Format No. QSP/7.1/01.

F01 (C)
Issue No.04 Rev. No. 5 Dated: July 27, 2017

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

School of Law
Dehradun

COURSE PLAN

Programme : B.A., LL.B. (Hons.) Energy Laws (Semester IV);

B.A. LL.B. (Hons.) Labour & Criminal Laws (Semester IV)
B.B.A., LL.B. (Hons.) Corporate Laws (Semester IV);
B.B.A., LL.B. (Hons.) BIF/ITIL (Semester IV)
Subject : The Code of Civil Procédure and Law of limitation

Session : January-May, 2018

Batch : 2016-2021

Subject Code : LLBL 131

No. of credits : 04

Prepared by : Mr. Saksham Pradyot (Visiting Faculty)

Email : sakshampradyot@yahoo.com

Approved By

_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137

“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN
Subject: The Code of Civil Course: B.A. LL.B. (Hons.)
Procedure & Indian Labour & Criminal Laws
Limitation Act (Semester IV)

Duration: January-May 2018 Subject code: LLBL 131

ABOUT THE SUBJECT:

Law has been broadly classified into two groups: (1) Substantive law
and (2) Procedural law. The substantive law determines the rights and liabilities of parties
whereas procedural law prescribes the practice, procedures and machinery for the enforcement of
those rights and liabilities. The Code of Civil Procedure is a procedural law which regulates the
procedure followed in civil courts. A student of law should know the procedural law for the
enforcement of civil rights and liabilities of the parties. An extensive and widely curriculum is
offered to the student to know the same so that they become well aware about the procedure
followed in the civil courts. Apart from this they should also know about the law of limitation as
the law cannot wait for the enforcement of the rights forever.

OBJECTIVES

As it is procedural law which puts life into the substantive law by providing a
remedy and justifies the well-known maxim ubi jus ibi remedium that is where there is a right
there is a remedy, it is extremely important to make the students understand the procedural
aspects of the civil law. Be it a matter of contract, property, family dispute or any dispute of civil
nature, the procedure followed by the Indian courts would be the Code of Civil procedure. The
entire course structure is designed with three objectives in view:
i) To provide adequate knowledge about procedures/rules of litigation in the civil courts.
The students ought to be aware of the procedural aspects of the enforcement of civil
rights in the Indian courts.

School of law January-May 2018

 ii) To give an overview of law of limitation for institution of suit, appeal, review,
reference etc because the Law assists the vigilant and not those who sleep over the
rights.
iii) To view some of the current problems arising out of the procedural technicalities like
delay in getting order, Judgment and decree in civil litigations. In some civil cases, even
generations pass but no final decision comes out from the court which is now a point of
discussion in the society. To apprise the students with latest amendments in the Code of
Civil Procedure is also one of the main objects.
iv) Finally to brief them about the nuances of the Civil Procedure and inculcate in them the
basic traits of civil practise.

LEARNING OUTCOME:
After the completion of the subject the students would be able to understand:
I. The procedural aspects of the Civil laws in India
II. The different stages in a civil litigation so that they can be able to practice well in the
civil side.
III. It is important to understand how to apply the law and thus the emphasis would not
only be on apprising them with the theoretical concepts of the procedural law but also
make them skilled with the application of the same.
IV. The idea is to make them aware with the civil courts hierarchal setup in India along
with the different stages of a suit filing, drafting, hearing and execution proceedings.
V. Also the students would understand the importance of the law of limitation as the law
supports only vigilant and not the dormant, who sleeps over his rights.

School of law January-May 2018

 Program Specific Intended Students Learning Outcomes (PSISLOs) for B.A LL.B. (Hons.)
Criminal Law

Program Specific Course’s Students would The The students The idea is The
ISLOs for B.A, Intended be able to students will be able to to make students
LL.B (Hons) Student understand the will be able apply the law them aware would
Criminal Law Learning procedural to explain and thus the with the understand
Outcomes aspects of the the different emphasis civil courts the
Civil laws in stages in a would not only hierarchal importance
India. civil be on setup in of the law
litigation so apprising India along of
that they them with the with the limitation
can be able theoretical different as the law
to practice concepts of the stages of a supports
well in the procedural suit filing, only
civil side law but also drafting, vigilant
make them hearing and not the
skilled with and dormant,
the application execution who sleeps
of the same. proceedings over his
rights.
Students will be able to
conceptually explain the
fundamentals of law with
comparative understanding of     
legal systems in interface with
Criminal administration and
regulation in India.
Students will be able to assess the
socio-economic aspects of
criminal justice system essential
 
for criminal law professionals.
Students will demonstrate
effective application of legal
principles and conceptual    
understanding of law to the issues
of criminal justice administration.
Students will be able to exhibit
effective lawyering skills with
respect to criminal law by
employing legal research,
  
analysis, rationalization and
critical-thinking ability.

