Code of Civil Procedure (CPC)

The Code of Civil Procedure 1908 is a law that brings together and changes the rules of civil courts. The Ministry of Law and Justice in the government of India oversees this code. It was made into law on March 21, 1908, when the Imperial Legislative Council canceled the Civil Procedure Code of 1882.

In this article, we will look into the reasons for having this code, how it is set up, its different parts, and any changes made to it over time.

Code of Civil Procedure

Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 (CPC) is a comprehensive legal document designed to facilitate the adjudication of civil disputes in India. It establishes the framework for the conduct of civil trials and appeals, including the procedures for filing cases, serving summons, conducting trials, and enforcing judgments. The CPC aims to ensure justice is delivered efficiently and effectively, providing both substantive and procedural rules for courts to follow. It is divided into two parts: the body of the Act, which outlines the general principles of jurisdiction, and the Rules, detailing the specific procedures to be followed.

What is the Code of Civil Procedure?

The Code of Civil Procedure, 1908, serves as a set of rules for managing civil proceedings in India. It acts to revise and consolidate the laws guiding the Courts of Civil Judicature operations. The Code of Civil Procedure 1908 originated from the recommendations of the Twenty-seventh Report of the Law Commission of India.

Historical Background of the Code of Civil Procedure 1908

Before 1859, no unified legislation governed civil courts in India. Various systems of civil procedure were in place in provincial and crown courts, each with its specific rules. The Civil Procedure Code (Act/VIII of 1859) was introduced as the first standard code but lacked effectiveness, especially in top courts and Sadar Diwani Adalat.

Following the Indian High Courts Act of 1861, the Supreme Court and Sadar Adalat were replaced by High Courts in Madras, Bombay, and Calcutta, where the 1859 code was applied. The Code of Civil Procedure 1877 succeeded the 1859 code and underwent amendments in 1878 and 1879. In 1882, the third Code of Civil Procedure was adopted with multiple amendments, eventually being replaced by the current Code of Civil Procedure in 1908, addressing the shortcomings of the previous code.

Purpose of Code of Civil Procedure (1908)

Procedural law ensures the implementation of substantive law, guaranteeing justice by enforcing rights and obligations. The Code of Civil Procedure, 1908, regulates practices and procedures in Civil Courts, offering a systematic collection of statutes to prevent inconsistencies. The primary goal of this civil procedure code is to codify and reform the laws governing practices and procedures in Indian civil courts.

The code’s preamble declares its enactment to codify and revise the laws guiding civil court procedures in India. The Civil Procedure Code oversees all proceedings and the involved parties in civil courts until the execution of the decree or order.

Important CPC Terms Explained

Judgment:

According to Section 2(9) of the Code of Civil Procedure, 1908, a judgment is a detailed document containing facts, issues, evidence presented by parties, and the court’s findings. It includes a summary of pleadings, issues, findings, legal reasoning (ratio decidendi), and the court’s final decision.

Decree:

Section 2(2) of the Code of Civil Procedure, 1908 defines a decree as a legal decision based on a judgment. It can be final, preliminary, or a combination of both.

Execution:

Though not explicitly defined, “execution” in the Code of Civil Procedure 1908 refers to carrying out or giving effect to a court order or judgment.

Appeals:

The Code does not provide a specific definition for “appeal.” Black’s Law Dictionary explains it as a complaint to a higher court to correct an injustice or error by a lower court. Sections 96 and 100 of the Code grant the right to file appeals against judgments and decrees.

Review:

The process is outlined in Order XLVII of the Code. Section 114 sets the conditions for applying for a review examining the decree or order being challenged. It includes reasons and procedural regulations for the review.

Revision:

Defined in Section 115 of the Code, revision involves carefully and thoroughly going through a decision. The High Court has revisional jurisdiction to review lower court decisions, ensuring justice and fairness.

Civil Suit:

In proceedings governed by the Civil Procedure Code (CPC), a civil suit initiates the legal process in a civil court. The person starting the suit is the Plaintiff, and the one against whom the action is directed is the Defendant. The formal written claim, called a “plaint,” initiates the action, and the response is termed a “Written Statement.”

