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LL.B. (Three Years) Civil Procedure Code and Limitation Act Syllabus - SPPU 2026

Civil Procedure Code and Limitation Act Syllabus.pdf
Semester 4 · Second Year · 4 credits

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Syllabus for Civil Procedure Code and Limitation Act

Semester 4 · Second Year · 4 credits

Course aims

  • The Code of Civil Procedure (CPC), 1908, also known as the Civil Procedure Code or CPC, is the law that regulates the procedures and practices to be followed in the Civil Courts. The term Code refers to a methodical collection of statutes arranged in such a way as to prevent overlapping or inconsistency. Hence curriculum of this paper is aimed at aware the law students about the two parts of this Code. The first part comprises 158 sections. The second part consists of the First Schedule. This schedule includes 51 Orders and Rules. The first part specifies provisions concerned with the general principles of jurisdiction. The second part recommends methods and procedures that govern civil proceedings in the country.

Objectives

  • The Civil Procedure Code, 1906 is subject of daily use by the Civil Courts and lawyers. Students cannot afford to have scant knowledge of civil procedure when he goes out to practice as a lawyer. It is necessary to have good grounding in the subject before one enters the profession. The substantive law determines the rights of persons affected by action. The main objective of this course is to give to a student a thorough knowledge of procedural law especially related to working of civil courts and other adjudicating authorities.

Outcomes

  • ● Students will be acquainted with the basic provisions under the Code of Civil Procedure i.e. procedural or adjective provisions.
  • ● Students will be acquainted with the administering civil proceedings in the court.
  • ● Students will be acquainted with the procedural part of enforcement of the liabilities and rights determined as per the regulations of the substantive law.
  • ● Students will be realized that how the Code of Civil Procedure regulates the process to be followed in civil court, so that it is among the most important sections of procedural law.

Module 01: Introduction to CPC

  • 1. Overview of the Code of Civil Procedure,
  • 2. historical background, Principal features of the Civil Procedure Case.
  • 3. Importance of State Amendments, Types of Procedures: Inquisitorial and Adversary
  • 4. Importance of observance of procedure. objectives, and scope

Module 02: Jurisdiction of Courts

  • 1. Hierarchy of courts, Jurisdiction of civil courts,
  • 2. Suits: Concept of Law Suit, Framing of Suit Order II,
  • 3. Parties to Suit, Order I,
  • 4. Institution of suits, Order IV,
  • 5. Venue in civil suit as to valuation under the Bombay Stamp Court Act, Bombay Fee Act, Suit Valuation Act,
  • 6. Bars & Suit: Doctrines of Sub Judice & Res Judicata,
  • 7. Place of Suing (Section 15, 20) - Territorial Jurisdiction., "Cause of Action" and Jurisdictional Bars, Summons (Sections 27,28,31),
  • 8. Service of Foreign Summons (Section 29),
  • 9. Power for Order (Section 30 order XI).

Module 03: Institution of Civil Suits

  • 1. Pleadings, Pleadings: (Order VI), Material Facts, Forms of Pleading, Condition Precedent, Presumptions of Law, Striking Out/Amendment.
  • 2. Plaint: (Order VII), Particulars (esp., in money suits/suits for immovable Property), Showing of defaulter’s interest and liability, Ground of Limitation,
  • 3. Concept of Limitation: Why limitation, General principles or limitation, Extension: sufficient causes, acknowledgment, Legal disability: Condonation, when comes to an end, Limitation Act, 1963 (excluding Schedules),

Module 04: Hearing and Trial of Civil Suits

  • 1. Plaint, Return of Plaint, Rejection of Plaint, Production and listing of Documents, Written statement, Written Statement, Counter Claim, Set off (Order VIII),
  • 2. Appearance and Examination, Appearance, Ex-parte procedure, Default of Portion,
  • 3. Summoning and attendance of witnesses, Examination, Admissions, production, importing, return of documents, hearing, affidavit;
  • 4. Adjournments: Order XVII,
  • 5. Commissions: The Rationale of Commissions, Order XXVI,
  • 6. Adjournment, Judicial Discretion & problems Arrears
  • 7. Framing of issues (Order XIV)

Module 05: Judgment and decree

  • 1. Concepts of judgment, Decree, and Interim Orders and stay Injunctions, Appointment of Receivers, Costs.
  • 2. Execution: (Order XXI), Concept of "Execution", General Principles of Execution, Power for Execution of Decrees (Section 38-46),
  • 3. Procedure for Execution (Section 51-54),
  • 4. Enforcement: Arrest and Detention (section 55-59),
  • 5. Attachment (Section 60-64),
  • 6. Sale (Section 65-67).

