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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SUBJECT: CIVIL PROCEDURE CODE WITH LIMITATION ACT


Vth SEMESTER: COURSE OUTLINE
Name of the Faculty: Smt. N. Bhagya Lakshmi
No. of sessions: 70
OBJECTIVE OF THE COURSE
The object of CPC is to ensure procedural regularity in civil litigation. It has to adhere to
the principles of natural justice and ensure that the parties get a fair and expeditious trail.
Procedural laws are important for the purpose of implementing and enforcing of rights, remedies
and liabilities as provided therein in the substantive laws. Civil Procedure Code is one of the
major and main procedural laws enforcement of civil rights and remedies through civil courts.
Therefore in this semester this paper is a part of study. In this paper the study covers procedures
to be followed by the civil courts from the institution of suits till the final disposal. This course
will also purse civil litigation through appellate courts, examining the corrective steps available
in civil proceedings. This course also deals with the Law of Limitation as applicable to civil
proceedings.
Along with the above syllabus the Judiciary interpretation in connection with the
provisions of different applications of procedure will be discussed.
CIVIL PROCEDURE CODE AND LAW OF LIMITATION SYLLABUS
SL.NO
TOPICS AND CONTENTS
SESSION CASE LAWS
S
1.1 Introduction and principle features of CPC.
Parasnath Rai
1.2 Suits Parties to suits
Vs
1.3 Framing and Institution & Bar of Suit.
8
State of Bihar
AIR 2013 SC 1010
Unit-I
1.4 Doctrines Subjudice and Resjudicata
1.5 Foreign Court & Foreign Judgment
1.6 Mesne Profits- Legal representatives

Unit-II

2.1 Place of Suing


2.2 Transfer of suit
2.3 Territorial Jurisdiction.
2.4 Cause of Action
2.5 Service of Summons & Foreign Summons

Satyadhyan
Ghosal & Ors
Vs.
Deorajni Debi
AIR 1960 SC 941

Unit-III

Unit-IV

Unit-V

3.1 Pleadings contents forms Amendment.


3.2 Plaint Essentials
3.3 Return and Rejection of plaint
3.4 Production and Marking of documents.
3.5 Written Statement
3.6 Counter Set off Issues.
4.1 Appearance and Examination of parties and
adjournments
4.2 Ex-parte Procedure.
4.3 Summoning and Attendance of witness
Examination Admissions
4.4 Production, Impounding, Return of documents
Hearing Affidavit.
4.5 Judgment and Decree
5.1 Interim orders and stay.
5.2 Injunction Appointment of Receivers and
Commissions.
5.3 Execution Proceedings Procedure and
modes.
5.4 Arrest and Detention Attachment and sale.

6.1 Suits in particular Cases


6.2 Suits by / against Government Relating to
public matters.
Unit-VI
6.3 By / against minors and Un-sound mind.
6.4 By indigent persons
6.5 Interpleaded suit
6.6 Incidental and Supplemental Proceedings
7.1 Appeals, Reference, Review and Revision.
Unit-VII 7.2 General Provisions relating to Appeal from
Original Decree, Appellate Decree.
8.1 Law of Limitation Concept and Object.
8.2 General Principles and Extension.
Unit-VIII 8.3 Condonation of delay and sufficient cause.
8.4 Computation of Limitation.
8.5 Acknowledgment and part payment.
8.6 Legal Disability and Act Provisions.

10

Ramji Gupta
Vs
Gopi Krishna
Agrawal
AIR 2013 SC 3099

Kunjan Nair
Sivaraman Nair
Vs
Narayana Nair
(2004)3 SCC 277

Dr. Subramanian
Swamy
Vs
State of
Tamil Nadu &
Ors.
2014(1) SCALE 79

State of Uttar
Pradesh & Anr
Vs
Jagdish Sharan
Agrawal & Ors.,
(2009) 1 SCC 689

SBI Vs.
Goyal

S.N.

AIR 2008 SC 2594

10

Radhakrishna
Murthy
Vs
Special Dy.
collector
2003(4) ALT 576

REFERENCE BOOKS
1.
2.
3.
4.
5.
6.
7.