History of Amendments related to the Code of Civil Procedure (1908)

The Code of Civil Procedure has seen numerous amendments. From 1909 to 1976, it underwent over 30 amendments. Notable amendments occurred in 1999 and 2002 through the Court of Civil Procedure (Amendment) Act 1999 and the Code of Civil Procedure (Amendment) Act 2002.

Provisions of Code of Civil Procedure (1908)

Here are the key provisions of CPC 1908 outlined:

Sections 01-08: Preliminary (basic definitions).

Sections 09-35B: Part I – Deals with suits in general and forms the foundation.

Sections 36-74: Part II – Contains provisions related to execution.

Sections 75-78: Part III – Covers incidental proceedings, power of court to issue summons, and letters of request.

Sections 79-88: Part IV – Focuses on suits in particular cases.

Sections 89-93: Part V – Addresses special proceedings.

Sections 96-112: Part VII – Appeals (contains important procedural details).

Sections 113-115: Part VIII – Reference, review, and revision.

Sections 121-131: Part X – Rules (high court’s power to make rules).

Sections 132-158: Part XI – Miscellaneous provisions like inherent powers of the high court, general powers of the court, etc.

Structure, Sections, and Schedules of Code of Civil Procedure (1908)

The Code of Civil Procedure, adopted in 1908 and effective from January 1, 1909, is applicable throughout India, excluding Nagaland and tribal areas. However, the state government may extend its provisions to these areas as needed.

Scope:

The Code emphasises:

• No limitations on the court’s inherent authority for justice or preventing misuse of the legal system.
• It’s a general law, not affecting existing municipal or special laws. Special laws take precedence unless silent, then the Code applies.

Scheme of the Code:

The Code has two parts:

The Body:

Consisting of 158 sections, divided into 12 parts, laying down principles related to court powers.

The Schedule:

Contains rules and orders, providing the procedure for exercising court jurisdiction.

Schedules of The Code of Civil Procedure 1908:

Originally five schedules, subsequent amendments replaced II, III, IV, and V. The first schedule includes 51 orders, each with rules varying in number. Eight appendices at the end relate to Forms/Model Formats.

• Pleading (plaint and written statement)
• Process
• Discovery, Inspection, and Admission
• Decree
• Execution
• Supplemental proceedings
• Appeal, Reference, and Review
• Miscellaneous

Limitations and Shortcomings of the Code of Civil Procedure (1908)

The Code has certain limitations that need attention:

It doesn’t clarify whether dismissal for default under Section 2(2) is related to the default of appearance or any other kind of default.

Section 211 of the Code of Civil Procedure 1908 is not addressed, leaving a gap in the coverage of certain provisions.

The 1999 amendment faced objections from lawyers due to the 30-day response time for defendants.

There’s no provision for a second appeal when the subject matter of the suit involves the recovery of money not exceeding Rs.25,000.

Conclusion

In conclusion, the Code of Civil Procedure of 1908 is vital in the Indian judicial system, providing clear and fundamental procedures for delivering impartial justice. It stands as a cornerstone in civil law, guiding the practices of Indian civil courts with transparency and fairness.

Frequently Asked Questions

Who is the writer of the Code of Civil Procedure?

The current Code of Civil Procedure, established in 1908, was crafted by a committee led by Sir Earle Richards.

What is the Purpose of the Code of Civil Procedure?

The Code of Civil Procedure governs all actions in civil courts and the involved parties until the execution of the decree and order. Its purpose is to apply the principles of substantive law through procedural regulations.

How many rules does CPC have?

The Code is structured into two parts: the first, comprising 158 sections, and the second, housing the First Schedule with 51 Orders and Rules.

Is Section 80 of CPC obligatory?

No, Section 80 of the Code of Civil Procedure is not mandatory. As per this section, the petitioner must issue a legal notice at least two months before filing a lawsuit against the government or a public official.

What does Section 151 of the Civil Procedure Code entail?

Section 151 of the Civil Procedure Code (CPC) allows civil courts to utilise their inherent jurisdiction to uphold justice and prevent the misuse of the legal system.