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History, Meaning and Concept: Civil Procedure Code-I

Civil Procedure Code-1908 is the main law governing civil procedure in India. [1] It was enacted in 1908 to consolidate and amend existing laws relating to civil procedure and establish uniformity. [2] The code has been amended several times, including major amendments in 1976 and 1999. [3] It regulates civil procedure and litigation in civil courts. The code is divided into substantive and procedural parts. [1] The substantive part contains provisions relating to jurisdiction of courts while the procedural part contains provisions relating orders, rules, and processes for enforcing substantive rights and liabilities. [2] Substantive law defines rights and liabilities while procedural law prescribes the mechanism for enforcing them. [3] Together, the

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896 views

History, Meaning and Concept: Civil Procedure Code-I

Civil Procedure Code-1908 is the main law governing civil procedure in India. [1] It was enacted in 1908 to consolidate and amend existing laws relating to civil procedure and establish uniformity. [2] The code has been amended several times, including major amendments in 1976 and 1999. [3] It regulates civil procedure and litigation in civil courts. The code is divided into substantive and procedural parts. [1] The substantive part contains provisions relating to jurisdiction of courts while the procedural part contains provisions relating orders, rules, and processes for enforcing substantive rights and liabilities. [2] Substantive law defines rights and liabilities while procedural law prescribes the mechanism for enforcing them. [3] Together, the

Uploaded by

Ayush Kumar Singh
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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History, Meaning and Concept

Civil Procedure Code-I


Synopsis
• Civil Procedure Code-1908 (Introduction)
• History of Civil Procedure Code-1908
• C.P.C., Divided in 2 parts
• What is law and justice ?
• Substantive law & Procedural law
Civil Procedure Code-1908 (Introduction)
• The object of the code is to consolidate and amend the laws
relating to the procedure of the civil courts.
• Enactment– 21 March 1908, Commenced- 1 Jan. 1909
Extent to whole India except J&K, Nagaland and Tribal Area
(Sec. 1)
• Subject matter of Concurrent list (III), Para No.13 (CPC,
Limitation, Arbitration)
• Mahadeo Prasad Singh & Anr. v. Ram Lochan & Ors
1981 SCR (1) 732- Not having retrospective effect
• Not exhaustive nature in all civil matters, but exhaustive
regarding provisions of the Code.
• Other specific civil wrongs- Property Disputes, Contract
Disputes, Tort case, etc. dealt by specific laws.
History of Civil Procedure Code-1908
• Customs & Traditions (No Uniformity in civil law in India)
• There were Crown Courts in Presidency towns and Provincial Courts
in Mofussils. various rules, regulations and special acts, changed time
to time on the basis of circumstances and needs.
• The Supreme Court, Calcutta (1774) Regulating Act 1773
• To give uniformity to Civil Procedure, Legislative Council of India,
headed by Sir Charls wood, Enacted  1st Code of Civil Procedure,
1858, assented by Governor-General on 23 March 1859.
• Code was not made applicable to the Supreme Courts at presidency
towns
• The Indian High Courts Act, 1861 The High Courts were established
by replacing the Supreme Courts at Madras, Bombay and Calcutta.
Then the Civil Procedure Code 1859 made applicable to these newly
established High Courts.
• Amended regularly and replaced by the 2nd Civil Procedure Code,
1877
• amended in 1878 and 1879 and replaced by the 3rd civil procedure
Code was enacted in 1882
• The Code 1882,not served the purpose, overshadowing the defects the
new code 1908 enacted.
• Repealed by 4th Civil Procedure Code-1908, law commission headed
by Sir Earl Richard.
• The Federal Court of India1937, the  Government of India Act 1935
• The Supreme Court of India-28 Jan. 1950
• The Civil Procedure Code regulates every action in civil courts and
the parties before it till the execution of the degree and order.
• Though it has been amended number of times
• 2 Major Amendment in 1976, 1999 (commenced on 1 July 2002)
• further amended in the year 2018.
C.P.C., Divided in 2 parts
.158 Sections and 11 parts .51 Orders with rules
.Substantive part of the .Procedure of civil
procedure and Jurisdiction of proceedings, to enforce
the courts Substantive part of the
procedure
.Can be amended by . Can be amended by
Parliament and state Parliament , state legislature
legislature because of it and High court (to regulate
substance. the procedure in its
jurisdiction)

Addition- Appendices (A to I) 9 model format of


Pleadings, … Decree…. Statement of truth.
What is law and justice ?
• Sources of Law (Jurisprudence)- Custom, Legislation, Stare decisis (judicial
precedent Art.141 & 127 of Constitution of India) binding on subordinate courts
where similar/identical questions of law are raised before the court (Ratio decidendi-
reason behind judgment).
• Law is the command of sovereign (Analytical School) (Law it is) (codified) (sanction)
• Law is volksgeist (Historical School) (Law ought to be) (spirit of people) (demand of the
people)
• Article 13(3)(a) includes Ordinance, Order, bye-law, rule, regulation, custom/usages
having force of law (practice where lack of law)
• Aim of law- justice, Equality (satisfaction)
the principle that people receive which they deserve
justice-  just, fair and reasonable -enforcement of what the law perceives to be right,
equitable, the recognition and implementation of laws made by legislatures. Art.142-
complete justice.
• Rule of law- Restriction on arbitrary exercise of power, Procedure established by law
(rule by law),
• Ignorantia juris non excusat- (Ignorance of law is not a defense, S.76)
Substantive law & Procedural law
Substantive law
• Defines various principles regarding the rights and liabilities
• Based on statutory law or common law
• Defines what facts are constituting a fact or liability
• (Ex.: The I.P.C., 1860, which describes various offenses)
• 158 sections in the Substantive part of the Code

Procedural law
• Prescribes the procedure and machinery for the enforcement of rights
and liabilities.
• procedural law is concerned with enforcement of those rights and
liabilities determined in accordance with the rules of the substantive law.
• (Ex.: The C.P.C. 1908, The Cr.P.C., 1973 ..).
• 51 Orders with Rules Procedural part of the Code.
Thank you

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