Module 06: Suits in Particular Cases

  • 1. Suits by or against Government (Section 79-82),
  • 2. Suits by Aliens and by or Against Foreign Rulers, Ambassadors and (Section 91-93),
  • 3. Suits relating to public matters, Incident and supplementary proceedings (Section 75-78, 94-95),
  • 4. Suits against Minors, persons with unsound mind, indigent persons etc., Inter pleader suits.
  • 5. Summary suits

Module 07: Appeals, Revision, Review and Refernce

  • 1. Appeals from Original Decrees (Section 96-99-A) and Order XLI.,
  • 2. Appeals from Appellate Decrees (Sections 100-101),
  • 3. Appeals from Orders (Sections 104-106) (Order XLII),
  • 4. General Provisions Relating to Appeals (Section 107-108),
  • 5. Appeals to the Supreme Court (Section 109).
  • 6. Reference to High Court (Section 113)
  • 7. Review and Revision (Section 114-115)

Recommended Readings

  • 1. Mulla, Code of Civil Procedure, Universal Law Publishing, Delhi.
  • 2. S. Sarkar Code of Civil Procedure
  • 3. C.K. Thakker, Code of Civil Procedure, Universal Law Publishing, Delhi.
  • 4. Majumdar P.K. and Kataria R.P. Commentary on the Code of Civil Procedure, 1908, Universal Law Publishing, Delhi.
  • 5. Shah A.N. The Code of Civil Procedure, Universal Law Publishing, Delhi.
  • 6. Sarkar's Law of Civil Procedure, Universal Law Publishing, Delhi.
  • 7. Sukumar Ray, Textbook on the Code of Civil Procedure, Universal Law Book Co.
  • 8. Avtar Singh, Code of Civil Procedure, Central Law Publication, Allahabad.
  • 9. Jain M P, The Code of Civil Procedure, Wadhwa, Nagpur.
  • 10. Mathur D. N., The Code of Civil Procedure, Central Law Publication, Allahabad.
  • 11. Shailendra Malik, Code Of Civil Procedure, 27 th Edition, 2011, Allahabad Law Agency.
  • 12. Sarkars Commentary on The Civil Procedure Code, Dwivedi, Allahabad Law Agency.
  • 13. Taxmann’s, The Code of Civil Procedure 1908.
  • 14. Medha Kolhatkar, M.P. Jain’s Civil Procedure Code, 5th Edition, LexisNexis.
  • 15. K. Takwani: Civil Procedure, 4th Edition, Eastern Book Co., Lucknow, 2007.
  • 16. Mulla, Code of Civil Procedure : Tripathi (Abridged Edition), and (Student Edition).
  • 17. Sanjiva Row : Code of Civil Procedure, 3 rd Edn, (in 4 Vols), Law Book Co., Allahabad.
  • 18. U N Mitra, Tagore Law Lectures - Law of Limitation and Prescription, LexisNexis, 14th ed, 2016.
  • 19. T R Desai, Commentary on the Limitation Act, 11th ed, Universal Law House, 2016.
  • 20. Shriniwas Gupta, The Limitation Act, 3rd ed, Universal Law House, 2016.
  • 21. B B Mitra’s Limitation Act, 23rd ed, M R Mallick (ed), Eastern Law House, 2014.
  • 22. S. R. Myneni, Law of Limitation, Asia Law House, Hyderabad 90 LL.B. Semeste.
  • 23. P.K. Mukharjee, Limitation Act, Allahabad Law Agency.
  • 24. Medha Kolhatkar, Commentary on Limitation Act by T.R. Desai, LexisNexis.
  • 25. Sanjiva Row: Limitation Act, 7th Edn. (2 Vols), Law Book Co., Allahabad, 1973.
  • 26. M.R. Mallik (ed), B.B. Mitra on Limitation Act (1998) Eastern, Lucknow.
  • 27. AIR Commentaries on Limitation Act, W.W. Chitaley, AIR Ltd., Nagpur.
  • 28. Bombay Stamp Court Act,
  • 29. Bombay Fee Act,
  • 30. Suit Valuation Act
  • 31. Vepa P. Sarathi Code of Civil Procedure with Exhaustive Case Law
  • 32. Limitation Act, 1963
  • 33. Justice M.L. Singhal The Code of Civil Procedure with State Amendments .

Any other information

  • 1. The topics, cases and suggested readings given above are not exhaustive.
  • 2. Teachers of the Course shall be at liberty to add the case/suggested readings.
  • 3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

PDF Complete LL.B. syllabus Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024 Read full PDF Read
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