Civil Procedure Code, 1908
Description and Objectives
Code of Civil Procedure is a Code providing mechanism to decide controversy between the litigating parties within the parameters prescribed. It consists of Ten parts. (i) Part I - Sections 1 to 158 which is substantive law while Part II consists of 50 orders. It enunciates procedural law. The bodyof the Code is expressive in general terms which helps to be read in conjucntions with that Rules detailed in the Orders. These rules explain the deatils and the machinary indicating the mode through which the jurisdiction is exercised and the remdies given. The Code is intended to consolidate and amend the laws relating to the procedure of the Civil Courts.
Learning Outcomes
Upon completion of Course, a student should be able to demonstrate skills to:
- Elucidation of principles for the resolution of dispiutes;
- Distinguish and demonstrate the difference between substantive and procedural law;
- Analyse that procedural issues missing out of the disputes regarding Parties to the litigation monetary and territorial jurisdiction of the Courts;
- To recommend appropriate ways for resolving the disputes with a professional judgement;
- Devise an appropriate course of action for early resolution of disputes facing the contemporary society;
-To communicate clearly using appropriate language coupled with coherent-argument and independent exposition of ideas.
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TEXT BOOKS:
1. CPC with Commentary by Aamer Raza Khan
2. CPC with Commentary by Shoukat Mahmood
3. CPC with Commentary by M. Mahmood
4. CPC with Commentary by Nizami
5. CPC with Commentary by DF Mullah
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Timetable:
Thursday:
Regular Class: 11:00 AM - 12:30 PM
Self Support Class : 12:30 PM- 2:00 PM
Friday:
Regular Class: 9:30 AM-11:00 AM
Self Support: 11:30 AM- 1:00 PM
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Assessment Criteria
Sessional 20 marks
Assignments 05 Marks
Presentation 05 Marks
Conduct 05 Marks
Attendance 05 Marks
Mid-Term Paper 30 Marks
Final-Term Paper 50 Marks
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Course Material
Contents:
1. Appeals:
i) Appeals from Original Decree and Appellate Decree.
ii) Appeals from Orders
iii) General Provisions relating to Appeals
iv) Reference Review. Revision
v) Procedure in Appeals
2. Incidental Proceedings
i) Commissions
ii) Suits by or against Government
iii) Suits by or against Aliens. Ambassadors and Envoys
iv) Inter Pleader Suit
v) Appointment of Receiver
vi) Temporary Injunction
vii) Interlocatory Orders
viii) Affidavits
ix) Withdrawal and Adjustment of Suits
x) Arreast and attachment before judgment
3. Special Proceedings
i) Suits relating to public matters
ii) Suits involving substantial questions as to constitution
iii) Suits by or against Armed Forces Pesonnel
iv) Suits by or against Corporation and Firms
v) Suits by or against minors and persons of unsound mind
vi) Suits by Paupers
vii) Suits in repect of Negotiable instruments
4. Death, Marriage and Insolvency of Parties
i) Abatement on Party's Death
ii) Procedure
iii) Determination of questions as to Legal Representative
iv) Effect of abatement or dismissal
5. Miscellaneous
i) Exemption of persons from personal appearance
ii) Arrest other than in execution
iii) Application for Restitution
iv) Enlargement of time
v) Power of court to make up deficiency of Court fee
vi) Inherent Powers of the Court
vii) Amendment of Judgement and Decree
6. Limitation Act, 1908:
i) Preliminary
ii) Limitation of Suits, applications and appeals
iii) Computation of periods of limitation
iv) Acquisition of pwnership by possession