CODE OF CIVIL PROCEDURE B.A. LL.B (H)&BB.A.LL.

B(H) Semester V Class of 2014 Amity Law School, Jaipur Anil Sharma Lecturer
Email: anil77sharma@gmail.com Phone: +91-89470-51-012 Chamber Consultation Hours: After class or by appointment

1. Instruction Details
Credits: 4 Course Duration: 42 sessions of 60 minutes each Course Code B.A.LL.B : ILBLW 30502 BB.A.LL.B Lecture Hall No. CR-35 Days Mon/Tue/Fr i Time 09.15 to 10.15 09.15 to 10.15 11.25 to 12.25

2. Course Details 2a Course Objective/s:

Code of Civil Procedure, is an example of adjective law which forms an indispensable part of the legal mechanism. It operates as an essential tool for enforcing legal rights and claims, for redressing or preventing legal wrongs, for asserting legal defenses and also for the other ancillary purposes, with its inherent complexity and occasional technicalities. The course objectives shall be as follows: To further students to acquire through knowledge of civil procedural machinery in the light statutory provisions of CPC, 1908. To expose students with the fundamental concepts of CPC.

2b. Learning outcome/s:

After completion of the course the students are expected to correspond to the course objectives. To expose on the basic concepts of CPC Prepare a draft of the civil suit

2c. Prerequisite/s: 2d. Pedagogy/Instruction Methodology:

Lectures with Question and Answer Sessions Dialectical Sessions Case Law Analysis Problem solving exercises

2e.Suggested Text Book/s and Reference/s

Mullas Code of Civil Procedure, Universal, Delhi C.K. Thakkars (Takwani)Code of Civil Procedure Majumdar, P.K. and Kataria, R.P., Commentary on the Code of Civil Procedure, 1908, Universal, Delhi.

2f. Case Studies, Project/s & Article/s Case Studies:

The various case laws shall be discussed while dealing with the topic to draw analogies and hypothesis from them, for better understanding of the law on the subject.

2g. Tentative Delivery Schedule

Session No. Topic Module First : Initial steps in a suit Distinction between Adjective Law and Substantive Law Introduction to civil procedure machinery Jurisdiction and place of suing Institution of suit, cause of action Joinder, non-joinder and mis-joinder of parties Summons Pleadings: Meaning, object, General rules, Amendment of pleadings; Plaint and written statement : Particulars, Continuous Evaluation Module Remarks

Additional Additional I I I I I I

1 2 3 4 5 6 7 8

9 10 11 12 13 14 15

set off and counter claim Plaint and written statement : Particulars, set off and counter claim Admission return and rejection Discovery, Inspection and production of documents; Appearance and non-appearance of parties, ex-parte proceedings First hearing: Meaning, object, framing of issues omission to frame issues Disposal of suit in the first hearing; Trial
Summoning and attendance of witnesses

I I I I I I I I

Summons to produce documents, adjournment, hearing of suit. Module II: Significant Terms and Definitions Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment Definitions: Mesne, Profits, Affidavit, Suit, Plaint, Written Statement, Suit of civil nature Important Concepts: Res Sub-Judice, Resjudicata Distinction : Res Sub-Judice, Resjudicata,

II II II II II II

16 17 18 19

Important Concepts: Restitution, Caveat Important Concepts: Inherent powers of courts. 20 21 22 23 24 25 26 27 Module III: Interim Orders Commissions Arrest before judgment, Attachment before judgment Temporary Injunctions, Interlocutory orders Receiver Security of costs Module IV: Suits in Particular Cases Suits by or against Government Suits by Indigent persons

III III III III III IV IV

28 29 30 31 32

Interpleader Suit, Summary Procedure Suits relating to public nuisance. Revision Revision Revision

IV IV Course Course Course

3. Academic Integrity Policy

Students are expected to follow Rules of Conduct and Academic Behavior Standards as detailed in the Student Regulations. Failure to comply with these rules may result in disciplinary actions as stipulated in the Students Regulations.

4. Evaluation Scheme
Continuous evaluation will be conducted for 30 marks. It is continuous and spread throughout the course. The details of the evaluation components are given below S. No 1. 2. Evaluation Component Attendance Assignment Weight (%) 05 05 Date for Date of Evaluation Completion of Evaluation End of the semester th th 15 & 20 Within 7 days session. after the date of submission. Within 7 days of conducting End of the semester As per Univ. schedule

3. 4. 5.

Mid Term CRE End Term Total

10 10 70 100

Evaluation components 1, 2 and 3 are individual task. Evaluation component 4 is partly group task and partly individual task. For the group tasks, there will be formed different groups of students. A group can have a maximum of 2 members. Component 1- Attendance (5 Marks) Each student is required to attend at least 75% of total classes of the course during each semester, so that he can be eligible to appear in the End-term Examinations. Any violation of this rule will result in restricting the student to appear in the End-term Examinations of the concerned course in which he is having less than 75% of attendance.

To promote the regular attendance of the students, the Amity has its own its own internal evaluation criterion which includes attendance as one of its compulsory component.

Division of marks for attendance: % of attendance Less than 75% 75-79.99% 80- 84.99% 85- 89.99% 90- 94.99% 95- 100%

Marks 0 1 2 3 4 5

Component II Home Assignment (05 marks) This is an individual assignment to be done at home. The students need to prepare a detailed write up on the topic assigned to each of them. Structure of the Assignment should be as follows. Brief introduction as to the topic Legal provisions relating to the topic Decisions of the Supreme Court and various High Courts to explain the topic in its entirety. After assigning the topic, the students are to submit their assignment within 07 days otherwise the assignment will not be evaluated. Evaluation Scheme: The assignments will be evaluated based on the following parameters Sr. Marking Criteria Maximum Marks Allotted No. 1 Content and relevance of the content 2 Marks 2 3 Analysis Structure 2 Mark 1 Marks

Component III Mid Term (10 marks) The mid-term exam will be of descriptive type and for 60 minutes duration. The evaluated answer sheets will be returned within seven days from the date of exam. Makeups will not be given for the exams, barring exceptional and documented contingencies. It would be the students responsibility to inform me in advance about the inability to take the exam in these circumstances. Even if the student gets an opportunity to take make-up exam, it will be tougher than the regular test.

Component IV Court Room Exercise (10 marks) This is a group task. Each group will consist of two members. A proposition based on hypothetical facts involving certain legal issues shall be given to each group. Each group will prepare arguments from both the sides. Besides, each group is expected to research on its own for preparing the memorial for both sides to the case. The Memorial shall consist of the following mandatory heads: a) Cover Page b) Table of Contents c) List of Abbreviations d) Index of Authorities e) Statement of Jurisdiction f) Statement of Facts g) Issues Raised h) Summary of Arguments i) Arguments Advanced j) Final Submission/Prayer Each group shall speak for a period of 20 minutes (excluding Rebuttals). Any extension of time beyond this specified period is subject to my discretion. No Speaker of a Team shall speak for more than 12 minutes, excluding the time allowed for Rebuttals. No group shall be allowed more than 5 minutes for Rebuttals. Only one Speaker per Team shall be permitted to rebut.

EVALUATION SCHEME S. No. 1. 2. 3. 4. 5. 6. 7. Marking Criteria Knowledge of Facts & Law Framing of Issues & Legal Analysis Advocacy Skills (Arguments/Expression/Articulation) Use of Authorities Court Mannerism & Presentation Time Management Memorial Maximum Allocated 3 1.5 1.5 4 Marks