CPC

Format No. QSP/7.1/01.
F01 (A)
Issue No. 04 Rev. No 3 Dated: FEB 22, 2015
______________________________________________________________________________
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
College of Legal Studies
Dehradun
______________________________________________________________________________
COURSE PLAN
Programme :
BA., LL.B (Hons) and BBA.,LL.B(Hons)
Course
BA., LL.B (Hons) and BBA.,LL.B(Hons)
Semester
IV
Session
January-May, 2014
Batch
2010 2015
Subject Code :
LLB L- 131
No. of credits :
Subject
The Code of Civil Procdure and Law of limitation
Prepared by :
ARPI JAIN
Assistant Professor (SS)
Email
arpijain11@gmail.com
Approved By
_________________________
HOD/Director
UPES Campus
Energy Acres
P.O. Bidholi, Via Prem Nagar
Dehradun -248 007 (U K)
_______________________
Dean
Tel : +91-135-2261090/91
Fax : +91 135- 2694204
Web : www.upes.ac.in

College of Legal Studies, Dehradun
ISO 9001:2008 Procedure Manual Electronic Version Controlled Copy (Controlled
Circulation)
COURSE PLAN
LEVEL OF KNOWLEDGE REQUIRED:
Broadly law is divided into two groups: (1) Substantive law and (2)
Procedural law. The substantive law determines the rights and liabilities of parties whereas
procedural law prescribes the practice, procedures and machinery for the enforcement of those
rights and liabilities. The Code of Civil Procedure is a procedural law which regulates the
procedure followed in civil courts. A student of law should know the procedural law for the
enforcement of civil rights and liabilities of the parties. An extensive and widely curriculum is
offered to the student to know the same so that they become well aware about the procedure
followed in the civil courts. On the other hand, they should also know about law of limitation.
OBJECTIVES
The entire course structure is designed with three objectives in view. One is to
provide adequate knowledge about procedures/rules of litigation in the civil courts. The next
objective is to give an overview of law of limitation for institution of suit, appeal, review,
reference etc because the Law assists the vigilant and not those who sleep over the rights. The
third objective is to view some of the current problems arising out of the procedural
technicalities like delay in getting order, Judgment and decree in civil litigations. In some civil
cases, even generations pass but no final decision comes out from the court which is now a point
of discussion in the society. To apprise the students with latest amendments in the Code of Civil
Procedure is also one of the main object.
BRIEF COURSE DESCRIPTION
The course is distributed in five Modules. The First Module of the course
contains introduction, jurisdiction of the civil courts, law of Res sub judice and Res judicata,
place of suing, institution of suit and appearance & non appearance of parties. The second

Module deals with Rules of Pleading, particulars of a Plaint and written statement, admission,
return and rejection of Plaint, summons and mode of service of summons, Rules of set off and
counter claim, Discovery, Inspection and Production of Documents, special suits, and
Affidavit. The third Module contains the various provisions related to interim orders-issue of
commissions, arrest before judgment, and attachment of property before Judgment, Temporary
Injunctions and other Interlocutory Orders, First hearing, Trial of suit, pronouncement of
Judgment and decree. In Fourth Module there are various provisions related to Appeal,
Reference, Review and Revision against the order, judgment and decree passed by the
subordinate courts, provisions related to execution of order, judgment and decree passed by the
courts, mode of execution, stay of execution and Miscellaneous provisions like Transfer of
civil cases, caveat and inherent powers of courts. The Fifth Module contains law of limitation,
Doctrine of laches, Doctrine of Acquiescence and prescription, computation of period of
limitation and extension and suspension of limitation.
THE SYLLABUS
Module I : INTRODUCTION
Concepts: Affidavit, Order, Judgment, Decree, Plaint, Restitution, Execution, Decree holder,
Judgment Debtor Mesne Profits, Written Statements, Caveat, Restitution; Distinction
between Decree and Judgment and between Decree and order.
Jurisdiction: Kinds; Hierarchy of Courts.
Suit of Civil Nature - Scope and Limits
Res-sub judice and Res-judicata
Foreign Judgment - Enforcement
Place of Suing
Institution of Suit
Parties to Suit: Joinder, Mis-Joinder or Non-Joinder of Parties: Representative Suit.
Frame of Suit: Cause of Action
Alternative Disputes Resolution (ADR)

