Professional Documents
Culture Documents
Fall 2022
Course Coordinator
Eesha Mohapatra
Course Instructors
Aparna George
Avani Bansal
Eesha Mohapatra
Krusha Bhatt
Niharika Ahluwalia
Nishtha Khurana
Pragya Parijat
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Semester B
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.
Pre-requisites: Nil
Pre-cursors: Nil
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.
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PART II
A. COURSE DESCRIPTION
Civil procedure concerns the society’s noncriminal 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 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 govern not
just 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 filing of cases,
taking of evidence, 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.
students would be well versed with the principal elements of the civil litigation process in
India
students would be able to analyze legal problems and identify effective procedural
approach towards those problems in light of legal precedents, procedural rules, and
relevant statutes
students would be able to appreciate the goals underlying the choice of procedural
options and the significance of options for achieving often-conflicting objectives
students will 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.
Students’ grade in this course will be based on external (i.e. end term exam) as well as internal
assessment (i.e. attendance, class participation and assignments).
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The evaluation criteria for this coursework are classified as follows1:
50 % - End-term Examination
50% - Internal Assessment
The end-term examination may consist of a 3-hour written exam with limited access to materials.
Internal assessment shall be made on the basis of class performance 2, class-tests, and written
assignments.
During the end term exam, students will be permitted limited access 3 to written materials. More
details on permitted materials shall be given by the course instructor during the semester.
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 participation4: Marks for
Class participation shall take into account the students’ preparedness with assigned reading
material, timely submissions of assignments and analytical ability shown by the students during
class discussions and their engagement with class lectures.
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Subject to further directions owing to the Pandemic
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Subject to the mode of teaching and discretion of the Course Instructors
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See note 1
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Subject to the class policy of the Course Instructor
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Students’ achievements would be graded as per the following schedule:
Letter Grade Grade Value Total Course Marks Grade definitions and Explanation
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PART III
A. 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.
B. READING
During the course, students shall be required to consult following bare acts:
The textbook that will be used for this course is C.K.Takwani, Civil Procedure with Limitation
Act, 1963 (8th Ed. ). Students also need to obtain bare acts of the Code of Civil Procedure, 1908
(as amended by Act No. 4 of 2016). 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 threadbare than in secondary references. A list of cases
for each topic will be circulated during the course of the semester and students must read the
reports carefully.
Prasad & Mohan (ed.) Mulla’s Code of Civil Procedure (18 th 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. At the conclusion of each week, the course
instructor will tell students how far ahead to read in the required readings for the next week. The
Course Instructor may assign advance readings. Students are expected to attend all classes and to
complete all the required readings. Advance preparation is essential for productive in-class
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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 on a regular basis as the
same shall be crucial for their internal assessment.
If after trying to resolve any difficulty that students 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 his 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.
PART IV
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H. WEEK-WISE BREAKUP
Week 1
Civil Court, Commercial Court System and Tribunals: Structure and functions
Definition clause generally ( the particulars will have to be revisited when the concept
comes up)
Week 2 &3
Jurisdiction
Preliminary Jurisdiction
Kiran Singh And Others vs Chaman Paswan 1954 AIR 340, 1955 SCR 117
Territorial Jurisdiction:
Khandesh Spinning & Weaving v Mool Jaith & Co. 1948 (50) BOM LR 49
(suggested reading)
Harshad Chimmanlal Modi v. DLF Universal, 2005(7) SCC 791 (Immovable
property)
Swastik Gases v. IOCL, 2013(9) SCC 32
Suggested readings:
Hakkam Singh v. Gammon India, AIR 1971 SC 410 (additional suggested
reading)
ABC Laminart v. AP Agencies, Salem, (1989)2 SCC 163 (additional suggested
reading
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Nahar Industrial Enterprises Ltd. v. HSBC, (2009)8 SCC 646
Objections to Jurisdictions-
Suggested readings:
Adcon Electronics Pvt. Ltd vs Daulat AIR 2001 SC 3712, (2001) 7 SCC 698
Suggested readings:
Week 4
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Frame of suit; Institution of suit: Service of summons; agents and pleaders
Suggested readings:
Week 5 & 6
B.K. Narayana Pillai v. Paremswaran, (2000) 1 SCC 712; Rajesh Kumar Aggarwal v. KK Modi,
(2006) 4 SCC 385; T Arivandanam v T.V. Satyapal (1977) 4 SCC467;; Union of India v.
Agarwal Iron Industries, 2014(15) SCC 215; M/s SCG Contracts India Pvt. Ltd v. K.S.
Chamankar Infrastructure Pvt. Ltd & Ors. Civil Appeal No. 1638 of 2019
Suggested readings:
Salem Bar Association v. Union of India, (2005) 6 SCC 344: P.V. Gururaj Reddy v P.
Neeradha Reddy (2015)8 SCC 331
Week 7
Week 8
Interim Relief
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Attachment before Judgment; Temporary injunctions; Receiver; Adjournment
Gujarat Bottling Company Limited v Coca Cola, 1995 SCC (5) 545
Wander v Antox India (P) Ltd., (1990) Supp SCC 727
Week 9 & 10
Judgment; Decree; ( Money Reliefs; Specific Relief; specific reference to the Specific
Relief Act vis-à-vis concepts of Mandatory injunctions, Permanent injunctions and
Declarations; Costs ( judgments to be added); Interests) 5
Satnam Singh & Ors vs Surnder Kaur & Anr (2009) 2SCC 562
Shankar Balwant Lokhande vs Chandrakant Shankar Lokhande 1995 AIR 1211, 1995
SCC (3) 413
Week 11
Appeals (Orders XLI; XLII; XLIII; XLV) (Sections 96-109 and 151)
Appeals form original decree: Appeals from orders: Appeals form appellate decree: Second
Appeal: Appeal to Supreme Court: Inherent powers of Court
Suggested readings:
Week 12
Municipal Corporation of City v Shiv Shankar Gauri Shankar Mehta (1998) 9 SCC 197
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Non-mandatory Portions, subject to the Course Instructor’s Discretion
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Week 13
General principles: Modes of execution: Arrest and detention: Attachment: Sale: Delivery
of property
Harnandrai Badridas vs Debidutt Bhagwati Prasad 1973 AIR 2423, 1974 SCR (1) 210 &
(1973) 2 SCC 469
Kiran Singh And Others vs Chaman Paswan 1954 AIR 340, 1955 SCR 117
Suggested readings:
Merla Ramanna vs Nallaparaju 1956 AIR 87, 1955 SCR (2) 938
Dhurandhar Prasad Singh vs Jai Prakash University AIR 2001 SC 2552
Week 14
Kandla Export Corporation & Ors. V. OCI Corporation (2018) 4 SCC 715 (suggested
reading)
Ambalal Sarabhai Enterprises Ltd. v. L.S. Infraspace LLP & Ors 2019(13) SCALE 575
(suggested reading)
Week 15
Review Week
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