• Fri. Jun 9th, 2023

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The Code of Civil Procedure, 1908 – An Introduction

Code of Civil Procedure ( CPC)

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It is a procedural law related to the administration of civil proceedings in India.

 It is intended to regulate the procedure to be followed by civil courts.

 It  came into effect on 1 January 1909.

The objective of the CPC is to consolidate and amend the laws related to the procedure of the Courts of Civil Judicature.

‘It was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of civil cases governed under the Act.

 Civil Procedure Code (Amendment) Act, 2016 was enacted Keeping in view the establishment of Commercial Court and the provisions.

 These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.’[1]

It is divided into two parts:

 the first part contains 158 sections and

 the second part contains the First Schedule, which has 51 Orders and Rules.

The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

History of CPC

‘Legislative Council of India, enacted Code of, 1858 to give uniformity to Civil Procedure.

 It received the assent of Governor General on 23 March 1859.

It was not applicable to the Supreme Court in the Presidency towns  and to the Presidency Small Cause Courts.

 It did not meet the challenges. So it was replaced by CPC, 1877.

But still it did not fulfill the requirements of time.  So, in 1882, the Code of Civil Procedure, 1882 was introduced with large amendments.

With passing of time it is felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted.

Though it has been amended number of times it has withstood the test of time.’[2]

[1] https://en.wikipedia.org/wiki/Code

[2] https://en.wikipedia.org/wiki/Code

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