CIVIL PROCEDURE AND LIMITATION
UNDER GRADUATE – VI SEMESTER
SESSION 2022-23
Winter Semester
FACULTY
Dr. KOUSHIK BAGCHI
National University of Study and Research in Law, Ranchi
At Nagri, P.O. Bukru, KankePithoria Road, Kanke,
Ranchi – 834006
Jharkhand
INDIA
2017
16
Civil Procedure and Limitation
2016
CIVIL PROCEDURE AND LIMITATION
Objective of the Course
The course is aimed at acquainting the students with the basics of civil procedure in India. The
purpose is to help students acquire a basic understanding Code of Civil Procedure, 1908.
Besides, the course will also introduce the students to the Law of Limitation and other allied
topics.
Teaching Methodology
Lectures
Projects
Assignments
Evaluation Scheme
Continuous Assessment 15%
Court Room Exercises 15%
Project/ Mid-Term 20%
End Term 50%
Prescribed Legislation: Code of Civil Procedure, 1908
Suggested Books:
1. Mulla, Code of Civil Procedure, Lexis-Nexis-Butterworths-Wadhwa(2011)
2. CK Takwani (Thakkar), Civil Procedure, Eastern Book Company (2012)
Reference Book:
1. Mulla,The Code of Civil Procedure, 3 Volumes, Lexis-Nexis Butterworth-Wadhwa,
( 2011)
2. C K Thakkar, Code of Civil Procedure, 6 Volumes, Eastern Book Company (2011)
3. Justice M.L. Singhal, SuranjanChakraverti and BholeshwarNath’s Cases and Materials
on Code of Civil Procedure, 3 Volumes, Eastern Book Company (2011)
17
Civil Procedure and Limitation
2016
4. Sudipto Sarkar & VR Manohar, Sarkar on Code of Civil Procedure, 2 Volumes, Eastern
Book Company (2006)
Module I
1. Historical Backdrop of the Code of Civil Procedure, 1908
2. Definition: Decree, Decree-holder, Judgment, Judgment-debtor, Legal Representative,
Mense-profits, Order, Rules, Affidavit, Plaint, Written Statement, Difference between
decree and order, and between judgment and decree.
3. Jurisdiction of Courts: Meaning of Jurisdiction; Kinds of Jurisdiction; Hierarchy of
Courts; Original and Appellate Jurisdiction; Territorial Jurisdiction, Pecuniary
Jurisdiction and Jurisdiction as to subject matter; Ordinary original and Extra-ordinary
Civil Jurisdiction; Courts of Small Causes.
4. Principle of Res Sub-Judice and Res Judicata
5. Foreign Judgment and its enforcement.
Module 2
Place of Suing: Sections 15- 21A; Power to transfer suits (Ss. 22-25)
Module 3
Necessary and proper parties; joinder, non-joinder and mis-joinder of parties; striking out and
addition of parties; frame of suits; ADR (Alternate Dispute Resolution); Institution of suits;
cause of action; transfer of suits; representative suit; Suits by and against the government
Module 4
Pleadings: definition and object of pleadings; Contents of pleadings; Essentials of pleadings;
Admission, return and rejection of plaint; plaint and written statement; Amendment of pleadings;
Discovery, inspection, and production of documents; Affidavits.
Module 5
Execution of decrees and orders (Sections 36, 74 and order XXI), procedure for execution (Ss.
52-54); enforcement, arrest and detection (55-59); Attachment of property (ss. 60-64); Sale of
property (65-97)
Module 6
Appeals from order and decree, second appeal and power of appellate court (Ss. 96-107);
Production of evidence at appellate stage; Order XLI, Rule 27
Module 7
Reference, Review and Revision 18
Civil Procedure and Limitation
2016
Module 8
Miscellaneous: Transfer of cases; Caveat; Inherent power of courts; temporary injunction and
interlocutory orders; summary procedure; Death of parties; suit by/against minors/ persons of
unsound mind; Code of Civil Procedure (Amendment)Act, 2002; pauper appeals (order XLVI)
Module 9
Limitation Act: meaning and implication; bar of limitation; Mode of computation of period of
limitation; exclusion of time in legal proceedings; legal disability; continuous running of time;
Effect of acknowledgment and part payment.
19