School of law January-May 2018

Students will demonstrate
effective oral and written
communication skills in the   
professional context.
Students will demonstrate strong
insight of the practices, issues and
legal challenges in the field of
  
criminal justice system.
Students will be able to apply the
laws relevant to socio-economic
crimes, domestic violence,
violence against women, sexual     
abuse, criminal trial, forensic
science, hi-tech crimes and
related due diligence.
Students will demonstrate
sensitivity towards ethical and
moral issues and have ability to
address them in the course of
    
profession in criminal justice
system.
Students will exhibit leadership,
team building and networking
skills in legal world.
    

School of law January-May 2018

Program Specific Course’s Students would The The students The idea is The
ISLOs for B.A, Intended be able to students will be able to to make students
LL.B (Hons) Student understand the will be able apply the law them aware would
Labour Law Learning procedural to explain and thus the with the understand
Outcomes aspects of the the different emphasis civil courts the
Civil laws in stages in a would not only hierarchal importance
India. civil be on setup in of the law
litigation so apprising India along of
that they them with the with the limitation
can be able theoretical different as the law
to practice concepts of the stages of a supports
well in the procedural suit filing, only
civil side law but also drafting, vigilant
make them hearing and not the
skilled with and dormant,
the application execution who sleeps
of the same. proceedings over his
rights.
Students will be able to
conceptually explain the
fundamentals of law with
comparative understanding of
    
legal systems in interface with
industry and labor sector.
Students will be able to assess the
socio-economic aspects of labor
industry and labor regulations
 
essential for law professionals.
Students will demonstrate
effective application of socio-
economic skills and conceptual    
understanding of law to the issues
of labor sector.
Students will be able to exhibit
effective lawyering skills with
respect to labor and industry
issues by employing legal
  
research, analysis, rationalization
and critical-thinking ability.
Students will demonstrate
effective oral and written
communication skills in the   
professional context.

School of law January-May 2018

Students will demonstrate strong
insight of the practices, issues and
legal challenges in the field of
  
industrial world.
Students will be able to apply the
laws relevant to industrial
relation, employee-employer
relations, minimizing industrial     
disputes, minimizing labor unrest,
managing labor migration and
related due diligence.
Students will demonstrate
sensitivity towards ethical and
moral issues and have ability to     
address them in the course of
profession in industrial world.
Students will exhibit leadership,
team building and networking     
skills in legal world.

Course's Continuous Continuous Continuous Continuous Continuous Continuous

Intended Evaluation Evaluation Evaluation Evaluation Evaluation Evaluation
Student Tools Tool 1 Tool 2 Tool 3 Tool 4 Tool 5
Learning
Outcomes
For LLBL Class Test Assignment Project + Subject Attendance
131 Presentation Grand Viva

Students would be able to

understand the procedural     
aspects of the Civil laws in
India.
The students will be able to
explain the different stages
in a civil litigation so that    
they can be able to practice
well in the civil side.

School of law January-May 2018

 The students will be able to
apply the law and thus the
emphasis would not only be
on apprising them with the
theoretical concepts of the
    
procedural law but also
make them skilled with the
application of the same.

The idea is to make them

aware with the civil courts
hierarchal setup in India
along with the different     
stages of a suit filing,
drafting, hearing and
execution proceedings.

The students would

understand the importance
of the law of limitation as
the law supports only     
vigilant and not the
dormant, who sleeps over
his rights.

COURSE OUTLINE

The course has been divided into the following 6 modules:

Module I: An Introduction to the Code of Civil Procedure: Key Concepts

 Suit of a civil nature
 Jurisdiction of Civil Courts and Kinds of jurisdictions
 Subject matter jurisdiction
 Pecuniary jurisdiction
 Territorial jurisdiction
 Res judicata S.11
 Res subjudice S. 10
 Foreign judgment S. 13, S. 14
 Joinder of parties O I R 1
 Joinder of cause of action O II R 2

Module II: Pleadings and Procedure thereafter: Plaint, Written Statement etc.
 Rules of pleading
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  Signing of pleading
 Verification of pleading
 Rules of writing plaint (O VI)
 Rejection of plaint (O VII R11)
 Return of plaint (O VII R10)
 Amendment of pleading (O VI R17)
 Interpleader suit (S.88 and O XXXV)
 Representative suit (O I R8, S11 Explanation VI)
 Appearance and Non-appearance of parties (O IX)
 Examination of parties (OX)
 Alternate Dispute Resolution
 Settlement of issues (OXIV)
 Written Statement (OVIII)
 Set off
 Counterclaim
 Disposal of suit on the first hearing (O XV)
 Withdrawal and Adjustment of suit (OXXIII)

Module III: Appeal, Reference, Review and Revision

 Difference between decree, order and judgment
 Appeal
 Reference
 Revision and Review

