Objectives:
Study of procedural law is important for a Law student. This course is designed to acquaint the
students with the various stages through which a civil case passes through, and the connected
matters. The course also includes law of limitation.The course teacher shall Endeavour to
familiarise the students with the case papers (like plaints, written statements, Interlocutory
applications, etc.) involved in civil cases and touch upon the provisions of Evidence Act
wherever necessary.
Course contents:
UNIT -I
Civil Procedure Code Introduction;
Distinction between procedural law and substantive law- History of the code, extent and its application,definition;
Suits: Jurisdiction of the Civil Courts- Kinds of jurisdiction-Bar on suits- Suits of civil nature (Sec.9);
Doctrine of Res sub judice and Res judicata (Sections 10, 11 and 12);
Foreign Judgment (Sections 13-14); Place of Suits (Sections. 15 to 20);
Transfer of Cases (Sections. 22 to 25).
UNIT -II
Institution of suits and summons: (Sections. 26, 0.4 and Sections. 27, 28, 31 and O.5);
Interest and Costs (Sections. 34, 35, 35A, B);
Pleading: Fundamental rules of pleadings- Plaint and Written Statement- Return and rejection of plaint- Defences- Set off- Counter claim;
Parties to the suit (O. 1): Joinder, misjoinder and non-joinder of parties- Misjoinder of causes of action. Multifariousness.
UNIT - III
Appearance and examination of parties (0.9, 0.18)
Discovery, inspection and production of documents (0.11 & 0.13)
First hearing and framing of issues (O.10 and 0.14)
Admission and affidavit (0.12 and 0.19)
Adjournment (0.17)
Death, marriage-Insolvency of the parties (0.22)
Withdrawal and compromise of suits (0.23)
Judgment and Decree (0.20)
Execution (Sections 30 to 74, 0.21):
General principal of execution- Power of executing Court- Transfer of decrees for execution- Mode of execution- a) Arrest and detention, b) Attachment, c) Sale.
UNIT -IV
Suits in particular cases;
Suits by or against Governments (Sections 79 to 82, 0.27);
Suits by aliens and by or against foreign rulers, ambassadors (Sections 85 to 87); Suits relating to public matters (Sections 91 to 93);
Suits by or against firms (0.30);
Suits by or against minors and unsound persons (0.32);
Suits by indigent persons (0.33);
Inter-pleader suits (Sec. 88, 0.35);
Interim Orders; Commissions (Sec. 75, 0.26);
Arrest before judgment and attachments before judgment (0.38);
Temporary injunctions (0.39);
Appointment of receivers (0.40);
Appeals (Sections 90 to 109, 0.41, 42, 43, 45);
Reference- Review and Revision (Sections. 113, 114, 115, 0.46, 0.46);
Caveat (Sec. 144.A)
Inherent powers of the Court (Sections 148, 149, 151).
UNIT-V
Limitation Act, 1963.
Prescribed Books:
Bakshi, P.M., Mulla’s Civil Procedure Code, 12′ Edition, (Bombay: Tripathi, 1990).
Tandon, M.P, Code of Civil Procedure, (Allahabad Law Agency, 2005)
Karnataka Civil Rules of Practice – Bare Act.
Reference Books:
Malik, M.R, Ganguly’s Civil Court, Practice and Procedure, (Eastern Law House, 2012)
Takwani, C.K, Civil Procedure Code. (Eastern Book Co., 2010)