COURSE MANUAL

Civil Procedure

BA LL.B. 2017 & BBA LL.B 2017

Course Coordinator

Eesha Mohapatra

Course Instructors

Eesha Mohapatra

Suvrajyoti Gupta

Prakhar Chauhan

Sakshi Vijay
 Semester B
Part I

Information on the course on civil procedure offered by Jindal Global Law School

The following information is provided by the course coordinator. The following information
contains the official record of the details of the course.

Course title: CPC

Course Duration: One Semester

Medium of Instruction: English

Pre-requisites: Nil

Pre-cursors: Nil

Equivalent Courses: Nil

Exclusive Courses: Nil

The above information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst other students.
PART II

A. COURSE DESCRIPTION

Civil procedure concerns the society’s noncriminal process for submitting and resolving factual
and legal disputes over the rights and duties recognized by substantive law. Civil procedure,
while widely regarded as a set of rules that governs practice of the system of civil litigation, is at
its core, an important body of law governing access to justice. While procedural law often claims
to be divorced in content from the laws that govern the ‘substantive’ legal obligations of
individuals, it is often inextricably intertwined with it. The rules of civil procedure govern not
just the methods of asserting claims before the courts but significantly impact the nature of
outcomes. Studying civil procedure therefore, requires a continuous engagement with the
substantive body of civil laws, including, most importantly, the laws of tort, property and
contract. This course will therefore, introduce students to a mix of rules enabling filing of cases,
taking of evidence, interim relief and execution, while enabling them to develop a critique from
the point of view of efficiency, effectiveness and distribution of the ‘entitlement’ to access the
system of courts.

B. COURSE INTENDED LEARNING OUTCOMES

It is expected that at the end the course:

 students would have acquired an understanding of the historical development of rules of

civil procedure

 students would be well versed with the principal elements of the civil litigation process in
India

 students would be able to analyze legal problems and identify effective procedural
approach towards those problems in light of legal precedents, procedural rules, and
relevant statutes

 students would be able to appreciate the goals underlying the choice of procedural
options and the significance of options for achieving often-conflicting objectives
  students will have developed the critical ability to analyze procedural rules from a gamut
of social science perspectives, including law and economics, with a view to appreciating
efficiency, cost-effectiveness and questions of access to justice.

C. EVALUATION METHODS AND CRITERIA

Students’ grade in this course will be based on external (i.e. end term exam) as well as internal
assessment (i.e. attendance, class participation and assignments).

The evaluation criteria for this coursework are classified as follows:

 50 % - End-term Examination
 50% - Internal Assessment

The end-term examination shall consist of a 3-hour written exam with limited access to
materials. Internal assessment shall be made on the basis of class performance, class-tests, and
written assignments.

During the end term exam, students will be permitted limited access to written materials. More
details on permitted materials shall be given by the course instructor during the semester.

Attendance: Regular class attendance is required by the school’s academic rules and, in any
case, is essential to a coherent understanding of the course. Class participation: Marks for Class
participation shall take into account the students’ preparedness with assigned reading material,
timely submissions of assignments and analytical ability shown by the students during class
discussions and their engagement with class lectures.

Note on Academic Integrity: Academic dishonesty, like other forms of dishonesty, is

misrepresentation with intent to deceive or without regard to the source or the accuracy of
statements or findings. Academic dishonesty, in whatever form, is ultimately destructive of the
values of the University. It is further unfair and discouraging to the majority of students who
pursue their studies honestly. Scholarly integrity is required of all members of the University. All
students have the responsibility to ensure that they be familiar with generally accepted standards
and requirements of academic honesty. Plagiarism in any form during the mid-semester tests,
end term exams, and written assignments will invite the strictest penalty. Subject to the decision
of the University administration, the course instructor will recommend the issuing of a ‘Fail’
Grade for the entire course for anyone found using unfair means for even a single instance. The
course instructor may, discretionarily, impose a lower sanction, which will include, at least, a
forfeiture of the entire score for the concerned test/assignment.
Students’ achievements would be graded as per the following schedule:

