Annexure ‘CD – 01’

UTTAR PRAD E S H

FORMAT FOR COURSE CURRICULUM

Course Title: Course Title: Code of Civil Procedure

Course Code: LAW 314 L T P SW PSDA TOTAL
Credit Units: 4 CREDI
Level: UG T
UNITS

3 - - 2 1 4

Course Objectives:
To impart basic knowledge to the students of the difference between the civil laws and criminal laws by making them understand the key differences between
the methodology of both the streams of law. On understanding the same the students would be apprised of the key words used in civil laws for better
understanding of the subject. This course aims at making the students learn the procedure before the civil court and the mannerisms that needs to be followed in
the court. Further, the course also aims at inculcating ethical values in the students by making them learn about those areas which they need to bear in mind to
maintain legal propriety and ethics.

Pre-requisites:
a. The students should have the knowledge of substantive laws, where process of approaching the Court can be taught.
b. Continuous updation in terms of substantive and procedural laws as well as latest judicial pronouncements is desirable.
c. Student must be aware about various remedies available in civil law.

Course Contents/Syllabus:

Module I: Significant Terms and Definitions 25

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

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 25

Interim Orders - Commissions- O-26, Arrest before judgment-0-38, Attachment before judgment, Temporary
Injunctions, Interlocutory orders, Receiver, Security of costs. Appeal, Execution of Decrees.

Module IV Special Suits 25

Suits by or against Government, Suits by Indigent persons, Interpleader Suit, Summary Procedure, Suits relating to
public nuisance. ‘Suits by or against minors’

Course Learning Outcomes:

The outcomes for the course are that at the end the students will be able to:

a. Identify the procedural intricacies of civil laws

b. Understand the basic keywords used frequently in the civil courts such as plaint, written statement, summons, plaintiff, defendant, judgement, decree
and so on.
c. Apply the concepts of resjudicata, splitting of claims, adjournments etc. to arrive at judgment.
d. Analyze the jurisdiction of the various civil courts for adjudication of matter.
e. Evaluate the process of providing reliefs & analyze how far it can meet the needs of aggrieved party & provide them with legal aid.
f. Develop the capability for the correct interpretation & application of the procedural laws in the light of case laws so that the substantive laws may properly be
enforced.

Pedagogy for Course Delivery:

The course will be delivered through a combination of theoretical and exercise of drafting approach. An interactive session on how to draft a complaint
statement of claim, defence & reply shall be conducted. This course must be taught by a person who has been an advocate, as per the Bar Council of India
Inspection Manual, 2010.
 E- Content of every topic will be made available to students before lecture session.
 For course delivery, Lecture & Discussion based applications will be used in order to make students aware about the subject.
 The course is taught with the help of latest & landmark Judgments/ observations of the Apex Court.
 Special lectures are delivered by Industry experts to understand the practical aspects and application of Code of Civil Procedure.
  Project in the form of Content/ Case study for having a command on practical aspect also.
 PSD activities (in Group) are assigned for self work, field work and Practical training.

Professional Skill Development Activity

 Moot Court Problem.

 Legal Consultancy & Chamber practice for learning non-litigation practice of law.
 Visit to Civil Court for learning filing of suits.
 Supreme Court Case Discussions.

Lab/ Practicals details, if applicable: N/A

List of Experiments:

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

60%
40% NA

Theory Assessment (L&T):

Continuous Assessment / Internal Assessment (40%)

Components (Drop Class Test Project Viva PSDA Report Evaluation and Attendance Total
down) Submission Presentation End Term
Examination
(60%)

Linkage of PSDA Quality of project Viva Report Presentation

with Internal based on research Evaluation
Assessment conducted
Component, if any
Weightage (%) 10% 10% 5% 5% 5% 5% 60% 100%

Lab/ Practical/ Studio Assessment:N/A

Continuous Assessment/Internal Assessment End Term Examination

(____ %) (____ %)
Components (Drop down

Weightage (%)

TEXT

 Mulla’s Code of Civil Procedure, Universal, Delhi

• C.K. Thakkar’s (Takwani) Code of Civil Procedure
• Majumdar, P.K. and Kataria, R.P., Commentary on the Code of Civil Procedure, 1908, universal, Delhi.
• AIR Manuals
• Code of Civil Procedure, 1908 (Amendment) Act, 22 of 2002
• M.R. Mallick, B.B. Mitra The Limitation Act,, 1963 (22nd ed., 2011)
• K. Shanmukham, Sanjiva Row’s The Limitation Act (9th ed., 2000)

LIST OF CASES

1. Gundaji Satwaji Shinde v. Ram Chandra Bhikaji Joshi, AIR 1979 SC 653
2. C.A. Balakrishnan v. Commissioner Corporation of Madras, AIR 2003 Mad. 170
3. Chunilal V. Mehta v. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC1314
4. Gill & Co. v. Bimla Kumari, 1986 RLR 370
5. Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287
6. Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961 S.C. 882
7. Jai Jai Ram Manohar Lal v. National Building Material Supply Co., AIR 1969 S.C. 1267
8. M/s Ganesh Trading Co. v. Moji Ram, AIR 1978 SC 484
9. Dalip Kaur v. Major Singh, AIR 1996 P & H 107
10. B.K. Narayana Pillai v. Parameswaran Pillai, (2000) 1 SCC 712
11. Saleem Bhai v. State of Maharashtra, AIR 2003 SC 759
12. Sangram Singh v. Election Tribunal, AIR 1955 SC 425
13. Bhanu Kumar Jain v. Archana Kumar, AIR 2005 SC 626
14. Santosh Kumar v. Bhai Mool Singh, AIR 1958 S.C. 321
15. ONGC Ltd. v. State Bank of India, AIR 2000 SC 2548
16. Monohar Lal v. Seth Hira Lal AIR 1962 SC 527
17. Dalpat Kaur v. Prahlad Singh, AIR 1993 SC 276
18. R.B. Policies At Lloyd’s v. Butler (1949) 2 All ER 226
19. Union of India v. West Coast Paper Mills Ltd. AIR 2004 SC 1596 127
20. Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815

NOTE: The cases above are not exhaustive.

 Mapping Continuous Evaluation Components/PSDA with CLOs

Bloom’s Level Remembering Understanding Applying Analysing Evaluating Creating

>

Course CLO1 CLO2 CLO3 CLO4 CLO5 CLO 6

Learning
Outcom
es Develop the capability for
Identify the procedural Understand the basic Apply the Analyze the Evaluate the
the correct interpretation
intricacies of civil laws. key words used concepts of jurisdiction process of
& application of the
frequently in the civil resjudicata, of the providing reliefs &
procedural laws in the
courts such as plaint, splitting of various civil analyze how far it light of case laws so that
written statement, claims, courts for can meet the needs the substantive laws may,
Assessment
summons, plaintiff, adjournments adjudication of aggrieved party properly be enforced
type/PSDA
defendant, judgement, etc. to arrive at of matter & provide them
decree and so on. judgment. with legal aid.

Class Test    

Project    
Submission

Viva    

PSDA(Group    
Presentation)

PSDA(Group      
Assignment)