Code of Civil Procedure - I

THE SYLLABUS FOR C.P.C- I

1. Introduction

a. Definitions: Decree, Judgement, Order, Foreign Court, Foreign Judgement,
Mesne, Profits, Affidavit, Suit, Plaint, Written Statement

b. Important Concepts: Res Sub Judice, Resjudicata, Restitution, Caveat, Inherent
powers of courts.

2. Initial steps in a suit
a. Jurisdiction and place of suing

b. Institution of suit

c. Pleadings: Meaning, object, General rules, Amendment of pleadings

d. Plaint and written statement

e. Discovery, Inspection and production of documents

f. Appearance and non-appearance of parties

g. First hearing

3. Interim Orders

a. Commissions

b. Arrest before judgement

c. Attachment before judgement

d. Temporary Injunctions

e. Interlocutory orders

f. Receiver

g. Security of costs

4. Suits in Particular Cases

a. Suits by or against Government

b. Suits by Indigent persons

c. Interpleader Suit

d. Summary Procedure

e. Suits relating to public nuisance


The entire course would be coming for the end semesters. (Obviously)

First Unit
The portions of the first unit part (a) are given and explained extremely well in C.K. Takwani (personal reccomendation from my side is to study from this book, to look at any other text would be suicidal)
Foreign Judgment: this portion can be done from A.K. Jain (if there is paucity of time, if not, C.K. Takwani)
Part (b) of Unit-I, This SHOULD be done from C.K. Takwani ONLY, A.K. Jain WILL NOT SUFFICE. Those persons in possession of Belu Ma'ams notes can additionally refer to them, for easier understanding. Personal reccomendation would be to read Maam's notes once and then study from Takwani. This topic was dealt in great details in class.

Unit-II
As far as this unit is concerned, it may be a little complicated for people to understand if they haven't been regularly attending the lectures.
Chapters 4, 5, 6, 7, 8, 9, of C.K. Takwani cover these portions. I personally did few portions exclusively from the Bare Act, and supplemented the same with the cases. But, many students may find it difficult to understand the bare text, as there are many rules to the orders, and some of the rules are drafted in such a manner that they come across to be very lengthy. Therefore, ultimately there wont be any other saving grace apart from C.K. Takwani.


Unit-III
This unit was dealt dually by Mr. Singhla and Belu Ma'am. For those who attended all the lectures, must have realised the striking similarity in what was dictated in class and the text in C.K. Takwani. So for the part of commissions etc. (portion dealt with by the guest lecturer) should be done through Takeani, otherwise, if you have patience, use the Bare Act, it a little tedious but easy to understand. Everything is given in that.
Rest of the portions were dealt extremely well by Belu Maam, her class notes on Order 9 should be enough, and for interim orders and interlocutory orders, her class notes are good, they give you a very strong base. If you dont have them study from C.K. Takwani. The topics arent tough, and if you remember your torts class (ironically taught by Maam herself) and u ahave your notes, you might be able to understand this topic easily. Also for those who remember their Specific Relief Act, it shouldn't be a tough job. Easy topics.

Unit-IV
This is the last unit. This unit is EXTREMELY important. Summary Procedure is a "must do". A question will come on it. (As per my belief and guess work). B,C,D,E, of this unit should be done from Takwani, and part 'a' can be done from the bare text.


LASTLY STUDENTS WHO ARE GOING TO STUDY FROM A.K. JAIN :-
PLEASE NOTE

A.K. JAIN COMES IN 2 PARTS
THE MAIN BOOK
AND THE SUPPLEMENT
BOTH ARE A MUST HAVE IF YOU WISH TO COVER THE SYLLABUS

THE TOPICS COVERED BY A.K. JAIN ARE
BY THE MAIN BOOK
Intoduction
Jurisdiction of courts
REs Sub judice and res judicata
Foreign Judgment
Place of suing
Parties to suit by or against govt.
Inherent power of the Court
amentdment of Pleadings
appearance and non-appearance of parties
summary procedure
temporary injunctions

BY THE SUPPLEMENT
Institution of suit & definitions
Pleadings
Discovery inspection and production of documents
first hearing
interim orders
judgment and decree
pauper suits- suits by indigent persons (forma pauperis)
public nuisance
interpleader suits
restitution
caveat


YOUR HARDWORK WILL PAY, DO NOT BLAME ME, ITS POSSIBLE THAT FEW THINGS MIGHT HAVE BEEN MISSED OUT, IF YOU SEE THAT IT IS, COMMENT ON THE POST.

AND NO I AM NOT RELATED TO A.K. JAIN

-Jyotika Jain