Course Title Civil Procedure Code and Limitation Act Credits 4
Core/Non-Law/
Course Code CLAW 219 Course category L-T-P 4-0-0
Optional/Hons
Version Approval Details Learning Level
ASSESSMENT SCHEME
Semester End
During Semester Assessment (DSA)
Examination
MSE DSA Components Attendance SEE
15% 30% 5% 50%
The substantive law determines the rights of parties, procedural law lays down the rules for
enforcement of those rights. The rules of civil procedural law are largely set out in the Code of Civil
Procedure, 1908 and the Limitation Act, 1963. This course covers these two legislations and related
matters in the law of civil procedure.
The Preamble of the Code states that its object is to consolidate and to amend. The Code therefore
must be treated as an exhaustive one in respect of the matters dealt with therein, ie the procedure for
Course enforcement of one’s civil rights.
Description The Limitation Act, 1963 deals with the limitation period for commencing various types of civil
proceedings, i.e., the time period within which a proceeding must be commenced.
In the event of a dispute, it becomes necessary for an advocate to be able to advise clients on not
only their rights in law, but also on how to enforce their rights in accordance with law. This requires
not only knowledge of the substantive law, but also an ability to evaluate the best means to agitate
those rights by keeping in mind factors including the appropriate forum, jurisdiction, time limits and
generally the interests of the client.
1. To help the students understand the applicability of civil procedure code in legal mechanism.
2. To enhance the understanding of procedural steps of litigation and understand the significance
Course of the nomenclatures and timelines.
Objective 3. To facilitate them to appraise as to how the trial is conducted.
4. To benefit the students to analyze the importance of law of limitation in civil litigation.
5. To enable them to evaluate and critique challenges faced by the judiciary
Upon completion of this course, the students will be able to
1. Course outcome (CO1): Understand and appraise the practical issues related to civil litigation
System
Course 2. Course outcome (CO2): Demonstrate systematic and coherent understanding of the
Outcome fundamental concepts, principles and processes underlying the civil litigation system in India
3. Course outcome (CO3): Identify and evaluate the challenges that are being faced under the
current civil litigation system.
4. Course outcome (CO4): Comprehend the basics of drafting in civil litigation.
5. Course outcome (CO5): Appraise the principles of right to legal representation in civil trials
and to apply such principles in a factual scenario
CO, PO AND PSO MAPPING
PO PO- PO- PO- PO- PO- PO- PO- PO - PO- PO- PSO- PSO- PSO-
CO PO-9
-1 2 3 4 5 6 7 8 10 11 12 1 2 3
CO-
2 2 1 2 - - - - - - - - - - -
1
CO-
3 1 2 - - - - - - - 2 - - - -
2
CO-
- 2 2 3 - - - - - - - - - - -
3
CO-
- 3 - - - - - - - - - - - - -
4
CO-
- 2 2 - - - - - - - 2 3 - - -
5
1: Weakly related, 2: Moderately related and 3: Strongly related
Outline Teaching Schedule
Unit Topics No. of Sessions
1. Introduction
1.1 Concepts
1.1.1. Affidavit, order, judgment, decree, plaint, restitution, execution,
I decree-holder, Judgment-debtor, mesne profits, written statement. 3
1.1.2. Distinction between decree and judgment and between decree and
order
2. Jurisdiction
2.1. Kinds 12
2.1.1. Hierarchy of courts
2.2. Suit of civil nature - scope and limits
2.3. Res-subjudice and Res judicata
2.4. Foreign judgment – enforcement
2.5. Place of suing
II 2.6. Institution of suit
2.6.1. Parties to suit: joinder, mis-joinder or non-joinder of parties :
Representative suit.
2.6.1.1. Frame of suit: cause of action
2.6.2. Settlement of Disputes outside Courts
2.6.3. Summons
3. Pleadings 6
III 3.1. Rules of pleading, signing and verification.
