Fifth Year B.A. LL.B. - Semester IX
Fifth Year B.B.A. LL.B. - Semester IX
Third Year LL.B. - Semester V
LC 0901 Civil Procedure Code :
Go to Assignment LLB I Sem V
Objectives of
the Course : The Civil Procedure
Code, 1906 is subject of daily use by the Civil Courts and lawyers. Students
cannot afford to have scant knowledge of civil procedure when he goes out to
practice as a lawyer. It is necessary to have good grounding in the subject
before one enters the profession. The substantive law determines the rights of
persons affected by action. The main objective of this course is to give to a
student a thorough knowledge of procedural law especially related to working of
civil courts and other adjudicating authorities.
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Module 01 |
Preliminary, Institution of Suits, Bar to Jurisdiction, Maintainability: 1.
Objects, purposes and History of the Code of Civil Procedure 2.
Definitions : decree, decree-holder, district, judge, judgment, judgmentdebtor, legal representative, mesne profits, order 5.
Place of suing, Institution of suits 6.
Res judicata and Res subjudice 7.
Parties to a suit, Joinder, misjoinder and non-joinder of parties 8.
Recognised agents and pleaders, Effect of death, marriage and insolvency of parties |
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Module 02 |
Summons and Pleadings : View Notes 1.
Issue of summons and documents, Purpose of
issuing summons, Service of summons, persons who can serve summons, mode of
service, on whom can it be served, substituted service, service on defendant
outside jurisdiction of the court, Effect of not taking steps to serve
summons, effect of non appearance of defendant after being served, exemption
from appearance 2.
Pleadings, purpose, forms, particulars in
pleadings, mandatory particulars, Verification, amendment of pleadings 3.
Plaint, particulars, contents, relief, grounds
of relief, admitting plaint 4.
Return of plaint, Rejection of plaint, Effect
of return and rejection of plaint, Accompaniments to plaint: Documents,
Address |
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5.
Written statement, admission and denials,
Counter claim, Set off, Grounds of defence 6.
Registered addresses of parties, Appearance of
parties and consequence of non-appearance, setting aside ex-parte decrees |
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Module 03 |
Preliminary Procedures, Issues, Hearing and Judgment and Orders : 1.
Examination of parties by court, Discovery and
inspection 2.
Admissions and effect, Production, impounding
and return of documents 3.
Framing of issues, effect if parties not at
issue 4.
List of witnesses, Summons to witness,
Expenses of witness, Witness to give evidence and production of documents 5.
Hearing of suit, Right to begin, Order of
appearance of witnesses, 6.
Manner of taking evidence, Language, Recording
questions and answers and objections, Demeanour of witness, recording
evidence on commission, Affidavits and personal attendance, Adjournments 7.
Withdrawal and adjustment of suits, Payment
into court 8.
Judgment, Its contents, Decision on each issue
9.
Interest and Costs, Compensatory costs, Costs
for causing delay 10. Inherent
powers of a court, Open court and in
camera proceedings |
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Module 04 |
Interlocutory,
Incidental and Supplemental Proceedings : 1.
Commissions 2.
Settlement of disputes outside Court 3.
Arrest and attachment before judgment,
Security for costs 4.
Interim injunction 5.
Interlocutory orders 6.
Receivers 7.
Caveat |
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Module 05 |
Decrees and
Execution of Decrees : 1.
Decree, Meaning, Purpose, Court which passed
the decree, Decrees granting particular reliefs 2.
Execution of decrees, court by which decree
will be executed, Transfer of decree, Persons by whom and against whom decree
can be executed, Transferees, Legal representatives 3.
Payment under decree, Procedure of executing a
decree, Issue of process, Stay of execution 4.
Property that can or cannot be attached 5.
Modes of execution of different kinds of
decrees, Attachment and Garnishee order, Sale, Arrest and detention 6.
Questions to be determined by executing court,
Resistance or obstruction to execution |
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Module 06 |
1.
Summary Suits 2.
Suits by or against government and public
officers 3.
Suits by aliens and foreign states |
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4.
Suits by or against corporations, partnership
firms, persons carrying on business in names other than their own. 5.
Suits by or against minors, lunatics 6.
Suits by indigent persons 7.