Module IV: Particular Suits and Miscellaneous

 Suit by or against government O XXVI
 Suit by or against Minors
 Suit by an Indigent person
 Interpleader Suit
 Summary Suit (OXXXVII CPC)
 Special Proceedings: Arbitration S. 89
 Caveat (S.148A CPC)
 Inherent powers of the court (S.151 to S.153 CPC)
 Costs
 Temporary Injunction O XXXIX
 Abatement
 Receiver O L

Module V: Execution Proceedings

 Purpose of execution
 Stay of execution
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  Restitution
 Decree court and executing court
 Questions determined by executing court
 Garnishee
 Rateable distribution
 Resistance to execution
 Arrest
 Attachment
 Sale

Module VI: Law of Limitation

 Introduction
 Difference between prescribed period and period of limitation (S.3 Limitation Act)
 When court is closed on the last day (S.4 Limitation Act)
 Condonation of delay (S.5 Limitation Act)
 S.6, 8 and 9 Limitation Act
 Jointly entitled to file suit (S.7 Limitation Act)
 S.12 Limitation Act
 Exclusion of time proceeding bona fide in court without jurisdiction (S.14
Limitation Act)
 S. 15, 16 and 17 Limitation Act

Apart from the above mentioned legal provisions, other aspects will be covered while
discussing Code of Civil Procedure itself due to the need of establishing a nexus between these
two connected areas of Law.
PEDAGOGY

Teaching of this course will take place in the form of lectures and participation of the
students in group discussion. Students shall be advised in advance to prepare the topic for
discussion in the class. Case analyses method will also be used to get an in-depth understanding
of the subject. All the students are expected to carry a Bare Act of 1908 with them daily.
The modes would be

 Lecture
 Presentations
 Case studies
 Examples
 Assignments
 Projects
 Group Discussion

D. COURSE COMPLETION PLAN

School of law January-May 2018
Lectures: 4 h/week, which can be extended depending on free slots. Students will be informed
about the same.

Total hours per week: 4 contact hours per week would be used. Extra classes would be held as
per the requirement for problem-solving exercises, clearing doubts and guiding assignments.

E. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 5 components):

Description Weight age Schedule:-

1. Continuous Assessment 30% Detailed Below

Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the
following 5 components:
a. Assignment (written and oral) 20 Marks
b. Attendance 20 Marks
c. Project work 20 Marks (Abstract, final draft and Viva)
d. Subject grand viva 20 Marks
e. Class presentation and participation 20 Marks

Formula for attendance marks:

67-74.9 % 0 Marks
75-79.9% 5 Marks
80-84.9% 10 Marks
85-89.9% 15 Marks
90%-100% 20 Marks

Details of Internal Assessment:

a) Surprise tests:
i. Two surprise tests will be conducted, the schedule of which will be informed to the
students a day before each of the test.
School of law January-May 2018
 ii. Each class test would be carrying 10% weightage. Therefore, class tests would carry
20% weightage i.e. 20 marks.
iii. It may contain multiple choice questions or short questions/key terms covering modules
as specified in the course plan and research paper/ cases covered in the course pack to
ascertain whether the students could understand the basic concepts or not (max. 60
Minutes each).
b) Assignment:
i. Assignment will be given on the pattern of End Term Examination, it must be hand
written, must be submitted/ presented on a definite date.
ii. The assignment is attached with the course plan as Annexure-1.
iii. It will have 20% weightage.
c) Projects/Presentations
i. Students will be divided in a group of ¾ (depending on the strength of the batch).
ii. Each group will be allotted a Project Topic of their choice out of the List of Project
Topics attached with the course plan and prepare the project as per the guidelines
attached herewith as Annexure- II.
iii. Every student would be expected to go through the primary/secondary data and with
subsequent analysis/interpretation, prepare a Project Report of min. 10 pages and max.
20 pages.
iv. The project would carry 20% weightage in Internals.
v. Viva-voce will be conducted for each group, but marks will be allotted to the student on
the basis of their individual performance.

d) Subject Grand Viva –voce

Viva-voce would be conducted for each student for evaluating his/her subject knowledge and
practical learning in the class and questions may be based on the research papers/ cases / projects/
assignments etc, and would carry 20% weightage
e) Students are encouraged to review research papers and write/publish papers jointly
with the faculty.

2. Mid- Sem Examination: 20% Weightage

Mid- Sem examination shall be of two hour duration and shall be a combination of
objective questions, short theory questions and problem based questions.

3. End -Sem Examination: 50% Weightage

End-Sem examination shall be of three hours duration. The examination paper shall have
objective questions, short theory questions and problem based questions.

Pass Criterion: minimum 40% of the highest marks in the class

School of law January-May 2018

 Student has to secure minimum 40% marks of the “highest marks in the class scored by
a student in that subject (in that class/group class)” individually in both the ‘End-Semester
examination’ and ‘Total Marks’ in order to pass in that paper.

