The National Law Institute University, Bhopal

b. a. ll. b. (Hons.)
Academic Year 2023 – 24
V Semester
CIVIL PROCEDURE CODE
Syllabus

Course Teacher: AMIT PRATAP SINGH

*****

INTRODUCTION

Civil Procedure Code, the course, is about learning the procedure of adjudication of civil disputes
as enshrined under the Civil Procedure Code, 1908 (Act No. V of 1908). The Civil Procedure
Code, 1908 mainly lays down the procedure to be adopted in civil courts, and its principles may
be applicable in other courts like writ courts, and tribunals to the extent the enactments establishing
the Tribunal provide for it. It provides for a fair procedure for the redressal of disputes. The other
party may know what is the dispute about, what defence it can take, and how both parties may
proceed to prove their respective cases. Some of its provisions are substantive in nature and not
procedural at all like Sections 96, 100, 114, and 115 providing for a right of appeal, review, and
revision. The other provisions are generally procedural in nature. The purpose of the Civil
Procedure Code, 1908 is to provide a litigant a fair trial in accordance with the accepted principles
of natural justice. The Code is mainly divided into two parts, namely, Sections and Orders. While
the main principles are contained in the Sections, the detailed procedures with regard to the matters
dealt with by the Sections have been specified in the Orders. Section 122 of the Code empowers
the High Court to amend the Rules, i.e., the procedure laid down in the Orders and every High
Court had amended the procedure from time to time making the amendments in the said Orders.
The Code is a codification of the principles of natural justice. Natural justice means ‘justice to be
done naturally’ which is adopted naturally by the habits of every individual. It does not mean
godly-justice or justice of nature. It simply means an inbuilt habit of a person to do justice. For
example, if a child of 1,1/2 years breaks the saucer, the mother of the child may slap him being
furious, but at the time of slapping, she would repeatedly ask him why he has broken the saucer,
though she knows that the child has not started speaking. As these principles are an inbuilt-habit
of everyone to ask others for furnishing the explanation of anything done by them, the same are
known as ‘principles of natural justice’. The two words are repeated every day in the courts-
‘justice’ and ‘law’. Justice is an illusion as the meaning and definition of ‘justice’ varies from

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person to person and party to party. Parties feel that they have got justice only and only if the case
succeeds before the court, though it may not have a justifiable claim.

Under the Civil Procedure Code, 1908, courts are there to settle disputes between individual
persons and to declare and establish their rights regarding the matters in dispute. So whenever
persons fail to solve a dispute among themselves, they can approach the Court by filing a suit. It
is called the institution of suit. There are various categories of Courts. All categories can be
classified under Courts of First instance and appellate Courts. As per Section 15 of the Civil
Procedure Code, 1908, every suit shall be instituted in the Court of the lowest grade competent to
try it. Every Court has specific pecuniary and territorial jurisdiction. So, we cannot file suits as per
our convenience. Rules regarding filing of suits are guided by various provisions of the Civil
Procedure Code, 1908. Civil cases, start with the institution of the case by one party against another
party and the competent court decides the rights and liabilities of the parties. Word 'party' in a suit
means litigant. In other words, 'party' in this sense refers to a person who has part to play in the
proceeding of the suit. Order 1 of the Code of Civil Procedure, 1908 deals with the parties to the
suit and also contains provisions for addition, deletion and substitution of parties, joinder, non-
joinder and misjoinder of parties and objections to misjoinder and non-joinder.

As per the Civil Procedure Code, 1908, broadly, we may say that there are 18 stages of civil suit,
e.g., Presentation of Plaint, Service of Summons on Defendant, Appearance of Parties, Ex-parte
Decree, Interlocutory Proceedings, Filing of written statement by defendant, Production of
documents by parties (plaintiff and defendant), Examination of parties, Discovery and Inspection,
Admission, Framing of issues by the court, Summoning and Attendance of Witnesses, Hearing of
Suits and Examination of Witnesses, Argument, Judgment, Preparation of Decree, Appeal,
Review, Revision, and Execution of Decree. Many questions may prop up when one goes to
vindicate one’s civil rights. The court where the suit is to be filed, the essential forms and procedure
for institution of suit, the document in support and against, evidence taking and trial, dimensions
of an interim order, the peculiar nature of the suit, the complexities of executing a decree and
provision for appeal and revision are all matters which a lawyer for any side is to be familiar with.

This is a mandatory course as per Bar Council of India Regulations and we start the course by
exploring several of the conceptual themes arising within civil procedure. The initial theoretical
classes are more in the nature of “brainstorming” sessions – the idea is to throw up and play around
with all the interesting abstract premises that lie hidden (most of the time) in black-letter civil
procedure rules. Initial classes will be devised to draw the student out so that they interact with the
class - to break the ice as it were. The Socrates Method of dialectic shall be followed in the class
rather than the lecture method.

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Course objectives
The objectives of this course are to equip the students with the ability to learn and understand:

1. Historical development of Civil Procedure in India vis-à-vis the emergence of a formal

system of adjudication.

2. Procedures to be followed by the civil courts at the pre-trial, trial, post-trail stage of a suit
and application proceedings.

3. Computation of limitation period for the institution of suit, appeal, and applications along
with exclusion.

4. Basic nuances of court fees and computation of it.

5. Procedure pertaining to commercial courts and distinctive procedure thereof.

Learning Outcome

On the completion of this course, students are expected to:

1. State, explain, distinguish, and discuss civil adversarial adjudication.

2. Draft a plaint and written statement.

3. Raise a preliminary objection and defend it in any suit.

4. Compute limitation period for the institution of suit, appeal, and applications along with
exclusion, and also compute the court fees and valuation of the suit thereof.

