CIVIL PROCEDURE-II
Module Description
This module focuses on the procedure that is enacted to regulate the proceedings before the Civil Courts. Provisions contained in Civil Procedure Code, 1908, are mainly rules of procedure.
In Pakistan the law which governs the civil procedure is the Code of Civil Procedure (Act of 1908) which was enacted on 21st March 1908 and is a consolidating and amending statute.
This module contains rules which govern the procedure for exercise of the rights under civil jurisdiction. The purpose of this course is to acquaint the students with the procedural provisions of the Code of Civil Procedure in particular with reference to the different stages of civil trial, judgment and decree and its execution, the right of exercise of appeal, revision and review.
In nutshell, this module will help students equip themselves with the knowledge of procedural laws which are relevant to the civil courts in Pakistan.
a. Learning Outcomes
Upon successful completion of the module, students will be able to:
• Grasp the principles of civil justice system.
• Have an understanding of the procedure for the enforcement of civil rights through the civil courts and have the knowledge of the steps involved in civil trials & appeals.
• Recognize specific provisions of the code and would be able to identify the law applicable at the various stages of a trial.
• Recognize the procedure for drafting the plaint
• Identify the procedure for issuing of summon and further service upon the defendant
• Drafting of written statement
• Identify the principal of injunction
• Identify appointment of receivers
• Understand the circumstances in which court can allow attachment before judgment
• Identify the order under which counsel can take adjournment
• Identify different stages of civil trial
• Grasp the important features of judgment and decree and its execution have an understanding of the right of exercise of appeal, revision and review.
Indicative Content
• Parties to suit; who may join as a plaintiff and defendant
• The power of the court to delete or implead the parties in suit
• Particulars to be contained in plaint
• Different ways through which summons can be served upon the defendant
• Procedure to draft written statement and limitation for filing of the written statement
• Procedure for recording evidence
• Difference between judgment and decree
• Procedure for execution of a decree
• Circumstances under which stay is granted by the Court
Delivery
A variety of teaching approaches are used including lectures, notes, assignments, weekly quizzes and yearly assessments.
Assessment
The formal assessment of this module will be conducted through weekly assignments, quizzes and two closed book examinations :
Quizzes/Assignments 50%
Closed book examinations 50%
Indicative reading list :
Core Text/Recommended Reading
• Commentary on the Code by Justice (R) AamerRaza A. Khan 10th Edition
• Volume II(Orders) of the Cases & Materials on the Civil Procedure by Justice (R) Aamer Raza A. Khan
• The Code of Civil Procedure 1908 by PROF (Dr) S. Venkataraman
Lecture Sequence
COURSE BA LLB
TERM --
SUBJECT CODE OF CIVIL PROCEDURE 1908
ASSESSMENT ASSIGNMENT/QUIZZES 50%
CLOSED BOOK EXAM 50%
LECTURER SYED MASROOR AHMED ALVI
CORE TEXT Volume I(Orders) of the Cases & Materials on the Civil Procedure by Justice (R) AamerRaza A. Khan Edition (2010)
WEEK NO LECTURE DATE LECTURE TOPICS CORE TEXT
CHAPTER READING
1
--- PLAINT- Particulars contained in the plaint
Return of plaint
Rejection of plaint. Order VII Of Civil Procedure Code 1908.
2
--- Issue of summons to the Defendant. Mode of Service.
Procedure when defendant refused to accept service or cannot be found.
Substitute service. Order V of Civil Procedure Code 1908.
3
--- The Written Statement/Set off.
Effect of failure to file written statement. Order VIII of Civil Procedure Code 1908.
4
--- Appearance and consequences of Non Appearance of Parties.
Examination of Parties by the Court. Order IX and Xof Civil Procedure Code 1908.
5
--- Settlement of Issues and determination of suit on issues of law or issues agreed upon. Order XIV of Civil Procedure Code 1908.
6
---
Summoning and attendance of witnesses. Order XVI of Civil Procedure Code 1908.
7 --- Adjournments Order XVII of Civil procedure Code 1908.
8
--- MID TERM EXAMINATION
9
--- Hearing of the Suit and Examination of witness. Order XVIII of Civil Procedure Code 1908.
10 --- Judgment and decree. Order XX of Civil Procedure Code 1908.
11
--- Execution of Decree & orders
The difficulties of litigant begin when he obtains decree
Provisions for the execution of the Decree
Order XXI of Civil Procedure Code 1908.
12 --- Suits by pauper Order XXXIII of Civil Procedure Code 1908.
13 --- Attachment and Sale
Arrest and Detention
Appointing a Receiver Order XXXVIIII and XL of Civil Procedure Code 1908.
14
--- Temporary injunctions and interlocutory orders Requirements for granting a stay. Order XXXIX of Civil Procedure Code 1908.
15
--- Appeals from Original decree, from appellate decree and orders. Order XLI to Order XLIII of Civil Procedure Code 1908.
16 --- Review. Order XLVII of Civil Procedure Code 1908
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