Civil Procedural Law and Limitation

Course Code: SLL 3241 Credits: 04

The Code of Civil Procedure, 1908 (CPC) is deemed to be one of the primary procedural
laws in India which is intending solely for the purpose of regulating the civil court procedure.
This course is designed to acquaint the students with the various stages through which a civil
case passes through, and the connected matters including Limitation Act, 1963.
Objectives:
 To familiarize the students with the concept of procedure followed in civil matters
and due execution of orders and decrees passed by the Courts in the Indian judicial
system.
 Analytical study of judicial decisions defining and interpreting various provisions of
laws

Learning Outcomes:
At the end of this course the students will be able to:
1. To understand the function of Civil Procedural Law and Limitation in which the legal
rights and legal duties may be enforced or recognized by a court of Law.
2. Sketch out procedure in different kinds of civil suits and Limitation Laws regulating
such period within which a suit of civil nature is to be filed in the court of Law.
3. Apply the knowledge of legal provisions to hypothetical fact and analyze them to
draw conclusions.
4. Critically examine different case studies relating to civil matters and understand the
procedure attached to such complications.

Scheme:
This course is comprised of about 40 lectures of one-hour duration divided into four units
with 8-10 lectures in each unit.

Course Contents:

UNIT-I:INTRODUCTION (8 Lectures)
 Definitions: Decree, Judgment, Order, Suit, Plaint, Written Statement, Foreign
Judgement
 Principle of Res subjudice and Res judicata
 Settlement of Dispute: ADR as a mode of settlement(Section 89)

UNIT II: STEPS IN FILING CIVIL SUIT (10 Lectures)

a) Place of Suing
 b) Power to Transfer Suits
c) Pleadings: General Rules
d) Plaint and Written Statement
e) Appearance and non-appearance of parties
f) Interest and Cost

UNIT III: EXECUTIONS (8 Lectures)

a) Courts by which decree may be executed
b) Payment under decree
c) Application for Execution
d) Mode of Execution
e) Stay of Execution

UNIT-IV:POST-FILING PROCEDURES (8 Lectures)

a) Appeals from Original Decrees
b) Appeals from Appellate Decrees
c) Appeals to Supreme Court
d) Reference (Section 113)
e) Review (Section 114)
f) Revision (Section 115)

UNIT V: SPECIAL SUITS (6 Lectures)

a) Suits by or against Government (Sections 79, 80)
b) Suits by Indigent persons
c) Interpleader Suit
d) Summary Procedure
e) Suits relating to public nuisance
f) Inherent Powers of Court

UNIT-VI:THE LIMITATION ACT, 1963 (8 Lectures)

a) Limitation of Suits, Appeals and Applications (Sections 3-11)
b) Effect of expiry of limitation – dismissal of suit, appeal, application (Section 3)
c) Extension of limitation (Section 5)
d) Computation of Limitation (Sections 12-24)
e) Exclusion of time (Sections 12-13)
f) Effect of acknowledgment (Section 18),
g) The Schedule – Period of Limitation
 Article 54 – Limitation for specific performance of contract
 Article 113 – Any suit for which no period of limitation is provided elsewhere.
 Article 136 – For execution of any decree (other than decree granting a mandatory
injunction) or order of any Civil Court.
 Article 137 – Limitation where no period is prescribed
Pedagogy:
The application of specific pedagogy is motivated from the fact that strong foundations need
to be developed. Pedagogy for the module has to take care of two things. Firstly, a constant
interaction among students and tutor is required, involving students in active and participative
manner. Secondly, an instructive strategy is required to understand implications emphasising
learning by doing. Thus, in this module following pedagogical approaches are adopted:
 Student Lecture and Presentation: To support the development of theoretical
construct.
 Case Study Method: to enable the students understand the gradual development of
law by the judiciary.

Examination Scheme:

Component of Evaluation Internals End Semester

Weightage (%) 40 60

Suggested readings:

 C.K Takwani, CIVIL PROCEDURE CODE

 B. M. Prasad & S. K. Sarvaria, MULLA’S CODE OF CIVIL PROCEDURE
 Sudipto Sarkar & V R Manohar, SARKAR'S CODE OF CIVIL PROCEDURE
 M.R. Mallick&B.B. Mitra, THE LIMITATION ACT,1963

Important Case Laws:

1. Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd, AIR 1998
SC 1952
2. Iftikhar Ahmed v. Syed Meharban Ali, AIR 1974 SC 749
3. State of U.P. v. NawabHussain, AIR 1977 SC 1680
4. C.A. Balakrishnanv. Commissioner Corporation of Madras, AIR 2003 Mad. 170
5. Y. Narsimha Rao v. Y Venkata Lakshmi (1991) 2 SCR 821
6. Chunilal Mehta v. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC1314
7. Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287
8. Mahant Ram Dassv. Mahant Ganga Dass, AIR 1961 S.C. 882
9. SamarendraNath Sinha v. Krishan Kumar Nag, AIR 1967 SC 1440
10. Dwarka Das v. State of M.P. (1999) 3 SCC 500 96
11. Ram ManoharLalv. National Building Material Supply Co.,AIR 1969 S.C. 1267
12. M/s Ganesh Trading Co. v. Moji Ram, AIR 1978 SC 484
13. Sangram Singh v. Election Tribunal, AIR 1955 SC 425
14. Rajni Kumar v. Suresh Kumar Malhotra, 2003 (3) SCALE 434
15. Santosh Kumar v. Bhai Mool Singh, AIR 1958 S.C. 321
16. M/s Mechalec Engineers and Manufacturers v. Basic Equipment
 17. Salem Advocate Bar Assocn. Tamil Nadu v. Union of India,AIR 2003 SC 189
18. Salem Advocate Bar Assocn. Tamil Nadu v. Union of India,AIR 2005 SC 3353
19. Union of India v. West Coast Paper Mills Ltd.AIR 2004 SC 1596
20. Punjab National Bank v. Surendra Prasad Sinha,AIR 1992 SC 1815
21. State of Uttar Pradesh v. MaharajNarain, AIR 1968 SC 960

Statutes:
The Code of Civil Procedure, 1908
The Limitation Act, 1963