DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SUBJECT: CIVIL PROCEDURE CODE WITH LIMITATION ACT

Vth SEMESTER: COURSE OUTLINE

Name of the Faculty: Smt. N. Bhagya Lakshmi

No. of sessions: 65

OBJECTIVE OF THE COURSE

The object of CPC is to ensure procedural regularity in civil litigation. It has to

adhere to the principles of natural justice and ensure that the parties get a fair and expeditious
trail. Procedural laws are important for the purpose of implementing and enforcing of rights,
remedies and liabilities as provided therein in the substantive laws. Civil Procedure Code is
one of the major and main procedural laws enforcement of civil rights and remedies through
civil courts. Therefore in this semester this paper is a part of study. In this paper the study
covers procedures to be followed by the civil courts from the institution of suits till the final
disposal. This course will also purse civil litigation through appellate courts, examining the
corrective steps available in civil proceedings. This course also deals with the Law of
Limitation as applicable to civil proceedings.

Along with the above syllabus the Judiciary interpretation in connection with the
provisions of different applications of procedure will be discussed.

CIVIL PROCEDURE CODE AND LAW OF LIMITATION SYLLABUS

SL.NO TOPICS AND CONTENTS SESSIONS CASE LAWS
1.1 Introduction and principle features of CPC. Parasnath Rai
1.2 Suits Parties to suits Vs
1.3 Framing and Institution & Bar of Suit. 8 State of Bihar
Unit-I 1.4 Doctrines Res Subjudice and Resjudicata AIR 2013 SC 1010
1.5 Foreign Court & Foreign Judgment
1.6 Mesne Profits- Legal representatives
2.1 Place of Suing Satyadhyan
2.2 Transfer of suit Ghosal & Ors
Unit-II 2.3 Territorial Jurisdiction. 8 Vs.
2.4 Cause of Action Deorajni Debi
2.5 Service of Summons & Foreign Summons AIR 1960 SC 941
 3.1 Pleadings contents forms Amendment. Ramji Gupta
3.2 Plaint Essentials Vs
Unit-III 3.3 Return and Rejection of plaint 10 Gopi Krishna
3.4 Production and Marking of documents. Agrawal
3.5 Written Statement AIR 2013 SC 3099
3.6 Counter Set off Issues.
4.1 Appearance and Examination of parties and Kunjan Nair
adjournments Sivaraman Nair
4.2 Ex-parte Procedure. Vs
Unit-IV 4.3 Summoning and Attendance of witness 9 Narayana Nair
Examination Admissions (2004)3 SCC 277
4.4 Production, Impounding, Return of documents
Hearing Affidavit. Dr. Subramanian
4.5 Judgment and Decree Swamy
Vs
5.1 Interim orders and stay. State of
5.2 Injunction Appointment of Receivers and Tamil Nadu &
Commissions. 8 Ors.
Unit-V 5.3 Execution Proceedings Procedure and 2014(1) SCALE 79
modes.
5.4 Arrest and Detention Attachment and sale.

6.1 Suits in particular Cases

6.2 Suits by / against Government Relating to State of Uttar
public matters. Pradesh & Anr
Unit-VI 6.3 By / against minors and Un-sound mind. 7 Vs
6.4 By indigent persons Jagdish Sharan
6.5 Interpleaded suit Agrawal & Ors.,
6.6 Incidental and Supplemental Proceedings (2009) 1 SCC 689
7.1 Appeals, Reference, Review and Revision. SBI Vs. S.N.
Unit-VII 7.2 General Provisions relating to Appeal from 6 Goyal
Original Decree, Appellate Decree. AIR 2008 SC 2594
8.1 Law of Limitation Concept and Object. Radhakrishna
8.2 General Principles and Extension. Murthy
Unit-VIII 8.3 Condonation of delay and sufficient cause. Vs
8.4 Computation of Limitation. 10 Special Dy.
8.5 Acknowledgment and part payment. collector
8.6 Legal Disability and Act Provisions. 2003(4) ALT 576
REFERENCE BOOKS

1. Mulla: Code of Civil Procedure

2. A.N.Saha: Code of Civil Procedure
3. C.K.Takwani: Civil Procedure, 4th Edi.
4. Sanjiva Raw: Code of Civil Procedure
5. B.B. Mitra: Limitation Act.
6. Sarkar S and Manohar VR Sarkar : Code of Civil Procedure (9th Edi.)
7. P. Basu: Law of Limitation.

