CIVIL PRACTICE AND ADVOCACY (XXXXX)

B.A., LL.B. (Hons.)/ B.B.A., LL.B. (Hons.)/ LL.B. (Hons.)

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REVISION HISTORY

Sr No Date Details of Revision Reason for revision

1. 12.12.2023 Baseline NAAC version NAAC Compliance

NOTES:
1. For defining course outcomes, ask yourself what the most important things a student
should know (cognitive), be able to do (skills), or value (affective) after completing the
course/program.
2. Checklist for each course outcome: is the learning outcome measurable? Is the learning
outcome student-cantered? Does the learning outcome match instructional activities and
assessments?
3. Teaching-Learning strategies refer to an appropriate combination of Lectures, Case
Studies, Class assignments, Solo Projects, Group Projects, MOOCs, etc.
4. Learning resources can include: text books, case studies, research papers, videos,
websites, articles, etc.
5. Try to limit the number of modules to a reasonable number (typically 3-4 for a course
with three lecture hours per week, 4-5 for a course with four lecture hours per week)
6. Each course should have at least one section on textbooks or reference books. For the
foundation courses, it is mandatory to give text books. The text books shall be indicated
as in the examples given below:
a) Wayene Wolf, Modern VLSI Design: IP-Based Design (4th ed.), Prentice Hall,
2008. ISBN 978-0137145003, ISBN 0137145004.
b) Ivan Sutherland, Robert F. Sproull and David Harris, Logical Effort: Designing
Fast CMOS Circuits, Morgan Kaufmann, 1999. ISBN 978-1558605572, ISBN
1558605576.

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COURSE CONTEXT

SCHOOL School of Law

VERSION NO. OF CURRICULUM 1
THAT THIS COURSE IS A PART
OF
DEPARTMENT Law DATE THIS COURSE WILL BE January, 2024
EFFECTIVE FROM
DEGREE B.A., LL.B. VERSION NUMBER OF THIS 1
(Hons.)/ B.B.A., COURSE
LL.B. (Hons.)/
LL.B. (Hons.)

COURSE Civil Practice PRE-REQUISITES The student should

TITLE and Advocacy have completed the
Civil Procedure
Code, 1908

COURSE TOTAL CREDITS 4

CODE

COURSE ELECTIVE L-T-P FORMAT 4-1-0

TYPE

COURSE SUMMARY

This course is an elective course in the branch of Civil Law aimed at critically examining the
practical implementation and use of Civil Procedure Code in actual practice before the Civil
Judge Junior Division, Civil Judge Senior Division, District Courts and High Courts. The
course will critically examine the drafting, framing and day-to-day working before civil
courts in the conduct of various types of civil cases including Rules of Procedure and Practice
issued by High Courts for compliance. It will train and prepare the budding young advocates
in the art of civil court practices through learning of documentations, trial technicalities,
examinations, appreciation of evidence, judgment writing and the use of newly developed e-
databases in the field. By the end of this course students will be able to develop the skill of a
civil advocate and will aid in employability in the field of civil practice.

PROGRAM OUTCOMES (POs)

PO1: Explain the social, economic, and political concerns and address them by the
application of laws and regulations.
PO2: Apply proficiency in legal skills, processes, procedures, transactional skills, and court
craft.
PO3: Interpret and analyze substantive and procedural laws.
PO4: Exhibit professionalism while performing their role in justice delivery system.
PO5: Promote bar and bench relationship through lifelong learning.

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PROGRAMME SPECIFIC OUTCOMES (PSOs)

PSO1: Support social and community institutions through awareness and pro bono initiatives
PSO2: Evaluate the socio-legal gaps and advocate the measures for upholding the rule of
Law

COURSE OUTCOMES (COs)

By the end of this program, student shall be able to:

CO1: Explain how to institute a civil suit and the particulars to be mentioned in a plaint
structure.
CO2: Examine the rules of pleadings and all the considerations taken by the defendant before
drafting of written statement and processes followed by civil courts.
CO3: Evaluate the art of drafting issues by the court, procedural formalities of various civil
trials, judgment writing and execution of judgement by the civil courts.
CO4: Analyze drafting and filling procedures of post-trial processes, appeal, reference,
review, revision, transfer petitions and summary disposals by the courts.
CO5: Create a civil insight into the working of the civil justice system through analysis of
various official e-databases maintained by the courts and other authorities.

