GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR

Course Curriculum For

CIVIL PROCEDURE CODE-I

LLB (SEMESTER-III) July-Nov 2010

Faculty: Amit Kumar Kashyap

INTRODUCTION
The top lawyers of the country have procedural law on their tips. The Statement that the substantive law resides in the interstices of procedure is impeccable as the Knowledge of procedural law is an essential tool in the armory of the legal practitioner. For a successful litigation it is necessary to face all possible challenges of a procedural nature. The Civil procedure code 1908 lays down the complete procedure for remedy of Civil Rights. The court where the suit is to be filed, the forms & procedures for instituting that suit, documents in support & against, evidence taking & trial, dimensions of interim order, execution of decree, provisions relating to appeal & revision are all matters which a lawyer for any side has to be familiar with.

METHODOLOGY OF TEACHING- LEARNING

1. Lecture Method 2. Case Study Analysis 3. Snap Test 4. Discussions 5. Paper Presentation and 6. Assignments

EVALUATION CRITERIA
1. Attendance - 05 2. Discipline & Cndass A DJPs

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d) Written statement, set-off & counter-claims e) Summons, Discovery & Inspection

Module-IV
a) Trial of suits b) Examination of Parties by the court c) Hearing of the suit and examinations of witnesses d) Admission e) Adjournments f) Affidavits g) Issues h) Commissions i) Summary Procedure j) Injunction and interlocutory orders k) Receivers l) Abatement & Withdrawal of Suit

Module-V
a) Special suits Settlement of disputes outside the court Public Nuisances and other wrongful acts affecting the public Suits and Government Suits and Foreign Nationals Suits and firms & trustees Suits and corporation Suits and minors and person of unsound mind Suits and indigent person.

b) Inherent Powers of Court

RELATED CASES
o Phoolchand v. Gopal lal o Shankar Balwant Lakhande v. Chanderkant Shankar Lakhande o Iftikhar Ahmed v. Syed Meharban Alli o State of U.P. v. Nawab Hussain o Dhulabhai v. State of M.P. o Daryao and others v. State of U.P. and others o Mathura Prasad v. dossibai o Sangram Singh v. Election Tribunal Kotah o Pasupuleti Venkateswarlu v. Motor and General Traders Laxmidas Dayabhai o Kabrawala v. Nanabhai Chunilal Kabrawala o Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiral

REFERENCE BOOKS
i. Takwani. C.K. civil procedure code ( Eastern Book company) ii. Thakker, C.k. civil procedure code, vol-1,2 &3 ( Eastern book company) iii. Mulla, civil procedure code, vol-1 to 4,(Lexis Nexis Butterworths, wadhwa Nagpur) iv. Sarkar. S.C & sarkar c prahas. Sarkars civil procedure code,(wadhwa and company Nagpur) v. Myneni.S.R.,Civil procedure code(Asia law house, Hyderabad) vi. Sudipto Sarkar, Sarkars civil court practice and procedure Manual (Lexis Nexis Butterworths wadhwa Nagpur.) vii. Justice Doabia.T.S., MLJs civil procedure code, vol-1 to 4 (Lexis Nexis Butterworths wadhwa Nagpur)

SUGGESTED TOPICS FOR ASSIGNMENT

Hierarchy and Jurisdiction of Civil Courts. Suit by Indigent Person-Critical Study Sattelment of Disputes Outside Court- Scope & Importance of Section 89 CPC Set-off & Counter Claim- An Analytical Study The Power of Section 80 Civil Procedure Code, 1908 in addressing corruption & in restricting fanciful & annoying exercise of powers by men in Power Adjournments are Bane of Civil Court Proceedings: A study in light of CPC. Constructive Res-judicata: Rationale & Scope Mis-joinder & Joinder of Parties: Analysis Doctrine of Res-Judicata Non Appearance of Parties: Consequences & Remedies Significance of Lok-Adalat in Present Scenario Privileges given to Women under Civil Law Inherent power of Court: Boon or Bain Representative Suit Order 1 Rule with reference to Sec.91-92 State & Operation of Civil Law Service of foreign Summons C.P.C 1908 is Procedural as well as adjective Law Relevance of Section 4 of C.P.C Cyber Crime & Civil Procedure Powers of Civil Courts Suit by Aliens Law reforms & Code of civil procedure Judgment v. Decree Attachment before judgment is assurance as to decree become infructuous Order VI Rule 17: Critical Study Need For Amalgamation of Alternative Dispute Resolution with Civil Procedure Code. Appeal From Original Decrees- A Comprehensive Study

Scope of High Courts Jurisdiction under section 100 of the Civil Procedure Code of 1908 Law Relating to Leave to Defend Under Order XXXVII Code of Civil Procedure. Discovery Procedure by Administering Interrogatories: An Analysis Amendment of Pleadings: Critical Study with Case laws Use and Importance of Order X Code of Civil Procedure. Execution Proceedings Woes of Decree Holder Suit against Public Offices & Government Law Relating to place of Suing: A study with help of Case Laws Set-off & Counter Claim Return of Plaint & its consequences Section 83 of Code of Civil Procedure