INTRODUCTION
Dr. Nisha Amol Chavhan
B.A., LL.B., LL.M., NET, Ph.D., PGDHR
Visiting faculty of Law, National law University and Judicial
Academy Guwahati -Assam
nishasara14@[Link], 8421724272
Introduction
The first CPC was enacted in 1859 by the committee headed by Mr.
John Romily but not applied to supreme court in presidency town and
small cause court.
After amendment, code was applied to the whole of British India.
Due to many defects it was amended numbers of time, new code was
enacted in 1877 and then 1882.
Finally Civil Procedure Code was passed in 1908 and came into force
from 1st January 1909.
Object
Consolidate and amend the law relating to the
procedure of the courts of civil judicature.
It is Consolidated code collecting all the laws relating
to the procedure to be adopted by the civil courts.
Ganesh Trading co vs Moti Ram (AIR 1972 SC484)
SC held that ‘hyper-technical view’ should be
avoided by the courts
Extent and Application
The Code is applicable to the whole country except –
❖ The State of Jammu and Kashmir (omitted by Act No.34 of
2019. W.E.F. 31-10-2019)
❖ The state of Nagaland and the Tribal areas.
❖ The word CODE means ‘a systematic collection of
statutes, body of laws so arranged as to avoid
inconsistency and overlapping‘.
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).
Scope
The Code is exhaustive on the matters directly dealt by it but it is
comprehensive in other issues.
The framers of the code could not foresee the possible
circumstances which may arise in the future litigations and could
not provide the procedure for such situations.
Hence the framers of the code (legislature) provided inherent
powers to the court to meet such circumstances (where the code
could not provide a procedure) according to the principles
of natural justice, equity and good conscience
As this Code is a general procedural law, it does not
contradict with the local or special law in force.
In the event of any conflict between the civil procedure
code and the special law, the special law will prevail over
the civil procedure code.
In case the local or general law is silent on any matter,
then the provisions of the civil procedure code will prevail
Scheme
51 orders
The Body of the Code has 12 parts containing 158 sections.
(substantive part- Amended by Parliamnet)
The Schedule is the second part containing 51 orders and
rules.(procedural part- Amended by HC )
Sections and rule must be read together and
harmoniously construed.
If the rule are inconsistent with the sections, latter will
be prevail.
➢ CPC was amended in the year of 1999, 2002, 2016 &
2019.
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.
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 under 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
Why
To enable the courts to deliver impartial and unbiased
justice, the Code of Civil Procedure, 1908 provides
simple and clear procedures to be followed by the
Civil Courts.
In case of no provisions relating to some issue or
matter, the court will not be able to decide efficiently.
Hence the Code of Civil Procedure, 1908 incorporated
the provisions for inherent powers.
When there is no legislation, the court, in the interest
of justice may exercise the discretionary power by
acting beyond the powers conferred on them under
the Code of Civil Procedure.
It is called the Inherent powers of the Court.
The Code of Civil Procedure is one of the important
branches of procedural laws and it is the one
regulating the procedure to be followed by the Civil
Courts in India.
Although it may have some limitations, but it is still
efficient, simple, clear and enables the courts to
deliver impartial justice.