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Overview of India's Civil Procedure Code

The Civil Procedure Code (CPC) was first enacted in India in 1859 to create a uniform system for civil procedures, with significant revisions leading to the current version established in 1908. The CPC is procedural law that regulates court procedures without creating or removing rights, and it applies throughout India, with some exceptions. It consists of 158 sections and a first schedule of 51 orders, emphasizing the relationship between substantive and procedural law in enforcing legal rights and duties.

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14 views2 pages

Overview of India's Civil Procedure Code

The Civil Procedure Code (CPC) was first enacted in India in 1859 to create a uniform system for civil procedures, with significant revisions leading to the current version established in 1908. The CPC is procedural law that regulates court procedures without creating or removing rights, and it applies throughout India, with some exceptions. It consists of 158 sections and a first schedule of 51 orders, emphasizing the relationship between substantive and procedural law in enforcing legal rights and duties.

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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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About Civil procedure Code:

Before 1859, India had different civil procedure systems in various regions. There was no
uniform Code of Civil Procedure. The first uniform Civil Procedure Code (CPC) was enacted in
1859, but it had limitations. The code was not applicable to the Supreme Courts in the
presidency towns and to the presidency Small cause Courts. The code underwent several
amendments and revisions, with new versions enacted in 1876 and 1882, which were also
amended over time.
In 1908, the present code of Civil Procedure was enacted. Though this code worked
satisfactorily, there were some defects in it.

The code of civil Procedure is an adjective or procedural law. It neither creates nor takes away
any right. It is intended to regulate the procedure to be followed by Civil Courts.

Object of the Code: the object of the code is to consolidate and amend the laws relating to the
procedure of Courts of civil judicature. The term consolidation means to collect all the laws
relating to the procedure to be adopted by Civil Courts and to bring it down to date in order that
it may form a useful code applicable to the circumstances existing at the time.

Extent and Applicability:

The code extends to the whole of India except the State of Nagaland and the tribal areas . It
also extends to the Amindivi islands and the East Godavari and Visakhapatnam Agencies in the
State of Andhra Pradesh and the Union Territory of Lakshadweep. By the amendment of 1976,
this code was made applicable to Schedule areas also.

Scheme of the Code:


The Code can be divided into two parts:
a) The body of the code contains 158 sections
b) The first schedule, containing 51 orders , rules and forms.

The substantive part of the Code of Civil procedure code contains 158 , laying down the
general principles of jurisdiction, while the first schedule relates to the procedure and the
method, manner and the mode in which the jurisdiction may be exercised.

Retrospective Operation: The Code of Civil Procedure is retrospective in operation. Because it


is a well settled principle of Interpretation of Statutes that procedural laws are always
retrospective in operation unless there is a good reasons to the contrary.

Substantive laws and Procedural law:


SUBSTANTIVE law determines rights and liabilities of parties, while procedural law prescribes
the practice, procedure and machinery for the enforcement of those rights and liabilities. The
function of substantive law is to define, create or confer substantive legal rights or to impose
and define the nature and extent of legal duties. The procedural law will provide the mechanism
for the enforcement of such legal rights and legal duties.
Procedural law implements the well known maxim ubi jus ibi remedium, the procedural law
which puts life into substantive law by providing a remedy .
The two branches are complementary to each other and interdependent. Therefore it is said that
nothing can be given by a procedural law what is not sought to be given by a substantive law
and nothing can be taken away by the procedural law what is given by the Substantive law.

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