Teaching Plan

of

Civil Procedure Code-II

for

B.A. LL.B. (Hons.)

Semester VII

Session AUGUST- DECEMBER 2022

Compiled by:*
Praveen Tripathi
Course Teacher

*Acknowledgement: Thanks to Prof. Gautam Gupta for sharing the Course Content of
CPC II.
Contents
PREFACE/OUTLINE OF THE SUBJECT ......................................... 2
OBJECTIVES OF THE COURSE ...................................................... 2
PEDAGOGY ...................................................................................... 2
SYLLABUS ......................................................................................... 3
READINGS ........................................................................................ 5

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PREFACE/OUTLINE OF THE SUBJECT
As it is procedural law which puts life into the substantive law by providing a remedy and
justifies the well-known maxim ubi jus ibi remedium that is where there is a right there is
a remedy, it is extremely important to make the students understand the procedural
aspects of the civil law. Be it a matter of contract, property, family dispute or any dispute
of civil nature, the procedure followed by the Indian courts would be the Code of Civil
procedure.

The subject Civil Procedure Code and Law of Limitation is divided into two semesters,
and this semester the course is designed to acquaint the students with the structure of
the civil judiciary, its powers and jurisdiction, and the significance of various procedural
steps stipulated for the trial of civil litigation. The goal of "fair trial" and its structure in
adversarial proceedings will be examined in this course. The nature and significance of
pleadings and practical aspects relating to them are studied. Access to justice
particularly for the poor is examined in detail.

This course will pursue civil litigation through appellate courts examining the corrective
steps available in civil proceedings. Appellate litigation strategies and choice of grounds
for appellate/revision petitions are studied in the context of provisions of the C.P.C. and
rules of civil practice. Drafting exercises will form a major part of the course.

OBJECTIVES OF THE COURSE

CO1 Understand a civil case flow and procedures on specific stages.

CO2 Solve problem scenarios in the civil process by applying relevant law.
Identify the choice of procedural options during a civil case and available
CO3
methods for resolving disputes.
CO4 Appreciate the relationship between procedure and access to justice.

CO5 Recognize Ethical issues arising in relation to the civil process.

PEDAGOGY
Procedural Law teaching requires giving the student an insight into the court processes
and case-flow stages. Thus, the teaching should involve a step-by-step guide of the case
flow and incidental and ancillary processes. In this endeavour, teaching will be by
discussion of provisions relating to the procedure to be adopted at a specific stage of
case-flow and by case study method along with illustrations. A brief scheme of the case
flow is provided herewith for the students understanding to keep them informed about
the various stages. Objectives and the reasons chapter-wise / part-wise in relation to
the provisions will be discussed. Students will be encouraged to participate in the
discussion and to obtain answers to their questions. Simultaneously, focus will be
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directed to the practical aspects dealing with varieties of situations which arise before
courts when the procedure is applied to the given facts of the cases.

SYLLABUS

MODULE I: GENERAL PROVISIONS OF TRIAL, JUDGMENT AND DECREE

• Fair Trial and Principles of Natural Justice
• Scope of First Hearing and Trial Hearing
• Discovery, Inspection & Production, Impounding and Return of Documents
• Trial in Civil matter
o Summoning and Attendance of Witnesses
o Hearing of the Suit and examination of witnesses
o Role of Commissions
• Judgment and Decree
o Interest & Costs

Cases:
✓ Afcons Infrastructure v. Cheriar Verky Co., (2010) 8 SCC 24
✓ Salem Advocate Bar Assn. v. Union of India, (2005) 6 SCC 344
✓ R.C. Sharma v. Union of India, (1976) 3 SCC 574
✓ SBI v. Chandra Govindji, (2000) 8 SCC 532
✓ Dwawrka Prasad v. Rajkumar, AIR 1976 MP 2141
✓ Ravi Fabrics v. Shaherbon Traders, AIR 2003 Mad 192

MODULE II: SUPPLEMENTAL, INCIDENTAL AND SPECIAL PROCEEDINGS

• Death, Marriage and Insolvency of Parties
• Withdrawal and Comprise of Suits
• Supplemental Proceedings
o Arrest
o Attachment
o Temporary Injunctions
o Receiver
• Transfer of Suits
• Caveat

Cases:

✓ M. Veerappa v. Elvyn Sequeria, (1988) 1 SCC 689

✓ Raman Tech & Process Engg. Co. v. Solanki Traders, (2008) 2 SCC 302
✓ Pushpa Devi v. Rajinder Singh, 2006 SC
✓ Gujrat Bottling Co. v. Coca-Cola Co., (1995) 5 SCC 545
✓ Morgan Stanley Mutual Funds v. Kartick Das, (1994) 4 SCC 225
✓ Dalpat Kaur v. Prahalad Singh, AIR 1993 SC 276
✓ Sardar Govindrao v. Devi Sahai, (1982) 1 SCC237
✓ Premraj Mundra v. Mohd. Maneck Gazi, AIR 1951 Cal. 156
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 ✓ Martin Burn Ltd. v. R.N. Banerjee, AIR 1958 SC 79
✓ American Cyanamide Co. v. Ethicon Ltd., (1975) All ER 504
✓ Durgesh Sharma v. Jayashree, (2008) 9 SCC 648

MODULE III: EXECUTION OF DECREES & ORDERS

• Courts Executing Decrees
• Stay of Execution
• Mode of Execution-Payment under Decree
• Arrest, Detention, Attachment and Sale of Property
• Restitution

