Vivekananda Institute of Professional Studies

(Affiliated to: GGSIP University, Approved by AICTE & Recognized by Bar Council of India)
Grade “A” Accredited by NAAC, Accredited by NBA for MCA, Recognized under Section 2(f) by UGC
ISO 9001 : 20015 Certified Institution

Academic Session: Aug- Dec 2020 Name of Program : BBA.LL.B.

Name of Email Id of
Faculty Richa Gupta Faculty [email protected]
Paper
Code:
Semester: Vth Semester LLB 305 Credits: 05 Total No of Lectures: 40

Course Name: Code of Civil Procedure

No of hours allotted per week: 05

Objectives of the Course:
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important
concepts and practical skill development activity will provide insights into the actual working of the court procedures.

Teaching pedagogy: Lecture, Case Based Discussions, Presentations and PSDA Activity – Drafting of Pleadings
Resources (Recommended Texts/Reference Books used, Recommended Resources):
Text Book:
1. Takwani, Civil Procedure with Limitation Act, Easter Book Co. (8th Ed., 2017)
 2. Monika Srivastava, Code of Civil Procedure, Taxmann (2019)
Reference Book:
1. Mulla, Code of Civil Procedure, Lexis Nexis,( 19th Ed., 2017)
2. Sarkar. Code of Civil Procedure, Lexis Nexis (12th Ed. 2016)
Recommended Readings:
VIPS case study manual and latest relevant cases.

Course Outcomes:
CO1 – Apprise the students with the historical background and the structure of the Code of Civil Procedure, 1908.
CO2 – Explain the fundamental terms of the Law of Civil Procedure such as Decree, Judgment, Caveat, Restitution etc.
CO3 – Make them understand the important concepts such as Res-Judicata, Res Sub-judice etc.
CO4 – Elucidate the concept of Execution and the modes thereof.
CO5 – Delineate the initial steps in a Civil suit including the decisions as to jurisdiction, joinder of parties, drafting of pleadings etc.
CO6 – Expound the interim measures including their importance, the conditions and the procedure for the grant thereof etc. and the
procedure followed in Special Suits
CO7 – To comprehend the use of interim measures like interlocutory injunctions and appointment of receiver.
CO8 – To appreciate the different proceedings for appeal, review and reference, their procedure, powers of different courts therein and
distinction between them.
CO9 – Evaluate the difference in procedure followed in suits, appeals and applications.
Assessment Method Course Outcome Achieved
Objective type Tests CO1, CO2, CO3, CO4, CO5, CO6, CO7, CO8, CO9
Class Tests CO2, CO3, CO4, CO5, CO6, CO7, CO8, CO9
Take home assignments – Judgment Presentations CO2, CO3, CO4, CO5, CO6, CO7, CO9
Take home assignments – Drafting of Pleadings CO5, CO4, CO5, CO6
Viva – Judgment Presentations CO2, CO3, CO4, CO5, CO6, CO7, CO9
Program Outcomes (PO) -
PO1: Develop enhanced clarity on evolution, significance and implications of legal concepts in substantive law, legal theory, and procedure.
PO2: Gain proficiency in the general approaches to the study of law and legal reasoning from a personal and social context.
PO3: Think critically on legal issues and learn models of planning and decision-making for a range of situations, including those in which facts
are currently unknown and not subject to confident prediction, and in which options involve differing and uncertain degrees of risk.
PO4: Adopt a research aptitude to identify core issues and collect, analyze and interpret data.
 PO5: Gain proficiency in drafting that displays deep understanding on the interaction of legal analysis with human behavior, including interpersonal
dynamics.
PO6: Hone their core communication and presentation skills as interviewing, counseling, mooting, debating, negotiating and mediating.
PO7: Gain insights into the role of various institutions of law and experts in law and allied subjects.
PO8: Develop self confidence and understand the demands, constraints, and methods of thinking in their role as lawyers.
PO9: Understand the interdisciplinary nature of law and the contributions that other disciplines can make to the study of law.
PO10: Inculcate professional ethics and values and learn to collaborate effectively across diverse experiences, perspectives, and identities.

Map the COs with POs from 1 to 3 where – 1 implies Low, 2 implies Medium and 3 implies High

BBA LLB:

PSO PSO PSO PSO PSO PSO PSO

PSO4
Program level Outcomes → 1 2 3 5 6 7 8

Apprise the
students with the
historical
CO 1 background and
the structure of
the Code of Civil
Procedure, 1908. 2 1 1 1 1 1 1 1

Explain the
fundamental
terms of the Law
of Civil
CO 2 Procedure such as
Decree,
Judgment,
Caveat, 2 2 2 1 3 2 1 1
Restitution etc.
 Make them
understand the
CO 3 important
concepts such as
Res-Judicata, Res 2 2 3 3 3 2 1 1
Sub-judice etc.
Elucidate the
CO 4 concept of
Execution and the 3 3 3 3 2 3 1 1
modes thereof.
Delineate the
initial steps in a
Civil suit
including the
CO 5 decisions as to
jurisdiction,
joinder of parties,
drafting of
pleadings etc. 2 3 3 3 2 3 1 1