Interpleader suits |
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Module 07 |
Appeals, Revision and Review, Recognition of Judgments : 1.
Appeals from original and from appellate
decrees, Appeals to Supreme Court 2.
Appeals from orders 3.
Powers of Appellate Courts, Procedure in
appeals, Filing appeal, Stay of proceedings or execution, Hearing, Judgment
and decree in appeal 4.
Reference, review and revision 5.
Recognition of foreign judgments |
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Module 08 |
1.
Objects, Purposes and Definitions under the
Act 2.
Bar of limitation, Prescribed period and the
Schedule, Continuous running of time, Special period of limitation for the
government, Application to arbitration proceedings 3.
Extension of period : court closed, for
sufficient cause, legal disability, no bar in suits against trustees 4.
Computation of period of limitation, Exclusion
of time, Effect of death, defendant being out of India, fraud and mistake 5.
Effect of acknowledgment in writing and
payment on account of debt 6.
Adverse possession - acquisition of ownership
by possession |
Recommended Readings :
1. Mulla,
Code of Civil Procedure, Universal
Law Publishing, Delhi.
2. C.K.
Thakker, Code of Civil Procedure,
Universal Law Publishing, Delhi.
3. Majumdar
P.K. and Kataria R.P. Commentary on the
Code of Civil Procedure, 1908, Universal Law Publishing, Delhi.
4. Shah
A.N. The Code of Civil Procedure,
Universal Law Publishing, Delhi.
5. Sarkar's
Law of Civil Procedure, Universal Law
Publishing, Delhi.
6. Sukumar
Ray, Textbook on the Code of Civil
Procedure, Universal Law Book Co.
7. Avtar
Singh, Code of Civil Procedure,
Central Law Publication, Allahabad.
8. Jain
M P, The Code of Civil Procedure,
Wadhwa, Nagpur.
9. Mathur
D. N., The Code of Civil Procedure,
Central Law Publication, Allahabad.
10. Shailendra
Malik, Code Of Civil Procedure, 27 th
Edition, 2011, Allahabad Law Agency.
11. Sarkars
Commentary on The Civil Procedure Code,
Dwivedi, Allahabad Law Agency.
12. Taxmann’s,
The Code of Civil Procedure 1908.
13. Medha
Kolhatkar, M.P. Jain’s Civil Procedure
Code, 5th Edition, LexisNexis.
14. K.
Takwani: Civil Procedure, 4th
Edition, Eastern Book Co., Lucknow, 2007.
15. Mulla,
Code of Civil Procedure : Tripathi
(Abridged Edition), and (Student Edition).
16. Sanjiva
Row : Code of Civil Procedure, 3 rd
Edn, (in 4 Vols), Law Book Co., Allahabad.
17. U N
Mitra, Tagore Law Lectures - Law of Limitation and Prescription,
LexisNexis, 14th ed, 2016.
18. T R
Desai, Commentary on the Limitation Act,
11th ed, Universal Law House, 2016.
19. Shriniwas
Gupta, The Limitation Act, 3rd ed,
Universal Law House, 2016.
20. B B
Mitra’s Limitation Act, 23rd ed, M R
Mallick (ed), Eastern Law House, 2014.
21. S.
R. Myneni, Law of Limitation, Asia
Law House, Hyderabad 90 LL.B. Semeste.
22. P.K.
Mukharjee, Limitation Act, Allahabad
Law Agency.
23. Medha
Kolhatkar, Commentary on Limitation Act
by T.R. Desai, LexisNexis.
24. Sanjiva
Row: Limitation Act, 7th Edn. (2
Vols), Law Book Co., Allahabad, 1973.
25. M.R.
Mallik (ed), B.B. Mitra on Limitation Act
(1998) Eastern, Lucknow.
Note for Syllabus of all Subjects :
1. The students are advised to refer latest editions of the books / readings recommended. The list of recommended readings is given for the general information and understanding of the students. However, students are advised to refer any other standard book or other material available. In case student finds no recommended readings for any topic of the syllabus, the students may refer any standard book or other material available. The students are also advised to refer E-Resources.
2. The students shall also refer and study the latest amendments in the concerned law. Such amendment in law shall become a part of a syllabus of concerned subject and shall be operative with effect from the academic year immediately next to the academic year in which amendment in the concerned law becomes operative.
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