COURSE ARTICULATION MATRIX

PO1 PO2 PO3 PO4 PO5 PSO1 PSO2

CO1 2 - - - 1 - 2
CO2 1 - 2 - - 2 -
CO3 - 2 3 - 2 - 2
CO4 - 2 2 2 - - 2
CO5 - 3 - 2 - 2 -
3= High, 2= Medium, 1 = Low

MODULES & CO MAPPING

MODULES TOPICS COURE LECTURE

OUTCOMES HOURS
I INSTITUTION OF SUIT CO1, CO5 12
 Deciding the Jurisdiction of the Court,
Court fees and Limitation period of the suit
 Recording of facts by the advocate
 Memo of parties- necessary party, proper
party, recognised agents and pleaders, and
representative suit
 Drafting of plaint- Case Number, Index,
Long title of the case, causes of action,
prayer, Affidavit, verification, annexures/
exhibits, and vakalatnama
 Registration of case before appropriate
court, process of registration and pre-

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 requisites to be fulfilled by the plaintiff

II PROCESSES OF COURT, DEFENCE BY CO2 12

THE WAY OF WRITTEN STATEMENT,
AND APPEARANCE THEREON
 Summons to be send by the court- draft of
summons, delivery of summons, dasti
summons, extended service and substituted
service
 Written Statement to be filled by the
defendant- Additional facts, Additional
causes of action, Set-off, and Counter
Claim
 Rules of Pleadings- Draft of plaint and
written statement, When to cite precedents,
Stage of Rejoinder, numbering styles
 Appearance of parties and consequences of
non-appearance, Application of
dispensation from personal appearance,
examination and interrogation of parties on
appearance
 Admissions- How and when to make
admissions, Production, Impound and
return of Documents
III FRAMING OF ISSUES, PROCESS OF CO2, CO3, 14
CIVIL TRIAL AND EXECUTION OF CO5
JUDGMENT
 Draft of Issues; Res sub-judice and Res
Judicata, Considerations for Joinder of
Issues
 Procedural formalities of various Suits and
Formats of Summary Suit
 Judgment Writing, awarding and execution
of sentences
 Alternative dispute Resolution
 Execution of decree- Modes of execution
IV APPEAL, REFERENCE, REVISION AND CO3, CO4, 12
TRANSFER PETITIONS CO5
 Drafting, Filing, Process of first appeal,
second appeal, supreme court, appeal
against orders, and appeal by indigent
person.
 Post-Trial Remedies Drafting: Reference,
Review and Revisions applications, Article
132, 133, 136 (Special Leave Petition)
 Summary Disposal in petty cases
(Summary Disposal under special
summons, Summary Disposal of Appeals)
 Transfer petitions to Supreme Court, High

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 Court and District Court, Article 139A)
V E-DATABASES CO1, CO3, 10
 General Rules (Civil), 1986 CO5
 Delhi High Court Rules (Civil)
 Judicial working of district and tehsil courts
under Ecourts.gov.in,
 E-courts app: Judgments and orders of
district courts
 National Judicial Data Grid (NJDG)

TEACHING-LEARNING STRATEGIES
 Lectures
 PowerPoint presentations
 Case Analysis
 Practical approach through the use of various ICT tools
 Guidance through external experts

STUDIO WORK / LABORATORY EXPERIMENTS

Nil

EVALUATION STRATEGY

S. No. Component Percentage Course Outcomes

Distribution
1 Internal Assessment 25% CO1, CO2, CO3, CO4, CO5

2 Mid-term 25% CO1, CO2, CO3

3 End-term 50% CO1, CO2, CO3, CO4, CO5
Note: Pass marks 50% of the final Grade

LEARNING RESOURCES

Bare Acts

 Civil Procedure Code, 1908

 Indian Limitation Act, 1963
 Indian Evidence Act, 1872
 General Rules (Civil), 1986
 Delhi High Court Rules of Procedure and Practice

Textbook

 C.K. Takwani, Civil Procedures and Limitation Act, 1963 (EBC, 8th ed. 2017).

Suggested Readings

 Cost and Fee Allocation in Civil Procedure: Comparative Study (Mathias Reimann ed.,
Springer, 2012)
 J.A. Jolowicz, On Civil Procedures (Cambridge University Press, 2010)

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 Joseph W. Glannon, Civil Procedures (Aspen, 1997)
 Mulla’s The Code of Civil Procedure I, II, III (Revised by Justice Deepak Verma, Justice C
K Prasad & Namit Saxena, Lexis Nexis 19th ed. 2017)
 N.R. Madhav Menon, et. al., A Primer on Indian Practice (NLSIU, 2017)
 Sarkar Code of Civil Procedure I, II (Revised by Justice M L Singhal & Sudipto Sarkar,
Lexis Nexis, 12th ed., 2017)
 T.R. Desai, Commentary on The Limitation Act (EBC, 11th ed. 2016)
 U N Mitra, Law of Limitation and Prescription I, II (Lexis Nexis, 15th ed. 2018)