3.1.1. Alternative pleadings
3.1.2. Construction of pleadings
3.2. Plaint: particulars
3.2.1. Admission, return and rejection
3.3. Written statement: particulars, rules of evidence
3.3.1. Set off and counter claim: distinction
3.4. Discovery, inspection and production of documents.
3.4.1. Interrogatories
3.4.2. Privileged documents
3.4.3. Affidavits
4. Appearance, Examination and Trial
4.1. Appearance 4
4.2. Ex-parte procedure
4.3. Summary and attendance of witnesses
4.4. Trial
4.5. Adjournments
IV
4.6. Interim orders: commission, arrest or attachment before judgment,
injunction and Appointment of receiver
4.7 Interests and costs
5. Execution
5.1. The concept
5.2. General principles
5.3. Power for execution of decrees 3
5.4. Procedure for execution (ss. 52-54)
5.5. Enforcement, arrest and detection (ss. 55.59)
V 5.6. Attachment (ss. 60-64)
5.7. Sale (ss.65-97)
5.8. Delivery of property
5.9. Stay of execution
6. Suits in Particular Cases
6.1. By or against government (ss.79-82)
6.2. By aliens and by or against foreign rulers or ambassadors (ss.83-87A) 2
6.3. Public nuisance (ss.91-93)
6.4. Suits by or against firm
VI 6.5. Suits in forma pauperis
6.6. Mortgages
6.7. Interpleaded suits
6.8. Suits relating to public charities
7. Appeal, Review, Reference and Revision
7.1. Appeals from original decree
7.2. Appeals from appellate decree 7
7.3. Appeals from orders
VII 7.4. General provisions relating to appeal
7.5. Appeal to the Supreme Court
7.6. Review
7.7. Reference
7.8. Revision
8. Miscellaneous
8.1. Transfer of cases 5
VIII 8.2. Restitution
8.3. Caveat
8.4. Inherent powers of courts
9. Law of Limitation
9.1. The concept - the law assists the vigilant and not those who sleep
over the rights.
9.2. Object
9.3. Distinction with latches, acquiescence, prescription.
9.4. Extension and suspension of limitation
9.5. Sufficient cause for not filing the proceedings
IX 9.5.1. Illness 6
9.5.2. Mistaken legal advice
9.5.3. Mistaken view of law
9.5.4. Poverty and minority
9.6. Legal liabilities
9.7. Foreign rule of limitation: contract entered into under a foreign law
9.8. Acknowledgement - essential requisites
9.9. Continuing tort and continuing breach of contract.
Total Sessions 48
Recommended Resources (Both Textbooks, cases & articles)
Essential Readings
• Takwani. C.K, Civil Procedure Code, Fifth Edition, Eastern Book Company, Delhi 2007
• Jain. M.P, The Code of Civil Procedure, Fifth Edition, Lexis Nexis Butterworth India; 2019
Additional Readings
• Mulla, Code of Civil Procedure, 14th Edition, Lexis NexisButterworths India, Delhi, 2005
• D.N. Mathur, The Code of Civil Procedure, Second Edition, Central Law Publications, Allahabad, 2011
List of Cases
• Phool Chand v. Gopal Lal AIR 1967 SC 1470
• Durgah Committee v. State of Rajasthan AIR 1962 SC 574
• Jagat Narayan v. Rabinder AIR 1992 Cal 216
• Most Reverend PMA Metropolitan v. Moran Mar Mathoma 1995,SC
• Dhula Bhai v. State of M.P.
• State of Tamil Nadu v. Ramalingam
• Church of South India Trust Association v. Telgu Trust Council
• Rajendra Kumar v. kalyan (dead) by L.Rs
• Sheodan Singh v. DaryaoKanwar
• ECE Limited v. Action Construction Equipments Pvt. Ltd.
• International Wollen Mills v. Standard Wool (UK) Ltd.
• Duke of Bredford v. Ellis.
• Mayar (H.K.) Ltd. & Another v. Owners & Parties, Vessel MV Fortune Express
• Afcons Infrastructure Limited & another v. Cherian Varkey Construction Co. Ltd.
(Please note this list is not exhaustive and there are other important resources which should be referred based on the
contextual relevance)
