Civil Procedure Code - II

Course Title: Code of Civil Procedure - II and Limitation Act

Course Code: BALLB - 802

Semester: Eighth

Credits: 4

Medium of Instruction/Assessment: English

COURSE OBJECTIVES:

The Black’s Law Dictionary defines a Civil Procedure as “A body of law concerned with the
methods, procedures and practices used in civil litigation.” The objective of our course is to
enhance the expertise and proficiency of students with the rules and regulations pertaining to the
procedure of the courts of Civil Jurisdiction. C.P.C – II is extension of CPC-I which has covered
in detail all the fundamental concepts of Civil Procedure Code. C.P.C -II is to introduce students
to the rules of pleadings in civil matters. It also equips students with the knowledge of different
stages in a civil proceeding and the procedure at each of these stages. Students are introduced to
the execution proceedings and with remedies available to a party aggrieved by the order of a court.
It also seeks to make the students aware of some special suits and miscellaneous matters such as
inter-pleader suits, caveats, inherent powers of the courts, etc. It also endows the students with the
knowledge of the important provisions of Limitation Act.

Course Learning Outcomes: On completion of the course students will acquaint expert
knowledge to –

1. Understand the fundamentals of pleadings and institution of suit.

2. Understand the rules of appearance, trial and examination.
3. Describe the rules of execution, appealand apply them correctly.
4. Recognise different kinds of special suits.
5. Apply the provisions of Limitation Act appropriately.
Assessment and Evaluation:

The course has a weightage of 100 marks. 75 % of the marks will be covered by the End
Semester Examination; while as 25 % will constitute internal assessment to be done by the
concerned instructor.

(A) End Semester Examination: There will be ten questions in the Question paper with two
from each unit. Students will have to answer five questions in all selecting one from each
unit.
(B) Internal Assessment: A student will be assessed and evaluated by the concerned teacher
during the entire semester at regular intervals. This will be done by employing a wide range
of methods including written tests, tutorials, term paper writing, presentations etc.
Attendance of the students will also form a part of the internal assessment.

Course Outline
The course is based on five units.

Unit I: PLEADINGS &SUITS 15 HRS

• Rules of pleading, signing and verification, Alternative pleadings, Construction of

pleadings
• Plaint: particulars, Admission, return and rejection.
• Written statement: particulars, rules of evidence
• Discovery, inspection and production of documents, Interrogatories, Privileged documents
• Affidavits
• Bar to further suit (Sec.12)
• Place of Suing (Sec.15 to23) &Suits and their institution (Sec. 26 Order 4 to 7)
• Final hearing of the suit, examination of witnesses, production and recording of oral
and documentary evidences (Order 18)
• Adjournments (Order 17) and Costs (Ss. 35,35A,35B)
• Summary Suits (Order 37)
Unit II: APPEARANCE, EXAMINATION, TRIAL 15 Hrs.

• Appearance, Ex-parte procedure

• Summary trail and attendance of witnesses
• Interim orders: commission, arrest or attachment before judgement, injunction
• Interests
• Transfer of Cases
• Restitution, Caveat
• Inherent powers of courts
• Representative suit (Order 1 rule 8)
• Suits by or against minors (Order 32)
• Suits by Indigent Persons (Order 33)
• Suit by or against the Government (Ss. 79, 80 and Order 27)
• Appointment of Receiver (Order 40)

UNIT III: EXECUTION, APPEALS, REFERENCE AND REVISION 15 Hrs

• General principles of execution (ss.52.54), Power for execution of decrees.
• Procedure for execution (ss.51.54)
• Arrest and detection (ss.55.59 ).
• Attachment (ss.60-64).
• Sale (ss.65-67), Delivery of property
• Appeals from original decree.
• Appeals from appellate decree & Appeals from orders
• General Provisions relating to appeal
• Appeal to the Supreme Court
• Reference
• Review
• Revision
UNIT VI: SUITS IN PARTICULAR CASES 7 Hrs.

• By aliens and by or against foreign rulers or ambassadors

• Public nuisance
• Suits by or against firm
• Interpleader suits
• Suits relating to public charities

Unit V: LAW OF LIMITATION 8 Hrs.

• Introduction of Law of Limitation

• Limitation of Suits, Appeals and Applications
• Effect of expiry of limitation dismissal of suit, appeal and application
• Extension of Limitation
• Exclusion of time of limitation& Suspension of period of limitation
• Effect of Fraud or mistake/Effect of Acknowledgment, effect of payment
• Any suit for which no limitation is provided elsewhere
• Limitation where no period is prescribed
• Legal Disability
• Laches in Writ proceedings
• Law of Prescription

SUGGESTED READINGS

1. Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 1999.

2. Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.

3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 1998.

4. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure, 1908.
New Delhi: Universal Publishing Co., 1998.

5. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.

6. Sarkar's Law of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
7. Universal's Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.