BCP302 | Civil Procedure Code II

This is a mandatory course as per Bar Council Regulations and this course has been designed as follows.

In CPC 1 we explored several of the conceptual themes arising within civil procedure such as the following:

The difference between substantive law and procedural law.

The difference between questions of law and questions of fact.

The goals of procedural systems.

The factors that influence procedural systems.

How procedural systems can be categorised.

The adversarial – inquisitorial dichotomy.

Comparative civil procedure and its benefits.

What does procedure have to do with Justice?

The importance of Procedure.

The History of Indian Civil Procedure.

Peculiar problems with Indian Civil Procedure and the Indian Civil Justice System.

The role of advocates and pleaders

Initiation of a civil suit

Service of summons

Students explored these themes further in their projects which offered various theoretical perspectives. In CPC I we also looked at the role of advocates and pleaders, initiation of a suit, and service of summons. In CPC II we will continue looking at the “nuts-and-bolts” of advocacy on the civil side and projects allocated to the students will also be “practical” as opposed to the “theoretical” ones explored in CPC1. We will cover the remainder of Sections 1 to 35 B and Orders 6 to 20A –the entire trial court procedure from the stage of filing of the plaint, as the suit proceeds from stage to stage, until the judgment is pronounced by the trial court and the decree is written. Thereupon key portions of the remainder of the Code will be covered in particular: Appeals, Review, Revision, Reference, Special Types of Suits and Execution.

The materials we rely upon are primarily the statutes concerned namely, the Code of Civil Procedure, 1908, and related statutes such as the Limitation Act, 1963. We also rely extensively on cases decided by the Supreme Court and some cases of the High Courts. Students must note that since important changes have been brought about by virtue of the Commercial Courts Act, 2015, insofar as commercial cases are concerned, they will be expected to understand and appreciate at each stage of the civil proceeding, the differences in the conduct of regular civil suits and the conduct of commercial cases.

Students will be furnished copies of the Handouts (as was done in CPC1 wherein Handouts were furnished) at the start of the course which will outline in detail the topics covered, the relevant statutory provisions, the cases to be discussed and the readings for each topic. For each class, students will be expected to read the cases mentioned in the Handouts. Additional reading will also be indicated, usually the relevant Chapters from Takwani’s Textbook on Civil Procedure.

In a typical class, the Course Teacher will first outline the broad principles under the topic being studied and then the class will read the statutory provisions. We then move on to case-law that illuminates the principles underlying the statutory rules. For each class, 5 students will be identified before-hand and will be required to lead the discussion in that class. The other students will also be expected to have read the materials and to actively participate in classroom discussion. Students who have worked on or are working on a project that involves the topic under consideration might be required to make a presentation in class- this will help the class explore several tangential and intersecting themes. For example, whilst studying Pleadings, a student who has made a project on Pleadings under the Commercial Courts Act, 2015, might make a presentation upon the said topic. Socratic discussion is welcomed. There will be Mock-Tests wherein students will be expected to solve practical-type questions.

In contrast with the approach in CPC1, since students would have already had considerable exposure to the relevant statutes and materials, a much higher level of self-study is expected and required in CPC2: whether it be as regards reading cases or statutory provisions.