Attendance

Students are required to have minimum attendance of 75% in each subject. Students with
less than said percentage shall NOT be allowed to appear in the end semester examination.

Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in classes
during Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room.

E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to
access the LMS system regularly. Regularly, important information – Date of conducting class
tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The
best way to arrange meetings with us or ask specific questions is by email and prior appointment.
All the assignments preferably should be uploaded on LMS. Various research papers/reference
material will be mailed/uploaded on LMS time to time.

F. DETAILED SESSION PLAN

SESSIO P PEDAGOGY
TOPIC READINGS
N
 Introduction to the
subject Course Plan
Lecture
 Orientation of the
Whiteboard marker
students The Scheme of The Code of Civil Procedure,
1. Examples
 Scope of the Act and 1908 and The Indian Limitation Act
Discussion
discussion about the Ghanshyam Dass v. Dominion of India AIR
Random Questions
course plan 1984 SC

MODULE 1: An Introduction to Code of Civil Procedure

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 Page 41 to 62 of C.K. Takwani, Civil
Procedure with Limitation Act 1963 (7th edn.)
Eastern Book Co.(2011) (hereinafter Book 1) Lecture
Whiteboard
Case Study: Examples
 Suit of a civil nature Discussion
2. Most Reverand PMA Mtropolitan v. Moran Random Questions
Mar Mathoma (1995 SC) Reflections
Dhula Bhai v. State of MP (1968 SC)

State of Tamil Nadu v. Ramalingam (1985 SC)

Page 142 to 156 of Book 1 Lecture

 Jurisdiction of Civil
Whiteboard
Courts and Kinds of Case Study:
Examples
jurisdictions
Hakam Singh v. Gamon India Ltd. 1971 SC Discussion
 Subject matter
Random Questions
3. jurisdiction Patel Roadways v. Prasad Trading Co. 1992
 Pecuniary jurisdiction SC
 Territorial
jurisdiction Harshad Chaman Lal Modi v. DLF Universal
Ltd. (2005 SC)

Kiran Singh v. Chaman Paswan (1954 SC)

Page 64 to 127 of Book 1

Case study:
Lecture
Sulochana Amma v. Narayanan Nair(1994) 2 Whiteboard
 Res judicata S.11 SCC
4. Examples
Discussion
Rajendra Kumar v. Kalyan (dead) by LR’s
Random Questions
Isabella Johnson (Smt) v. Susai (Dead) by LR
(1990 SC)

Ram Govind v. Bhakta Bala AIR 1971 Lecture

Whiteboard
5.  Res judicata S.11 State of UP v. Nawab Hussain 1977 SC Examples
Discussion
Random Questions

School of law January-May 2018

 Lecture
Whiteboard
 Res subjudice S. 10 Radha Devi v. Deep Narayan 2003 SC Examples
6.
Discussion
Manohar Lal v. Seth Hiralal 1962 SC Random Questions

Page 158 to 170 of Book 1

Lecture
 Joinder of parties O I R Case study:
Whiteboard
1
7. Examples
 Joinder of cause of Ramesh Hira Chand v. Municipal Corporation
Greater Bombay (1992 SC) Discussion
action O II R 2
Random Questions
Balwant N Vishwamitra v. Yadav Sadashiv
Mule through LRs (2004 SC)

Page 129 to 142 of Book 1

Case Study: Lecture

Whiteboard
 Foreign judgment S. 13, International woolen mills v. Standard Wool
8. Examples
S. 14 UK Ltd (2001 SC)
Discussion
Y Narasimha Rao v. Y Venkatlakshmi (1991 Random Questions
SC)

MODULE 2: Pleadings and Procedure thereafter: Plaint, Written Statement etc.

 Rules of pleading Page 192 to 226 of Book 1

 Signing of pleading Case Study: Lecture
 Verification of Whiteboard
9. pleading Salem Advocates case Examples
 Amendment of pleading Discussion
(O VI R17) Bhikaji Keshav Joshi v. Brijlal Nand Lal (1955 Random Questions
SC)

Page 239 to 242 of Book 1

 Rules of writing plaint Case Study: Lecture

(O VI) Whiteboard
 Rejection of plaint (O Roop Lal Seti v. Nacchatar Singh Gill (1982 Examples
10.
VII R11) SC)
Discussion
Popat and Kotecha Properties v. SBI Staff Random Questions
Association (2005 SC)

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 Mayar HK Ltd. v. Owners and Parties MV
Fortune Express (2006 SC)

Lecture
Whiteboard
 Return of plaint (O VII Page 239 to 242 of Book 1
11. Examples
R10)
Discussion
Random Questions
Page 257 to 273 of Book 1

Case study:
Lecture
 Written Statement Salem advocates case
Whiteboard
(OVIII)
12.
 Set off Rani Kusum v. Srimati Kanchan Devi (2005 Examples
Discussion
 Counterclaim SC)
Random Questions
Rn Jaidi and Bros v. Subhash Chandra (2007
SC)