Summons
Transfer of civil cases
Case study
1. Balraj Taneja v Sunil Madan AIR 1999, SC 3381
2. Mahant Narayan Dasjee v Tirupati Devasthanam AIR 1965 SC 1231
3. Mathai v Varkey AIR 1964 SC907
4. Phoolchand v Gopal Lal AIR 1967 SC 1470
Cases to be referred:
1. Shanker v Chandrakant AIR 1995, SC1211
2. Lucy v Marriappa ,AIR 1979 SC 1214
3. Brij Narayan Singh v Adya Prasad AIR 2008 SC 1533 - (Res Judicata)
4. Abdulla v Galappa AIR 1985 SC 577
5. Indian Bank v Maharastra State Co-operative Marketing Federation, AIR 1998
SC1952
6. Life Pharmaceuticals (P) Ltd v Bengal Medical Halls, AIR1971 Cal 345
7. PK Vijayan v Kamalakshi Amma AIR 1994 SC2145
8. Kiran Singh V Chaman Paswan AIR 1954 SC 340
9. Dayao v State of U.P AIR 1961 SC 1457
10. Modula India v Kamakhya Singh AIR 1989 SC 162

11. Daga Films v Lotus Production AIR 1977 Cal 312
Module II: PLEADINGS
Rules of Pleading, Signing and Verification
Alternative Pleadings
Construction of Pleadings
Plaint: Particulars
Admission, Return and Rejection
Written Statement: Particulars, Rules of Evidence
Set off and Counter Claim: Distinction
Discovery, Inspection and Production of Documents.

Appearance and Examination
Ex-Parte Procedure
Summary and Attendance of Witnesses

Case study
1. State of A.P v Pioneer Builders AIR 2007 SC 113

2. Laxman Prasad v Prodigy Electronics Ltd (2008) 1 SCC 618
3. Virender Nath v Satpal Singh AIR 2007 SC 581
4. Vijay Kumar v KamlaBai (1999) SCC148
Cases to be referred:
1. Kisandas v Vithora, ILR 1909 Bom 644

2. Patasibai v Ratanlal (1990) SCC 42
3. Syed Dastagir v TR Gopalkrishna Setty AIR 1999 SC3029
4. Throp v Holdworth(1876)3 Ch D 637
5. Sayad Muhammad v Fatteh Muhammad (1894) 22 IA 4
6. Ganesh Trading Co. v Moji Ram AIR 1978 SC 484
7. Gouri Dutt Ganesh Lall Firm v Madho Prasad AIR 1943 PC 147
8. Manphul Singh v Surinder Singh AIR 1973 SC 2158
Module III: Trial
Adjournments
Interim Orders: Commission
Arrest before Judgment
Attachment before Judgment
Injunction
Appointment of Receiver
Interest and Costs
Compensatory Costs.
Special Provisions- Suits by or against Government, Suits by Indigent persons, Suit

by/against minor, Inter pleader suit, Inherent powers of court
Pronouncement of Judgment and decree

Case Study
1. KL Gupta v Dujodwala Industries, AIR 1977 Del 49
2. Salem Advocate Bar Association v Union of India, AIR 2003 SC 189
3. Naresh Sridhar v State of Maharastra, AIR 1967 SC 1
4. RC Sharma v Union of India,AIR 1954 SC 194
Cases to be Referred:1. State of Punjab v Hardyal AIR 1985 SC 920

