Maharashtra National Law University
Aurangabad,
India
Code of Civil Procedure and Law of Limitation
UNDER GRADUATE – VI SEMESTER
FACULTY
Mr. Vivek Wilson
Assistant Professor of Law, MNLU, Aurangabad
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COURSE OUTLINE
Objective of the Course:
The objective of the paper is to apprise the students with the basic understanding of Civil
Procedural law and familiarizing the students with the various stages through which a civil
case passes through, and the connected matters.
The Code of Civil Procedure plays a crucial and decisive role in the regular and efficient
adjudication of civil disputes. A Uniform procedure was proposed for application of a code of
fair, simple and uniform procedures, applicable to all the courts of the Country. Procedural
law is not only handmaiden of justice but plays important role in achieving justice then
substantive law. The statement that substantive law resides in the interstices of procedure
reflects this reality. Knowledge of procedural law is an essential tool in the armory of the
legal practitioner. For a successful litigation it is necessary to face all potential challenges of
procedural nature. The Limitation Act, 1963 is an adjective enactment and addresses a very
important aspect of civil law. It not only prescribes the limitation period for various legal
proceedings and enforcement of rights but also speaks of condonation procedures and
exclusion of time etc. Without studying the Law of Limitation any knowledge of the Civil
Procedures shall remain inchoate.
The main goal of the course is to insure a systematic knowledge (theoretical and practical) of
civil procedure law. Students have to acquire theoretical knowledge about civil procedure
(litigation, non-litigation and executive), its institutes, method, sources, rules (constitutional
and particularly for each of the proceedings), actions of the parties and the court, the science
of civil procedure law. In this way, this subject gives students the possibility to apply
knowledge in practice. Also, students have the possibility to estimate the role and place of
civil procedure law in the system of legal norms, especially in the relation of form-content.
One of the goals of the course is to enhance students’ knowledge about the Civil Procedure
Code, 1908 and other sources of this subject. Students have to acquire knowledge in
divergence and convergence of civil law and common law procedures.
Teaching Learning Methodology:
Students will learn through a combination of formal lectures, interactive class discussions,
and guided study. Student interaction and participation includes instructor-student discussions
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during lectures, group tasks and presentations. As learning is through the case law method,
student participation becomes important.
Instructor and students adopt the following learning methods:
• Lectures.
• Students read text and commentary on assigned topics as well as published research
articles before the lectures.
• Students read cases discussed in the text-books, as well as more detailed law reports
or online case digests and commentaries.
• Students participate in class discussions to crystallize the concepts.
Guided Study:
Guided study includes textual readings, review of articles on contemporary legal issues,
written assignments, and case analysis and class presentations.
Student Assessment:
Student performance is assessed on 100 marks, through their mid semester exam, end
semester exam and project submission. These exercises are marked by writing mid semester
of (25 marks), end semester of (50 marks), project submission of (20 marks) and project viva
of (5 marks).
*Students have to necessarily carry a copy of the Civil Procedure Code, 1908 and
Limitation Act, 1963, for their classes.
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PRESCRIBED LEGISLATIONS:
• Code of Civil Procedure, 1908 (Amendment) Act, 22 of 2002
PRESCRIBED BOOKS:
• C.K. Takwani ‘s Civil Procedure.
• AIR Manual of CPC
• B. M. Prasad & S. K. Sarvaria, Mulla’s Code of Civil Procedure (17th ed., 2007)
PRESCRIBED LEGISLATION:
1. The Limitation Act, 1963
PRESCRIBED BOOKS:
1. M.R. Mallick, B.B. Mitra The Limitation Act,, 1963 (22nd ed., 2011)
2. K. Shanmukham, Sanjiva Row’s The Limitation Act (9th ed., 2000)
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PART A -: CPC
• Module 1 : Preliminary and Definitions (section 1- 8)
• Module 2: Suits in General (Sections 9 to 14) read with Order
I,II,III,IV,VI,VII,VIII,IX,XIV,XVIII,XX &XXI.
1. Suits of civil nature
2. Res sub judice
3. Res judicata
4. Foreign judgments
• Module 3 : Jurisdiction of courts and Place of Suing (Sections 15 to 26), Section 26
read with Order IV
• Module 4: Summons, discovery and Judgments (Sections 27-35B), section 27-32read
with Order V, section 33 read with Order XX, section 35-35Bread with Order XX A
• Module 5: Execution (Section 36-74 read with Order XXI)
• Module 6: Incidental proceedings (Sections 75-78 read with order XXVI)
• Module 7 : Suits in particular case (Sections 79-88) read with Order XXVII-XXXV
• Module 8: Special Proceedings (Section 89-93) read with Order X & XXXVI &
Supplemental Proceedings (Section 94-95) read with Order XXXIX.
• Module 9 : Appeals (i) Appeals from Orders and Decrees, Second Appeal and Power
of Appellate Court (Sections 96- 112) and Production of additional evidence at
appellate stage; Order XLI-XLV
Reference – Section 113, Revision Section 115 and review Section 114 read with
Order XLVI- XLVII.
• Module 10: Special Provision related to High Court not being the Judicial
Commissioner, Rules and Miscellaneous (Section 116-158) read with Order XL.
PART B- : LIMITATION ACT
• Module 1: Limitation of Suits, Appeals and Applications (Sections 3-5)
(a) Effect of expiry of limitation – dismissal of suit, appeal, application (section 3)
(b) Extension of limitation (section 5)
• Module 2: Computation of Limitation (Sections 12, 17 to 19, 21)
(a) Exclusion of time (sections 12)
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(b) Effect of fraud or mistake (section 17), Effect of acknowledgment (section 18), effect
of payment (section 19) ,Effect of substituting or adding new plaintiff or defendant
(section 21)
Module 3: Acquisition of Ownership by Possession (Sections 25-27)
Module 4: The Schedule – Period of Limitation
(a) Article 113 – Any suit for which no period of limitation is provided elsewhere
(b) Article 137 – Limitation where no period is prescribed
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