Page 274 to 290 of Book 1 Lecture

 Appearance and Non-
Whiteboard
appearance of parties (O Case study:
13 Examples
IX)
Malkirat Singh v. Joginder Singh (1997 SC) Discussion
Ex Parte Orders
Random Questions
 Examination of parties
(OX) Page 291 to 296 of Book 1
 Alternate Dispute Lecture
Resolution Case study: Whiteboard
14.  Settlement of issues Afcons Infrastructure Ltd. and Anr v. Cherian Examples
(OXIV) Varkey Construction Co. Pvt. Ltd. and Ors. Discussion
 Disposal of suit on (2010 SC) Random Questions
the first hearing (O
XV)
Lecture
 Withdrawal and Whiteboard
15. Adjustment of suit Page 369 to 380 of Book 1 Examples
(OXXIII) Discussion
Random Questions
 Interpleader suit (S.88 Lecture
and O XXXV) Page 170 to 180 of Book 1 Whiteboard
16.
 Representative suit (O I Examples
R8, S11 Explanation VI) Discussion
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 Random Questions

17. Class test I

MODULE 3: Appeal, Reference, Review and Revision

Page 409 to 422 of Book 1

Case study:
Lecture
Balwant N. Vishwamitra v. Yadav Sadashiv Whiteboard
Decree order and Judgment Mule (2004 SC) Examples
18
Vasudev Ramji Bhai Modi v. Raja Bhai Abdul Discussion
Rahman (1970 SC) Random Questions

Rafiq Bibi v. Syed Waliuddin (2004 SC)

Lecture
Whiteboard
19 Appeal Page 473 to 562 of Book 1 Examples
Discussion
Random Questions
Lecture
Whiteboard
20 Appeal continued Page 473 to 562 of Book 1 Examples
Discussion
Random Questions
Lecture
Whiteboard
21. Reference and Review Page 563 to 611 of Book 1 Examples
Discussion
Random Questions
Lecture
Whiteboard
22. Revision Page 563 to 611 of Book 1 Examples
Discussion
Random Questions

MODULE 4: Particulars Suits & Miscellaneous

Lecture
 Suit by or against
Whiteboard
government O XXVI
23. Page 369 to 380 of Book 1 Examples
 Interpleader Suit
Discussion
Random Questions

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  Suit by or against Lecture
Minors Whiteboard
24  Suit by an Indigent Page 401 to 445 of book 1 Examples
person Discussion
Random Questions
Lecture
 Caveat (S.148A CPC)
Whiteboard
 Inherent powers of the Page 751 to 757 of Book 1
Examples
25. court (S.151 to S.153
Page 459 to 463 of Book 1 Discussion
CPC)
Random Questions

Lecture
 Costs
26. Examples
Discussion
Lecture
Whiteboard
 Temporary Injunction O Page 419 to 423 of Book 1
Examples
27. XXXIX
Page 343 of Book 1 Discussion
Random Questions

Lecture
Whiteboard
 Abatement Page 381 to 395 of Book 1 Examples
28.  Receiver O L Discussion
Page 362 to 368 of Book 1 Presentation
Random Questions

Lecture
Whiteboard
 Summary Suit State of Orrissa v. Chaman Lal 1965 SC Examples
29. (OXXXVII CPC) Discussion
Ramkarsan Das v. Bhagwandas 1965 SC Presentation
Random Questions

MODULE 5: Execution Proceedings

Lecture
Whiteboard
 Purpose of execution Page 615 to 725 of Book 1
30. Examples
Kiran Singh v. Chaman Paswan 1954 SC
Discussion
Random Questions
 Stay of execution Lecture
31  Restitution Page 615 to 725 of Book 1 Whiteboard
Examples

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 Discussion
Random Questions
Lecture
 Questions determined
Whiteboard
by executing court
32. Page 615 to 725 of Book 1 Examples
 Decree court and
Discussion
executing court
Random Questions
Lecture
Whiteboard
 Rateable distribution
33 Page 615 to 725 of Book 1 Examples
Discussion
Random Questions
Lecture
 Resistance to execution Whiteboard
34 Page 615 to 725 of Book 1 Examples
Discussion
Random Questions
Lecture
Whiteboard
 Garnishee
35 Page 615 to 725 of Book 1 Examples
Discussion
Random Questions
Lecture
Page 615 to 725 of Book 1 Whiteboard
 Arrest
36 Examples
Jolly Vergese v. Bank of Cochin 1980 SC Discussion
Random Questions

Lecture
Whiteboard
 Attachment
37 Page 615 to 725 of Book 1 Examples
Sale
Discussion
Random Questions

38 Class Test II

MODULE 6: Law of Limitation

Lecture
Whiteboard
39  Introduction J. D Jain’s Law of Limitation Examples
Discussion
Random Questions

