Symbiosis Law School, Pune

Under Graduate

Course Title: Civil Procedure Code and Limitation Act

Course Code: T1519

Number of Credits: 3

Level : 4

Learning Objective:

1. To impart knowledge of civil procedure to the students.

2. To provide knowledge about the history the Code of Civil Procedure in India and the
details of procedure for redressal of civil rights.
3. To learn and understand the procedure of filing the suit in the court, the documents in
support and against, evidence taken, dimensions of an interim order, the peculiar nature of
the suits.
4. To learn and understand the complexities of executing a decree and provisions for appeal
and revision.
5. To make the students understand the procedural aspects in the civil court practice.

Learning Outcome (s):

At the end of this course the students will be:

1. Well versed with the knowledge of civil procedure.

2. Having in-depth knowledge about the history the Code of Civil Procedure in India and the
details of procedure for redressal of civil rights.
3. Able to apply the procedure of filing the suit in the court, the documents in support and
against, evidence taken, dimensions of an interim order, the peculiar nature of the suits.
4. Able to understand the complexities of executing a decree and provisions for appeal and
revision.
5. Able to apply the procedural aspects in the civil court practice.

Pre-learning:

To have suggested reading as per session plan and other resources such as films,
documentary, as provided by the course instructor

Course Outline

Sr. No. Topics Hours

Module 1 Introductory 1
1.1 History of the Code of Civil Procedure;
Amendments
1.2 Objective behind the Code
1.3 Overview of the Code
1.4 Definitions: decree, judgement, order, mesne profits,
pleader, legal representative, judgement-debtor, decree-
holder, foreign judgement
1.5 Subordination and Hierarchy of Courts

Module 2 Jurisdiction of Civil Courts 5

2.1 Subject-matter jurisdiction; applicability for special
and local laws
2.2 Pecuniary Jurisdiction
2.3 Territorial Jurisdiction
2.4 Objections to Jurisdiction
2.5 Transfer of civil suits
2.6 res judicata and res sub-judice

Module 3 Foreign Judgement 1

3.1 When not conclusive
3.2 Presumption as to foreign judgements
3.3 Enforcement

Module 4 Parties to Suits 2

4.1 Plaintiff, Defendant, Co-plaintiffs, Co-defendants
4.2 Joinder of parties; consequences of joinder, non-
joinder and mis-joinder of parties
4.3 Representative suit
4.4 Impleadment and deletion of parties
4.5 Recognized agents and pleaders

Module 5 Frame of Suit 1

5.1 Suit to include whole claim, relinquishment,
omission
5.2 Joinder of causes of action

Module 6 Institution of Suit 2

6.1 Pleadings generally
6.2 Plaint: Particulars, Documents relied on in plaint,
Return of Plaint, Rejection of Plaint
6.3 Written Statement: time period, denial,
consequences of failure to file, additional WS
6.4 Set Off, Counter Claim

Module 7 Appearance of Parties 2

7.1 Issue and Service of Summons
7.2 Consequences of non-appearance of parties, non-
 appearance of plaintiff or defendant
7.3 Setting aside ex parte decree
7.4 Disposal of suit at the first hearing
7.5 Examination of Parties by the Court

Module 8 Discovery, Inspection & Production of Documents 2

8.1 Discovery by interrogatories
8.2 Discovery of documents and their production
8.3 Impounding and Return of Documents

Module 9 Admissions and Settlement of Issues 2

9.1 Admissions: Notice, Form, Judgement on
Admission
9.2 Issues: Of Fact, of Law, Materials to frame issues,
Power of Courts

Module 10 Trial 2
10.1 Affidavits
10.2 Summoning and Attendance of Witnesses
10.3 Attendance of Witnesses confined or detained in
prisons
10.4 Hearing of suit and examination of witnesses

Module 11 Judgement and Decree 2

11.1 Judgement and Decree
11.2 Interests
11.3 Costs

Module 12 Miscellaneous 1
12.1 Adjournments
12.2 Restitution
12.3 Settlement of Disputes outside Court
12.4 Inherent Powers of Civil Court
Module 13 Execution of Decrees and Orders 3
1.1 Courts by which decrees may be executed
1.2 Questions to be determined by Court
1.3 Procedure in execution: Application, Stay
1.4 Modes of Execution
1.4.1 Arrest and Detention
1.4.2 Attachment of Property; Garnishee
Order; Adjudication of Claims
1.4.3 Sale; delivery of property; distribution
of assets
1.4 Resistance to execution

Module 14 Death, Marriage and Insolvency of Parties 1

2.1 Right to Sue
2.2 Abatement; dismissal
 2.3 Marriage of Female Party
2.4 Procedure for bringing Legal Representative on
record

Module 15 Withdrawal and Adjustment of Suits 1

3.1 Withdrawal, Abandonment
3.2 Compromise, consent decree

Module 16 Suits in Particular Cases 5

4.1 Suits by or against the Government or Public
Officers in their official capacity
4.2 Suits involving a substantial question of Law as to
the Interpretation for the Constitution or as to the
validity of any Statutory instrument
4.3 Suits by or against military or Naval men or Airmen
4.4 Suits by or against Corporations
4.5 Suits by or against Firms and Persons carrying on
business in names other than their own
4.6 Suits by or against Trustees, executors and
Administrators
4.7 Suits by or against Minors and Persons of Unsound
mind
4.8 Suits relating to matters concerning the family
4.9 Suits by Indigent Persons
4.10 Suits Relating to Mortgages of Immovable
Property
4.11 Interpleader Suit
4.12 Special Case upon Court’s Opinion
4.13 Public nuisances and other wrongful acts affecting
the public
4.14 Suits by aliens and by or against foreign rulers,
ambassadors and envoys;
suits against rulers of former Indian states