2. Bhagchand v Secy of State AIR 1927 PC 176 (on Section-80)
Module IV: Appeal, Review, Reference, Revision and Execution
Judgment &Order
Foreign Judgements
Appeal from Original Decree
Appeal from Appellate Decree
Appeals from Orders
General Provisions relating to Appeal
Appeal to the Supreme Court
Review, Reference and Revision
EXECUTION
General Principles: Order XXI Relevant Portion only.
Power for Execution of Decrees
Procedure for Execution (Secs.52-54)
Enforcement, Arrest and Detention (Secs 55-59)
Attachment (Secs 60-64)
Sale (Secs 65-97)
Delivery of Property
Stay of Execution
Case Study
1. Ghantesher v Madan Mohan AIR 1997 SC 471(Execution)

2. Gujarat Agro Industries Co.Ltd. v Municipal Corp, Ahmedabad, AIR 1999 SC
1818
3. Dayawati v Inderjit, AIR 1966 SC 1423
4. Ganga Bai v Vijay Kumar AIR 1974 SC 1126
Cases to be Referred:1.
2.
3.
4.
5.
Chhelaram v Manak, AIR 1997 Raj 284

Chhunilal V Mehta and Sons v Century Spg.& Mfg. Co. Ltd AIR 1962 SC 1314
Major SS Khanna v Brig. FJ Dillon, AIR 1964 SC 153
Ram Murti Devi v Ralla Ram AIR 1987 HP 1
Judhistir v Surenra, AIR 1969 Ori 233.
Module V: LAW OF LIMITATION
The Concept - The Law Assists the Vigilant and not those who sleep over the Rights.
Object.
Distinction between Latches, Acquiescence and Prescription.
Extension and Suspension of Limitation
Meaning of Sufficient Cause for not filing the Proceedings

o Illness
o Mistaken Legal Advice
o Mistaken View of Law
o Poverty, Minority and Purdha
o Imprisonment
o Defective Vakalatnama
o Legal disabilities
Case Study
1. P N Bank & Others v.SP Sinha, AIR 1992 SC 1815
2. Anantram Veeraju v. Valluri, AIR 1960 AP 222
3. M/s Transword Shipping Service Pvt. Ltd. V. M/s Harwan Invt. & Trading Pvt
Ltd. AIR 1989 AP 255
4. Mohd Qamar Shah Khan v. Salamat Ali Khan,(1930) A.L.J 394(Defective
Vkalatnama)

Cases to be Referred:1. Satyendra Nath Sinha v. Pitamber Singh, AIR 1938 Pat. 92(Legal Disabilities)
2. Mahabir Kishore & Ors v. State of MP, AIR 1990 SC 313.(S-17)
3. Cholmondely v. Clinton, 2 J&W 141{Doctrine of laches(doing nothing or Lapse
of time or delay in suing, Court of equity refuse to assist a person who sleeps
upon his rights and neglects to enforce them within a reasonable time and without
reasonable diligence)}
Related Legislations1 The Code of Civil Procedure 1908.
2 The Code of Civil Procedure (Amendment) Act 1999(46 of 1999).
3 The Code of Civil Procedure (Amendment) Act 2002(22 of 2002).
4 The Indian Contract Act 1872
5 The Transfer of Property Act 1882
6 Limitation Act 1963
PEDAGOGY
Teaching of this course will take place in the form of lectures and participation of the students in
group discussion. Students shall be advised in advance to prepare the topic for discussion in the
class. Case analyses method will also be used to get an in-depth understanding of the subject. All
the students are expected to carry a Bare Act of 1908 with them daily.
EVALUATION CRITERIA
Description
INTERNAL ASSESSMENT
MID-TERM EXAMINATION
END TERM EXAMINATION
Marks
30%
20%
50%
Schedule
Detailed below
Academic Calendar
Academic Calendar
Maximum marks for internal assessment, midterm examination and End term examination
are 100 marks each which shall be converted to 30%, 20% and 50% respectively as
reflected in the above table.
Further Breakup of Internal Assessment:

