CPC - II 2022

Teaching Plan

CIVIL PROCEDURE CODE AND

LIMITATION ACT II

Semester VIII
(Batch 2018-23)
Academic Year 2021-22

By:
Ms. Megha Nagpal
Assistant Professor
(Course-in-Charge)

and

Ms. Sanjana Bali

Advocate
(Co-Faculty)

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

January 2022 – May 2022

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1. INTRODUCTION

The Code of Civil Procedure, 1908 is the statute regulating procedure for filing and
pursuing civil claims in India. The purpose of the Code is to provide every litigant with a
fair trial in accordance with principles of natural justice. The Code is divided into two
parts, Sections and Orders. While the former part lays down principles, the latter part
lays down detailed procedure to be adopted by civil courts. Accordingly, a sound
knowledge of CPC is essential for civil litigation practice. The objective behind studying
CPC is to understand the application of fundamental principles of civil procedure to
substantive law. The learner will be able to appreciate the mechanism of enforcement of
civil rights and substantive remedies, while getting acquainted with civil procedure.

2. LEARNING OBJECTIVES & OUTCOMES

A. Objective (Knowledge, Skills & Employability)

The overall objective of this undergraduate course is to enable you to (i) demonstrate
knowledge and understanding of the principles of Civil Procedure and Law of Limitation;
and (ii) demonstrate a comprehensive and accurate knowledge and understanding of the
detail of the civil procedure and limitation law. The Civil Procedure Code and Limitation Act
II will demand that students have the capacity to demonstrate insight in presenting
materials drawn from a wide and sometimes contradictory range of primary and secondary
sources and doctrinal commentary; and to demonstrate an ability to produce a synthesis of
those materials that offers a personal and informed criticism. Application of civil procedure
and limitation law to practical problems will develop critical thinking in learners. The course
aims at following objectives and in developing following set of skills among the
students:

1. Demonstrate knowledge and understanding of the principles of Civil Procedure and

Law of Limitation (knowledge);
2. Demonstrate understanding of application of provisions of civil procedure and law of
limitation (knowledge & skills);
3. Demonstrate a comprehensive and accurate application of the civil procedure and
law of limitation to fact situations (skills);
4. Demonstrate the capacity to be able to write and use orally fluent and complex
prose specific to civil procedure and limitation law; using legal terminology with
scrupulous care and accuracy (skills & employability);
5. Have procedural clarity to play a successful role in realisation of clients' civil rights
(employability).
6. Develop confidence in procedural decisions to achieve client’s aims and focus on
resolution of disputes.

B. Outcomes (Knowledge, Skills & Employability)

The overall objective of this undergraduate course is to inculcate you with the following set
of skills: general cognitive intellectual skills; general communicative/employability skills;
and subject specific skills.
After the completion of the course, student will be able:

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1. To know the crucial importance of Civil Procedure Code and Limitation Act in civil
proceedings (knowledge)
2. To understand the foundations on which civil litigation, execution and appeals are
based, and their primary requirements (knowledge)
3. To demonstrate application of statutory provisions of the Code and judicial
decisions on civil procedure and limitation law to factual situations based on varied
substantive laws (skills)
4. To discern the consequences of procedural faults and lacunae; and critically
analyse and ascertain appropriate legal remedies and the procedure to achieve
them through civil courts (skills)
5. To demonstrate and defend procedural choices in civil proceedings (employability)
6. To discern and effectively execute post-trial requirements in civil proceedings
(employability)

C. Subject Specific Activity

The course ‘Civil Procedure Code and Limitation Act II’ will demand an ability to identify and
select key relevant issues and to apply that knowledge with clarity to difficult situations of
significant legal complexity; Case Analyses to analyze facts and judgements; and to
produce well-supported conclusions in relation to them; and further to draft basic
applications seeking remedies under the Code of Civil Procedure, 1908 and the Limitation
Act, 1963.