Expound the
interim measures
including their
importance, the
CO 6 conditions and the
procedure for the
grant thereof etc.
and the procedure
followed in 2 2 2 2 3 2 3 2
Special Suits
To comprehend
CO 7 the use of interim
3 3 3 3 2 3 3 2
measures like
 interlocutory
injunctions and
appointment of
receiver.
To appreciate the
different
proceedings for
appeal, review
and reference,
CO 8 their procedure,
powers of
different courts
therein and
distinction
between them. 3 3 3 2 2 3 1 1

Evaluate the
difference in
procedure
CO 9
followed in suits,
appeals and
applications. 1 1 2 2 1 2 2 2

AVG
 Lesson Plan

Lecture Topic/ Contents Details with Course Teaching Reading Material Remarks
No. subtopics Outcome to Pedagogy
be
Achieved
Introduction to Code of Civil Procedure Takwani, Civil Procedure with
- Historical Background and Evolution Limitation Act, Easternn Book Co. (8th
1 - Structure of Code of Civil Procedure CO1 Lecture Ed., 2017)
Takwani, Civil Procedure with
Limitation Act, Easternn Book Co. (8th
Ed., 2017)
Part 1,Chapter 2, Part 2 Chapter 3
Part 5 Chapter 2,3

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Shah Babu lal Khimji vs Jayaben

R. Viswanathan v. Rukn-ul-Mulk Syed

Abdul Wajid

Sankaran Govindan v. Lakshmi Bharathi

Definitions Manohar Lal Chopra v. Seth Hiralal

- Decree, Judgment and Order, their
difference Lecture, Case
- Caveat, Restitution, Mesne Profits Based
2&3 - Other Definitions CO2, CO3 Learning
Takwani, Civil Procedure with
Important concepts Lecture, Case Limitation Act, Eastern Book Co. (8th
- Res Sub-Judice Based Ed., 2017)
4, 5 & 6 - Res-Judicata CO3 Learning Part 2 Chapter 2
 VIPS, Case Study Manual, Code of
Civil Procedure (2019)

Aspi Jal v. Khushroo Rustom

Dadyburjor

National Institute of Mental Health &

Neuro Sciences v. C. Parmeshwara

State of U.P v. Nawab Hussain

Pandurang Ramachandra v. Shantibai

Ramachandra

Daryao v. State of U.P

Sulochana Amma v. Narayan Nair

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Execution of Decree Part 4 Chapter 1-11
- Application for Execution
- Courts which can Execute Decree
- Modes of Execution Monika Srivastava, Code of Civil
- Stay of Execution Procedure, Taxmann (2019)
- Simultaneous Execution Lecture, Case
7, 8, 9, 10, - Questions to be determined by the Based VIPS, Case Study Manual, Code of
11 & 12 Executing Court CO4 Learning Civil Procedure (2019)
 MerlaRamanna v. Nallaparaju

Shaukat Hussain v. Smt. Bhuneshwari

Jolly George Varghese v. Bank of

Cochin

(For Reference)

Shyam Singh v. Collector, District

Hamirpur

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2, Chapter1 & 4

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

South Delhi Municipal Corporation vs

M/s Today Homes and Infrastructure
Pvt. Ltd

Harshad Chiman Lal Modi v. DLF

Universal Ltd. AIR 2004 SC 2154
Jurisdiction
Shiv Narayan v. Maniklal through LRs.
- Types of Jurisdiction
Lecture, Case
- Territorial Jurisdiction Based
13 & 14 - Objections to the Jurisdiction CO5 Learning
 Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Institution of Suit Part 2,Chapter 5
- Parties to a suit, Joinder and non- Lecture, Case
15, 16 & joinder thereof Based VIPS, Case Study Manual, Code of
17 - Frame of Suit CO5 Learning Civil Procedure (2019)
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 6

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Revajeetu Builders & Developers v

.Narayanaswamy & Sons

Salem Advocates Bar Association,

Tamil Nadu v. Union of India
Lecture, Case
Based Mohinder Kumar Mehra v. Roop Rani
Learning and Mehra
Pleadings PSDA
- Meaning of Pleadings Activity –
18, 19 & - Rules for drafting of pleadings Drafting of
20 - Amendment of Pleadings CO5 Pleadings
Takwani, Civil Procedure with
Lecture, Case Limitation Act, Eastern Book Co. (8th
Plaint and Written Statement Based Ed., 2017)
- Plaint Return and Rejection Learning and Part 2 Chapter 7
- Written Statement – timeline of PSDA
filing and failure to adhere thereto Activity – VIPS, Case Study Manual, Code of
21, 22 & - Replication/Rejoinder Drafting of Civil Procedure (2019)
23 - Counterclaim and Set-Off CO5 Pleadings
 Saleem bhai and Ors v. State of
Maharashtra and ors