Snap Test I
: 10 Marks. It will be given after completion of one Module. The

Test will be based on case law problem).
Assignment-I
Case Presentation
10 Marks. Assignment will be given on the first week of the

beginning of the course.
: 10 Marks. It will be based on recent case laws and it will be presented

by the student in the class during the discussion of related topics.
Cases to be presented will be provided to the students beforehand
so that they may analyse the case and present it by relating the
topic to be discussed. (Every Tuesday, by Group of 04 students on
different Problems/Case Law).
Snap Test II
: 10 Marks. It will be given after completion of three Modules. The

Test will be based on case law problem.
Assignment-II
: 10 Marks. Assignment will be given to the students within one week

after completion of mid-sem.
Project work and Presentation: 50 Marks: Project will be given to the students in the first
class of the course. Students are required to submit in hard as well
as in soft copy of the synopsis one week before mid-sem and final
project with presentation (individual) the project work two weeks
before end-sem.
Mid- Semester Examination: 100 Marks (weightage=20%)
Mid-Semester examination shall be of two hour duration and shall be a combination of
10% Memory based general questions
20% Conceptual questions
20 % Analytical questions
50% Application based/problem based questions..
Course coverage:- up to three Modules of the course plan.
End -Sem Examination: 100 Marks (weightage=50%)
End-Sem examination shall be of three hours duration. The examination paper shall
have objective questions and short questions based on theories, short and long analytical
questions and will be conducted by SRE.
Course coverage:-Entire syllabus.
.

All schedules/announcements must be strictly adhered to
Attendance
Students are required to have minimum attendance of 75%. Students with less than said
percentage shall not be allowed to appear in the end- semester examination.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries) are not permitted in classes, Tests or the Mid/Final
Examination. Such devices MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to access
the LMS system regularly. Regularly, important information Date of conducting class tests,
guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best
way to arrange meetings or ask specific questions is by email.
DETAILED SESSION PLAN
SESSIONS
TOPICS
READING BOOKS
PEDAGOGY
(No.)
1-3.
4-6.
7.
8.
Introduction of
CPC: Def. of imp.
Terminology.
Civil Procedure Code

-Justice CK Thakkar, MP
Jain & Mulla(pg. 7-23)
Lecture Method, Class room discussion,

Case Study, Presentation and debates
Res-Sub judice and

Res-Judicata

-Justice CK Thakkar, MP
Jain & Mulla (pg. 66 to
130)


-Justice CK Thakkar,
MPJain & Mulla (pg. 131
to 140)


MPJain & Mulla (pg.141
to 149 )

Foreign Judgment
Place of Suing and

Institution of Suit

9.
10-11.
Parties of SuitJoinder, Misjoinder, Nonjoinder of Parties

ADR,
SummonsMeaning, its
contents and mode
of service
Rules of Pleading
12.
13-14.
Plaints-its contents,
admission, Return
and Rejection
15.
Written Statement:
Rules related with
filling.
16.
Doctrine of Set off

and Counterclaim
17.
18-19.
20-21.
Discovery,
Inspection and
Production of
documents.
Appearance,
Examination,
Attendance of
witness, Ex-parte
Procedure
Trial and
adjournment

to664)


to 207 & pg. 491 to 420)


MPJain & Mulla (pg.
781to784)
MPJain & Mulla (pg.
837to 864)
to 890 )
to 900)





MPJain & Mulla


to 1023)


MPJain & Mulla (pg.
1025 to 1033)


22.
23-24.
25-26.
27.
Interim OrdersIssue of
Commission
Arrest before
Judgment and
Attachment before
Judgment
Temporary
Injunction
Appointment of
Receiver and
Special suits

to 388)


MPJain & Mulla (pg.
1160 to 1200)


MPJain & Mulla (pg.
1583 to 1617)


MPJain & Mulla (pg.
1619 to 1639)

