CODE OF CIVIL PROCEDURE
1. Introduction
The Code of Civil Procedure, 1908 (CPC) is one of the most important procedural laws in
India. It was enacted in the year 1908 and came into force on 1st January 1909. The CPC
provides the rules and framework that govern the functioning of civil courts in India.
It lays down the procedure that must be followed in civil disputes, beginning from the
institution of a suit, continuing through trial and judgment, and extending up to the execution
of decrees and orders. Thus, the CPC ensures that civil justice is administered in an orderly,
systematic, and uniform manner.
Originally, the CPC extended to the whole of India except certain excluded regions such as
Jammu & Kashmir, Nagaland, and tribal areas. However, after the Jammu and Kashmir
Reorganisation Act, 2019, the CPC has now been made applicable to J&K as well.
The Code is regarded as a consolidated procedural law, meaning that it brings together all
rules relating to civil court procedure in one comprehensive legislation.
2. Scheme of the Code
The structure of the CPC is vast and detailed. It consists of:
• 158 Sections
• 51 Orders
• More than 620 Rules
• 12 Parts
• 8 Appendices (Forms and formats)
This systematic arrangement ensures that every stage of civil litigation is covered clearly.
3. Historical Background of Civil Procedure Code
Before the enactment of the CPC, India did not have a uniform procedural law for civil
courts.
(a) Position before 1859
Till 1859, there was no single codified law governing civil procedure. During British rule,
different courts followed different procedural systems:
• Crown Courts existed in Presidency towns like Calcutta, Bombay, and Madras.
• Provincial Courts operated in the Mofussil (interior) areas.
These courts were governed by different rules, regulations, and special Acts, which created
inconsistency and confusion. Procedure often depended on local needs and circumstances
rather than uniform principles.
(b) First Uniform Code (1859)
For the first time, a uniform Civil Procedure Code was introduced in 1859 through Act VII
of 1859. However, this Code had a major limitation: it was not applicable to the Supreme
Courts in Presidency towns. Therefore, uniformity could not be fully achieved.
(c) Indian High Courts Act, 1861
In 1861, the Indian High Courts Act was passed. This Act abolished:
• Supreme Courts
• Sadar Diwani Adalats
In their place, High Courts were established in the Presidency towns. After this change, the
CPC of 1859 was extended to these newly created High Courts.
(d) Subsequent Codes (1877, 1882)
The CPC of 1859 was amended repeatedly and later replaced by:
• Civil Procedure Code, 1877
• Amendments in 1878 and 1879
• Civil Procedure Code, 1882
The Code of 1882 was more comprehensive but still contained defects and practical
difficulties.
(e) Present Code (1908)
Finally, to overcome the shortcomings of the 1882 Code, the present Code of Civil
Procedure, 1908 was enacted. It remains the governing procedural law for civil courts in
India today, with several amendments over time.
4. Meaning and Object of CPC
The CPC is the law that regulates the practice and procedure of civil courts. The term
“Code” means:
A systematic and organized collection of laws arranged to avoid inconsistency, confusion,
and overlapping.
The CPC does not deal with substantive rights directly but provides the method through
which rights and liabilities are enforced.
Main Object
The main purpose of the CPC is:
• To consolidate and amend laws relating to civil court procedure
• To ensure uniformity in civil judicial administration
• To provide a fair, effective, and orderly mechanism for civil justice
Thus, the CPC governs every civil action from filing of suit till enforcement of judgment.
5. Scheme and Structure of CPC
The Code has two main parts:
(a) Body of the Code
The Body contains:
• 12 Parts
• 158 Sections
These sections lay down general principles such as:
• Jurisdiction of courts
• Powers of courts
• Res judicata
• Place of suing
• Appeals, revisions, reviews
(b) Schedule (First Schedule)
The Schedule contains:
• 51 Orders
• Detailed Rules under each Order
The Orders provide procedural details such as:
• Pleadings
• Summons
• Discovery
• Trial
• Judgment
• Execution
• Appeals
Thus, while Sections provide general principles, Orders and Rules provide the practical
procedure for implementing them.
6. Salient Features of CPC
The CPC has several notable features:
(a) Territorial Application
The CPC is a territorial law and applies throughout India, except:
• Nagaland
• Certain tribal areas
It also empowers State Governments to extend its provisions to excluded regions by
notification in the Official Gazette.
(b) Single Schedule Today
Originally, the CPC had five schedules, but later:
• Schedules II to V were repealed
• Only the First Schedule remains today
(c) Appendices and Model Forms
The CPC contains 8 Appendices, providing model formats for:
• Plaint and Written Statements
• Court processes and summons
• Discovery and inspection
• Decrees and execution
• Appeals and reviews
• Miscellaneous applications
These forms make civil procedure simpler and standardized.
(d) Simplification of Civil Justice
The CPC provides a clear mechanism for enforcement of:
• Rights
• Duties
• Obligations
• Liabilities
It ensures civil disputes are resolved through a fair judicial process.
(e) CPC as General Law
The CPC is a general procedural law. It does not override special or local laws. Therefore:
• If a special law exists, it prevails over CPC
• If special law is silent, CPC applies
This ensures harmony between general and special legislation.
(f) Dynamic Nature and Amendments
The CPC has been amended many times to meet changing needs. Between 1909 and 1976, it
was amended over 30 times, and further amendments continue even today.
Conclusion
The Code of Civil Procedure, 1908 is the backbone of civil litigation in India. It provides a
uniform and systematic procedure for civil courts, ensuring justice is delivered efficiently,
fairly, and consistently. While it does not create substantive rights, it provides the essential
machinery through which rights are enforced and disputes are resolved.