Title LB-603 Code of Civil Procedure & Limitation Act.pdf ✅

SYLLABUS HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA (Established by Himachal Pradesh National Law University Act, 2016 (Act No. 16 of 2016) Code of Civil Procedure & Limitation Act (LB 603) B.A. L.L.B/B.B.A. L.LB. (FYIC) Semester- VI Session - 2024-25 Syllabus Designed by: Dr. Navditya Tanwar Reading Material Edited and Complied by: Dr. Navditya Tanwar HIMACHAL PRADESH NATIONAL LAW UNIVERSITY SHIMLA, 16 Mile, Shimla-Mandi National Highway, Ghandal District, Shimla, HP-171014. Ph.0177-2779803. Fax: 0177-2779802 Website: http://hpnlu.ac.in
Himachal Pradesh National Law University Shimla Semester VI Academic Session 2024-25 Paper Code: LB608 Page 1 Civil Procedure Code & Limitation Act Course Outline: - Civil Procedure Code is most important procedural law for enforcement of civil rights and remedies through courts of civil judicature. The course is designed to develop an understanding of working of civil courts for the purpose of enforcement of civil substantive rights. The course requires students to understand the concepts such as determination of civil suits, their institution, and preparation of pleadings, appearance of parties, their examination, judgement, decree execution and process of appellate proceedings. Since, institution of suits and filing of appeal requires understanding of time frame within which the court is to be moved therefore, the course will also delve in to Law of Limitation as applicable to civil proceedings. Course Objectives: - 1. To impart understanding of working of courts of civil judicature by analysing legislative enactments and judicial decision. 2. To enable students to determine suits of civil nature, their filing mechanism and adjudicatory process. 3. To impart understanding of challenges in timely adjudication of civil disputes and role of lawyer to assist in faster court process. 4. To assess the appropriate time frame for purpose of filing suits in accordance with Limitation Act. Learning Outcome: - On the completion of the course, the students will be able to: 1. Understand the determination of civil suits and mechanism for their institution and framing. 2. Understanding the presentation of plaint and written statement 3. Analyse courts working for purpose of trial of civil suits 4. Understand the principles of Limitation Act for purpose of filing of litigation and enforcement of remedies.
Himachal Pradesh National Law University Shimla Semester VI Academic Session 2024-25 Paper Code: LB608 Page 2 Pedagogy: - The Civil Procedure Code and Limitation Act are the most fundamental subjects for purpose of understanding civil practice. Keeping this in mind the course is designed to inculcate practical understanding by applying case study method. The teacher will put across case material incorporating the current legal development and changing scene of civil litigation. The in-depth understanding of the subject will be imparted by arranging classroom discussion, seminars and expert talks. In addition to this, the lectures will be based on bare act study and concepts contained in judicial decisions. The course will present the amalgamation of case laws and bare act based lectures. Since, the subjects are technical, the advocates will be called upon to deliver lucid understanding of concepts related to working of courts of civil judicature. Evaluation: (Maximum Marks 100) (4 Credits) Sr. No. Component Weightage 1. Written Assignment and Presentation 25 (15+10) 2. Mid-Term Examination 25 3. End-Term Examination 50
Himachal Pradesh National Law University Shimla Semester VI Academic Session 2024-25 Paper Code: LB608 Page 3 Syllabus and Teaching-Learning Plan The Course Content is divided into four modules, each module consists of five sub topics. The number of lectures to be delivered for each sub topic and contents covered under the sub topic is specified briefly. The course shall be covered by classroom lecture of 60 hours (48 classes). Each Module must have minimum of 9 classes, however, all four modules must be finished in not less than 48 classes. Sub Topics Name of the Module & Sub Topics Number of Lectures Content Covered (Description in 50-100 words for each sub module) Module 1: Introduction – Suits in General, Jurisdiction; principles of Res sub Judice and Resjudicata [Ss 2-14, O 2, Rules 1 &2] 1.1 Definitions – Decree, Foreign Court, Judge, Judgment, Legal Representative, Mesne Profits, Order, 4 Introducing students to terms used such as Decree, Foreign Court, Judge, Order and Mesne Profits with help of perusal of definition section 2 of the Code and with help of case law such as Lucy Kochuvareed vs P. Mariappa Gounder And Ors. AIR 1979 SC 1214 1.2 Suits of Civil Nature 3 Elaborate the process of determination of civil suits with help of section 9 of the Code with help of case laws such as Gundaji Satwaji Shinde v. Ram Chandra Bhkaji Joshi, AIR 1979; Most. Rev. P.M.A. Metropolitan & vs Moran Mar Marthoma & Anr 1995 AIR 2001; Samir Sajjad Ahmed vs Mohammed Ayub Civil First Appeal No.