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  Difference between Lecture
prescribed period and Whiteboard
40 period of limitation (S.3 Examples
Limitation Act) Discussion
Random Questions
 When court is closed on Lecture
the last day (S.4 Whiteboard
Limitation Act) J. D Jain’s Law of Limitation
41 Examples
 Condonation of delay Collector Anantnag v. Katiji Discussion
(S.5 Limitation Act) Random Questions

 S.6, 8 and 9 Limitation J. D Jain’s Law of Limitation Lecture

Act Whiteboard
42  Jointly entitled to file C.K. Takwani, Civil Procedure with Limitation Examples
th
suit (S.7 Limitation Act) Act 1963 (7 edn.) Eastern Book Co.(2011) Discussion
Random Questions
Lecture
J. D Jain’s Law of Limitation Whiteboard
 S.12 Limitation Act C.K. Takwani, Civil Procedure with Limitation Examples
Act 1963
43
(7th edn.) Eastern Book Co.(2011) Discussion
Random Questions
 Exclusion of time Lecture
proceeding bona fide in J. D Jain’s Law of Limitation Whiteboard
court without C.K. Takwani, Civil Procedure with Limitation Examples
Act 1963
44
jurisdiction (S.14 (7th edn.) Eastern Book Co.(2011) Discussion
Limitation Act) Random Questions
Lecture
 S. 15, 16 and 17 J. D Jain’s Law of Limitation Whiteboard
45 Limitation Act C.K. Takwani, Civil Procedure with Limitation Examples
Act 1963
th
(7 edn.) Eastern Book Co.(2011) Discussion
Random Questions

Discussion
46 Revision Class Complete Syllabus
Random Questions

47 Grand Viva Complete Syllabus

48 Grand Viva Complete Syllabus

G. SUGGESTED READINGS:

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 G :1 TEXTBOOKS:
 Justice CK Thakkar: The Code of Civil Procedure
 Dr. Avtar Singh: Code of Civil Procedure
 Tandon: The Code of Civil Procedure
 MP Jain: The Code of Civil Procedure
 TP Tripathi: The Code of Civil Procedure

G:2 Articles
 Section 89 CPC: Need for an Urgent Relook: By Justice RV Ravenndran: (2007) 4
SCC(JOUR)
 Brochure on Jurisdiction of Civil Court & ITS BAR, by: Justice S.U. Khan
 Legal and Judicial Reform in India: A Call for Systemic and Empirical Approaches,
Sudhir Krishnaswamy,Sindhu K Sivakumar & Shishir Bail, (JOURNAL OF
NATIONAL LAW UNIVERSITY, DELHI, Vol.2, August 2014, Number 1
 'Interpleader Suits' - Section 88 Read with Order XXXV of the Code of Civil
Procedure, 1908: Analysis: By Shivam Goel (December 4, 2016). Available at
SSRN: https://ssrn.com/abstract=2880116 or http://dx.doi.org/10.2139/ssrn.2880116

G: 3 REFERENCE BOOKS/STATUTES
 Mulla : The Code of Civil Procedure
 UN Mitra - Law of Limitation
 Prof. JD Jain- Law of Limitation
 Keshari- Law of Limitation

G 4:STATUTES:
 The Code of Civil Procedure 1908-Bare Act.
 The Code of Civil Procedure (Amendment) Act 1999(46 of 1999).
 The Code of Civil Procedure (Amendment) Act 2002(22 of 2002).
 The Indian Limitation Act

CASE STUDY:

Satyendra Kumar v. Raj Nath Dubey, 2016 SCC OnLine SC 478

The City Municipal Council Bhalki vs. Gurappa (d) By Lrs and another, 2016-3-L.W.1

Raghavendra Swamy Mutt vs. Uttaradi Mutt, (2016) 4 MLJ 10 (SC)

S.K.M. Egg Products Exports (India) Ltd. vs. V.Jothimani, (2016) 2 MLJ 174

Muthuganesah vs. Thillaimani and others, Plaint – Returning of –Re-presentation – Scope

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 Ambuja Narasimhan vs. Maxworth Home Ltd., 2016 (3) CTC 489

A/m.Vadapalani Andavar Temple Devasthanam vs. The Society of St.Joseph College,

Tiruchirapalli and others, 2016-2-L.W.309

R.A.Karunambal vs. Loganathan 2016 (3) CTC 149

Virgo Industries v. Venturetech Solutions (2013) 1 SCC 625

AVM Sales Corporation v. Anuradha Chemicals Pvt. Ltd. (2012)2 SCC 315

Union of India v. Ibrahimuddin (2012) 8 SCC 706

Reevajeetu Builders v. Narayanswamy (2009) 10 SCC

Ghanshyam Dass v. Dominion of India AIR 1984 SC

Most Reverand PMA Mtropolitan v. Moran Mar Mathoma (1995 SC)

