Course Manual

Civil Procedure Code and Law of Limitation

Spring 2025

Course Coordinator

Biswanath Gupta

Course Instructors

Gaurav Pathak, Apoorva Satpathy, Sneha Hooda, Surabhi Bhandari, Bhawana Kataria, Yogita
Banger, Suvrajyoti Gupta, Biswanath Gupta
 Contents
Part I.................................................................................................................................................3
General Information.....................................................................................................................3
PART II...........................................................................................................................................4
a. Course Description..............................................................................................................4
b. Course aims.........................................................................................................................4
c. Intended Learning Outcomes...............................................................................................4
d. Grading of Student Achievement........................................................................................5
PART III..........................................................................................................................................8
a. Keywords Syllabus..............................................................................................................8
b. Course/Class Policies...........................................................................................................8
Part IV............................................................................................................................................10
a. Weekly Course Outline with Case Laws...........................................................................10
b. Readings............................................................................................................................13

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 Part I
General Information

General Information on, Civil Procedure Code and Law of Limitation, offered by Jindal Global
Law School of the AY 2024-25

The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

This information shall form part of the University database and may be uploaded to the KOHA
Library system and catalogued and may be distributed amongst Second year Law students of the
LL.B. (Hons) course.

Course Title: Civil Procedure Code and Law of Limitation

Course Code: L-CT-0008
Course Duration: 1 Semester
Number of Credit Units: 4
Medium of Instruction: English

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 PART II
a. Course Description
Civil procedure concerns society’s non-criminal process for submitting and resolving factual and
legal disputes over the rights and duties recognized by substantive law. Civil procedure, while
widely regarded as a set of rules that governs the practice of the system of civil litigation, is at its
core, an important body of law governing access to justice. While procedural law often claims to
be divorced in content from the laws that govern the ‘substantive’ legal obligations of
individuals, it is often inextricably intertwined with it. The rules of civil procedure do not just
govern the methods of asserting claims before the courts but significantly impact the nature of
outcomes. Studying civil procedure, therefore, requires a continuous engagement with the
substantive body of civil laws, including, most importantly, the laws of tort, property and
contract. Course Aims

b. Course aims
This course aims to introduce students to a mix of rules enabling the filing of cases, taking of
evidence, and recourse to interim relief and execution, while enabling them to develop a critique
from the point of view of efficiency, effectiveness and distribution of the ‘entitlement’ to access
the system of courts.

c. Intended Learning Outcomes

Course Intended Weightag Teaching and Assessment Tasks/
Learning e Learning Activities
Outcomes Activities

By the end of the course,

students are expected to:  In class
Have acquired an 10%  Lectures assessments
understanding of  In-class  Presentations/
discussion Viva
the historical
s  Assignment
development of
rules of civil
procedure
be well-versed with 30%
the principal
elements of the
civil litigation
process in India

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Course Intended Weightag Teaching and Assessment Tasks/
Learning e Learning Activities
Outcomes Activities

be able to analyze 30%

legal problems and
identify effective
procedural
approaches
towards resolving
those problems in
light of legal
precedents,
procedural rules,
and relevant
statutes
be able to 20%
appreciate the
goals underlying
the choice of
procedural options
and the
significance of
options for
achieving often-
conflicting
objectives
have developed the 10%
critical ability to
analyze procedural
rules from a gamut
of social science
perspectives,
including law and
economics, with a
view to
appreciating
efficiency, cost-
effectiveness and
questions of access

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Course Intended Weightag Teaching and Assessment Tasks/
Learning e Learning Activities
Outcomes Activities

to justice.

d. Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the
cumulative aspects of coursework, i.e., internal assessment (including moot,
mid-term exam, internal assignment) and end term examination. End of
semester exam will carry 50 marks out of which students have to
obtain a minimum of 15 marks to fulfil the requirement of passing
the course.

The details of the grades as well as the criteria for awarding such grades
are provided below:

GRADE
PERCENTAGE GRADE GRADE DESCRIPTION
VALUE
OF MARKS
Outstanding – Exceptional knowledge of the
subject matter, thorough understanding of
80 and above O 8 issues; ability to synthesize ideas, rules and
principles and extraordinary critical and
analytical ability
Excellent - Sound knowledge of the subject
matter, thorough understanding of issues;
75 – 79 A+ 7.5
ability to synthesize ideas, rules and
principles and critical and analytical ability
Very Good - Sound knowledge of the subject
matter, excellent organizational capacity,
ability to synthesize ideas, rules and
70 – 74 A 7
principles, critically analyze existing
materials and originality in thinking and
presentation
65 – 69 A- 6 Good - Good understanding of the subject
matter, ability to identify issues and provide
balanced solutions to problems and good

