Professional Documents
Culture Documents
of
for
Semester VI
Compiled By :
Mr. Gautam Gupta
Course Teacher
Table of Contents
3. Syllabus
4. Teaching Plan
5. Reference Material
6. List of Assignments/Projects
7. Important Instructions
2.0 Preface/Outline of the Subject
As it is procedural law which puts life into the substantive law by providing a remedy and
justifies the well-known maxim ubi jus ibi remedium that is where there is a right there is a
remedy, it is extremely important to make the students understand the procedural aspects of
the civil law. Be it a matter of contract, property, family dispute or any dispute of civil nature,
the procedure followed by the Indian courts would be the Code of Civil procedure.
The subject Civil Procedure Code and Law of Limitation is divided into two semester and in
this semester the course is designed to acquaint the students with the structure of the civil
judiciary, its powers and jurisdiction, and the significance of various procedural steps stipulated
for trial of civil litigation. The goal of "fair trial" and its structure in adversarial proceedings
will be examined in this course. The nature and significance of pleadings and practical aspects
relating to it are studied. Access to justice particularly for the poor is examined in detail.
This course will pursue civil litigation through appellate courts examining the corrective steps
available in civil proceedings. Appellate litigation strategies and choice of grounds for
appellate / revision petitions are studied in the context of provisions of the C.P.C. and rules of
civil practice. Drafting exercises will form a major part of the course.
➢ To evaluate and debate the legal principles of substantive and procedural civil law in
view of factual situations.
4.0 Syllabus
Module I:
AN INTRODUCTION TO THE CODE OF CIVIL PROCEDURE AND SUIT OF CIVIL
NATURE
➢ History of the Code, extent and its application,
➢ Elements of Civil Suit, Definitions
➢ Suit of a civil nature, Jurisdiction of Civil Courts and Kinds of jurisdictions
➢ Res Subjudice S. 10, Res judicata S.11
➢ Place of Suing
Module II:
FOREIGN JUDGMENT & PLEADINGS
➢ Foreign Judgments
➢ Institution of suits
➢ Parties to the suit, Joinder of parties, Joinder of Cause of action
➢ Fundamental rules of pleadings, Plaint and Written Statement, Set off, Counter claim,
➢ Appearance and Non-appearance of parties,
MODULE III:
APPEARANCE AND EXAMINATION OF PARTIES:
➢ First hearing and framing of issues
➢ Admission and affidavit
➢ Adjournment, Death, marriage, Insolvency of the parties
➢ Withdrawal and compromise of suits
➢ Judgment and Decree
MODULE IV:
APPEAL, REFERENCE, REVISION & PARTICULAR SUITS
➢ Appeal, Reference, Revision and Review
➢ Suit by or against government, Suit by or against Minors,
➢ Suit by an Indigent person
➢ Interpleader Suit,
➢ Summary Suit
MODULE V:
EXECUTION & SPECIAL PROCEEDINGS
➢ General principle of execution,
➢ Power of executing court,
➢ Transfer of decrees for execution,
➢ Mode of execution
➢ Settlement of disputes outside court, Public Nuisance
5.1.2 Books
Text Books
Reference Books
• The Code of Civil Procedure, Justice CK Thakkar, , Esatern Book Company.
• Code of Civil Procedure, Dr. Avtar Singh, Central Law Publication
• The Code of Civil Procedure, M.P. Jain, Lexis Nexis.
• The Code of Civil Procedure, TP Tripathi, Allahabad Law Agency.
• Code of civil procedure, P.C. Sarkar, Edition, Lexis Nexis
5.1.3 Judgments