Mulla: Code of Civil Procedure


A.N.Saha: Code of Civil Procedure
C.K.Takwani: Civil Procedure, 4th Edi.
Sanjiva Raw: Code of Civil Procedure
B.B. Mitra: Limitation Act.
Sarkar S and Manohar VR Sarkar : Code of Civil Procedure (9th Edi.)
P. Basu: Law of Limitation.

CASE LAWS:
1.
2.
3.
4.

Parasnath Rai vs State of Bihar AIR 2013 SC 1010


Rajendra Kumar vs Kuldeep Singh & others 2014 (2) SC ALT 135 (sec. 2(2))
Ramji Gupta vs Gopi Krishna Agrawal AIR 2013 SC 3099 (Section 7 & 8)
Kunjan Nair Sivaraman Nair Vs Narayana Nair (2004)3 SCC 277 (the meaning of cause

of action explained)
5. Dr. Subramanian Swamy Vs state of Tamilnadu & Ors. 2014(1) SCALE 79(scope of
principle of resjudicata explained)
6. Satyadhyan Ghosal & Ors. Vs Smt. Deorajin Debi & Anr. AIR 1960 SC 941
7. Abdul Rehman Vs Prasoni Bai & Anr. AIR 2003 SC 718
8. State of Haryana Vs Kartar Singh (2013)11 SCC 375(sec.24)
9. SBI Vs S. N. Goyal AIR 2008 SC 2594(sec.100 substantial question of law)
10. Dwaraka Prasad Agarwal & Anr. Vs Ramesh Chandra Agrawala & Ors. AIR 2003 SC
2696
11. State of Andhra Pradesh Vs Manjeti Lakshmi Kantha Rao AIR 2000 SC 2220
(Jurisdiction of Civil Court Explained sec.9)
12. Kanbi Manji Abji & Ors. Vs Kanmbi Vaghji Mavji & Ors. AIR 1993 SC 1163
13. Sarda Syedna Taher Saifuddin Vs State of Bombay AIR 1962 SC 853
14. State of Uttar Pradesh & Anr. Vs Jagdish Sharan Agrawal & Ors., (2009) 1 SCC
689(where the matter has not been decided on merit earlier, the doctrine of resjudicata is
not applicable.)
15. Delhi administration Vs Gurudeep Singh Uban AIR 2000 SC 3737(the term Justice was
explained)
16. Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54, (Supreme Court
laid down 3 exceptions to the rule of Res Judicata: (i) When judgment is passed without
jurisdiction: (ii) When matter involves a pure question of law: (iii) When judgment has
been obtained by committing fraud on the Court.

17. Collector of Central Excise, Kanpur v. Flock (India) (P) Ltd., Kanpur, AIR 2000 SC 2484
18. Vithal (P) Ltd. v. Union of India & Ors., AIR 2005 SC 1891. (The Court cannot derive
jurisdiction apart from the Statute. No amount of waiver or consent can confer
jurisdiction on the Court if it inherently lacks it or if none exists)
19. Swastik Gases Pvt. Ltd. v. Indian Oil Corporation Ltd., (2013) 9 SCC 32).
20. Shree Subhlaxmi Fabrics (P) Ltd. V. Chand Mal Baradia & Ors., AIR 2005 SC 2161(The
Court is bound to determine exclusively jurisdictional issue before granting relief.)
21. Abdul Rahman V. Prasony Bai & Anr., AIR 2003 SC 718.( explains grounds for transfer
of proceedings)
22. Gyanmati Yadav v. Ram Sagar Yadav, (2013) 14 SCC 621.( inconvenience of a party
cannot be a ground for transfer)
23. Radhakrishna Murthy Vs Special Dy. Collector 2003(4) ALT 576 (sec. 5 of Limitation
Act)
24. AP State Electricity Board Vs Cantonment Board 1976(1) APLJ 269 (claim not made
within 3 years by mistake of the plaintiff. Extension of the period of Limitation cannot be
claimed under sec.17 of Limitation Act)
25. B.K.N. Pillai Vs P. Pillai & Anr. AIR 2000 SC 614 (the Supreme Court observed that
where an amendment is found to be necessary for promoting the ends of justice and not
for defeating the same the application should be allowed)