BA LL.B. 2017 & BBA LL.B. 2017

Letter Grade Grade Value Total Course Marks Grade definitions and Explanation

O 8 80 and Above Sound knowledge of the subject matter,

excellent organizational capacity, ability to
synthesize ideas, rules, and principles,
critically analyze existing, materials and
originality in thinking and presentation.
A+ 7.5 75 to 79 Sound knowledge of the subject matter,
thorough understanding of issues, ability to
synthesize ideas, rules and principles and
critical and analytical ability
A 7 70 to 74 Good understanding of the subject matter,
ability to identify and provide balanced
solutions to problems and good critical and
analytical skills
A- 6 65 to 69 Adequate knowledge of the subject matter
to go to the next level of study and
reasonable critical and analytical
B+ 5 60 to 64 Descent Knowledge of the subject matter
but average critical and analytical skills
B 4 55 to 59 Limited knowledge of the subject matter
and irrelevant use of materials and poor
critical and analytical skills.
B- 3 50 to 54 Poor comprehension of the subject
matter, poor critical and analytical skills
and marginal use of the relevant
materials. Will require repeating the
course.
F 0 Below 50 None of the above
PART III

A. KEYWORDS

Access to Justice, Law, Economics, Procedure, Order, Decree, Jurisdiction, Suits, joinder of
parties and claims, Summons, Amendment, Appeals, Revision, Res judicata, Pleadings, Inherent
Powers of Court, Notice, Suit, Interlocutory Order, Injunctions and Interlocutory Orders,
Revision, Review, Caveat, Complaint, Appeal, Limitation, Execution, Summary Procedure,
Discovery and Inspection, Foreign Judgment

B. READING

During the course, students shall be required to consult following bare acts:

 The Code of Civil Procedure, 1908 as amended till date.

 The Limitation Act, 1963
 The Commercial Courts Act, 2015

Books & Materials:

The textbook that will be used for this course is C.K.Takwani, Civil Procedure with Limitation
Act, 1963 (8th Ed. ). Students also need to obtain bare acts of the Code of Civil Procedure, 1908
(as amended by Act No. 4 of 2016). Note that a textbook is of marginal utility in teaching civil
procedure, and a wealth of material is contained in reported decisions from various courts in
India. It is often better to read decisions threadbare than in secondary references. A list of cases
for each topic will be circulated during the course of the semester and students must read the
reports carefully.

In addition students are encouraged to consult the following books:

 Prasad & Mohan (ed.) Mulla’s Code of Civil Procedure (18 th ed., 2013), Lexis Nexis,
Delhi
 Sarkar’s Law of Civil Procedure, 2 vols. (11th ed., 2007) Wadhwa, Delhi.

F. CLASS FORMAT

The class shall proceed by way of lectures and in-class discussions. The lectures will cover
between one and two topics each week. The lecture program given below is only indicative, and
may be suitably modified as the course progresses. At the conclusion of each week, the course
instructor will tell students how far ahead to read in the required readings for the next week. The
Course Instructor may assign advance readings. Students are expected to attend all classes and to
complete all the required readings. Advance preparation is essential for productive in-class
interactions. If you are unable to attend a class or to complete one of the reading assignments
before the class session, you should contact the course instructor in advance.

Students are expected to prepare for and participate in class assignments on a regular basis as the
same shall be crucial for their internal assessment.

G. CONTACT INFORMATION AND OFFICE HOURS

If after trying to resolve any difficulty that students may have with the material on their own or
with their colleagues, they should not hesitate to arrange an appointment with the course
instructor during his office hours to discuss the issues in person. It is best to deal with issues as
they arise, rather than “saving” them until the end of term when they may begin to feel
somewhat overwhelming.

Office Hours:

JGU email:

Office Phone:

PART IV

G. The following program is intended to be only a guide and is subject to variations as

circumstances may warrant:

Teaching Week Lecture Topic

1 Introduction
2 &3 Jurisdiction
4 Limitation
5 Institution of Suit
6 &7 Pleadings
8 Appearance Examination & Discovery
9 Interim Relief
10 &11 Judgment, Decree, Special Suits
12 Execution of the Decree/Order
13 Appeals
14 Reference, Review, Revision
15 Review week
 Teaching Week Lecture Topic
H. WEEK-WISE BREAKUP

Week 1

Introduction & Concepts

 Civil Court, Commercial Court System and Tribunals: Structure and functions
 Sections 3-11 of the Commercial Courts Act, 2015
 Definition clause generally ( the particulars will have to be revisited when the concept
comes up)

Week 2 &3

Jurisdiction

 Jurisdiction of civil courts territorial, subject matter and pecuniary.