28.
First Appeal from

original decree

to 470)
29.
Second Appeal-to
High Court or to
The Supreme court

to 497)

Appeals from
Orders

to 508)

.30


31.
32
Appeals by
Indigent Persons
Review and
Reference

MPJain & Mulla (pg.
1417 to 1479)
to524)



MPJain & Mulla(pg. 525
to 551)

33
Revision
34.
General Principles
of Execution of
decree/order
( Order : XXI)

MPJain & Mulla
(pg.1087 to 1090 )

Process for
Execution

MPJain & Mulla (pg.
1139 to 1142)

35.
Mode of Execution
36.
37.
38.

MPJain & Mulla(pg.
1143 to 1149)

Arrest and
Detention for
execution of decree

MPJain & Mulla(pg.
1160 to 1164)

Attachment and
sale of property for
execution of decree

MPJain & Mulla (pg.
1165 to 1200)


Delivery of
property

MPJain & Mulla (pg.
1221 to 1224)
40.
Stay of Execution

MPJain & Mulla (pg.
1141 to 1142)
41.
Law of Limitation:
Introduction
Law of Limitation- UN
Mitra, Prof. JD Jain
Doctrine of Latches

43-44.
Doctrine of
Acquiescence and
Prescription

44-45
Computation of
period of
Limitation

Effect of Fraud or
mistake on
computation of
period of
Limitation


39.
42..
46.
47.
48
Total Sessions*
Extension and
Suspension of
Limitation.
Revision
Revision
48
*One Session = 60 Minutes




SUGGESTED READINGS:
Books and References:
The student should read and refer the following books and Reports.
Mulla : The Code of Civil Procedure
Justice CK Thakkar: The Code of Civil Procedure
Dr. Avtar Singh: Code of Civil Procedure
Tandon: The Code of Civil Procedure
MP Jain: The Code of Civil Procedure
TP Tripathi: The Code of Civil Procedure
UN Mitra - Law of Limitation
Prof. JD Jain- Law of Limitation
Keshari- Law of Limitation
The Code of Civil Procedure 1908-Bare Act.
The Code of Civil Procedure (Amendment) Act 1999(46 of 1999).
The Code of Civil Procedure (Amendment) Act 2002(22 of 2002).
The Indian Contract Act 1872
Transfer of Property Act 1882
Law of Limitation 1963-Bare Act
Reports of Justice Malimath Committee
1st Law Commission Report of India
2nd Law Commission Report of India
6th Law Commission Report of India
Web Sources:
Manupatra
Legal pundit
Westlaw

The Students can search the case laws and articles relating to the subject matter so as to
update themselves by using above mentioned web sources, the Indian Cases may be read
by accessing Manupatra or Legal pundit while the English cases can be accessed through
Westlaw
Project Topics:
1.
2.
3.
4.
5.
Civil procedure code (amendment )act 2002

Pecuniary jurisdiction of the court
State the provision which governs the determination of the place of suing
Explain the expression suit of civil nature
If the courts have no jurisdiction, consent of parties cannot confer jurisdiction,
nor by the consent jurisdiction can be ousted. Elaborate
6. Resjudicata
7. Ressubjudice
8. New moga transport company vs. united India insurance company(2004)scc677
9. Harshsad chiman lal modi vs. DLF universal ltd (2005)scc791
10. Sulochna amma vs. narayan Nair (1994)scc14
11. Sheodan singh vs. daryao kunwar(1966)scc1332
12. Representative resjudicata
13. Isabella Johnson vs. M.A.susai(dead) by LRs (1991)scc494
14. Explain the principle of res judicata between co defendants. How res judicata is
differ from res subjudice and estoppels
15. Discuss resjudicata in following proceedings
1 application for amendment of decree
2 application of review
3 order of maintenance
16. Foreign judgment
17. Constructive resjudicata
18. Amendment of pleadings
19. Rejection of plaint
20. Written statement, set off and counter claim
21. Whole proceeding of registration of Plaint
22. Abatement of suit
23. Execution proceedings
24. Pauper suit
25. Summary procedure
26. Concept of second appeal
27. Appeal
28. Revision and review
29. Reference to high court
30. Forum shopping

