CIVIL PROCEDURE CODE (CPC)

CIVIL PROCEDURE CODE (CPC)

The Civil Procedure Code (CPC), 1908 is a law which is associated with the administration of civil proceedings in India. The Code is being divided into two parts: the first part consists 158 sections and the second part includes First Schedule, which has 51 Orders and Rules. The sections provides, systematic framework of provisions which are related to general principles
of jurisdiction on the other hand the Orders and Rules suggest procedures and method to govern the civil.
The purpose of this code is to provide uniformity to Civil Procedure, and in accordance to this the Legislative Council of India, passed THE CIVIL PROCEDURE CODE,1858 which has received the approval of Governor-General on March 23 1989.However the code, was not made compulsorily applicable by the Supreme Court in the Presidency Towns and to the
Presidency Small Cause Courts. It did not stand firm on the expectation, therefore it was replaced by Code of Civil Procedure Code in1877. In 1882, the Code of Civil Procedure, 1882 was introduced because the earlier code did not satisfy the requirements of time. As the time pass it felt the requirement of flexibility for its effectiveness and timeliness. Meanwhile
to solve these problems Code of Civil Procedure, 1908 was passed. It has been amended for many times, despite of this it has sustained from the test of time. In the year 2002, The Civil Procedure Code was substantially amended. The main purpose of the Amendment to the code
was to make sure the speedy disposal of civil cases governed under the Act. Keeping in view the provisions and establishment of commercial court thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarifies that the provisions of the Civil Procedure Code as amended by the Act would have an supreme effect over any rules of the High Court or of the
amendments made by the state government who are concerned with it. The Civil Procedure Code 1908, was recently amended in the year 2018.
It is quite evident from its name that it lays down the procedure which need to be endorsed to in civil courts, and its principles may be applicable in other courts, like writ courts. The other party may be aware about the dispute, what defence it can take, and how both the parties may proceed to prove their respective cases. Some provisions of the code are substantive in nature and not procedural at all. The other provisions are generally procedural in nature. The purpose of the Civil Procedure Code, 1908 is to provide a litigant a fair trial in accordance with the accepted principles of natural justice. While the main principles are contained in the Sections, the detailed procedures with regard to the matters dealt by the Sections have been specified in the Orders. Section 122 of the Code empowers the High Court to amend the Rules, i.e., the procedure laid down in the Orders and every High Court had amended the procedure from time to time making the amendment.
The law can be broadly categorised as SUBSTANTIVE LAW and PROCEDURAL LAW.
The Substantive law, is base on a statue law or common law which defines what facts are comprising a fact or liability. In other words the substantive law defines various principles regarding rights and liabilities for example IPC and Indian Contract Act. Whereas the Procedural Law suggest the procedure for the enforcements of those rights and liabilities in
relation to the rules of the substantive law. For reference CRPC. The law governing the procedure to be followed in civil court is controlled by Civil Procedure Code which is one of the important branches of procedural law. The code is comprehensive on the matters dealt by it but it is exhaustive in other issue. Makers of this code could not predict the possible circumstances which will arise in future litigations and could not provide appropriate procedure in such situations according to the principles of natural justice, good conscience and equity.

“Ignorance of the law is not a defense” we all are aware about this phrase which describes that every Indian who is residing in this country should know the law of this nation

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