Even though we are a developing nation and making progress technologically and on human levels with each passing day, we need a code of conduct or law that keeps the society running smoothly. The Code of Civil Procedure, 1908 helps to settle up all the civil disputes in an orderly fashion to maintain the smooth running of the society. So which code of conduct do we follow and what are its features? Here is everything you need to know about the Civil Procedure Code of India.
Historical Background
Before the enactment of the Civil Procedure Code, 1908 there was no uniform law governing the practices to be followed by the civil courts. The Crown Courts and Provincial Courts operated in the Presidential towns and rural areas of India under the British rule. These courts were governed by different civil authorities with different rules and regulations. The laws and rules were also subject to change owing to the different circumstances.
It was only in 1859 when by passing a Civil Procedure Code Act VII of 1859, the Uniform Civil Procedure Code was introduced. The code, however, was not applicable to the Supreme Courts and hence rendered ineffective. In 1861, the Supreme Courts and Sadar Diwani Adalats were abolished and High Courts were established and the Civil Procedure Code, 1859 was made applicable to them
After being amended from time to time the Civil Procedure Code, 1859 was replaced by the Civil Procedure Code, 1877. It was further amended in 1878 and 1879 and the third Civil Procedure Code came into existence in 1882 replacing the old Code. The 1882 Civil Procedure Code too had defects and eventually the finally amended Civil Procedure Code, 1908 was enacted and is followed.
Meaning and Objective
The meaning of the Code is a systematic collection of statutes and body of laws arranged in a manner that they avoid any inconsistency and overlapping. The Civil Procedure Code, 1908 is a uniform law, the civil courts need to follow. It outlines the procedures to be followed by the civil courts in India having civil jurisdiction in India.
The Civil Procedure Code, 1908 is classified into two parts; Substantive law and procedural law.
Scope
The Civil Procedure Code of India, 1908 extends to the whole of the country except for;
- The state of Jammu & Kashmir;
- The State of Nagaland and the tribal areas.
Even though the Code is extensively exhaustive on the matters which are dealt with by it, the formers of the Code could not have seen the situations arising in the future. Due to this, the court has the ultimate powers to treat such situations according to the principles of natural justice, equity and good conscience. It is also important to note that between the local law and Civil Procedure Code, the code prevails however between the Code and Special law, the special law prevails.
Salient Features
The salient features of the CPC can be listed down as follows:-
- The law extends to the whole of India barring two States as mentioned above.
- The Civil Procedure Code has simplified the procedures to be followed by the civil courts making their work more effective.
- The Civil Procedure Code is a general law and thus does not interfere with the local or special laws.
- The substantive part of the Code lays down the general principles relating to the power of the courts, and the second part i.e. the procedural part provides for the procedures, methods and manner in which the jurisdiction of the court may be exercised.
- The Code has been amended over 30 times from 1909 to 1976.
Decree, Judgement, and Order
It is also essential to look at the important definitions related to the Code.
Decree- Section 2 (2) of the Code of Civil Procedure, 1908 defines the term decree. It states that decree is a formal expression of an adjudication. Through a decree, the court conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. A decree could be either preliminary or final.
Judgment- Section 2 (9) of the Code of Civil Procedure, 1908 defines the term judgment. Judgment is the statement given by the judge of the grounds of a decree or order.
Order- Section 2 (14) of the Code of Civil Procedure, 1908 defines the term order. An order “is a formal expression of any decision of civil court which is not a decree.†An order is also a Court’s decision, but the distinctive feature is that in a suit any number of orders can be passed, which means an order cannot always be the final decision.
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