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Introduction CPC

The document provides an overview of the Code of Civil Procedure (CPC) 1908, highlighting its historical context, objectives, and territorial extent in India. It outlines the distinction between substantive and procedural laws, emphasizing that substantive laws affect rights and obligations while procedural laws facilitate their enforcement. The CPC consists of 158 sections and 51 orders, which must be interpreted harmoniously, with procedural laws being interpreted more liberally than substantive laws.

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Saumya Kumari
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7 views1 page

Introduction CPC

The document provides an overview of the Code of Civil Procedure (CPC) 1908, highlighting its historical context, objectives, and territorial extent in India. It outlines the distinction between substantive and procedural laws, emphasizing that substantive laws affect rights and obligations while procedural laws facilitate their enforcement. The CPC consists of 158 sections and 51 orders, which must be interpreted harmoniously, with procedural laws being interpreted more liberally than substantive laws.

Uploaded by

Saumya Kumari
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

SYNOPSIS: INTRODUCTION TO CIVIL PROCEDURE CODE

History of Code of Civil Procedure, 1908:

Prior to 1859, different procedure in different regions. CPC 1908 – major amendments - 1976, 1999 and
2002.

Object of Code of Civil Procedure, 1908:

Preamble: to consolidate and amend laws relating to procedure of courts of civil judicature.

Extent of Code of Civil Procedure, 1908:

It extends to territory of India except States of Jammu & Kashmir, Nagaland, tribal areas.

CPC can be excluded by special local laws and revenue courts - Sections 4, 5.

Interpretation of Code of Civil Procedure, 1908:

Liberal, harmonious with the substantive laws, not too technical or too strict.

Purpose of CPC to enforce substantive laws, not to defeat the substantive laws.

CPC - 158 Sections (amendable by Legislature only) and 51 Orders (amendable by High Courts).
Sections and Rules under the Orders are to be interpreted harmoniously. If Rules are found to be
inconsistent with the provisions of Section, the latter prevails.

Difference between Substantive Laws and Procedural Laws:

i. Substantive laws determines/affects vested rights or obligations of person. Procedural laws


provide machinery for enforcement of those vested rights/obligations.
ii. Substantive laws create/take away vested rights/obligations. Procedural laws do not create/take
away any vested rights/obligations.
iii. Substantive laws are to be interpreted strictly; Procedural laws are interpreted liberally and
harmoniously with substantive laws.
iv. Substantive laws cannot be retrospective unless expressly provided as they affect vested
rights/obligations; Procedural laws may be retrospective and apply to proceedings already
commenced.
v. Substantive Laws: Constitution, Contract Act, Transfer of Property Act, Indian Penal Code;
Procedural Laws: Code of Civil Procedure, Code of Criminal Procedure, Indian Evidence Act,
Limitation Act.

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