 3, class tests, and/or
written assignments.

Attendance: Regular class attendance is required by the school’s academic rules and, in any
case, is essential to a coherent understanding of the course. Class participation:4 Marks for
class participation shall take into account students’ preparedness with the assigned reading
material, timely submissions of assignments and analytical ability shown by the students
during class discussions and their engagement with class lectures.

Note on Academic Integrity: Academic dishonesty, like other forms of dishonesty, is

misrepresentation with intent to deceive or without regard to the source or the accuracy of
statements or findings. Academic dishonesty, in whatever form, is ultimately destructive of
the values of the University. It is further unfair and discouraging to the majority of students
who pursue their studies honestly. Scholarly integrity is required of all members of the
University. All students have the responsibility to ensure that they are familiar with generally
accepted standards and requirements of academic honesty. Plagiarism in any form during the
mid-semester tests, end-term examinations, and written assignments will invite the strictest
penalty. Subject to the decision of the University administration, the course instructor will
recommend the issuing of a ‘fail’ grade for the entire course for anyone found using unfair
means in even a single instance. The course instructor may, discretionarily, impose a lower
sanction, which will include, at least, a forfeiture of the entire score for the concerned
test/assignment.

2
See note 1
3
Subject to the mode of instruction and discretion of the course instructors
4
Subject to the class policy of the course instructor

4
Students’ achievements would be graded as per the following schedule:

Letter Grade Grade Value Total Course Marks Grade Definitions and Explanation
O 8 80 and Above Sound knowledge of the subject matter,
excellent organizational capacity, ability to
synthesize ideas, rules, and principles,
critically analyze existing, materials and
originality in thinking and presentation.
A+ 7.5 75 to 79 Sound knowledge of the subject matter,
thorough understanding of issues, ability to
synthesize ideas, rules and principles and
critical and analytical ability.
A 7 70 to 74 Good understanding of the subject matter,
ability to identify and provide balanced
solutions to problems and good critical and
analytical skills.
A- 6 65 to 69 Adequate knowledge of the subject matter
to go to the next level of study and
reasonable critical and analytical skills.
B+ 5 60 to 64 Decent knowledge of the subject matter but
average critical and analytical skills.
B 4 55 to 59 Limited knowledge of the subject matter,
irrelevant use of materials, and poor critical
and analytical skills.
B- 3 50 to 54 Poor comprehension of the subject matter,
poor critical and analytical skills and
marginal use of relevant materials.
Obtaining this grade will require the student
to repeat the course.
F 0 Below 50 None of the above.

5
PART III
D. KEYWORDS
Access to Justice, Law, Economics, Procedure, Order, Decree, Jurisdiction, Suits, joinder of
parties and claims, Summons, Amendment, Appeals, Revision, Res judicata, Pleadings,
Inherent Powers of Court, Notice, Suit, Interlocutory Order, Injunctions and Interlocutory
Orders, Revision, Review, Caveat, Complaint, Appeal, Limitation, Execution, Summary
Procedure, Discovery and Inspection.

E. READINGS
During the course, students shall be required to consult the following bare acts:

 The Code of Civil Procedure 1908 as amended to date

 The Limitation Act 1963
 The Commercial Courts Act 2015

Books & Materials:

The textbook that will be used for this course is C. K. Takwani, Civil Procedure with
Limitation Act 1963 and Commerical Courts (9 th Edition). Students also need to obtain
bare acts of the Code of Civil Procedure 1908 (as amended to date). Note that a textbook is
of marginal utility in teaching civil procedure, and a wealth of material is contained in
reported decisions from various courts in India. It is often better to read decisions directly
rather than through secondary references. A list of cases for each topic will be circulated
during the semester and students must read the reports carefully.

In addition, students are encouraged to consult the following books:

 Prasad & Mohan (ed.) Mulla’s Code of Civil Procedure (18th ed., 2013), Lexis Nexis,
Delhi
 Sarkar’s Law of Civil Procedure, 2 vols. (11th ed., 2007) Wadhwa, Delhi.

F. CLASS FORMAT
The class shall proceed by way of lectures and in-class discussions. The lectures will cover
between one and two topics each week. The lecture program given below is only indicative
and may be suitably modified as the course progresses. After each week, the course instructor
will tell students how far ahead to read the required readings for the next week. The course
instructor may assign readings in advance. Students are expected to attend all classes and
complete all the required readings. Advance preparation is essential for productive in-class

6
 interactions. If you are unable to attend a class or to complete one of the reading assignments
before the class session, you should contact the course instructor in advance.

Students are expected to prepare for and participate in class assignments regularly as the
same shall be crucial for their internal assessment.

G. CONTACT INFORMATION AND OFFICE HOURS

If a student is unable to resolve any difficulty that they may have with the material on their
own or with their colleagues, they should not hesitate to arrange an appointment with the
course instructor during their office hours to discuss the issues in person. It is best to deal
with issues as they arise, rather than “saving” them until the end of term when they may
begin to feel somewhat overwhelming.