5. Write and present quality research paper with proper citation.

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Course Outline

Unit- I: Introduction

Civil Procedure: Meaning, Historical Development – Suit of Civil Nature – Civil Procedure Code:
Commencement, Scope, and Scheme of the Code – Definitions: Decree, Judge, Judgement, Order,
Decree-Holder, Judgement Debtor, Foreign Court, Foreign Judgement, Legal Representative,
Mesne Profit, Public Officer, Affidavit, Appeal, Caveat, Cause of Action, Civil, Court, Defendant,
Execution, Issue, Jurisdiction, Plaint, Plaintiff – Res Judicata, Res Sub Judice – Suit, Summons,
and Written Statement.

UNIT II: COMMENCEMENT OF SUIT

Jurisdiction – Types of Jurisdiction – Lack of Jurisdiction – Place of Suing: Jurisdiction of Courts,

Forum Shopping, Bar of Suit – Institution of Suit – Essentials of a Suit: Parties & Cause of Action-
(Joinder, Non-Joinder, Mis- joinder), Striking Out, Adding and Substituting Parties, Transposition
of Parties – Representative Suit – Frame of Suit – Pleadings: Basic Rules, Forms of Pleading,
Amendment of Pleadings, Amendment after Commencement of Trial, Doctrine of Relation Back,
Failure to Amend – Plaint: Admission, Return and Rejection of Plaint, Agents and Pleaders –
Written Statement: Set Off, Counter Claim – Summons: Meaning, Object, Essentials, Form of
Summons, Appearance in Person, Exemption from Appearance in Person, Mode of Service of
Summons, Refusal of Summons, Objection as to Service of Summons – Appearance and Non
Appearance of Parties – Where Neither Party Appears, Where Summons is not Served, Ex-Parte
Decree, Dismissal for Default – Costs and Interest – Filing a Caveat.

UNIT III: Court Fees

Court Fees – ad valorem court fee – Computation of Court Fees – Refund of Fees – The Mode of
Leavying Fees – Process Fees.

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UNIT IV: law of limitation

Law of Limitation – Concept of Limitation – Object of Limitation – General Principles of

Limitation – Extension – Condonation of Delay – Sufficient Cause – Computation of Limitation
– Acknowledgment and Part-Payment – Legal Disability.

UNIT V: PRE-TRIAL

First Hearing: Meaning, Object, Alternative Dispute Resolution, Issues, Framing of Issues,
Preliminary Issue, Importance of Issues, Court’s Power and Duty as to Issues, Material for framing
Issues, Amendment of Issues, Omission to frame issues, Disposal of Suit – Discovery, Inspection
and Production of Documents – Interrogatories – Admissions – Production, Impounding and
Return of Documents – Affidavits – Incidental and Supplemental Proceedings: Payment in Court,
Security of Costs, Commissions, Arrest before Judgment, Attachment before Judgment,
Temporary Injunctions, Interlocutory orders, Receiver – Withdrawal and Compromise of Suits
(Order 23) – Death, Marriage, and Insolvency of Parties – Devolution of Interest.

UNIT Vi: SUITS IN PARTICULAR CASES

Suits by or against Government and Public Officer – Suits by Indigent Person – Suits by or against
Minors and Lunatics, Aliens and Foreign Rulers, Soldiers, Corporations, Firms, Trustees,
Executors and Administrators – Suits Relating to Family Matters, Mortgages, Public Nuisance and
Public Charities – Inter-pleader suits – Summary procedure –Transfer of cases, Inherent Powers
of Courts.

UNIT ViI: TRIAL

Summoning and Attendance of Witnesses: Attendance of Witnesses in Prison (Order 16 A) –

Summons to Produce Documents (Section 30) – Adjournments: General Rule, Discretion of the
Court – Hearing of Suit (Order 18) – Judgment and Decree – Interest (Section 34) and Costs
(Section 35, 35A, 35B, Order 20A).

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UNIT VIII: APPEAL, REFERENCE, REVIEW AND REVISION

General provisions relating to Appeals – First Appeal – Second Appeal – Appeals to the Supreme
Court – Appealable Orders – Reference – Review – Revision – Inherent Powers of Court –
Distinction between Appeal, Reference, Review, and Revision.

UNIT IX: EXECUTION

Meaning, Nature, Scope and Scheme of Execution – Courts Which May Execute – Procedure in
execution: Powers of the Transferor Court, Powers of the transferee court, Powers of Executing
Court – Application of Execution, Stay of Execution – Mode of Execution – Questions to be
Determined by the Executing Court, Adjudication of Claims.

UNIT X: Commercial Courts

Commercial Courts, Jurisdiction and Procedure – Specified Values and Institutional Mediation
and Settlement – Appellate Jurisdiction in Commercial Disputes – Special Provision for Bar
Against Revision of Interlocutory Orders.

Reading List

Essential Readings
1. Mulla, The Code of Civil Procedure (Gurugram, Lexis Nexis 2020).

2. M P Jain, The Code of Civil Procedure including Limitation Act, 1963, (Gurugram, Lexis
Nexis 2020).

Recommended Readings
1. D F Mulla & S. Kant, Key to Indian practice: a summary of the code of civil procedure
(Gurugram, Lexis Nexis 2016).

2. D V Chitaley & S. Appu Rao, The Code of Civil Procedure (Nagpur, The All India
Reporter Ltd 1963).

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3. P Tandon, Code of Civil Procedure (Allahabad, Allahabad Law Agency 2005).

4. Sudipto Sarkar & V R Manohar, Sarkar’s Code of Civil Procedure (Gurugram, LexisNexis
India 2016).

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