Module 17 Summary Suit 1

5.1 Applicability, Institution
5.2 Leave to defend, Power of Court to set aside decree

Module 18 Interim Orders 3

6.1 Commissions
6.2 Arrest and Attachment before Judgement
6.3 Temporary Injunctions
6.4 Interlocutory Orders
6.5 Receivers

Module 19 Review Procedures 4

7.1 First Appeal
7.2 Second Appeal
7.3 Appeal from Orders
 7.4 Appeals by Indigent Persons
7.5 Appeals to the Supreme Court
7.6 Reference
7.7 Review

Module 20 Miscellaneous 1
8.1 Payment into Court
8.2 Security for Costs
8.3 Exemptions, Language, Caveat, Place of Trial,
Amendment of judgements/order/decree
8.4 Special Provisions relating to High Courts; Rules

Module 21 The Limitation Act, 1963 3

9.1 Concept of Limitation; History and Object of the
Act; Definitions
9.2 Limitation of Suits, Appeals and Applications
9.3 Condonation of Delay; Legal Disability
9.4 Computation of Period of Limitation; Exclusion of
Time; Effect of Fraud, Acknowledgement in writing etc.
9.5 Acquisition of Ownership by possession
TOTAL 45

Pedagogy:

1. Discussion
2. lecture
3. self study
4. projects

Books Recommended:

 Basu, Durga Das, Law of Torts, Kamal Law House (2000)

 Baxi Upendra, Dhanda Amita and Indian Law Institute, Valiant Victims and Lethal
Litigation: The Bhopal Case, N.M. Tripathi, (1990)
 Boston Gerald, Madden Stuart M. and Madden M. Stuart, Law of Environmental and
Toxic Torts: Cases, Materials and Problems, West Publishing Company, (2005)
 Cranor Carl F., Toxic Torts: Science, Law and the Possibility of Justice, Cambridge
University Press, (2006)
 Fowler Gregory L. and Aspatore Books, International Product Liability Law: A
Worldwide Desk Reference Featuring Product Liability Laws & Customs in 50+
Countries, Aspatore Books(2003)
 Harpwood Vivienne, Modern Tort Law, Rutledge, (2008)
 Menon N.R. Madhava, Documents and Court Opinions on Bhopal Gas Leak Disaster
Case, National Law School of Indian University, (1991)
 Pandey Jai Narain, Law of Torts: With Consumer Protection Act, 1986 and Motor
Vehicles Act, 1988, Central Law Publication, (2002)
 Pollock Frederick, The Law of Torts: A Treatise on the Principles of Obligations Arising
from Civil Wrongs in the Common Law: To which is Added the Draft of a Code of Civil
Wrongs Prepared for the Government of India”, BiblioBazaar (2008)
 Winfield Percy Henry, Jolowicz J.A. and T. Lewis Ellis,Winfield on Tort, Sweet and
Maxwell, (1963)
 Salmond John William, Salmond on the Law of Torts, Sweet & Maxwell, 16th Edition,
(1973)
 Salmond Heuston, The Law of Torts, Universal Law Publishing Co. Ltd., (2004)
 Steele Jenny, Tort Law: Text, Cases & Materials, Oxford University Press (2007)
 Ranchhoddas Ratanlal, Thakore Dhirajlal Keshavlal and Singh Guru Prasanna, Ratanlal
& Dhirajlal's The Law of Torts, Wadhwa & Co, Nagpur (2008)
 Upadhyay Videh, Public Interest Litigation in India: Concepts, Cases and Concerns,
LexisNexis Butterworths, (2007)
 Wahl Jenny B., Economic Analysis of Tort and Products Liability Law: A Collection of
Essays & Cases Law and Economics, Routledge, (1998)
 White Edward, Tort Law in America: An Intellectual History, Oxford University Press,
(2003)
 Bakshi P. M., Consumer Protection Act No. 62 of 2002, Ashoka Law House, (2004)
 Barowalia N., Commentary on the Consumer Protection Act-1986, Universal Law
Publishing Co. Pvt. Ltd., (2002)
 BaxiUpendra, Paul Thomas, Mass Disaster and Multinational Liability: The Bhopal
Case, N.M. Tripathi, (1986)
 Jain N. K., Consumer Protection: Law and Practice, Regal Publications, (2008)
 Macmillan Kathleen & Grady Patrick, Seattle and Beyond: The WTO Millennium Round,
Global Economics Ltd, (1999)
 Majumdar P. K., Law of Consumer Protection in India, Orient Publishing Company,
(2002)
 Menon N.R. Madhava, Documents and Court Opinions on Bhopal Gas Leak Disaster
Case, National Law School of Indian University, (1991)
 Pollock Frederick, The Law of Torts: A Treatise on the Principles of Obligations Arising
from Civil Wrongs in the Common Law: To which is Added the Draft of a Code of Civil
Wrongs Prepared for the Government of India”, BiblioBazaar: (2008)
 Singh Avtar, Law of Consumer Protection: Principles and Practice Being a Study of the
Consumer Protection Act, 1986, Eastern Book Co., (2005)
 Steele Jenny, Tort Law: Text, Cases & Materials, Oxford University Press (2007)
 Winfield Percy Henry, Jolowicz J.A. and T. Lewis Ellis,Winfield on Tort, Sweet and
Maxwell, (1963)