Dhula Bhai v. State of MP (1968 SC)

State of Tamil Nadu v. Ramalingam (1985 SC)

Hakam Singh v. Gamon India Ltd. 1971 SC

Patel Roadways v. Prasad Trading Co. 1992 SC

Harshad Chaman Lal Modi v. DLF Universal Ltd. (2005 SC)

Kiran Singh v. Chaman Paswan (1954 SC)

Sulochana Amma v. Narayanan Nair

Rajendra Kumar v. Kalyan (dead) by LR’s

Isabella Johnson (Smt) v. Susai (Dead) by LR (1990 SC)

Ram Govind v. Bhakta Bala AIR 1971

State of UP v. Nawab Hussain 1977 SC

Radha Devi v. Deep Narayan 2003 SC

Manohar Lal v. Seth Hiralal 1962 SC

Ramesh Hira Chand v. Municipal Corporation Greater Bombay (1992 SC)

Balwant N Vishwamitra v. Yadav Sadashiv Mule through LRs (2004 SC)

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 International woolen mills v. Standard Wool UK Ltd (2001 SC)

Y Narasimha Rao v. Y Venkatlakshmi (1991 SC)

Bhikaji Keshav Joshi v. Brijlal Nand Lal (1955 SC)

Roop Lal Seti v. Nacchatar Singh Gill (1982 SC)

Popat and Kotecha Properties v. SBI Staff Association (2005 SC)

Mayar HK Ltd. v. Owners and Parties MV Fortune Express (2006 SC)

Salem advocates Bar association v. State of Tamilnadu 2005 SC

Rani Kusum v. Srimati Kanchan Devi (2005 SC)

Rn Jaidi and Bros v. Subhash Chandra (2007 SC)

Malkirat Singh v. Joginder Singh (1997 SC)

Afcons Infrastructure Ltd. and Anr v. Cherian Varkey Construction Co. Pvt. Ltd. and Ors.
(2010 SC)

Balwant N. Vishwamitra v. Yadav Sadashiv Mule (2004 SC)

Vasudev Ramji Bhai Modi v. Raja Bhai Abdul Rahman (1970 SC)

Rafiq Bibi v. Syed Waliuddin (2004 SC)

State of Orrissa v. Chaman Lal 1965 SC

Ramkarsan Das v. Bhagwandas 1965 SC

Kiran Singh v. Chaman Paswan 1954 SC\

G: 4 Law Commission Report

http://lawcommissionofindia.nic.in/reports/report238.pdf

G: 5 WEB SOURCES:

 www.judis.nic.in
 www.scconline.com
 www.manupatra.com
 www.westlawindia.com
 http://www.jstor.org/
 www.ssrn.org
 www.heinonline.com
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 H. Instructions

a) All students will be divided in groups comprising of 2- 4 students in each.

b) Students are expected to read the concerned session’s contents in advance before
coming to the class.
c) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion, current
practices, examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their views and
defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will loose
the marks.
g) Late entry(Max. 10 minutes from the class timing) in the class will not be allowed.

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 PROJECT TOPICS:

1. Salem Advocates case and Civil procedure code (amendment )act 2002
2. Pecuniary jurisdiction of the court
3. State the provision which governs the determination of the place of suing
4. Explain the expression ‘suit of civil nature’
5. Consent of parties cannot confer jurisdiction, nor by the consent jurisdiction can be ousted.
Elaborate
6. Res judicata
7. Res subjudice
8. Case Analysis: New moga transport company vs. united India insurance company(2004)scc677
9. Case Analysis: Harshsad chiman lal modi vs. DLF universal ltd (2005)scc791
10.Case Analysis: Sulochna amma vs. Narayan Nair (1994)scc14
11.Case Analysis: Sheodan singh vs. Daryao Kunwar(1966)scc1332
12.Case Analysis: Patel Roadways vs. Prasad Trading Company (1991)scc494
13.Res judicata between co defendants. How res judicata is differ from res subjudice and estoppels
14.Foreign judgment
15.Constructive res judicata
16.Amendment of pleadings
17.Rejection of plaint
18.Written statement, set off and counter claim
19. Whole proceeding of registration of Plaint
20.Abatement of suit
21.Execution proceedings
22.Pauper suit
23.Summary procedure
24.Concept of second appeal
25.Appeal
26.Revision
27.Review
28.Reference to high court
29.Transfer of suits
30.Subject matter jurisdiction
31.ADR
32.Interpleader suit
33.Compensatory cost
34.Summons
35.Mesne profit
36.Legal representative