Case synthesis/Problem solving

In preparing for tutorial, you will be asked to use knowledge to support your answer to a
number of hypothetical, factual or “problem” scenarios, that will also help you prepare
properly for the term-end assessment.

Independent research

In preparing for the coursework assignment (Mode III), particular emphasis will be placed
on independent learning i.e., the ability to take initiative in the design (individualised
approach or plan of action) and research (external legal and non-legal sources) of the
stated project.

3. LECTURES

A. Times and Attendance

Three lectures per week have been set aside for this course for each programme/group.
Verify it from the timetable assigned for each week. One should duly check related
notification at ‘Outlook’ as well as ‘Posts’ @Microsoft Teams.

As per Symbiosis International (Deemed University) Regulations, please note, “Students

are expected to attend minimum 75% of all scheduled sessions and other forms of
instruction as defined by the programme of study.” The student will not be eligible to
appear for the examination if he / she fail to put in the required attendance.

The students can update themselves of their attendance daily online in ‘Attendance’ on
iCloudEMS Portal at https://siu.icloudems.com/corecampus/index.php .

B. Mode of Delivery
This Course will be delivered in Synchronous (80%) and Asynchronous (20%) mode.

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Session Plan, Lecture outlines, Hand-outs, reading material including e-Books, and
Articles as applicable in a given case, will be made available in ‘Class Material’
@Microsoft Team. To facilitate understanding of these lectures, student should always
read at least the relevant pages of suggested readings in advance of each lecture.

C. Notifications
Learners are informed that notice/s, if required, with respect Academic-Administration,
will be sent either by Course-in-Charge or Officer-in-Charge, Academic Coordination
using ‘Posts’ @Microsoft Teams. Students are required to keep themselves duly
informed.

D. Lecture Outline: Synchronous Mode#

Synchronous Mode

WEEK TOPIC

Week 1
January 17, 2022 Lecture 1 & 2:
Teaching Plan and Syllabus Preview

Week 2 TOPIC I: EXECUTION OF DECREES AND ORDERS

January 24, 2022
Lecture 3 & 4:

1.1 Meaning of Execution

1.2 Courts by which decrees may be executed
1.3 Questions to be determined by Court

Week 3 Lecture 5 & 6:

January 31, 2022 Contd. Questions to be determined by Court
1.4 Procedure in execution: Application, Stay

Week 4 Lecture 7 & 8:

February 7, 2022 1.5 Modes of Execution: Arrest & Detention
1.6 Modes of Execution: Attachment of Property

Week 5 Lecture 9 & 10:

February 14, 2022 1.7 Modes of Execution: Sale & Delivery of Property
1.8 Modes of Execution: Distribution of assets

Week 6 Lecture 11 & 12:

February 21, 2022 1.9 Garnishee Order
1.10 Adjudication of claims
1.11 Resistance to Execution

Week 7 TOPIC II: INTERIM ORDERS

February 28, 2022
Lecture 13 & 14:
2.1 Commissions
2.2 Arrest and Attachment before Judgement

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Week 8 Lecture 15 & 16:

March 7, 2022
2.3 Temporary Injunctions
2.4 Interlocutory Orders
2.5 Receivers

Week 9 TOPIC III: SUITS IN PARTICULAR CASES

March 14, 2022
Lecture 17 & 18:

3.1 Suits by or against the Government or Public Officers in

their official capacity
3.2 Suits by or against Minors and Persons of Unsound mind

Week 10 Lecture 19 & 20:

March 21, 2022
3.3 Interpleader Suit
3.4 Suits by Indigent Persons

Week 11 TOPIC IV: REVIEW PROCEDURES (SB)

March 28, 2022
Lecture 21 & 22:

4.1 First Appeal

Week 12 Lecture 23 & 24:

April 4, 2022
4.2 Second Appeal
4.3 Appeal from Orders
4.4 Appeal by Indigent Persons

Week 13 Lecture 25, 26 & 27:

April 11, 2022
4.5 Appeals to the Supreme Court
4.6 Reference
4.7 Review
4.8 Revision under S.115
4.9 Power of court to amend judgements, decrees or orders

Week 14 TOPIC V: MISCELLANEOUS

April 18, 2022
Lecture 28, 29 & 30:

5.1 Payment into Court

5.2 Security for Costs
5.3 Exemption from appearance in courts
5.4 Language
5.5 Caveat
5.6 Place of Trial
5.7 Inherent Powers of the Court, Enlargement of time

Week 15 Lecture 31, 32 & 33:

April 25, 2022
TOPIC IX: LIMITATION ACT, 1963 (SB)

9.1 Concept of Limitation; History and Object of the Act

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9.2 Definitions under the Act

9.3 Limitation of Suits, Appeals and Applications
9.4 Condonation of Delay
9.5 Legal Disability

Week 16 Lecture 34, 35 & 36:

May 2, 2022
9.6 Computation of Period of Limitation, continuous running
of time
9.7 Exclusion of Time
9.8 Effect of adding/substituting new plaintiff or defendant
9.9 Effect of death on right to sue
9.10 Effect of Fraud or mistake
9.11 Effect of Acknowledgement in writing etc.

Week 17 Lecture 37, 38 & 40:

May 9, 2022
Course Revision with Clarification of Doubts

E. Lecture Outline: Asynchronous Mode#

The following part of the course will be covered via asynchronous mode of teaching,
learning, & evaluation.

Lecture Plan - Asynchronous Mode*

(For each Video lesson followed by further reading, learners are required to
maintain ‘Reflective Lesson Log’ as part of ‘Student Involvement Practices’ on
MS Teams Platform)

WEEK TOPIC
Week 3 TOPIC VI: DEATH, MARRIAGE AND INSOLVENCY OF
January 31, 2022 PARTIES
Video 1:
6.1 Right to Sue

Video 2:
6.2 Abatement: Effect of Death of a Party on Suit

Video 3:
6.3 Devolution; Marriage; Insolvency of Parties

Week 4 Video 4:
February 7, 2022 6.4 Order 22: Procedural Aspects

TOPIC VII: WITHDRAWAL AND ADJUSTMENT OF

SUITS
Video 5:
7.1 Withdrawal of Suit: With & Without Court’s Leave

Video 6:

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7.2 Grounds for Withdrawal of Suit

Doubt Clearing Session (Live)
Week 5 Video 7:
February 14, 2022 7.3 Compromise of Suits and Consent Decree

TOPIC VIII: SUMMARY SUIT

Video 8:
8.1 Summary Suit: Applicability of Order XXXVII

Video 9:
8.2 Summary Suit: Procedure

Week 6 Video 10:

February 21, 2022 8.3 Summary Suit: Leave to Defend

Video 11:
8.4 Summary Suit: Miscellaneous Aspects
Doubt Clearing Session (Live)

This part of course will be covered through following three steps:

i. Asynchronous Teaching (15 Minute) – Watching the video; followed by,

ii. Learning Resources (Video, further reading) (45 minute) – referring to the
study material (including reading mandatory readings); followed by,
iii. Attempting the Student Involvement Practice (15 minute).

*Learners must watch these videos, compulsorily refer the related reading
material and participate in engagement activity, as per applicable schedule. On
competition of all three steps mentioned above, the attendance will be granted
for the said session.

#The schedules will be followed, subject to change/s due to

unforeseen/unavoidable circumstances.

4. READING AND MATERIALS

A. Textbook

1. B.M Prasad, Mulla’s Code of Civil Procedure (Lexis Nexis Butterworths: 2017).
2. M.P Jain, Code of Civil Procedure (Lexis Nexis Butterworths: 2013).
3. Sir Dinshaw Fardunji Mulla, The Key to Indian Practice (Lexis Nexis: 2016).
4. Jatindra Kumar Das, Code of Civil Procedure (PHI Learning Private Limited: 2014).
5. C.K Takwani, Civil Procedure with Limitation Act, 1963 (Eastern Book Company:
2017).
6. P C Sarkar and Sudipto Sarkar, Sarkar’s Civil Court Practice & Procedure (Wadhwa
Book Company: 2015)
7. Amir Ali & Sir John Woodroffe, Commentaries on The Code of Civil Procedure, 1908
(4 Volumes Set) (Wadhwa Book Company: 2018).
8. P.K. Majumdar and R.P. Kataria, Commentary on the Code of Civil Procedure, 1908,
(Universal Law Publication, Delhi: 1998).
9. A.N. Saha, The Code of Civil Procedure, 1908 (Eastern Law House: 1978).

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10. P C Sarkar and A C Sarkar, Sarkar's Law of Civil Procedure, Vol. 2, (Wadhwa and
Co.: 2006).
11. S.K. Sarvaria, Mulla, Code of Civil Procedure (Lexis Nexis Butterworth: 2007).
12. C.K. Thakker and M.C. Thakker., Code of Civil Procedure, 1908 (Eastern Book Co.:
2005).
13. Justice SA Kader, UN Mitra’s Law of Limitation & Prescription (2 volumes)
(LexisNexis: 2013).
14. Shriniwas Gupta, The Limitation Act (Universal Law Publishing: 2016).

B. Prescribed Legislation
1. The Code of Civil Procedure, 1908
2. The Limitation Act, 1963

Note:
• The above list is indicative and not exhaustive.
• Earlier editions of some of the above texts may be consulted once account is taken of
their datedness, particularly as to applicable case law.
• Learners are advised to keep with them for ready reference the Code of Civil
Procedure, 1908 Bare Act (with latest Amendments) during all lectures, and the
Limitation Act, 1963 (Bare Act) (with latest Amendments) in all Limitation Law
Lectures.

Nevertheless, the text provides the basic reading for the course only. There is much
more to the Family Law I than this, and you will undoubtedly benefit from undertaking
some reading and study of your own. It is creditable if you, in respect of the proper use
of independent research and study, follow up in the Law Library some of the case
references, periodical articles or other material referred to in the prime textbook or in
class – or even to do some research of your own. For supplementary reading, you could,
for instance, begin by consulting the relevant sections of the “alternative” texts placed
on loan in the law library. Thereafter you could engage in your own research, with
particular reference to eBooks, eJournals, Case Comments, Case Notes, Research
Material on online databases including Hein Online, Ebrary, EBC Reader, Westlaw India,
LexisNexis, SCC Online, AIR, Manupatra, CLA Online, Kluwer Competition Law, Kluwer
Arbitration; Kluwer Patent Law, JSTOR; Emerald, EBSCO’S, Legit Quest, Sage Journals,
International Taxation, Oxford Handbooks; Sage Research Methods, Nature Journal,
McGraw Hill Education India E-Books, SCOPUS, Web of Science, Pearson E-Books etc.

5. ASSESSMENT

‘Civil Procedure Code & Limitation Act II’ is a 4-credit course; therefore, you will be
examined in this course for 100 marks by Internal (40%) and Term-End Assessment
(60%) format.

Internal Assessment:
Internal examination will be conducted for 40 marks. It will include:

A. First Mode of Internal Continuous Evaluation – Project - (10 marks)

[Examiner: Ms. Megha Nagpal]
B. Second Mode of Internal Continuous Evaluation – Case Analysis - (10
marks) [Examiner: Ms. Megha Nagpal]

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C. Third Mode of Internal Continuous Evaluation – Quiz I (5 Marks)

[Examiner: Ms. Megha Nagpal]
D. Fourth Mode of Internal Continuous Evaluation – Tutorial (Open Book
Examination) (10 marks) [Examiner: Ms. Sanjana Bali]
E. Fifth Mode of Internal Continuous Evaluation – Quiz II (5 Marks)
[Examiner: Ms. Megha Nagpal]

Term-End Assessment:
The Symbiosis International (Deemed University), Pune will conduct term-end
examination for 60 marks at the end of the Semester. It may consist of 4 subjective-
type/cases and open problems/questions (15 marks each) each with an alternative.

6. INTERNAL ASSESSMENT / INTERNAL CONTINUOUS EVALUATION:

MODE AND SCHEDULE

Each student will have to attempt each of the above evaluation modes on all occasions.
The details pertaining to the three internal Continuous Evaluation / Assessment modes
are as follows:

A. ‘Project’ - Mode and Schedule

Research project is aimed at improving the writing, drafting, research, communication,

and presentation skills to make students’ learning academically more challenging and
rigorous than standard lecture and test format courses.

One research project will be undertaken by each learner. The evaluation pattern for the
project will be based on written submission. The entire project will carry 10 marks in
total.

The topics/case for this mode shall be assigned/posted by course-in-charge

Ms. Megha Nagpal and will be uploaded at relevant ‘Assignment @ ICE Team on
Microsoft Teams per schedule given hereinbelow. Refer to Annexure A herein for
detailed guidelines for the submission.

The project must be accompanied with complete Turnitin-generated plagiarism

report. No submission will be accepted without the plagiarism report. As per the anti-
plagiarism rules, similarity index more than 10% shall invite strict actions, and projects
with more than 10% plagiarized content shall be marked zero. Despite the
report’s content similarity being lower, if the examiner identifies any plagiarism,
undetected by Turnitin, the learner will have to face a penalty of negative marking
(negative marking upto 5 marks).

Pertinent details respect to generation of Turnitin Report and its upload on

‘Assignment @Microsoft Teams’ are as follows:

• Classes - course wise for Batch 2018-23 at Turnitin will be created.

• Upload complete assignment in your respective class @Turnitin.
• Once the Turnitin report is generated, download it and then upload the same
report as it generated on “Assignment @Microsoft Teams”, as applicable in a
given case, for the purpose of evaluation.

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Late Submission will invite the deduction of two marks per day. Deduction of the
marks will be calculated from the last date of submission.

Project Schedule:

Assignment Submission Result

January 17, 2022 February 3, 2022 February 14, 2022

B. ‘Case Analysis’ - Mode and Schedule

A case analysis exercise is aimed at making students think analytically of the provisions of
the Code of Civil Procedure and their application to factual scenarios. It is aimed at giving
students an opportunity to understand the practical applicability of the Code of Civil
Procedure, and simultaneously improving their articulation and analytical skills.

One submission for 10 marks will be undertaken by each learner.

The topics/case for this mode shall be assigned/posted by course-in-charge

Ms. Megha Nagpal and will be uploaded at relevant ‘Assignment @ ICE Team on
Microsoft Teams per schedule given hereinbelow. Refer to Annexure B herein for
detailed guidelines for the submission.

The submission must be accompanied with complete Turnitin-generated plagiarism

report. No submission will be accepted without the plagiarism report. As per the anti-
plagiarism rules, similarity index more than 10% shall invite strict actions, and projects
with more than 10% plagiarized content shall be marked zero. Despite the
report’s content similarity being lower, if the examiner identifies any plagiarism,
undetected by Turnitin, the learner will have to face a penalty of negative marking
(negative marking upto 5 marks).

Pertinent details respect to generation of Turnitin Report and its upload on

‘Assignment @Microsoft Teams’ are as follows:

• Classes - course wise for Batch 2018-23 at Turnitin will be created.

• Upload complete assignment in your respective class @Turnitin.
• Once the Turnitin report is generated, download it and then upload the same
report as generated on “Assignment @Microsoft Teams”, as applicable in a
given case, for the purpose of evaluation.

Late Submission will invite the deduction of two marks per day. Deduction of the
marks will be calculated from the last date of submission.

Case Analysis - Schedule:

Assignment Submission Result

February 15, 2022 March 3, 2022 March 14, 2022

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C. ‘Quiz I’ - Mode and Schedule

Two Quizzes shall be conducted via online mode from the part of the course delivered via
asynchronous mode. Online Quiz I shall have 5 multiple choice questions of 1
mark each.

There is no negative marking. The duration of the quiz shall be 15 minutes. The
Quiz will be in the form of the fill in the blanks, true/false, Statement/Code, Paragraph
based, Data Based, Logical Sequence, matching questions relating to the subject. The
goal of the quizzes is to prepare, motivate and help the students recall/remember what
they learned. It aims at judging the knowledge and understanding of a student.

Schedule – Quiz I

Topic
Date Time
(Lecture Plan - Asynchronous Mode)

Video 1 to 6 with the following sub-

topics:

6.1 Right to Sue

6.2 Abatement: Effect of Death of a
As will be notified
Party on Suit March 19,
by Examination
6.3 Devolution; Marriage; Insolvency of 2022
Department.
Parties
6.4 Order 22: Procedural Aspects
7.1 Withdrawal of Suit: With & Without
Court’s Leave
7.2 Grounds for Withdrawal of Suit

D. ‘Tutorial’ - Mode and Schedule

There will be one tutorial. It shall be “Cases and Open Problems/Questions”.

Tutorial will carry 10 marks.

In preparing for tutorial, you will be asked to use knowledge and understanding of civil
procedure to support your answer to hypothetical, factual or problem scenarios. Tutorial is
designed to ensure that the students practice their ability to reflect and relate theories
and improve their expression style in writing. Tutorial also provides you an opportunity
to develop written skills of coherent presentation and reasoned argument.

Tutorial will be an Open Book Examination, i.e., examinees are allowed to bring and
use any material including Books, Articles, Hand-Written Notes, Notes, Hand-outs and
the like printed material. It will be conducted on specified date per schedule below.

Tutorial Schedule:

Tutorial Date Result Date Topic

April 2, 2022 April 13, 2022 Topics IV (Review Procedures)

and IX (Limitation Act, 1963)

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E. ‘Quiz II’ - Mode and Schedule

Two Quizzes shall be conducted via online mode from the part of the course delivered via
asynchronous mode. Online Quiz II shall have 5 multiple choice questions of 1
mark each.

There is no negative marking. The duration of the quiz shall be 15 minutes. The
Quiz will be in the form of the fill in the blanks, true/false, Statement/Code, Paragraph
based, Data Based, Logical Sequence, matching questions relating to the subject. The
goal of the quizzes is to prepare, motivate and help the students recall/remember what
they learned. It aims at judging the knowledge and understanding of a student.

Schedule – Quiz II

Topic
Date Time
(Lecture Plan - Asynchronous Mode)

Video 7 to 11 with the following sub-

topics:

7.3 Compromise of Suits and Consent Decree As will be notified

8.1 Summary Suit: Applicability of Order April 16, 2022 by Examination
XXXVII Department.
8.2 Summary Suit: Procedure
8.3 Summary Suit: Leave to Defend
8.4 Summary Suit: Miscellaneous Aspects

7. ADMINISTRATIVE ARRANGEMENTS & CONTACT HOURS

The Course-in-Charge for ‘Civil Procedure Code & Limitation Act I’ is Ms. Megha Nagpal.
Ms. Sanjana Bali is co-faculty. She can be reached at sanjana.bali@gmail.com . In
case you face any problem in dealing with the subject, feel free to write to the concerned
faculty at megha.nagpal@symlaw.edu.in between 10:00 am to 4:00 pm.

==========

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Annexure A

SPECIFIC GUIDELINES FOR PROJECT SUBMISSION

Following guidelines shall be observed for preparing research project for ‘Civil
Procedure Code and Limitation Act-II’:

1. Topic of project —

Each learner shall be assigned a topic by the course-in-charge from the Code of Civil
Procedure, 1908 or the Limitation Act, 1963 as per applicable syllabus. The topics
will be uploaded/assigned on the Microsoft Teams’ ‘Files’ tab as per Schedule
announced aforesaid.

2. Based on the topic so assigned, the learner is required to compose a hypothetical

situation consisting of a civil dispute. The said dispute could relate to transfer of
property, intellectual property, succession, divorce, a written contract, or the like.
Learners are required to choose only those disputes that can be adjudicated
by civil courts and to which provisions of the Code of Civil Procedure, 1908
and/or the Limitation Act, 1963 apply.

3. The HYPOTHETICAL SITUATION should specify the following SUB-HEADS

separately:
[(two marks) – for consisting of all points a. to c.]

a. Topic assigned and Complete details of the nature of draft filed along with
the provision(s) under which the same is filed; (half mark)
b. Names and Status (i.e. applicant/appellant and respondent) of all parties
to the appeal or application; (half mark)
c. Complete factual background with all relevant details; (one mark)

4. Once the hypothetical situation is composed, learner has to IDENTIFY One

DEBATABLE QUESTION in the hypothetical civil dispute relating to the topic
assigned. This debatable question should be either a question of law or a mixed
question of law and fact. (two marks)

5. Learners are then required to write ANSWER to the debatable question in

paragraph form supporting the same with reasons and judgements. (two marks)

6. Further, learners are to choose an applicable civil remedy that is available to the
party they are representing. Then, based on their remedy, learners are to DRAFT
an appropriate application/appeal. For example, if the topic assigned is
‘Garnishee Order’, the draft can be an application praying for a garnishee order to
be passed by the court. The draft should be supported with appropriate verification
and affidavit. (four marks)

Note: In this mode, the draft CANNOT be a reply to any application. Therefore, each
learner can only represent the instituting side, that is, either applicant or appellant;
and in case of any topic relating to execution – either applicant/decree-holder or
applicant/judgement-debtor depending upon the topic assigned.

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7. Only hypothetical names are to be used in the Submission. Specifically, learners

should not use names of current students, alumni, faculty members and staff
members.

8. General Guidelines:

a. Sequence of pages: Cover Page, Index, Declaration, Contents (as per

points 3 to 6 above), Full Turnitin Report. All documents to be merged in
this sequence in ONE .pdf file. For merging the documents, you can use any
free legal software/website like www.ilovepdf.com ; www.smallpdf.com etc.

b. Naming Convention: The .pdf file must be named as:

CPC II (Project) – Full Name – Division/Group

c. There should be sufficient margin on each side of the page.

d. Font Size: 12, Font Style: Times New Roman, Line Spacing: 1.15.
e. Submission should be preceded with a proper INDEX and be duly
paginated.
f. Submission is required to be preceded with Cover Page and
Declaration.
g. You are to make timely submissions, failing which your submission may not
be accepted at the discretion of the examiner.
h. Turnitin Report: Complete Turnitin report as generated through Turnitin
portal. You may exclude Index and Declaration for generating this similarity
report through Turnitin.

9. Evaluation Criteria of Submission for Project:

• The evaluation pattern will be based on one written submission of 10

marks. The division of these 10 marks is stipulated hereinabove.
• Non-observance of specific and/or general guidelines for submission shall
attract negative marking.
• Acceptance of late submission is solely the discretion of the evaluator.
• Creativity shown in the submission in terms of draft(s) chosen, multiple
drafts, etc. may result in obtaining full marks in this mode.
• The draft may also be evaluated for Adherence to format, Cohesion and
Structure of Arguments, Articulation, Prayer.

--

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Annexure B

SPECIFIC GUIDELINES FOR CASE ANALYSIS SUBMISSION

Learners are to observe following guidelines for preparing the submission.