CASE LAWS:

1. Parasnath Rai vs State of Bihar AIR 2013 SC 1010

2. Rajendra Kumar vs Kuldeep Singh & others 2014 (2) SC ALT 135 (sec. 2(2))
3. Ramji Gupta vs Gopi Krishna Agrawal AIR 2013 SC 3099 (Section 7 & 8)
4. Kunjan Nair Sivaraman Nair Vs Narayana Nair (2004)3 SCC 277 (the meaning of
cause of action explained)
5. Dr. Subramanian Swamy Vs state of Tamilnadu & Ors. 2014(1) SCALE 79(scope of
principle of resjudicata explained)
6. Satyadhyan Ghosal & Ors. Vs Smt. Deorajin Debi & Anr. AIR 1960 SC 941
7. Abdul Rehman Vs Prasoni Bai & Anr. AIR 2003 SC 718
8. State of Haryana Vs Kartar Singh (2013)11 SCC 375(sec.24)
9. SBI Vs S. N. Goyal AIR 2008 SC 2594(sec.100 substantial question of law)
10. Dwaraka Prasad Agarwal & Anr. Vs Ramesh Chandra Agrawala & Ors. AIR 2003 SC
2696
11. State of Andhra Pradesh Vs Manjeti Lakshmi Kantha Rao AIR 2000 SC 2220
(Jurisdiction of Civil Court Explained sec.9)
12. Kanbi Manji Abji & Ors. Vs Kanmbi Vaghji Mavji & Ors. AIR 1993 SC 1163
13. Sarda Syedna Taher Saifuddin Vs State of Bombay AIR 1962 SC 853
14. State of Uttar Pradesh & Anr. Vs Jagdish Sharan Agrawal & Ors., (2009) 1 SCC
689(where the matter has not been decided on merit earlier, the doctrine of resjudicata
is not applicable.)
15. Delhi administration Vs Gurudeep Singh Uban AIR 2000 SC 3737(the term Justice
was explained)
16. Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54, (Supreme
Court laid down 3 exceptions to the rule of Res Judicata: (i) When judgment is passed
without jurisdiction: (ii) When matter involves a pure question of law: (iii) When
judgment has been obtained by committing fraud on the Court.

17. Collector of Central Excise, Kanpur v. Flock (India) (P) Ltd., Kanpur, AIR 2000 SC
2484

18. Vithal (P) Ltd. v. Union of India & Ors., AIR 2005 SC 1891. (The Court cannot
derive jurisdiction apart from the Statute. No amount of waiver or consent can confer
jurisdiction on the Court if it inherently lacks it or if none exists)

19. Swastik Gases Pvt. Ltd. v. Indian Oil Corporation Ltd., (2013) 9 SCC 32).

20. Shree Subhlaxmi Fabrics (P) Ltd. V. Chand Mal Baradia & Ors., AIR 2005 SC
2161(The Court is bound to determine exclusively jurisdictional issue before granting
relief.)

21. Abdul Rahman V. Prasony Bai & Anr., AIR 2003 SC 718.( explains grounds for
transfer of proceedings)

22. Gyanmati Yadav v. Ram Sagar Yadav, (2013) 14 SCC 621.( inconvenience of a party
cannot be a ground for transfer)

23. Radhakrishna Murthy Vs Special Dy. Collector 2003(4) ALT 576 (sec. 5 of
Limitation Act)

24. AP State Electricity Board Vs Cantonment Board 1976(1) APLJ 269 (claim not made
within 3 years by mistake of the plaintiff. Extension of the period of Limitation
cannot be claimed under sec.17 of Limitation Act)

25. B.K.N. Pillai Vs P. Pillai & Anr. AIR 2000 SC 614 (the Supreme Court observed that
where an amendment is found to be necessary for promoting the ends of justice and
not for defeating the same the application should be allowed)