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37.Decree
38.Judgment and decree
39.Order and decree
40.Appellate orders
41.Temporary injunctions and interlocutory orders
42.Production of additional evidence in appellate court
43.Appearance of parties and consequences of non appearance
44.Suit by or against minors/person of unsound mind
45.Parties to suit/ frame of suit & pleadings
46.Discovery ,inspection, production & admission of documents
47.Delay in civil trails
48.Inherent powers of court
49.Property liable to attachment
50.Withdrawal and compromise of suit
51.Set off and counter claim
52.Affidavit
53.Adjournment
54.Admission
55.Appointment of receiver
56.Institution of suit
57.Caveat,
58.Restitution
59.Appeals from orders
60.Appeals by indigent person
61.Case Analysis: Mahant Ram das vs Mahant Ganga das(1961)SC882
62.Case Analysis: Manohar lal vs. Seth hira lal (1962)SC527
63.Joinder of parties
64.Joinder of Cause of actions
65.Condonation of Delay under section 5 of the Limitation Act, 1908

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-----------------------------------------------------------------------------------------------------------------
Annexure-I

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A. LL.B (CLL) SEMESTER IV

ACADEMIC YEAR: 2016-21 SESSION: JAN-MAY 2018

ASSIGNMENT FOR CIVIL PROCEDURE CODE (LLBL131)

Under the Supervision of: Mr. Saksham Pradyot

(TO BE FILLED BY THE STUDENT)

NAME: _______________________

SAP NO: ________________________

ROLL NO -------------------------------------

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 Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)

General Question- subject matter

1. Write short notes on any four of the following:

I. Mesne profits
II. Decree
III. Caveat
IV. Res subjudice
V. Restitution

Section B (20 marks)- Conceptual Question

(Attempt all questions. Each questions carry equal marks)

2. What is the concept of Resjudicata under CPC? Illustrate and discuss Constructive Res
Judicata.

4. What is a temporary Injunction? What are the essentials for granting a temporary
injunction? Explain with case laws.

Section C (20 marks)- Analytical question

(Attempt all questions. Each questions carry equal marks)

5. Analyse the grounds of rejection of a plaint under O VII R 11.

6. Critically analyse the grounds of appeal under CPC.

Section D (50 marks)

(Attempt all questions. All questions carry equal marks)

7. A, a partner firm filed a suit against B to recover Rs 50,000. The suit was dismissed on
the ground that it was not maintainable since the partnership firm was not registered, there after
the firm was registered and the subsequent suit was filed on the same cause of action. is the suit
barred by res judicata?.

Decide the case and justify your answer by relevant cases and examples.

8. The legislature and judiciary have taken several steps to reduce multiplicity of suits and
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harassment of defendants again and again. Discuss this with reference sec 10, 11, 12 and order 2
rule 2 of CPC?

9. Explain the analysis of the 2002 amendment of the CPC as done by the Supreme Court
in Salem advocate bar association vs. UOI (2005)SC3353

10. If the courts have no jurisdiction, parties cannot confer jurisdiction on courts by
consent. Nor by the consent can jurisdiction be ousted. Elaborate

11.Critically analyse the judgment of Harshad Chhimanlal Modi v. DLF.

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 INSTRUCTIONS TO STUDENTS ON ASSIGNMENT SOLVING

1. All the questions of the assignment must be handwritten.

2. To answer your assignment questions you need to access multiple information sources
like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.
e. Relevant case laws

3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers should capture
and depict the current contemporary information.

4. As a student of Law, we encourage being critical or to have a contrary point of view.

But do ensure that you can provide a logical justification to this view supported by verifiable
facts, figures, statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment submissions

will be run through an anti-plagiarism software (Turnitin).

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 Annexure-II

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic;
b. Areas of concern and expected solution;
c. Scheme of research;
d. Key words.

2. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.

3. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned

4. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with
others.

5. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.

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 6. Every student who spends a specified period of time in an
industry/organization/institute for reasons of work related to his/her project work, with prior
permission from the Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.

7. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Turnitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below standards
the supervisor will reject the project and award zero marks.

8. DAILY MEETING HOURS: As per Time Table.

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 Annexure-III

CONTINUOUS ASSESSMENT SHEET

Programm BA LLB (Criminal & LabourLaws)
e Name Semester IV
Faculty
Name Saksham Pradyot
Subject Civil Procedure Code
Subject LLBL 131
Code
Quiz/Class Assignment Project Subject Total
Test Work/Case Grand Viva Attendance 100
Analysis Mark
s
Name
Enrl. No. 20% 20% 20% 20% 20%
weightage weightage weightage weightage weighta
ge
I II Report / Viva
/PPT
10 10
1

Annexure-IV

Class Test Class Abstract Synopsis Assignment Final Project Project Grand Viva
1 Test 2 Submission Submission Submission Presentati
on

April 17- April 17- 21

Snap Snap On or On or Before On or Before On or Before 21 , 2018 , 2018
Before
(Before (Before March 13, 2018 March 20, April 10, 2018
Mid Term) End term) February 25, 2018
2018

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