INDEX

1. Introduction
2. Aims & Objectives
3. Evaluation Methods
4. Course Outline
 Part I – Code of Civil Procedure
a. Introduction to the Administration of Civil Justice and Definitions
b. Before initiation of proceedings in courts
c. Initiation of Proceedings
d. Hearing, Trial and Evidence in a Civil Suit
e. Provisions in Special Suits
f. Supplemental Proceedings
g. Appellate Proceedings
h. Inherent powers of the courts and Execution Proceedings
 Part II – Law of Limitation
a. Limitation of Suits, Appeals and Applications
b. Computation of Period of Limitation
c. Law of Prescription

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 CODE OF CIVIL PROCEDURE AND LAW OF LIMITATION

Introduction

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This course on Code of Civil Procedure (CPC) and Law of Limitation is designed to equip and
train the students with all important adjective laws. Laws can be broadly divided into two
branches namely substantive and adjective. The former dealing with the rights and remedies and
the latter deals with the procedural matters, that is, with matters relating to the machinery for the
enforcement of substantive rights. The CPC is not intended to create new or take away existing
rights. It is intended mainly to regulate procedure in the Civil Courts

The CPC consists of two parts, the first consisting of 158 sections i.e. the body of the Code and
the second, containing 51 Orders and Rules in Schedule I.

It deals with the method of filing the plaint and the written statement, on reading of which the
court has to frame the issues. On these issues, the court receives the oral and documentary
evidence and after hearing the arguments it delivers the judgement. Provision is made for appeal,
reference, review and revision. A distinction is maintained between a decree, judgement and an
order. Special provisions are made in the matter of special suits eg. suits by or against the
Government, interpleader suits, suits by indigent persons, etc. Detailed provisions for execution
in Order XXI are made. The Code also provides for special provisions for issuing commissions,
orders on interlocutory applications to provide immediate and temporary relief pending trial in
the suits.

The policy of the law is to help the vigilant and not the dormant based on the maxim vigilantibus
nondormantibus jura subveniunt i.e., the laws aid the vigilant and not those who slumber. Law
puts limitation for obtaining the remedies in civil cases by a short and separate enactment called
the Limitation Act, 1963. It contains 31 Sections and the periods of limitation are prescribed in
the Schedule, which contains 137 Articles.

The students are provided with the leading case law on the course content and other course
material. The relevant case law is discussed during the lectures and how courts have applied it is
analyzed, giving the students a thorough understanding of the subject. Course material is
supplied to enable the students to take part in the discussion in the classroom. The student is
expected to undertake project work in the subject on a topic from the paper, on which a written
project report is to be prepared and it will also be presented and discussed in the class by the
students.

Aims & Objectives

 To familiarize with the functioning of the civil courts

 To familiarize with the procedures of the civil court
 To enable the students to understand the rationale of the way courts function
 To Ignite the interest of students to join the Bar or the Bench

Mode of Evaluation

 Examinations - As per University Norms

 Projects

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 COURSE OUTLINE AND READINGS

PART – I: Code of Civil Procedure

I. Introduction to the Administration of Civil Justice and Definitions

a) Concept of Justice, Fair trial, etc
b) Differences/similarities in Civil & Criminal administration of Justice
c) Adversarial system, and its relevance
d) Definitions like suit, plaint, written statement, appeal, Decree, Judgment and
Order [Sec. 2(2), (9), (14)], Legal Representative and Mesne Profits [Sec. 2(11),
(2)], etc.
e) Law of Limitation & Prescription
f) Res Sub Judice, Res Judicata, Foreign Judgments

Cases:
1. Iftikar Ahmed v. Syed Meharban Ali, AIR 1974 SC 749
2. Bharat Nidhi Ltd. v. Megh Raj Mahajan, AIR 1967 Del. 22
3. Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd. AIR
1998 SC 1952
4. Y. Narsimha Rao v. Y. Vnkata Lakshmi, (1991) 2 SCR 821
Reading:
1. What is Civil Justice for (and how much is enough)? – Dame Hazel Genn
2. Indian Civil Justice System Reform: Limitation and Preservation of the
Adversarial Process – Hiram Chodosh

II. Before initiation of proceedings in courts

a) Jurisdiction of Courts (Section 6, 9, 15-21)
b) Parties to the Suits – Order I, II and III
c) Frame of Suits – Order II, Rules 1 and 2
d) Pleadings – Order VI, VII & VIII