Cases:
✓ Saroj Rani v. Sudarshan Kumar Chaddha, (1984) 4 SCC 90
✓ Merla Ramanna v. Nallapa Raju, AIR 1956 SC 87
✓ Jolly George Verghese v. Bank of Cochin (1980) 2 SCC 360
✓ Union of India v. S.B. Singh, AIR 1988 All 228
✓ Jai Narain v. Kedarnath, AIR 1956 SC 359
✓ Ghanshyam Das v. Anant Kumar Sinha, (1991) 4 SCC 379

MODULE IV: RECONSIDERATIONS PROCESS

• Appeal
• Revision
• Review
• Reference
• Restitution

Cases:
✓ Anant Mills Co. Ltd. v. State of Gujarat, (1975) 2 SCC 175
✓ Garikapati Veerya v. N. Subbiah Chaudhury, AIR 1957 SC 540
✓ Chunnilal Mehta v. Century Spinning & Mfg. Co. Ltd., AIR 1962 SC 1314
✓ Adi Pheroz Shah Gandhi v. HM Seervai, Advocate General of Maharashtra Bombay,
AIR 1971 SC 385
✓ CIT v. Scindia Steam Navigation Co. Ltd. AIR 1961 SC 1633
✓ Major Khanna v. Brigadier Dhillon, AIR Northern India Carriers (India) Ltd. v. Lt.
Government Delhi (1980) 2 SCC 167 (171)1964 SC 497
✓ Delhi Administration v. Gurdeip Singh Uban (2000) 7 SCC 296
✓ Haridas Das v. Usha Rani Banik, (2006) (3) SCALE 287

MODULE V: LAW OF LIMITATION, COURT FEE ACT & VALUATION OF SUITS ACT
• Foundation of Law of Limitation
• Bar of Limitation
• Exception and Exclusion of time in computing prescribed period
• Salient features of Law of Court Fees
• Salient features of Law of Suit Valuation
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Cases:

✓ Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815

✓ Collector (LA) v. Katiji, (1987) 2 SCC 148
✓ N. Balakrishnan v. M. Krishnamurhty, AIR 1998 SC 3222
✓ Prem Singh v. Birbal, (2006) 5 SCC 353
✓ Karuppaswamy v. C Rama Murthy, AIR 1993 SC 2324
✓ Udayan Chinubhai v. R. C. Bali, (1977) 4 SCC 309
✓ State of Keralav. T. M. Chako, (2009) 9 SCC 722
✓ Prabhakaran v. M. Azgagiri Pillai, AIR 2006 SC 1567
✓ RPF Comm v. K.T. Rolling Mills (P) Ltd., AIR 1995 SC 943
✓ Lala Balmukund v. Lajwanti (1975) 1 SCC 725
✓ CST v. Parson Tools and Plants, (1975) 4 SCC 22
✓ Valliama Champaka Pillai v. Sivathanu Pillai, (1979) 4 SCC 429
✓ Tilak Ram v. Nathu, AIR 1967 SC 935

READINGS
Readings on judicial pronouncements are indicated separately in the detailed course
content below. Two sets of judgments are identified as essential and reference.
Essentials will be discussed in the classroom during lecture hours, and students are
encouraged to read reference judgments on their own and discuss them during tutorials.
However, in no case should the list be construed as exhaustive as during the
continuation of the course new cases may be added.

Essential Text Book:

✓ C.K. Takwani, Civil Procedures and Limitation Act, 1963 (EBC, 8th Ed. 2017)
✓ Mulla’s The Key to Indian Practice- A summary of the Code of Civil Procedure (Lexis
Nexis, 11th Ed., 2016)

Reference Readings:
✓ Sarkar Code of Civil Procedure I, II (Revised by Justice M L Singhal & Sudipto
Sarkar, Lexis Nexis, 12th Ed., 2017)
✓ Mulla’s The Code of Civil Procedure I, II, III (Revised by Justice Deepak Verma,
Justice C K Prasad & Namit Saxena, Lexis Nexis 19th Ed. 2017)
✓ U N Mitra, Law of Limitation and Prescription I, II (Lexis Nexis, 15th Ed. 2018)
✓ T.R. Desai, Commentary on The Limitation Act (EBC, 11th Ed. 2016)
✓ N.R. Madhav Menon, et al, A Primer on Indian Practice (NLSIU, 2017)
✓ J.A. Jolowicz, On Civil Procedures (Cambridge University Press, 2010)
✓ Joseph W. Glannon, Civil Procedures (Aspen, 1997)
✓ Cost and Fee Allocation in Civil Procedure: Comparative Study (Mathias Reimann ed.,
Springer, 2012)

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 CASE FLOW IN GENERAL

PLAINT

INSTITUTION OF SUIT

SUMMONS TO DEFENDANT

PRE-TRIAL WRITTEN STATEMENT

STAGE

FIRST HEARING:
EXAMINATION OF Supplemental,
incidental and special
PARTIES
proceedings through an
Interim Application or
Misc. Petition can take
• DISCOVERY
place during the
• INTERROGATORIES pendency of suit or
• INSPECTION proceedings in
• ADDMISSION continuation of suit as
• PRODUCTION OF DOC. provided in C.P.C.

FRAMING OF ISSUES

EVIDENCE REVISION
HEARING
OF SUIT
TRIAL STAGE
ARGUMENTS

JUDGMENT & DECREE

REVIEW APPEALS EXECUTION

OF DECREE

SECOND APPEAL

APPEAL TO SC

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