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 GRADE
PERCENTAGE GRADE GRADE DESCRIPTION
VALUE
OF MARKS
critical and analytical skills
Fair – Average understanding of the subject
matter, limited ability to identify issues and
60 – 64 B+ 5
provide solutions to problems and reasonable
critical and analytical skills
Acceptable - Adequate knowledge of the
55 – 59 B 4 subject matter to go to the next level of study
and reasonable critical and analytical skills.
Marginal - Limited knowledge of the subject
50 – 54 B- 3 matter and irrelevant use of materials and,
poor critical and analytical skills
Pass 1 – Pass with basic understanding of the
45 – 49 P1 2
subject matter
Pass 2– Pass with rudimentary
40 – 44 P2 1
understanding of the subject matter
Fail - Poor comprehension of the subject
matter; poor critical and analytical skills and
Below 40 F 0
marginal use of the relevant materials. Will
require repeating the course
Absent - “Extenuating circumstances”
preventing the student from taking the end-
semester, or re-sit, examination as the case
may be; the Vice Dean (Examinations) at
their discretion assign the “Ab” grade. If an
Absent Ab 0
"Ab" grade is assigned, the student would
appear for the end-semester, or re-sit
examination, as the case may be, as and when
the subsequent opportunity is provided by the
University.

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 PART III
a. Keywords Syllabus
Access to Justice, Law, Procedure, Order, Decree, Jurisdiction, Suits, Joinder of parties and
claims, Summons, Amendment, Appeals, Revision, Res judicata, Pleadings, Inherent Powers of
Court, Notice, Suit, Injunctions and Interlocutory Orders, Revision, Review, Appeal, Limitation,
Execution

b. Course/Class Policies
Cell Phones, Laptops and Similar Gadgets: At the discretion of the Course Instructor.

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavours to make all its courses inclusive and accessible to students with different
abilities. In accordance with the Rights of Persons with Disabilities Act (2016), the JGU
Disability Support Committee (DSC) has identified conditions that could hinder a student’s
overall well-being. These include physical and mobility related difficulties, visual and hearing
impairment, mental health conditions and intellectual/learning difficulties e.g., dyslexia,
dyscalculia. Students with any known disability needing academic and other support are required
to register with the Disability Support Committee (DSC) by following the procedure specified at
https://jgu.edu.in/disability-support-committee/

Students who need support may register before the deadline for registration ends, as
communicated by the DSC via email each semester. Those students who wish to continue
receiving support from the previous semester, must re-register every semester prior to the
deadline for re-registration as communicated by the DSC via email. Last minute registrations and

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support are discouraged and might not be possible as sufficient time is required to make the
arrangements for support.

The DSC maintains strict confidentiality about the identity of the student and the nature of their
disability and the same is requested from faculty members and staff as well. The DSC takes a
strong stance against in-class and out-of-class references made about a student’s disability
without their consent and disrespectful comments referring to a student’s disability. With due
respect for confidentiality, faculty and students are encouraged to have honest conversations
about the needs of students with disabilities and to discuss how a course may be better tailored to
cater to a student with disability.

All general queries are to be addressed to [email protected] .

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.

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 Part IV
a. Weekly Course Outline with Case Laws
Introduction and Concepts

Civil and commercial court systems (Section 1-12A) and tribunals:

structure and functions

Definition clause, generally (the particulars will be revisited when the

concept comes up)

1. Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP and Ors.
(2020) 15 SCC 585
2. Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815
Week 1 3. Law Commission of India's 54th Report on CPC 1908

Week 2 and 3 Jurisdiction

Jurisdiction of civil courts - territorial, subject matter, and pecuniary.

Res sub-judice, res judicata, and constructive res judicata

Preliminary Jurisdiction

4. Kiran Singh & Ors v Chaman Paswan 1954 AIR 340

Territorial Jurisdiction

5. Khandesh Spinning & Weaving v Mool Jaith & Co 1948 (50) BOM
LR 49
6. Harshad Chimmanlal Modi v DLF Universal (2005) 7 SCC 791
(Immovable Property)
7. Swastik Gases v IOCL (2013) 9 SCC 32
8. Adcon Electronics Pvt Ltd v Daulat (2001) 7 SCC 698 (Suit for
Land)

Scope of Section 9 - Civil Nature

9. Horil v Keshav & Anr (2012) 5 SCC 525

10. Most. Rev. P.M.A. Metropolitan v. Moran Mar Marthoma & Anr
1995 SCC Supl. (4) 286

Subject Matter Jurisdiction

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 11. Dhulabhai v State of M.P. (1968) 3 SCR 662

Objections to Jurisdiction

12. Hiralal v Kalinath 1961 SCC OnLine SC 42

Res sub-judice, res judicata

13. Aspi Jal v Khusboo Rustom (2013) 4 SCC 333

14. Daryao v State of U.P. AIR 1961 SC 1457
15. Modi Entertainment v WSG Cricket (2003) 4 SCC 341

Order 1 Rule 8:

Chairman, Tamil Nadu Housing Board Madras v. T.N. Ganapathy 1990

SCC (1) 608.