Cases:
1. Gundaji Satwaji Shinde v. Ramchandra Bhikaji Joshi, AIR 1979 SC 653
2. Md. Nooman and Ors. v. Md. Jabed Alam and Ors., (2010)9 SCC 560
3. Begum Sabiha Sultan v. Nawab Mohd. Mansur Ali Khan and Ors., AIR 2007 SC
1636

III. Initiation of Proceedings

a) Filing of Suit – Section 26, Order IV, Order VII

b) Issue and Service of Summons – Order V

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 e) Set-off and Counter- Claim – Order VIII
f) Appearance of Parties and Consequences of Non- appearance (Order XI,
Rules 6, 7 and 13)
g) Amendments of Pleadings (Order VI, Rule 17)

Cases:
1. Sangram Singh v. Election Tribunal, AIR 1955 SC 425
2. Arjun Singh v. Mohinder Kumar, AIR 1964 SC 993
3. M/S Ganesh Trading Co. v. Maji Rm, AIR 1978 SC 484

Suggested Readings:
1. Jai Jai Ram Manohar Lal v. National Building Supply, AIR 1969 SC 1267

IV. Hearing, Trial and Evidence in a Civil Suit

a) Examination of Parties by the court (Order X)
b) Right to Discovery and Inspection (Order XI)
c) Admissions (Order XII)
d) Settlement of Issues (Order XIV)
e) Summoning and Attendance of Witness (Order XVI)
f) Hearing of Suit and Examination of Witnesses (Order XVIII)

Cases:
1. Kokkanda B. Poondacha and Ors. v. K.D. Ganapathi and Anr., AIR 2011 SC
1353
2. B. Janakiramaiah Chetty v. A.K. Parthasarthi, (2003) 5 SCC 641

V. Provisions in Special Suits

a) Suits by or against Government and Corporation, (Sec. 79-82; Order XXVII-
XXI)
b) Suits by or against firms, (Order XXX)
c) Suits by or against minors or persons of unsound mind, (Order XXXII)
d) Suits by indigent person, (Order XXXIII)
e) Suits by aliens and by or against foreign rulers, ambassadors, (Sec. 83-87A)
f) Summary Suits (Order XXXVII, Rules 1 to 4)

Cases:
1. Ram Chander Arya v. Maharaja Man Singh, AIR 1968 SC 954
2. M.L. Sethi v. R. P. Kapoor, AIR 1972 SC 237
3. Milkhiram (India) Pvt. Ltd. v. Chamanlal Bros., AIR 1965 SC 1698
4. Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322

Suggested Readings:
1. Kasturi Bai v. Anguri Chaudhary, AIR 2001 SC 1361

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 2. M/S Mechalee Engineers and Manufacturers v. Basic Equipments Corporation,
AIR 1977 SC 577

VI. Supplemental Proceedings

a) Temporary Injunctions and Interlocutory Orders (Order XXXIX, Rules 1 to 5)

b) Commissions (Sec. 75 and Order XXVI)
c) Appointment of Receivers (Order XL)
d) Attachment before judgment (Order XXXVIII)
e) Affidavits (Order XIX)
f) Death of Parties (Order XXII, Rules 1 to 6)
Cases:
1. Manohar Lal v. Seth Hira Lal, AIR 1962 SC 527
2. Modi Entertinment Network v. W.S.G. Cricket Ltd. AIR 2003 SC 1177
3. Kandapazha Nadar and others v. Chitraganiammal and others, AIR 200 SC 1575

Suggested Readings:
1. Mahant Ram Das v. Ganga Das, AIR 1961 SC 882
2. Samrendra Nath Sinha v. Krishna Kumar Nag, AIR 1967 SC 1440
3. Dalpat Kumar v. Prahlad Singh, AIR 1993 SC 276
4. Shankar Nathu v. Gangaram Nathu, AIR 1952 Bom. 127

VII. Appellate Proceedings (Sec.96 to 115 and Order XLVI and XLVII)
a) Appeals
b) Reference
c) Review
d) Revision

Cases
1. Chunilal Mehta v. Century Spinning and Manufacturing Co. Ltd. AIR 1962 SC
1314
2. Mohd. Saud and Anr. v. Dr. (Maj.) Shaikh Mahfooz and Ors., AIR 2011 SC 485

Suggested Readings:
1. Right to file Cross-Objection: Scope and Extent- R.K. Aggarwal, AIR 2000
journal 62
2. Surinder Singh Arora v. Major Sohan Singh Arora, AIR 1986 Del. 293

