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Ba - LL.B & Bsc. LL.B (301) : Course Description
Ba - LL.B & Bsc. LL.B (301) : Course Description
B L T P C
Code of Civil Procedure, 1908
(301)
Version1.1 4 0 0 4
Pre-requisites//Exposure
co-requisites
Course Description
The course is aimed at acquainting the students with the basics of civil procedure in India. The
purpose is to help students acquire a basic understanding Code of Civil Procedure, 1908.
Besides, the course will also introduce the students to the Law of Limitation and other allied
topics.
Course Objectives
Pedagogy
A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:
Module I
Historical Backdrop of the Code of Civil Procedure, 1908
Definition: Decree, Decree-holder, Judgment, Judgment-debtor, Legal Representative,
Mense-profits, Order, Rules, Affidavit, Plaint, Written Statement, Difference between
decree and order, and between judgment and decree.
Jurisdiction of Courts: Meaning of Jurisdiction; Kinds of Jurisdiction; Hierarchy of
Courts; Original and Appellate Jurisdiction; Territorial Jurisdiction, Pecuniary
Jurisdiction and Jurisdiction as to subject matter; Ordinary original and Extra-ordinary
Civil Jurisdiction; Courts of Small Causes.
Principle of Res Sub-Judice and Res Judicata
Foreign Judgment and its enforcement.
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
2. CK Takwani (Thakkar), Civil Procedure, Eastern Book Company (2012)
Reference Book:
Module 2
Place of Suing: Sections, Power to transfer suits,
Necessary and proper parties; joinder, non-joinder and mis-joinder of parties; striking out
and addition of parties; frame of suits; ADR (Alternate Dispute Resolution.
Institution of suits; cause of action; transfer of suits; representative suit; Suits by and
against the government
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
2. CK Takwani (Thakkar), Civil Procedure, Eastern Book Company (2012)
Reference Book:
Module 3.
Pleadings: definition and object of pleadings; Contents of pleadings; Essentials of
pleadings; Admission, return and rejection of plaint; plaint and written statement;
Amendment of pleadings; Affidavits.
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
Reference Book:
3. Mulla,The Code of Civil Procedure, 3 Volumes, Lexis-Nexis Butterworth-
Wadhwa,
( 2011)
4. C K Thakkar, Code of Civil Procedure, 6 Volumes, Eastern Book Company
(2011)
5. Justice M.L. Singhal, SuranjanChakraverti and BholeshwarNath’s Cases and
Materials on Code of Civil Procedure, 3 Volumes, Eastern Book Company
(2011)
6. Sudipto Sarkar & VR Manohar, Sarkar on Code of Civil Procedure, 2 Volumes,
Eastern Book Company (2006)
Module 4
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
Module 5
Execution of decrees and orders, procedure for execution; enforcement, arrest and
detection Attachment of property; Sale of property,
Suit by/against minors/ persons of unsound mind; pauper appeal.
Temporary injunction and interlocutory orders; summary procedure.
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
Reference Book:
3. Mulla, The Code of Civil Procedure, 3 Volumes, Lexis-Nexis Butterworth-Wadhwa,
( 2011)
4. C K Thakkar, Code of Civil Procedure, 6 Volumes, Eastern Book Company (2011)
5. Justice M.L. Singhal, SuranjanChakraverti and BholeshwarNath’s Cases and
Materials on Code of Civil Procedure, 3 Volumes, Eastern Book Company (2011)
6. Sudipto Sarkar & VR Manohar, Sarkar on Code of Civil Procedure, 2 Volumes,
Eastern Book Company (2006)
Module 6
Appeals from order and decree, second appeal and power of appellate court
Reference, Review, Revision
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
Reference Book: