COURSE OUTLINE

Name of Course
Code of Civil Procedure

SECTION 1 – GENERAL INFORMATION

1.1 Administrative details

Associated higher Duration Subject Coordinator/s
education awards

5 years BB.A LL.B Semester – 9 (one

3 years LLB semester)
Prof. Pooja Ogale
Semester – 5 (one
semester)

1.2 Core or elective subject

Indicate if the subject is a
Core subject
Elective subject
Other (please specify below):

1.3 Subject weighting

Using the table below, indicate the credit point weighting of this subject
Subject credit points

03 credit points (ECTS) equivalent to 4 KSLU Credits

1.4 Student workload

Using the table below, indicate the expected student workload per week for
this subject.
No. timetabled hours No. personal study Total workload hours per
per week* hours per week** week***
(including Group
Work)
240 minutes 300 minutes (5 540 minutes (9 hours)
(4hours) hours)
* Total time spent per week at lectures, tutorials, clinical and other
placements etc.
** Total time students are expected to spend per week in studying,
completing assignments, etc.
*** That is, * + ** = workload hours.

1.5 Delivery mode

Tick all applicable delivery modes for the subject:

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 Face to face on site
E-learning (online)
Intensive (provide details)

Block release (provide details)

Work-integrated learning activity

Mixed/blended
Distance/independent learning
Full-time
Part-time
External
Fast track (provide details)

Other (please specify)

1.6 Pre-requisites and co-requisites

Are students required have undertaken a prerequisite or co-requisite
subject for this subject?
Yes No
If YES, provide details of the prerequisite or co-requisite requirements
below.

1.7 Other resource requirements

Do students require access to specialist facilities and/or equipment for this
subject (for example, special computer access, and physical education
equipment)?
Yes No
If YES, provide details of specialist facilities and/or equipment below.

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1.8. Career Track
Learning law theoretically is not of much use unless we know how to put it into
practice. Knowledge of substantive law should be aptly complemented with the
knowledge of procedural aspects of law. In this course, we will be studying the
Code of Civil Procedure and Law of Limitation in detail. This Code details the
procedures undertaken in India with respect to courts that exercise civil
jurisdiction.
Any study relating to civil procedure is incomplete without studying the limitation
laws. The Law of Limitation details the limitation period of various proceedings as
well as enforcement of rights.

1.9. Alignment with Learning Goal and Learning Objectives

GLG 1 – Effective Communication and Teamwork
1.2. Legal Communication
1.3. Team Work
GLG 4- Problem Solving
4.1- Problem Solving
4.2 Evaluation of Alternatives
4.3 Feasible Solutions
GLG 5- Analytical Skills
5.2 Visualizations of Situations
5.3. Articulation of Solutions
GLG 6- Functional Knowledge
6.1 Knowledge of Legal Function
6.2 Proficiency in Legal Tools

SECTION 2 – ACADEMIC DETAILS

Learning outcomes for Assessment tasks
Course
Type * When assessed – Weighting
(see examples year, session and (% of total
noted below this week marks for
table) (for example, year 1, subject)
semester 1, week 1)

Assignment+ During the Semester 20%

Assesment
a. Studying the various (KSLU)
kinds of jurisdiction
Group During the Semester 10%
b. Understanding the Presentation on
type of pleadings in landmark cases/
a civil suit, recent
admission, return developments in
and rejection subject area.
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Learning outcomes for Assessment tasks
Course
Type * When assessed – Weighting
(see examples year, session and (% of total
noted below this week marks for
table) (for example, year 1, subject)
semester 1, week 1)

MCQ+Descriptiv During the Semester

20%
e Test

thereof End Term Exam End of Course 50%

c. Understanding the
different kinds of
suits

d. Understanding in
detail the procedure
of trial of suits Total 100%

Learning outcomes for Assessment tasks

Course
Type * When assessed – Weighting
(see examples year, session and (% of total
noted below week marks for
this table) (for example, year 1, subject)
semester 1, week 1)

Test Week 10 10%

a. Studying the various
kinds of jurisdiction

b. Understanding the During the Semester

type of pleadings in a Assignment 5%
civil suit, admission,

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 Learning outcomes for Assessment tasks
Course
Type * When assessed – Weighting
(see examples year, session and (% of total
noted below week marks for
this table) (for example, year 1, subject)
semester 1, week 1)

a. Studying the various

kinds of jurisdiction

b. Understanding the Seminar based

type of pleadings in a on assignment During the Semester 5%
civil suit, admission,
return and rejection
thereof

c. Understanding the
different kinds of
suits
return and rejection
d. thereof
Understanding in
detail the procedure
c. Understanding
of trial of suits the
different kinds of
e. suits
Understanding End Term
End of Course 80%
supplementary Exam
d. Understanding
proceedings in
and
detail the procedure
laws of limitation
of trial of suits

e. Understanding
supplementary
proceedings and Total 100%
*The test would be of 1 hour and would consist of 1 essay question and 1 short
note/problem question. Final exam would consist of long and short answer
questions.