VIII. Inherent Power of Court and Execution Proceedings

a) Enlargement of Time (Sec. 148)
b) Caveat (Sec. 148-A)
c) Power to make up deficiency of court fees (Sec. 149)

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 d) Inherent powers of Court (Sec. 151)
e) Amendment of Judgments, Decrees or Orders (Sec.152)
f) Execution Proceedings (overview)

Cases:
1. K.K. Velusamy v. N. Palanisamy, JT 2011 (4) SC 38
2. Dwarka Dass v. State of M.P., (1999) 3 SCC 500
3. Maya Devi (dead) through Lrs. v. Smt. Raj Kumari Batra (dead) through Lrs. and
Ors., (2010)9 SCC 486

Books for Reference

1. Mulla’s, Code of Civil Procedure, 17th ed., 2007, Lexis Nexis,
Butterworth
2. Sarkar’s, Code of Civil Procedure, 9th ed., 2002, Wadhwa 7 Company,
Nagpur

PART – II: Law of Limitation

I. Limitation of Suits, Appeals and Applications (Sec. 3 to 11)

a) Bar of Limitation (Sec. 3)

Cases:
1. Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815
2. Union of India v. West Coast Paper Mills Ltd., AIR 2004 SC 1596

b) Extension of Prescribed Period (Sec. 5)

Cases:
1. Ram Lal v. Rewa Coal Fields Ltd., AIR 1962 SC 361
2. N. Balakrishna v. M. Krishnamurthy, AIR 1998 SC 3222
3. Lanka Venkateswarlu (D) by L.Rs. v. State of A.P. and Ors., AIR 2011 SC 1199

c) Effect of Legal Disability (Sec. 6, 7 and 8)

Cases:
1. Darshan Singh v. Gurdev Singh, AIR 1995 SC 75

d) Suits against Trustees and their Representatives (Sec. 10)

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 Case:
1. Wali Mohammed v. Rahmat Bee, AIR 1999 SC 1136

Suggested Readings:
1. P.K. Kutty Anuja Raja v. State of Kerala, AIR 1996 SC 2212
2. Bailochan Karan v. Basant Kumari Naik, AIR 1999 SC 876

II. Computation of Period of Limitation (Sec. 12 to 24)

a) Exclusion of Time (Sec.12 – 13)

Cases:
1. Udayan Chinubhai v. R.C. Bali, AIR 1977 SC 2319
2. State of U.P. v. Maharaj Narain, AIR 1968 SC 960

Suggested Readings:
1. The C.S.T. U.P. v. M/S Madan Lal & Sons, AIR 1977 SC 523

b) Exclusion of Time for Proceedings bonafide in court which lacks jurisdiction (Sec. 14)

Cases:
1. SBH v. Joint Family of Mukundas Raja Bhagwan Dass, 1995 Supp (2) SCC 544
2. Deena v. Bharat Singh, AIR 2002 SC 2768

c) Exclusion of Time in Miscellaneous Cases (Sec. 15 - 16)

d) Effect of Fraud or Mistake, Acknowledgement, Part - Payment and Substituting/Adding
Party (Sec. 17 -21)

Cases:
1. Mahabir Kishore v. State of M.P., AIR 1990 SC 313
2. Sampuran Singh v. Niranjan Kaur, AIR 1999 SC 1047
3. Karuppaswamy v. C. Ramaurthy, AIR 1993 SC 2324
4. Tilak Ram v. Nathu, AIR 1967 SC 935

Suggested Readings:
1. State of Kerala v. T.M. Chacko, (2000) 9 SCC 722
2. M/S L.C. Mills Ltd. v. Aluminium Corporation of India Ltd., AIR 1971 SC 1482

III. Acquisition of Ownership By Prescription (Sec. 25 – 27)

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 Suggested Readings:
1. Krishnamurthy S. Setlur (Dead) by LRs v. O.V. Narasimha Setty and others, AIR
2007 SC 1788

IV. Miscellaneous Provisions (Sec. 29 – 31)

Case:
1. Mukri Gopalan v. Chappilat Puthanpurayil Aboobacker, AIR 1995 SC 2272

Books for Reference

1. U.N. Mitra’s, Law of Limitation and Prescription, 12th ed., 2006, Wadhwa &
Company, Nagpur
2. M.R. Mullick, B.B. Mitra, The Limitation Act, 21st ed., Eastern Law House

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