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3rd Semester LLB Unitary - Code Of Civil Procedure I - Notes, Question Papers and Syllabus

August 10, 2025 ,

Code Of Civil Procedure I

(Including Civil Rules Of Practice) (Section 1 To 35 B And Order I To XXA)

Subject Shall Be Taught By Incorporating The Recent Developments.

Unit I

Distinction Between Substantive Law And Procedural Law - Civil And Criminal Procedure – Recent Trends In Civil Procedure – Significance Of Procedural Law For A Just Society - History Of The Civil Procedure In India - Scheme Of The Code Of Civil Procedure - Meaning Of Suit And Essentials Of A Suit.

Definitions – Decree – Judgement – Order – Decree Holder – Judgement Debtor – Legal Representative – Mesne Profits – Public Officer

Hierarchy Of Civil Courts - Place Of Suing - Jurisdiction Of Civil Courts - Meaning Of Jurisdiction - Jurisdiction And Consent - Lack Of Jurisdiction And Irregular Exercise Of Jurisdiction - Decision As To Jurisdiction - Kinds Of Jurisdiction - Courts To Try All Suits Of A Civil Nature Unless Barred

Unit II

Res Sub Judice And Res Judicata - General Conditions Of Res Judicata - Constructive Res Judicata - Res Judicata And Estoppel - Res Judicata Between Co-Defendants And Co-Plaintiffs

Foreign Judgment - Meaning Of Foreign Judgment - Conclusiveness Of Foreign Judgment - Its Enforcement And Execution

Institution Of Suit - Parties To Suit - Joinder, Non-Joinder And Misjoinder Of Parties - Representative Suit - Joinder Of Causes Of Action And Misjoinder - Frame Of Suit – Inclusion And Splitting Of Claims – Multifariousness

Unit III

Summons - Issue And Service Of Summons To Defendants

Pleadings Generally - 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 Counterclaim: Distinction

Unit IV

Discovery, Inspection And Production Of Documents – Interrogatories - Privileged Documents – Affidavits

Appearance Of Parties And Consequences Of Non-Appearance - Dismissal Of Suit For Default - Ex Parte Proceedings - Setting Aside Ex-Parte Decree – Recognized Agents And Pleaders

Trial – Summoning And Attendance Of Witnesses - Adjournments – Hearing Of Suit – Framing Of Issues – Kinds Of Issues – Importance Of Issues

Disposal Of Suit – Judgement And Decree – Interest - Costs

Unit V

Civil Rules Of Practice In Kerala – Presentation Of Documents In Court – Posting Of Cases – Adjournments – Interlocutory Proceedings – Affidavits - Trial Of Suits

Suggested Readings

  • Takwani C. K. – Civil Procedure

  • Mulla – Code Of Civil Procedure

  • Sarkar’s - Law Of Civil Procedure