The Code of Civil Procedure, 1908 is a
procedural law
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are ...
related to the administration of civil proceedings in
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
.
The Code 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
To give uniformity to
Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
on 23 March 1859. The Code however, was not applicable to the Supreme Court in the
Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. 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.
Amendments
The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of
civil cases
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law r ...
governed under the Act.
Civil Procedure Code (Amendment) Act 2015
Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. 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.
The Code of Civil Procedure, 1908 was further amended in the year 2018
See also
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Courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
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Judiciary of India
The judiciary of India is a system of courts that interpret and apply the law in the India, Republic of India. India uses a Common law, ''common law system'', first introduced by the East India Company, British East India Company and with influe ...
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Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in ...
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Indian Evidence Act
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
Importance
The ...
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Government of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, c ...
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Law enforcement in India
Law of India, Indian law is enforced by a number of Law enforcement agency, agencies. Unlike many federation, federal nations, the constitution of India delegates the maintenance of law and order primarily to the States and union territories ...
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Code of Criminal Procedure, 1973
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
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Administrative divisions of India
The administrative divisions of India are subnational administrative units of India; they are composed of a nested hierarchy of administrative divisions.
Indian states and territories frequently use different local titles for the same level ...
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:Sections of the Indian Penal Code
References
{{reflist
External links
C.P.C (Mobile Friendly)
Civil law in India
Codes of civil procedure
Introduction to Code of Civil Procedure-Complete Analysis