Civil Procedure Code

Indian Civil Procedure Code

The law can be broadly classified as –

1.Substantive Law, and
2.Procedural Law.
Civil Procedure Code: Historical
Background
Till 1859, in India, there was no uniform codified law for the procedures to
be followed in Civil Courts. In those old days, under the British rule, there
were Crown Courts in Presidency towns and Provincial Courts in
Mofussils.
• These Courts in Mofussil areas and Presidency towns were governed by
different systems of Civil procedure through various rules,
regulations and special acts and those were changed on time to time
basis on the basis of circumstances and needs.
• For the first time in 1859, a uniform civil procedure Code was
introduced by passing the Civil Procedure Code (Act VII of
1859). But this code could not serve the purpose as this code was not
made applicable to the Supreme Courts (Crown Courts under the Royal
Charter) and the Sadar Diwani Adalats (Principal Courts under the
Judicial Plan by the Governor General).
• In 1861, the Indian High Courts Act was passed
and the Supreme Courts and Sadar Diwani
Adalats were abolished.
• Then the High Courts were established by
replacing the Supreme Courts at Madras, Bombay
and Calcutta. Then the Civil Procedure Code 1859
made applicable to these newly established High
Courts.
• The Code of 1859 was amended regularly from
time to time and was replaced by passing the
Civil Procedure Code, 1877.
• This code of 1877 was amended in 1878 and 1879
and the third civil procedure Code was enacted in
1882, which replaced the previous code.
• The Code of Civil Procedure 1882 was also amended
several times and ultimately the present code of Civil
Procedure, 1908 was passed overshadowing the
defects of the Code of 1882.
Civil Procedure Court: Meaning and
Object
• The Law relating to the practices and procedure to be followed in the
Civil Courts is regulated by the Code of Civil Procedure, 1908. The
word CODE means ‘a systematic collection of statutes, body of laws
so arranged as to avoid inconsistency and overlapping‘.
• The main object of this civil procedure code is to consolidate and
amend the laws relating to the procedure and practices
followed in the Civil Courts in India. As such, it was enshrined in
the preamble of the code that it was enacted to consolidate and
amend the laws relating to the procedure to be followed in the civil
courts having civil jurisdiction in India. The Civil Procedure Code
regulates every action in civil courts and the parties before it
till the execution of the degree and order.
Extent and Application

The Civil Procedure Code was passed in 1908 and came into force
from 1st January 1909. The Code is applicable to the whole country
except –
1.The State of Jammu and Kashmir
2.The state of Nagaland and the tribal areas
• There is also a provision that the concerned state governments
may make the provisions of this code applicable to the whole or
part of the State of Nagaland or such tribal areas by notification in
the official gazette.
• This code is applicable in the scheduled areas of the erstwhile State
of Madras (Lakshadweep), the East Godavari, West Godavari and
Visakhapatnam agencies (Now in Andhra Pradesh State).
Civil Procedure Code: Scheme

• The Code has two parts and they are –

1.The Body of the Code
2. The Schedule
• The Body of the Code has 12 parts containing 158
sections. The Schedule is the second part containing
orders and rules.
• The Body of the Code lays down general principles
relating to Power of the court, and in the case of the
second part, that is, the Schedule provides for the
procedures, methods and manners in which the
jurisdiction of the court may be exercised.
• In fact, there were five schedules when this code was
enacted. Later the Schedules II, III, IV and V were repealed
by the subsequent amendments of the code. The
• The first schedule which is the only schedule to the code now has 51
orders. Each order contains rules that vary in numbers from order to
order. There are eight appendices giving model formats (Forms), such
as –
• Pleadings (Plaint and Written Statement formats)
• Process formats
• Discovery, Inspection and Admission
• Decrees
• Execution
• Supplemental Proceedings
• Appeal, Reference and Reviews
• Miscellaneous
• The various High Courts are empowered to alter or add
any rules in the schedules under Section 122 to 127,
129, 130 and 131 and such new rules should not be
inconsistent with the provisions of the body of the code.
• The Provisions of the Body of the code can be
amended only by the legislature and the Courts can not
alter or amend the body of the code.
Civil Procedure Code: Salient
Features
• It is a territorial law. It extends to whole of India except –
1.The State of Jammu and Kashmir
2.The State of Nagaland and the tribal areas
• It also gives a provision that the concerned state
government may extend the provisions of the Civil
Procedure Code by notifying in the Official Gazette. The
code can be extended to the whole state or any part of
the state using this provision.
• The Civil Procedure Code made the procedure to be followed in the Civil Courts
very simple and effective. Enforcement of rights, liabilities and obligations of the
citizens are dealt by this code. To say, in other words, the Civil Procedure Code
provides the mechanism for enforcement of rights and liabilities.
• The Civil Procedure Code is a general law and will not affect local or special
laws which are already in force. In case of any conflict with local or special laws,
the local or special law will prevail over the Civil Procedure Code. In case, if the
local or special law is silent about any particular issue, then the Civil Procedure
Code will apply.
• The Civil Procedure Code has been amended several times to meet the needs
and requirements which are dynamic and changing from time to time. Between
1909 to 1976, the Code has been amended for more than 30 times.
The Amendments of 1999 and 2002 brought in many changes to the procedure to
be followed.
• Changes brought by Amendments of 1999 and 2002
• Difference between Decree, Judgment and Order
• Jurisdiction & Important Doctrines