LL.B.
– SEMESTER III
CIVIL PROCEDURE CODE AND LIMITATION ACT
Course Code: UL-LLB-303 Credits: 4
A) INTRODUCTION
Code of Civil Procedure being a voluminous procedural law is a key to civil practice. This law
is based on the principle of ‘Fair Trial’. It is very necessary for the Courts as well as Advocates
to understand the spirit of this law for its proper implementation. The beauty of CPC is that it
gives meaning to the rights recognized by substantive law and enforces them in the way it is
intended by the legislators.
B) OBJECTIVES
The objectives of this course are:
1. The purpose of the course is to guide the students to analyse this consolidated code in
regards to the procedure followed by the civil courts in the conduct of civil suits and to
understand the role of CPC in the administration of justice.
2. To acquaint the students with the various stages of a civil suit and its execution inside
and outside court.
3. To help the students understand the relevance of the prescribed time frame in the filing
of the civil suits and execution of decrees under the Limitation Act.
C) COURSE OUTCOME
At the end of the course, the students will be able to:
a) Understand the Hierarchy and Jurisdiction of Civil Courts.
b) Identify various stages of litigation and the applicability of relevant provisions at various
stages of the civil suit.
c) Articulate the skill of civil drafting and the correct interpretation of the provisions.
C) CURRICULUM
Units Contents Hours
1 Introduction 10
1.1. History of the Code of Civil Procedure; Application of the Code
1.2. Definitions
1.3. Foreign Judgments; Place of suing; Transfer of Cases
1.4. Important concepts like Res-subjudice, Res-judicata
1.5. Cause of action and jurisdiction of civil courts and its types
1.6. Essentials of a suit
2 Institution of Suits 10
2.1 Institution of suit,
2.2 Pleading: Fundamental Rule of Pleadings
2.3 Parties to suit
2.4 Misjoinder of Causes of Action
2.5 Pleadings, Plaint, Return and Rejection of Plaint and written statement
set off and counterclaim, Interest and Costs
2.6 Appearance of parties and consequence of non-appearance
2.7 Discovery & Inspection
2.8 Interrogatories
2.9 Admissions
2.10 Framing of Issues
3 Death, Marriage & Insolvency and Special Suits 10
3.1 Death, Marriage & Insolvency of Parties
3.2 Suits by and against minor and persons of unsound mind
3.3 Suit by and against Government, Corporation and Military personnel
3.4 Inter-pleader Suit
3.5 Suits by Indigent Persons
4. Judgement and Execution 10
4.1 Judgement
4.2 Decree, Essential Elements of a Decree and Types of Decrees
4.3 Execution, Procedure and modes of Execution, Stay of Execution
5 Interlocutory orders, Reference, Review and Revision 10
5.1 Interim and Interlocutory Orders
5.2Appointment of Receiver
5.3 Appeals
5.4 Reference; Review; Revision
5.5 Restitution; Caveat; Inherent Powers of Courts
6 Limitation Act 10
6.1 Bar of limitation; Expiry of prescribed period; Extension of prescribed
period in certain cases; Legal disability; Disability of one of several
persons; Special exceptions.
6.2 Continuous running of time; Suits against trustees and their
representatives; Suits on contracts entered into outside the territories to
which the Act extends;
6.3 Exclusion of time in legal proceedings; Exclusion of time in cases where
leave to sue or appeal as a pauper is applied for;
Exclusion of time of proceeding bona fide in court without jurisdiction;
Exclusion of time in certain other cases;
6.4 Effect of death on or before the accrual of the right to sue;
Effect of fraud or mistake; Effect of acknowledgment in writing;
Effect of payment on account of debt or of interest on legacy;
Effect of acknowledgment or payment by another person.
Effect of substituting or adding new plaintiff or defendant;
6.5 Continuing breaches and torts; Suits for compensation for acts not
actionable without special damage; Computation of time mentioned in
instruments; Acquisition of easements by prescription.
Self-Learning Topics (Unit wise) and Self Learning Material
Sr.
No Unit Topic Reference Material
1 1.3 History of the https://legodesk.com/legopedia/code-of-civil-procedure-
Code of Civil 1908/
Procedure
2 4 Order I to Order https://www.latestlaws.com/bare-acts/central-acts-
XXX rules/civil-laws/code-of-civil-procedure-1908/cpc-order-
order-xxx/
E) RECOMMENDED READINGS/REFERENCES
1. C.K. Takwani, Civil Procedure with Limitation Act, 1963- 8th Edition, EBC
Publications
2. Dr.Rega Surya Rao, Lectures on The Code of Civil Procedure and The Limitation Act,
Asia Law House Publications
3. Dr. S.R. Myneni, Code of Civil Procedure & Limitation Act, Asia Law House
Publications
4. MULLA, The Code of Civil Procedure - 20th Edition - Set of 3 Volume - LexisNexis
Publications
5. M.P Tandon (Author), S.K Raghuvanshi ,CIVIL PROCEDURE CODE, Paperback – 1
January 2016
6. J.D. Jain, Indian Limitation Act, Allahabad Law Agency.
Statutes to be referred:
1. The Code of Civil Procedure, 1908
2. The Limitation Act, 1963