JGU Email: [email protected]

7
PART IV

H. LECTURE PROGRAMME

Teaching Week Lecture Topic

1 Introduction
2&3 Jurisdiction
4 Institution of Suit
5&6 Pleadings
7 Appearance of Parties
8 Interim Relief
9&10 Judgment, Decree,
11 Execution of the Decree/Order
12 Appeals
13 Reference, Review, Revision
14 Law of Limitation; Commercial Courts
15 Review week

I. WEEK-WISE BREAK UP, KEYWORD SYLLABUS & READINGS

WEEK 1
Introduction and Concepts
 Civil and commercial court systems and tribunals: structure and functions
 Definition clause, generally (the particulars will be revisited when the concept comes up)
Case laws: -

1. Kandla Export Corporation & Ors. vs OCI Corporation (2018)14SCC715

2. Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP and Ors. 2019(13)
SCALE575

8
WEEKS 2 & 3
Jurisdiction
 Jurisdiction of civil courts - territorial, subject matter, and pecuniary.
 Res sub-judice, res judicata, and constructive res judicata
Preliminary Jurisdiction
 Kiran Singh & Ors v Chaman Paswan 1954 AIR 340 : 1955 SCR 117
Territorial Jurisdiction
 Khandesh Spinning & Weaving v Mool Jaith & Co 1948 (50) BOM LR 49
 Harshad Chimmanlal Modi v DLF Universal (2005) 7 SCC 791 (Immovable Property)
 Swastik Gases v IOCL (2013) 9 SCC 32
 Adcon Electronics Pvt Ltd v Daulat AIR 2001 SC 3712: (2001) 7 SCC 698 (Suit for
Land)
Scope of Section 9 - Civil Nature
 Horil v Keshav & Anr (2012) 5 SCC 525
 Most. Rev. P.M.A. Metropolitan v. Moran Mar Marthoma & Anr 1995 SCC Supl. (4) 286
Subject Matter Jurisdiction
 Dhulabhai v State of M.P. (1968) 3 SCR 662
Objections to Jurisdiction
 Hiralal v Kalinath (1962) 2 SCR 747
Res sub-judice, res judicata
 Hope Plantations Ltd vs Taluk Land Board Peermade & Anr 1999 (5) SCC 590,
 Aspi Jal v Khusboo Rustom (2013) 4 SCC 333
 Daryao v State of U.P. AIR 1961 SC 1457
 Modi Entertainment v WSG Cricket (2003) 4 SCC 341
 Indian Bank v Maharashtra State Co-Operative Marketing Federation Ltd (1985) 5 SCC
69

9
WEEK 4
Institution of Suit (Orders I, II, III, IV, V)
 Parties to a suit; representative suit; joinder of parties; mis-joinder and non-joinder
o Mumbai International Airport v Regency Convention (2010) 7 SCC 417
o Pramod P. Shah v Ratan N Tata (2017) SCC OnLine Bom 5269
 Frame of suit; institution of suit; service of summons; agents and pleaders
o Inbasagaran v S. Natarajan (2015) 11 SCC 12
o Gurbux Singh v Bhooralal 1964 AIR 1810 : 1964 SCR (7) 831

WEEKS 5 & 6
Pleadings (Orders VI, VII, VIII)
 Pleading: meaning, object, basic rules of pleadings, alternative and inconsistent
pleadings, amendment of pleadings
 Plaint: particulars, admission, return, and rejection
 Written Statement: particulars, rules of evidence
 Set-off and counter-claim
 Compulsory Readings
o B.K. Narayana Pillai v Paremswaran (2000) 1 SCC 712
o Rajesh Kumar Aggarwal v KK Modi (2006) 4 SCC 385
o T Arivandanam v T.V. Satyapal (1977) 4 SCC 467
o P.V. Gururaj Reddy v P. Neeradha Reddy (2015) 8 SCC 331

WEEK 7
Appearance, Examination, Discovery (Order IX, Order XIV)
 Framing of issues, appearance of parties, consequences of non-appearance
 Ex-parte procedure

WEEK 8
Interim Relief
 Attachment before judgement, temporary injunctions, receiver, adjournment

10
  Compulsory Readings
o Gujarat Bottling Company Limited v Coca-Cola (1995) 5 SCC 545
o Wander v Antox India Pvt Ltd (1990) Supp SCC 727

WEEK 9 & 10
Judgement, Decree, Costs, Interests, etc.
 Judgement and decree
 Money reliefs, specific relief, specific reference to the Specific Relief Act vis-à-vis
concepts of mandatory injunctions, permanent injunctions and declarations; costs;
interests5
 Compulsory Readings
o Satnam Singh & Ors v Surnder Kaur & Anr (2009) 2SCC 562

5
These are non-mandatory parts of the syllabus and are subject to the course instructor’s discretion.

11
WEEK 11
Appeals (Sections 96-109 and 151; Orders XLI, XLIII, XLV)
 Appeals from (i) original decree (ii) orders (iii) appellate decree
 Second Appeal
 Appeal to the Supreme Court
 Inherent powers of the court
 Compulsory Readings
o Kunhayammed v State of Kerala 2000 (3) KLT354
o A Andisamy Chettiar v A Subburaj Chettiar (2015) 17 SCC 713
o Santosh Hazari v Purushottam Tiwari (2001) 3 SCC 179

WEEK 12
Reference, review, revision (Sections 113-115; Orders XLVI, XLVII)
 Municipal Corporation of City v Shiv Shankar Gauri Shankar Mehta (1998) 9 SCC 197

WEEK 13
Execution of the Decree/Order (Sections 36-74, Order XXI)
 General principles, modes of execution, arrest and detention
 Attachment, sale, and delivery of property
 Compulsory Readings
o Harnandrai Badridas v Debidutt Bhagwati Prasad 1973 AIR 2423 : 1974 SCR
(1) 210 : (1973) 2 SCC 469
WEEK 14
Law of Limitation

WEEK 15
Review Week

12