2.1 Session Wise Details

Pre-session
Session Topic Pedagogy
Readings
Each Module has a structure that will be followed right through the course. Pre-reads specified
for the relevant sessions should be read before each class.
Module 1: Introduction and Jurisdiction

Learning Objectives
 Definitions under the Code
 Jurisdiction of civil courts
 Doctrine of res sub judice and res judicata

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 Pre-session
Session Topic Pedagogy
Readings

Opening Introduction to the subject Pedagogy

Session
1, 2  Distinction between PPT+Lecture
procedural and
substantive law
 History of the code
 Definitions

3,4,5  Suits Section 9 PPT+Lecture

 Jurisdiction of the civil courts CPC
 Kinds of Jurisdictions
 Bar on suits
 Suits of civil nature
6,7,8 Sections PPT + Lecture
 Doctrine of Res Sub judice
10, 11
 Doctrine of Res Judicata and 12

9,10,11  Foreign Judgment Sections PPT+Lecture+

13 and 14 Class
 Place of Suits Sections Discussion
 Transfer of Cases 15 to 20
Sections
22 to 25

Module 2 : Parties to suits

Learning Objectives
 Institutions of suits and summons
 Pleadings and parties to suits

12,13,14 Section 26 and PPT+Lecture

 Institution of suits and
Order 4
summons
Sections 27, 28, 31
 Interests and costs and Order 5

Sections 34, 35,

35A, and 35B
15,16,17 Pleadings PPT+Lecture
 Fundamental rule of pleading
 Plain and written statement
 Return and rejection of plaint
 Set Off
 Counter claim

Parties to the Suit Order 1 PPT+Lecture

18,19,20  Joinder of parties

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 Pre-session
Session Topic Pedagogy
Readings
 Misjoinder of parties
 Non-joinder of parties

 Misjoinder of causes of action

 Multifariousness

Module 3: Trial of suits

Learning Objectives
 Appearance and examination of parties
 Admission, affidavit, and adjournment
 Withdrawal and compromise of suits
 Judgment, decree, and execution
22, 23 Appearance and examination of parties Orders 9 and 18 PPT+Lecture

Discovery, inspection, and Orders 11 and 13 PPT+Lecture

24, 25,26 production of documents
27,28 First hearing and framing of issues Orders 10 and 14 PPT+Lecture

29 Admission and Affidavit Orders 12 and 19 PPT+Lecture

30 Adjournment Order 17 PPT+Lecture
31 Death, marriage – Insolvency of Order 22 PPT+Lecture
parties
32,33  Withdrawal and compromise Order 23 PPT+Lecture
of suits Order 20
 Judgment and Decree
34,35,36 Execution Sections 30 to 74 PPT+Lecture
Order 21
 General principle of execution
 Power of executing court
 Transfer of decrees of
execution
 Mode of execution
 Arrest and Detention
 Attachment
 Sale

Module 4: Particular suits and Supplementary proceedings

Learning Objectives:
 Suits in particular cases
 Interim orders, temporary injunction
 Reference, review, and revision

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 Pre-session
Session Topic Pedagogy
Readings
37,38,3 Suits in particular cases
9,40  Suits by or against
governments Sections 79 to 82,
Order 27
 Suits by aliens and by or
Sections 85 to 87
against foreign rulers,
Sections 91 to 93
ambassadors PPT+Lecture
Order 30
 Suits relating to public matters
Order 32
 Suits by or against firms
Order 33
 Suits by or against minors and
unsound persons
 Suits by indigent persons
41,42,4  Inter pleader suits Section 88, Order
3,44,45  Interim Orders 35
 Commissions Section 75, Order
 Arrests before judgment and 26
attachments before judgment Order 38
 Temporary injunctions Order 39
 Appointment of receivers Order 40
 Appeals Sections 90 to PPT+Lecture
 Reference, Review, and 109, Orders 41,
Revision 42, 43, and 45
 Caveat Sections 113 to
115, Order 46
 Inherent powers of court
Section 144A
Sections 148, 149,
and 151

Module 5: Law of Limitation

Learning Objectives:
 Law of limitation

 Introduction to the law of limitation

 Bar of limitation, effect of expiry of
limitation and extension of
limitation period
46,47,48,
 Legal disability, exclusion of time PPT+Lecture
49,50
and computation of limitation
period
 Acquisition and extinguishment of
proprietary rights

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 2.2 Prescribed and recommended readings
Provide below, in formal reference format, a list of the essential and
recommended readings for the subject.

ESSENTIAL READINGS/TEXTBOOKS
1. Bakshi P M, Mulla’s Civil Procedure Code, 12th Ed. (Bombay, Tripathi, 1990)
2. Takwani CK, Civil Procedure Code (Eastern Book Co, 2010)
3. Tandon MP, Code of Civil Procedure, (Allahabad Law Agency)
Prescribed Statute
1. The Code of Civil Procedure, 1908
2. The Limitation Act, 1963
3. Karnataka Civil Rules of Practice
Reference Books:
1. Jain JD, The Limitation Act (Allahabad Law Agency, 2011)
2. Malik MR, Ganguly’s Civil Court, Practice, and Procedure (Eastern Law House,
2012)