Prem Lala Nahata v. Chandi Prasad

Sikaria

R. K. Roja v. U. S. Rayadu and Anr.

Raghwendra Sharan Singh v. Ram

Prasanna Singh

Kailash v. Nanhku

Salem Advocates Bar Association,

Tamil Nadu v. Union of India

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Appearance and Non-Appearance of Part 2 Chapter 8
Parties
- Consequence of Non- VIPS, Case Study Manual, Code of
Appearance Civil Procedure (2019)
- Ex-Parte Order and Decree, Lecture, Case
their difference Based Vijay Singh v. Shanti Devi
24 & 25 - Remedies for the same CO5 Learning
 G. Ratna Raj (D) by LRs. v. Sri
Muthukumarasamy Permanent Fund
Ltd. & Anr.

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2, Chapter 11

Lecture, Case VIPS, Case Study Manual, Code of

Based Civil Procedure (2019)
26 Commissions CO6 Learning Bandhu Mukti Morcha v. Union of India
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 11
Receivers
- Difference between Receivers Lecture, Case VIPS, Case Study Manual, Code of
and Commissioners appointed by Based Civil Procedure (2019)
27 Court CO6, CO7 Learning Parmanand Patel v. Sudha Chowgule
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 11

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Dalpat Kumar v. Prahlad Singh

Lecture, Case
Temporary Injunction Based Martin Burn Ltd. v. R.N Banerjee
28 - Conditions for grant/refusal CO6, CO7 Learning
 Gujarat Bottling Co. v. Coca Cola Co.
Ltd

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 16
Summary Procedure
- Category Suits VIPS, Case Study Manual, Code of
- Procedure Lecture, Case Civil Procedure (2019)
- Leave to defend – grounds for Based IDBI Trusteeship Services Ltd.v.
29 grant/refusal CO6 Learning Hubtown Ltd.
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 16
Part 3 Chapter 5
Suits by Indigent Persons
- Eligibility criteria VIPS, Case Study Manual, Code of
- Procedure for examination of Lecture, Case Civil Procedure (2019)
claim of Indigent Person Based Union Bank of India v. Khader
30 - Grounds for grant/refusal CO6 Learning International Construction Ltd.
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 2 Chapter 16

VIPS, Case Study Manual, Code of

Civil Procedure (2019)
Lecture, Case
Interpleader Suit – Concept and Based Durga Transport Co.v. Inderpal Singh
31 Procedure CO6 Learning
 Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 3 Chapter 3

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

U P Avas Evam Vikas Parishad v.

SheoNarain
Regular First Appeal
- Right of Appeal – nature Andisamy Chettiar v. A. Subburaj
thereof Chettiar
- Eligibility
- Powers, Duties and Functions Lecture, Case
32, 33, 34, of First Appellate Court Based
35 & 36 - Procedure in Appeal CO8 Learning
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 3 Chapter 3

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Second Appeal Sir Chunilal V. Mehta & Sons, Ltd v.

- Substantial Question of Law Lecture, Case The Century Spinning & Manufacturing
- Difference vis-à-vis Regular Based
37 First Appeal CO8 Learning
Lecture, Case Takwani, Civil Procedure with
Based Limitation Act, Eastern Book Co. (8th
38 Reference CO8 Learning Ed., 2017)
 Part 3 Chapter 7

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Takwani, Civil Procedure with

Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 3 Chapter 8

VIPS, Case Study Manual, Code of

Civil Procedure (2019)

Lily Thomas, Etc. v. Union of India

Review Kunhayammed v. State of Kerala

- Eligibility
- Ground of Review Lecture, Case Asharfi Devi v. State of U.P
- Difference between Appeal and Based
39 Review CO8 Learning
Takwani, Civil Procedure with
Limitation Act, Eastern Book Co. (8th
Ed., 2017)
Part 3 Chapter 9

Revision
- Ground of Revision VIPS, Case Study Manual, Code of
- Maintainability Civil Procedure (2019)
- Difference vis-à-vis Article 226
and 227 of the Constitution Lecture, Case Major S. S. Khanna v. Brig. F.J.
- Difference between Appeal, Based Dillon
40 Revision, Review and Reference CO8 Learning
 Mahabir Prasan Singh v. M/s
Jacks Aviation Private Ltd

Chandmal v. Firm Ram Chandra

& Vishwanath
Tek Singh v. Shashi Verma

Remedial Classes / Tutorials

Session Topic / Contents Details with Course Teaching Reading Material Remarks
No. subtopics Outcome to Pedagogy
be
Achieved