31. Transfer of suits
32. Subject matter jurisdiction
33. ADR
34. Interpleader suit
35. Compensatory cost
36. Summons
37. Mesne profit
38. Legal representative
39. Decree
40. Judgment and decree
41. Order and decree
42. Appellate orders
43. Temporary injunctions and interlocutory orders
44. Production of additional evidence in appellate court
45. Review of judgment
46. Death of parties
47. Appearance of parties and consequences of non appearance
48. Suit by or against minors/person of unsound mind
49. Salem advocate bar association vs. UOI (2005)sc3353
50. Parties to suit/ frame of suit & pleadings
51. Discovery ,inspection, production & admission of documents
52. Delay in civil trails
53. Inherent powers of court
54. Property liable to attachment
55. Withdrawal and compromise of suit
56. Set off and counter claim
57. Affidavit
58. Adjournment
59. Admission
60. Appointment of receiver
61. Institution of suit
62. Caveat,
63. Restitution
64. Appeals from orders
65. Appeals by indigent person
66. Mahant Ram das vs Mahant Ganga das(1961)SC882
67. Manohar lal vs. Seth hira lal (1962)SC527
68. Property liable to attachment in execution
69. The legislature and judiciary have taken several steps to reduce multiplicity of
suits and harassment of defendants again and again,under cpc 1908
Discuss this with reference of sec 10, 11, 12 and order 2 rule 2

NOTE: The mentioned project topics are suggestive. Students may choose topics from
outside this list also; but final allotment of projects shall be subject to approval by the
instructor.
. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned sessions contents in advance before coming
to the class.
c) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion, current
practices, examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she will
loose the marks.
g) Late entry(Max. 5 minutes from the class timing) in the class will not be allowed

----------------------------------------------------------------------------------------------------------------Annexure-I

COLLEGE OF LEGAL STUDIES
BA.,LLB(HONS.)
SEMESTER 4
ACADEMIC YEAR: 2014-15
SESSION: JAN-MAY
ASSIGNMENT
FOR
CIVIL PROCEDURE CODE (LLBL 131)
Under the Supervision of:
(TO BE FILLED BY THE STUDENT)
NAME:
_______________________
SAP NO:
________________________
ROLL NO
-------------------------------------

Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)
General Question- subject matter
Write short notes on any four of the following:
Q. No.1 Describe MESNE PROFITS?
Q. No.2 preliminary decree?
Q. No.3 objection regarding jurisdiction has been defined under section?
Q. No.4 Indian bank vs Maharashtra state co-operative marketing fed ltd related to which
section (1998) ?
Q.No..5 Write leading cases on foreign judgment?
Section B (20 marks)- Conceptual Question
Q. N0.6 What is forum shopping?
Q. N0.7 Res-subjudice?
Section C (20 marks)- Analytical question
Q. N0.8 Explain the test and condition of resjudicata?
Q. N0.9 Explain the Concept of place of suing?
Section D (50 marks)
(Attempt all questions. All questions carry equal marks)
Q. No.10.A, a partner firm filed a suit against B to recover Rs 50,000. The suit was
dismissed on the ground that it was not maintainable since the partnership firm was not
registered, there after the firm was registered and the subsequent suit was filed on the
same cause of action . is the suit barred by res judicata?.
Decide the case and justify your answer by relevant cases and examples.
Q. N0.11 The legislature and judiciary have taken several steps to reduce multiplicity of
suits and harassment of defendants again and again,under cpc 1908
Discuss this with reference of sec 10, 11, 12 and order 2 rule 2?
Q. N0.12. Salem advocate bar association vs. UOI (2005)sc3353

Q. N0 13 If the courts have no jurisdiction, consent of parties cannot confer
jurisdiction, nor by the consent can jurisdiction be ousted. Elaborate
Decide the case and justify your answer by relevant provisions and case laws.
Q. N0.14 describe elaborately the provisions regarding temporary injunctions, with all the
leading cases.

INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must behandwritten.

2. To answer your assignment questions you need to access multiple information sources
like
a.
b.
c.
d.
Your own prior experience.

Regular reading of Books, Law Journals, magazines and News papers
Reference Books
Browsing the internet for latest updates.
3. Please remember that due to the dynamic and rapidly changing global legal environment
and the continuously realigning geopolitical situation, your answers should capture and
depict the current contemporary information.
4. As a student of Law, we encourage to have a contrary point of view. But do ensure that
you can provide a logical justification to this view supported by verifiable facts, figures,
statues and decided cases by various higher courts.

Annexure-II
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation
3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.
4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;

d. Show evidence of the students capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration
with others.
6. A certificate to the effect that the project work carried out by the student independently or
in collaboration with other student(s) endorsed by the student shall form the part of the
submission for evaluation.
7. Every student who spends a specified period of time in an industry/organization/institute
for reasons of work related to his/her project work, with prior permission from the
Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.
8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software will
necessarily be as per the standards prescribed by the university. If the report is below
standards the supervisor will reject the project and award zero marks.

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Format No. QSP/7.1/01.

BA., LL.B (Hons) and BBA.,LL.B(Hons)

BA., LL.B (Hons) and BBA.,LL.B(Hons)

The Code of Civil Procdure and Law of limitation

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Jurisdiction: Kinds; Hierarchy of Courts.

Suit of Civil Nature - Scope and Limits

Res-sub judice and Res-judicata

Foreign Judgment - Enforcement

Parties to Suit: Joinder, Mis-Joinder or Non-Joinder of Parties: Representative Suit.

Frame of Suit: Cause of Action

Alternative Disputes Resolution (ADR)

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Transfer of civil cases

10. Modula India v Kamakhya Singh AIR 1989 SC 162

Rules of Pleading, Signing and Verification

Admission, Return and Rejection

Written Statement: Particulars, Rules of Evidence

Set off and Counter Claim: Distinction

Discovery, Inspection and Production of Documents.

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Appearance and Examination

Summary and Attendance of Witnesses

1. State of A.P v Pioneer Builders AIR 2007 SC 113

1. Kisandas v Vithora, ILR 1909 Bom 644

Interim Orders: Commission

Arrest before Judgment

Attachment before Judgment

Interest and Costs

Special Provisions- Suits by or against Government, Suits by Indigent persons, Suit

Pronouncement of Judgment and decree

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Cases to be Referred:1. State of Punjab v Hardyal AIR 1985 SC 920

Module IV: Appeal, Review, Reference, Revision and Execution

Appeal from Original Decree

Appeal from Appellate Decree

Appeals from Orders

General Provisions relating to Appeal

Appeal to the Supreme Court

Review, Reference and Revision

General Principles: Order XXI Relevant Portion only.

Power for Execution of Decrees

Procedure for Execution (Secs.52-54)

Enforcement, Arrest and Detention (Secs 55-59)

Attachment (Secs 60-64)

Sale (Secs 65-97)

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Chhelaram v Manak, AIR 1997 Raj 284

Module V: LAW OF LIMITATION

Distinction between Latches, Acquiescence and Prescription.

Extension and Suspension of Limitation

Meaning of Sufficient Cause for not filing the Proceedings

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

: 10 Marks. It will be given after completion of one Module. The

10 Marks. Assignment will be given on the first week of the

: 10 Marks. It will be based on recent case laws and it will be presented

: 10 Marks. It will be given after completion of three Modules. The

: 10 Marks. Assignment will be given to the students within one week

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

Civil Procedure Code

Lecture Method, Class room discussion,