CHANAKYA NATIONAL LAW UNIVERSITY

A rough draft of project of CPC with Limitation Act

On
“Paras Nath Rai vs State of Bihar AIR 2013 SC 1010 ”

Submitted by: Aashish Mittal Submitted to : Prof. Meeta Mohini

Roll No: 1901 Faculty of CPC with Limitation Act
3rd Year, 5th Semester B.A. L.L.B. (Hons.)

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INTRODUCTION
The case Paras Nath Rai vs State of Bihar is a case related to land dispute between the parties
who are in relation to each other, it deals with provisions of The Code of Civil Procedure,
1908; Bihar Consolidation of Holdings and Prevention of Fragmentation Act, and; Bihar
Land Reforms (Fixation of Ceiling area and Acquisition of Surplus Land) Act, 1961. The
main ideas to be dealt in the paper is related to the provisions of The Code of Civil
Procedure, 1908. The said case deals with the provisions of Sec2(2) of the CPC which
defines Decree, Sec 97 namely ‘Appeal from Final decree where no Appeal from Preliminary
Decree’ and Orders which are as follows-
 Order 20
o Rule 6- Contents of Decree
o Rule 9- Decree For Recovery of Immovable Property and
o 18- Decree in suit for partition of property or separate possession of a share therein
 Order 22 of the code- Death, Marriage and Insolvency of Parties
 Order 41- Appeals from Original Decrees
o Rule 17 Dismissal of appeal for appellant’s default. Hearing appeal ex parte.
 Order 23- Withdrawal and Adjustment of Suits
o Rule 1 Withdrawal of suit or abandonment of part of claim

AIMS AND OBJECTIVES:

1. To know about the Provisions of the Code of Civil Procedure dealt in the given case.

2. To know about the facts and judgement of the case.

3. To know the different Orders with the Rules and their affect in the final judgement.

RESEARCH METHODOLOGY

The researcher mainly rely on Doctrinal form of research and the research will confine its
research to the books, articles, cases judgements.

TENTATIVE CHAPTERISATION

1. Facts of Paras Nath Rai vs. State of Bihar

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 2. Relevant provisions as per the given facts and their application.
3. Judgement of the case and opinions.
4. Analysis and comments
5. Judgements of Supreme court in same matters pertaining to the opinion.
6. Conclusion