Institution of Suit

Parties to a suit; representative suit; joinder of parties; mis-joinder and non-

joinder

Section 3, 4, 5 of Limitation Act (LA) with O VII Rule 6, s. 9, 10 and 11

LA

s. 6, 7, 8 LA with only cursory reading of Order XXXII & s. 79, 80

16. Mumbai International Airport v Regency Convention (2010) 7 SCC

417
17. Pramod P. Shah v Ratan N Tata (2017) SCC OnLine Bom 5269

Frame of suit; institution of suit; service of summons; agents and pleaders

18. Inbasagaran v S. Natarajan (2015) 11 SCC 12

Week 4 19. Gurbux Singh v Bhooralal 1964 AIR SC 1810

Week 5 and 6 Pleadings

Pleading: meaning, object, basic rules of pleadings, alternative and

inconsistent pleadings, amendment of pleadings

Plaint: particulars, admission, return, and rejection

Written Statement: particulars, rules of evidence

Set-off and counter-claim

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 20. B.K. Narayana Pillai v Paremswaran (2000) 1 SCC 712
21. Rajesh Kumar Aggarwal v KK Modi (2006) 4 SCC 385
22. T Arivandanam v T.V. Satyapal (1977) 4 SCC 467
23. P.V. Gururaj Reddy v P. Neeradha Reddy (2015) 8 SCC 331

Appearance of Parties

3. Appearance, Examination, Discovery (Order IX, Order XIV)

 Framing of issues, appearance of parties, consequences of non-

appearance

 Ex-parte procedure'

Appearance & Non-Appearance of parties (Order IX), Examination of

Parties (section 89 with Order X), Discovery & Inspection (Order XI),
Admissions (Order XII) and Settlement of Issues and Determination of
the suit (Order XIV)

 Consequence of non appearance of parties: dismissals, ex-parte

procedure etc.

 Procedure on appearance: examination, invocation of ADR

mechanism etc.

 Importance of Discoveries in civil sits: Link with ADR methods

 Admissions: Importance

 Issue settlement: By courts leading to initiation of trial etc.'

Suggestive reading:

Compulsory or suggested reading: Paul W. Grimm, Introduction:

Reflections on the Future of Discovery in Civil Cases, 71 Vanderbilt Law
Review 1775 (2019) Available
Week 7 at: https://scholarship.law.vanderbilt.edu/vlr/vol71/iss6/1

Week 8 Interim Reliefs

Attachment before judgement, temporary injunctions, receiver,

adjournment

24. Gujarat Bottling Company Limited v Coca-Cola (1995) 5 SCC 545

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 25. Wander v Antox India Pvt Ltd (1990) Supp SCC 727

Judgement, Decree, Costs, Interests, etc.

Judgement and decree

Money reliefs, specific relief, specific reference to the Specific Relief Act
vis-à-vis concepts of mandatory injunctions, permanent injunctions and
declarations; costs; interests

Week 9 and 10 26. Satnam Singh & Ors v Surnder Kaur & Anr (2009) 2 SCC 562

Appeals

Appeals from (i) original decree (ii) orders (iii) appellate decree

Second Appeal

section 100: Gurdev Kaur & Ors. v. Kaki & Ors. (2007) 1 SCC 546.

Appeal to the Supreme Court

Inherent powers of the court

27. Kunhayammed v State of Kerala (2000) 6 SCC 359

28. A Andisamy Chettiar v A Subburaj Chettiar (2015) 17 SCC 713
Week 11 29. Santosh Hazari v Purushottam Tiwari (2001) 3 SCC 179

Reference, Review, Revision

30. Municipal Corporation of City v Shiv Shankar Gauri Shankar

Week 12 Mehta (1998) 9 SCC 197

Execution of the Decree/Order

General principles, modes of execution, arrest and detention

Attachment, sale, and delivery of property

Week 13 31. Pradeep Mehra v. Harijivan J. Jethwa, 2023 SCC OnLine SC 1395

Week 14 Review Week

b. Readings

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During the course, students shall be required to consult the following bare acts:

1. The Code of Civil Procedure, 1908

2. The Limitation Act, 1963
3. The Commercial Courts Act, 2015

Books & Materials:

The textbook that will be used for this course is C. K. Takwani, Civil Procedure with Limitation
Act 1963 and Commercial Courts (10th Edition).

Note that a textbook is of marginal utility in teaching civil procedure, and a wealth of material is
contained in reported decisions from various courts in India. It is often better to read decisions
directly rather than through secondary references.

A list of cases for each topic is part of this Manual and forms part of the readings.

Internal Assessment: 30 + 20 = 50

A. Written mid semester of 30 Marks will be conducted on 7 th Week of the semester. The
syllabus of the paper will be till week 6. The question paper will have two parts. One is
hypothetical and second one is subjective. Hypothetical will carry 20 marks and
subjective question will carry 10 marks. The date of the mid-term examination is 16th
September 2025 from 8 PM to 10 PM.

B. 20 marker movie/documentary based group research paper. It shall not contain more than
6000 words. The submission deadlines for the research paper is 30th September 2025
23:59 PM.

Instructions and groups for the research paper shall be communicated through E-
email as well as in the class.

Office Hours: (To be scheduled via email or verbally during the class break)

Monday- 5:30-7:30 pm

Tuesday- 11 to 1 pm

Email: [email protected]

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