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Annexure ‘CD – 01’

COURSE CURRICULUM AFTER INCORPORATING AAB SUGGESTIONS

Course Title: Code of Civil Procedure L T P/ SW/ TOTAL


S FW CREDIT
Course Code: LAW 310 UNITS
4 0 0 0 4

Credit Units: 04

Course Objectives:
The present course intends at acquainting the students with the practice, procedure & machinery of the civil courts for the enforcement of
substantive rights & duties thereof, as it is the adjective or procedural law which puts life into substantive law by providing a remedy.

Pre-requisites:

Student should have basic awareness of the existing structure of the machinery of the Civil Courts in the Districts

Student Learning Outcomes:


1. Analyze the procedural intricacies of adjective civil laws.
2. Apply the ways to initiate the machinery of civil courts by the institution of suits.
3. Compare the procedural & substantive laws, maintaining an analogy with other special Acts prescribing special procedures.
4. Develop the capability for the correct interpretation & application of the parliamentary enactment. with regard to civil procedural laws in the light of
case laws so that the substantive laws may, properly be enforced.
Course Contents/Syllabus:
Weightage (%)

Module I: Significant Terms and Definitions 25%

Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mesne, Profits, Affidavit, Suit, Plaint,
Written Statement, Suit of civil nature; Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat,
Inherent powers of courts. Concept of limitation in Civil Suits.

Module II: Initial steps for institution of civil proceedings


25%
 Jurisdiction and place of suing; Institution of suit, cause of action, joinder, non-joinder and mis-joinder of
parties; Summons; Pleadings: Meaning, object, General rules, Amendment of pleadings; Plaint and written
statement: Particulars, set off and counter claim; Admission return and rejection; Discovery, Inspection and
production of documents; Appearance and non-appearance of parties, ex-parte proceedings; First hearing:
Meaning, object, framing of issues, omission to frame issues, disposal of suit in the first hearing; Trial:
Summoning and attendance of witnesses, summons to produce documents, adjournment, hearing of suit

Module III: Execution of Decree and Interim Orders


Commissions, Arrest before judgment, Attachment before judgment, Temporary Injunctions, Interlocutory orders,
Receiver, Security of costs, Execution of Decrees.
25%
Module IV: Special Suits’
Suits by or against Government, Suits by Indigent persons, Interpleader Suit, Summary Procedure, Suits relating to
public nuisance. ‘Suits by or against minors’ 25%
Pedagogy for Course Delivery:

The class will be taught with the help of latest & landmark Judgments of the Apex Court & must be taught by a person who has practiced as an
advocate or has been an Advocate as prescribed Bar Council of India Rules & Inspection Manual,2010.
Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) Total (%)

100 0
100
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop Project and viva Class Test Internship Attendance
down)

Weightage (%) 10% 10% 5% 5% 70%

Lab/ Practical/ Studio Assessment: NOT APPLICABLE

Continuous Assessment/Internal Assessment End Term


Examination
Components (Drop
down
Weightage (%)
Text and References:
Mulla’s Code of Civil Procedure, Universal, Delhi
C.K. Thakkar’s (Takwani), Code of Civil Procedure
Majumdar, P.K. and Kataria, R.P., Commentary on the Code of Civil Procedure, 1908, universal, Delhi.
Bare Act: Code of Civil Procedure, 1908 with amendments.
Relevant Reports of Law Commissions.

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