These guidelines are in addition to those mentioned aforesaid under ‘Case
Analysis – Mode and Schedule’.

1. Topic —

Each learner shall be assigned a topic by the course-in-charge from the Code of
Civil Procedure, 1908 from the applicable syllabus. The topics will be
uploaded/assigned on Files tab and ‘Assignments @ICE, Microsoft’ Team in
accordance with the Schedule announced aforesaid.

2. Based on the topic so assigned, the learner is to choose a judgement of the

Supreme Court of India or Privy Council (only in cases of Appeals from India), and
is then required to carry out an I-R-A-C analysis of this judgement.

Note: Learners must ensure that the judgement chosen is an important

decision/precedent for the topic assigned and has not been overruled.

3. The IRAC Method

a. IRAC stands for ISSUE-RULE-ANALYSIS-CONCLUSION. One of the uses of

this method is briefing judgements to decipher the reasons for conclusion of
the court.
b. To know how the IRAC Analysis must be carried out primarily read the
California State University Northridge, USA’s document, available at
https://www.csun.edu/~kkd61657/brief.pdf .
c. For further understanding of the IRAC method, learners may see Columbia
Law School’s document, available at http://www-
stage.law.columbia.edu/sites/default/files/2020-
03/organizing_a_legal_discussion.pdf; or Berkeley’s at
https://www.law.berkeley.edu/files/IRAC_handout.doc .

4. How to draft the submission and point-wise marking scheme:

a. PRELIMINARY DETAILS: (two marks)

i. Topic Assigned
ii. Case-Law/Judgement Chosen – full title and citation
iii. Forum – Supreme Court of India or Privy Council
iv. Relevant Facts from the judgement chosen
v. Procedural History of the case

b. ISSUE: Identify Relevant Issue(s) (one mark). Briefly state the relevant
question(s) before the Court. The IRAC Analysis of the chosen judgement
should be restricted to issues relating to the topic assigned.

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 CPC - II 2022

c. RULE: State the applicable Sections and Rules of the Code of Civil
Procedure and/or any Act/Notification specifically applicable to the framed
question. The relevant portion of governing provision(s) should be
mentioned. Next state the full name and citation of the judgements
relied on by the Court in reaching its conclusion (two marks).

d. ANALYSIS: (three marks)

i. Discuss the arguments presented from both sides
ii. Discuss the judgements and/or any reports/secondary sources
relied on by the Court
iii. Examine the interpretation given by the Court to the applicable
provisions
iv. Discuss the application of this interpretation to the facts of the case

e. CONCLUSION: State the decision of the Court and the Principle laid down
in the judgement. (two marks)

5. General Guidelines:

a. Sequence of pages: Cover Page, Index, Declaration, Contents (as per point
4 above), Full Turnitin Report. All documents to be merged in this sequence
in ONE .pdf file. For merging the documents, you can use any free legal
software/website like www.ilovepdf.com ; www.smallpdf.com etc.

b. Naming Convention: The .pdf file must be named as:

CPC II (Case Analysis) – Full Name – Division/Group

c. There should be sufficient margin on each side of the page.

d. Font Size: 12, Font Style: Times New Roman, Line Spacing: 1.15.
e. Submission should be preceded with a proper INDEX and be duly
paginated.
f. Submission is required to be preceded with Cover Page and
Declaration.
g. You are to make timely submissions, failing which your submission may not
be accepted at the discretion of the examiner.
h. Turnitin Report: Complete Turnitin report as generated through Turnitin
portal. You may exclude Index and Declaration for generating this similarity
report through Turnitin.

6. Evaluation Criteria of Submission for Case Analysis:

• The evaluation pattern will be based on one written submission of 10

marks. The division of these 10 marks is stipulated hereinabove.
• Non-observance of specific and/or general guidelines for submission shall
attract negative marking.
• Acceptance of late submission is solely the discretion of the evaluator.
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