Relevant Cases

 Afcons Infrastructure v. Cheriar Verky Co., (2010) 8 SCC 24

 American Cynamide Co. v. Ethicon Ltd., (1975) All ER 504
 Anant Construction (P) Ltd. v. Ram Niwas, 1994 IVAD Delhi 185
 Anant Mills Co. Ltd. v. State of Gujarat, (1975) 2 SCC 175
 Anil Kumar Singh v. Shiv Nath Mishra, (1995) 3 SCC 147
 Arjun Khiamal Makhijani v. Jamnadas Tulani, AIR 1989 SC 1599
 Bhagwati Prasad v. Chandramaul, AIR 1966 SC 735
 Bhanu Kumar Jain v. Archana Kumar, AIR 2005 SC 626
 Chunnilal Mehta v. Century Spinning & Mfg. Co. Ltd., AIR 1962 SC 1314
 Church of South India Trust Assn. v. Telugu Church Council, AIR 1996 SC 1002
 Dalpat Kaur v. Prahalad Singh, AIR 1993 SC 276
 Daryao v. State of UP, AIR 1961 SC 1457
 Dhruv Green Field Ltd. v. Hukam Singh, (2002) 6 SCC 416
 Dhulabhai v. State of M.P., AIR 1969 SC 78
 Dilip Kuar v. Major Singh, AIR 1996 P&H 107
 Durgesh Sharma v. Jayashree, (2008) 9 SCC 648
 Dwarka Prasad v. Rajkumar, AIR 1976 MP 2141
 Firm Seth Radha Kishan v. Administrator, Mucipal Committee, Ludhiana, AIR 1963 SC 1547
 Forward Construction Co. v. Prabhat Mandal (Regd), (1986) 1 SCC 100
 G. P. Srivastava v. R.K. Raizada, (2000) 3 SCC 54
 Ganesh Trading Co. v. Moji Ram, (1978) 2 SCC 91
 Ganga Bai v. Vijay Kumar, AIR 1974 1126
 Gangabai v. Chhabubai, (1982) 1 SCC 4
 Garikapati Veerya v. N. Subbiah Chaudhury, AIR 1957 SC 540
 Gujrat Bottling Co. v. Coca Cola Co., (1995) 5 SCC 545
 Hakam Singh v. Gammon (India) Ltd., (1971) 1 SCC 286
 Harshad Chiman Lal v. DLF Universal Ltd. (2005) 7 SCC 791
 Indian Bank v. Maharasthra State Coopertaive Marketting Fed. Ltd, AIR 1998 SC 1952.
 Iridium Indian Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145
 Ishwar Bhai Patel v. Harihar Bahera, AIR 1999 SC 1341
 Kiran Singh v. Chaman Paswan, AIR 1954 SC 340
 M. Veerappa v. Elvyn Sequeria, (1988) 1 SCC 689
 Martin Burn Ltd. v. R.N. Banerjee, AIR 1958 SC 79
 Mathura Prasad v. Dossibai N.B. Jeejeebhoy, (1970) 1 SCC 613
 Modula India v. Kamakhya Singh Deo, (1988) 4 SCC 619
 Morgan Stanley Mutual Funds v. Kartick Das, (1994) 4 SCC 225
 P.M.A Metropolitan v. M.M. Marthoma, 1995 Supp (4) SCC 226 (318)
 Patel Roadways Ltd. v. Prasad Transport Corporation, (1991) 4 SCC 270

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 Prem Lala Nahata v. Chandi Prasad Sikaria, AIR 2007 SC 1247
 Premraj Mundra v. Mohd. Maneck Gazi, AIR 1951 Cal. 156
 Pushpa Devi v. Rajinder Singh, 2006 SC
 R.C. Sharma v. Union of India, (1976) 3 SCC 574
 Raman Tech & Process Engg. Co. v. Solanki Traders, (2008) 2 SCC 302
 Razia Begum v. Sahebzadi Anwar Begum, AIR 1958 AP 195
 Salem Advocate Bar Assn. v. Union of India, (2005) 6 SCC 344
 Salem Advocate Bar Association v. Union of India, AIR 2003 SC 189
 Sardar Govindrao v. Devi Sahai, (1982) 1 SCC237
 Satya v. Teja Singh, (1975) 1 SCC 120
 SBI v. Chandra Govindji, (2000) 8 SCC 532
 Sheodan Singh v. Daryao Kunwar, AIR 1966 SC 1332
 Sulochna Amma v. Narayanan Nair, AIR 1994 SC 152
 Venkateswarlu v. Motor & General Traders, (1975) 1 SCC 770
 Virendra Nath v. Satpal Singh, (2007) 3 SCC 617

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