
Description
This batch offers complete practical training in Civil Court procedures. You will learn drafting and filing of plaints, written statements, interim applications, framing of issues, evidence, cross-examination, arguments, orders, decrees, and execution proceedings.
Through real case studies and step-by-step courtroom techniques, you will develop strong practical skills to confidently handle civil matters in court.
Syllabus -
This is a comprehensive syllabus designed for a Civil Court Practice Batch. It is structured chronologically to mirror the lifecycle of a lawsuit in India, integrating the Civil Procedure Code (CPC) 1908, the new Bharatiya Sakshya Adhiniyam (BSA) 2023, the Limitation Act, the Suits Valuation Act, and the Court Fees Act.
Target Audience: Law Students, Junior Advocates, and First-Generation Lawyers.
Objective: To provide practical, procedural knowledge from drafting a notice to the execution of a decree.
Module 1: Foundational Concepts & Pre-Litigation
Understanding the battlefield before entering it.
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Anatomy of the Legal Profession:
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Distinction between Lawyer, Advocate, Attorney, and Barrister.
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Role of Advocates in Civil Justice.
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Power of Attorney: General vs. Special, Registration requirements.
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Self-Representation: Rights and limitations (Party-in-person).
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Jurisdiction (Where to file?):
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Territorial, Pecuniary, and Subject-matter Jurisdiction.
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Res Sub-Judice (Stay of Suit) and Res Judicata.
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Limitation Act:
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Calculation of limitation periods.
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Condonation of delay.
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Pre-Institution Requirements:
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Legal Notice: When is it mandatory? (Sec 80 CPC, etc.)
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Drafting a robust Legal Notice.
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Valuation of Suit: Principles under Suits Valuation Act.
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Court Fees: Calculation under Court Fees Act (Ad-valorem vs. Fixed).
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Module 2: Institution of Suit & Pleadings
The art of starting the legal machinery.
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The Plaint (Order 7):
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Essential ingredients of a Plaint.
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Drafting Workshop: Drafting a Plaint for Recovery/Injunction/Declaration.
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List of Documents: What to attach with the plaint (Originals vs. Copies).
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Filing Procedure:
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Institution of Suit (Section 26, Order 4).
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Suit on Board: Understanding the "First Date" scenarios.
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Scrutiny by Registry: Common objections and how to cure them.
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Initial Hurdles:
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Rejection of Plaint: Understanding Order 7 Rule 11.
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Return of Plaint: Order 7 Rule 10.
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Rectification/Amendment of Pleadings: Order 6 Rule 17 (Pre-trial vs. Post-trial amendments).
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Module 3: Service, Appearance, and Default
Ensuring all parties are present before the court.
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Summons (Order 5):
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Modes of service (RPAD, Bailiff, WhatsApp/Email validities).
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Substituted Service (Publication in newspapers).
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Appearance of Parties:
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Vakalatnama: Contents, execution, and welfare stamp requirements.
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Consequences of Non-Appearance (Order 9):
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Ex-parte proceedings against Defendant.
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Dismissal for default (Plaintiff absent).
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Setting aside Ex-parte orders and Restoration of suits.
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Module 4: Defense, Replication, and ADR
The response and the search for settlement.
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Written Statement (WS) (Order 8):
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Strict Timelines: The 30 days to 120 days rule (and Supreme Court judgments).
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Drafting WS: Specific denials vs. evasive denials.
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Set-off and Counter Claim: Differences and how to draft.
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List of Documents: Defendant’s documentary evidence.
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Subsequent Pleadings:
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Reply to Written Statement (Replication).
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Examination of Parties (Order 10):
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First hearing oral examination by the Judge to narrow disputes.
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Alternative Dispute Resolution (Sec 89 CPC):
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Mandatory reference to ADR.
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Mechanisms: Mediation, Conciliation, Lok Adalat, Arbitration.
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Settlement: Recording an Out-of-Court settlement/Compromise Decree (Order 23).
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Module 5: Pre-Trial Steps (Discovery & Issues)
Preparing the case for trial.
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Discovery and Inspection (Order 11):
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Interrogatories (Questions to the other side).
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Discovery of documents.
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Document Management:
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Production, Impounding, and Return of Documents (Order 13).
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Admission and Denial of documents.
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Framing of Issues (Order 14):
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Difference between "Fact in Issue" and "Relevant Fact".
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How issues define the scope of the trial.
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Disposal of suit at the first hearing (Order 15).
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Module 6: The Trial (Evidence & Witness Handling)
The core battleground. Integrating Bharatiya Sakshya Adhiniyam (BSA).
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Witness Examination Order:
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Examination-in-Chief (Affidavit of Evidence).
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Cross-Examination (The art of questioning).
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Re-Examination (Clarifying doubts).
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Commissions (Order 26):
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Appointment of Court Commissioner for Local Investigation or Witness Examination.
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BSA Integration:
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Primary vs. Secondary Evidence (changes in digital evidence under BSA).
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Burden of Proof.
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Proving Electronic Records (New certification rules).
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Module 7: Interim Applications & Injunctions
Emergency reliefs during the pendency of the suit.
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Temporary Injunctions (Order 39 Rules 1 & 2):
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Prima facie case, Balance of convenience, Irreparable loss.
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Ex-parte Ad-interim injunctions.
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Interlocutory Orders:
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Appointment of Receivers (Order 40).
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Arrest and Attachment before Judgment (Order 38).
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Security for Costs (Order 25).
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Payment into Court (Order 24).
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Module 8: Special Suits & Situations
Handling complex or unique litigant scenarios.
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Suits by/against Specific Entities:
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Government (Section 80 Notice requirement).
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Corporations/Companies.
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Minors and Persons of Unsound Mind (Next Friend/Guardian).
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Indigent Persons (Pauper Suits - Order 33).
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Trusts and Soldiers.
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Incidental Proceedings:
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Death, Marriage, and Insolvency of Parties (Order 22) - Abatement of suit and bringing legal heirs on record.
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Specific Suit Types:
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Summary Suits (Order 37): Fast-track recovery mechanism.
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Suits related to Special Cases (Section 90).
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Module 9: Conclusion of Suit
The final verdict.
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Arguments:
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Oral Arguments.
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Submission of Written Arguments.
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Judgment & Decree (Order 20):
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Difference between Judgment, Order, and Decree.
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Preliminary Decree vs. Final Decree (Crucial in partition/possession suits).
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Awarding of Costs.
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Module 10: Post-Judgment (Appeals & Execution)
The aftermath.
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Execution (Order 21):
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The "Real" battle: Application for Execution.
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Modes of execution: Attachment of property, Arrest, Garnishee Order.
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Appeals & Revision:
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First Appeal vs. Second Appeal.
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Reference, Review, and Revision (Sec 113, 114, 115).
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