Territorial Jurisdiction:

1. Khandesh Spinning & Weaving v Mool Jaith & Co. 1948 (50) BOM LR 49
2. Harshad Chimmanlal Modi v. DLF Universal, 2005(7) SCC 791 (Immovable property)
3. Hakkam Singh v. Gammon India, AIR 1971 SC 410
4. ABC Laminart v. AP Agencies, Salem, (1989)2 SCC 163
5. Swastik Gases v. IOCL, 2013(9) SCC 32

Subject matter Jurisdiction:

6. Dhulabhai v. State of M.P., (1968)3 SCR 662

7. Nahar Industrial Enterprises Ltd. v. HSBC, (2009)8 SCC 646
8. CDS Financial v. BPL Communications, (2004)121 Comp Cas 374 

 the concept of lis-pendens and Forum Non Conveniens in suits involving foreign
elements
 Res-sub-judice; Res judicata ; Constructive res-judicata, estoppel etc;
1. Aspi Jal v. Khusboo Rustom, (2013) 4 SCC 333
2. Nawab Hussain v. State of U.P., 1977 (2) SCC 806
3. Modi Entertainment v. WSG Cricket, (2003) 4 SCC 341
Week 4

Law of Limitation

 The general concepts (Latches, Acquiescence and Prescription: Distinction)

 Section 5, 14 and schedule of the Limitation Act
 Calculation of limitation
 Extension and suspension of limitation
 Sufficient causes for not filling the proceedings

Week 5

Institution of suit ( Order I, II, III, IV, V)

 Parties to a suit; representative suit; joinder of parties; mis joinder and non-joinder;
Frame of suit; Institution of suit; Service of summons; agents and pleaders

Mumbai International Airport v. Regency Convention, 2010(7) SCC 417

Pramod P. Shah v. Ratan N Tata, (2017) SCC OnLine Bom 5269
Inbasagaran v. S. Natarajan, (2015)11 SCC 12

Week 6 and 7

Pleadings (Order 6, 7 and 8)

 Pleading: Meaning, Object; Basic rules of pleadings; Alternative and inconsistent

pleadings; Amendment of Pleadin; Plaint: particulars, admission, and return and rejection
 Written statement: particulars, rules of evidence
 Set off and Counter claim

Borradaile v. Hunter; B.K. Narayana Pillai v. Paremswaran, (2000) 1 SCC 712; Rajesh Kumar Aggarwal v.
KK Modi, (2006) 4 SCC 385; P.V. Gururaj Reddy v P. Neeradha Reddy (2015)8 SCC 331; T Arivandanam v
T.V. Satyapal (1977) 4 SCC467; Salem Bar Association v. Union of India, (2005) 6 SCC 344; Union of India
v. Agarwal Iron Industries, 2014(15) SCC 215; Balaraj Taneja v. Sunil Madan, (1998) 8 SCC 396

Week 8
Appearance, Examination, Discovery (Order IX,X, XI/ XI (CC Act), XII, XIII, XIV and
XIX) AND Order XVA, Order XIII (Commercial Courts Act)

 Framing of issues; Appearance of parties and consequences of non-appearance; ex-parte

procedure; first hearing; discovery and inspection; relevant reference to Order XI of the
CC Act, admission; production, affidavits; Amendment to Order XIX under CC Act.
 Case management hearing

Week 9

Interim Relief

Attachment before Judgment ; Temporary injunctions; Receiver; Adjournment

Gujarat Bottling Company Limited v Coca Cola, 1995 SCC (5) 545
Wander v Antox India (P) Ltd., (1990) Supp SCC 727

Week 10 &11

Judgment, Decree, Costs, Interests etc.

 Judgment; Decree; Special Regime on foreign Judgment; Money Reliefs; Specific Relief;
specific reference to the Specific Relief Act vis-à-vis concepts of Mandatory injunctions,
Permanent injunctions and Declarations; Costs; Interests
 Amendment of judgments; right to lodge a caveat; power to make up deficiency of court
fees; enlargement of time
 Time limit to pronounce judgment under CC Act.

Week 12

Appeals ( Orders XLI; XLII; XLIII; XLV) ( Sections 96-109 and 151) AND Section 13 &
14 of the Commercial Courts Act

 Appeals form original decree

  Appeals from orders
 Appeals form appellate decree
 Second Appeal
 Appeal to Supreme Court
 Inherent powers of Court

A Andisamy Chettiar v A Subburaj Chettiar, (2015) 17 SCC 713

Jagdish Singh v Madhuri Devi, (2008)10 SCC 497
Santosh Hazari v Purushottam Tiwari, (2001) 3 SCC 179
Kunhayammed v State of Kerala, 2000 (3) KLT354
Municipal Corporation of City v Shiv Shankar Gauri Shankar Mehta (1998) 9 SCC 197

Week 13

Reference, Review, Revision (XLVI; XLVII; Sections 113-115)

 Review
 Reference
 Revision

Week 14

Execution of the Decree/Order ( Order XXI and Section 36-74)

 General principles
 Modes of execution
 Arrest and detection
 Attachment
 Sale
 Delivery of property

Week 15

Review Week