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Annexure CD 01

COURSE CURRICULUM AFTER INCORPORATING AAB SUGGESTIONS

Course Title:

Code of Civil Procedure

Course Code:
Credit Units:

L T

P/
S

SW/
FW

LAW 310

TOTAL
CREDIT
UNITS
4

04

Course Objectives:
The present course intends at acquainting the students with the practice, procedure & machinery of the civil courts for the enforcement of
substantive rights & duties thereof, as it is the adjective or procedural law which puts life into substantive law by providing a remedy.

Pre-requisites:
Student should have basic awareness of the existing structure of the machinery of the Civil Courts in the Districts

Student Learning Outcomes:


1.
2.
3.
4.

Analyze the procedural intricacies of adjective civil laws.


Apply the ways to initiate the machinery of civil courts by the institution of suits.
Compare the procedural & substantive laws, maintaining an analogy with other special Acts prescribing special procedures.
Develop the capability for the correct interpretation & application of the parliamentary enactment. with regard to civil procedural laws in the light of
case laws so that the substantive laws may, properly be enforced.

Course Contents/Syllabus:
Weightage (%)

Module I: Significant Terms and Definitions

25%

Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mesne, Profits, Affidavit, Suit, Plaint,
Written Statement, Suit of civil nature; Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat,
Inherent powers of courts. Concept of limitation in Civil Suits.

Module II: Initial steps for institution of civil proceedings


25%

Jurisdiction and place of suing; Institution of suit, cause of action, joinder, non-joinder and mis-joinder of
parties; Summons; Pleadings: Meaning, object, General rules, Amendment of pleadings; Plaint and written
statement: Particulars, set off and counter claim; Admission return and rejection; Discovery, Inspection and
production of documents; Appearance and non-appearance of parties, ex-parte proceedings; First hearing:
Meaning, object, framing of issues, omission to frame issues, disposal of suit in the first hearing; Trial:
Summoning and attendance of witnesses, summons to produce documents, adjournment, hearing of suit

Module III: Execution of Decree and Interim Orders


Commissions, Arrest before judgment, Attachment before judgment, Temporary Injunctions, Interlocutory orders,
Receiver, Security of costs, Execution of Decrees.

25%
Module IV: Special Suits
Suits by or against Government, Suits by Indigent persons, Interpleader Suit, Summary Procedure, Suits relating to
public nuisance. Suits by or against minors

25%

Pedagogy for Course Delivery:


The class will be taught with the help of latest & landmark Judgments of the Apex Court & must be taught by a person who has practiced as an
advocate or has been an Advocate as prescribed Bar Council of India Rules & Inspection Manual,2010.

Assessment/ Examination Scheme:


Theory L/T (%)

Lab/Practical/Studio (%)

100

Total (%)
100

Theory Assessment (L&T):


Continuous Assessment/Internal Assessment
Components
(Drop down)

End Term
Examination

Project and
viva

Class Test

Internship

Attendance

10%

10%

5%

5%

Weightage (%)

Lab/ Practical/ Studio Assessment:

NOT APPLICABLE

Continuous Assessment/Internal Assessment


Components
(Drop down
Weightage (%)

Text and References:

70%

End Term
Examination

Mullas Code of Civil Procedure, Universal, Delhi


C.K. Thakkars (Takwani), Code of Civil Procedure
Majumdar, P.K. and Kataria, R.P., Commentary on the Code of Civil Procedure, 1908, universal, Delhi.
Bare Act: Code of Civil Procedure, 1908 with amendments.
Relevant Reports of Law Commissions.