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Unit - 1 CPC

The document provides an overview of the Civil Procedure Code of India including its historical background, meaning and objective, scope, and salient features. It also discusses some key changes brought by amendments in 1999 and 2002.

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Kanishka
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19 views

Unit - 1 CPC

The document provides an overview of the Civil Procedure Code of India including its historical background, meaning and objective, scope, and salient features. It also discusses some key changes brought by amendments in 1999 and 2002.

Uploaded by

Kanishka
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CPC

UNIT1- INTRODUCTORY

SYNOPSIS
 Introduction
 Historical background
 Meaning and objective
 Scope
 Salient features
 Changes brought by Amendments of 1999 and 2002

INTRODUCTION
The law can be broadly classified as –
1. Substantive Law, and
2. Procedural Law
The Substantive Law, whether it is based on statute law or common law, defines
what facts are constituting a fact or liability.To say, in other words, the Substantive
law defines various principles regarding the rights and liabilities. (Example: The
Indian Penal Code, 1860 which describes various offenses punishable under Criminal
acts).
On the contrary, the Procedural law or adjective law, on the other hand, prescribes
the procedure and machinery for the enforcement of those rights and liabilities. To say,
in other words, the procedural law is concerned with enforcement of those rights and
liabilities determined in accordance with the rules of the substantive law. (Example:
The Code of Civil Procedure 1908, The Code of Criminal Procedure, 1973 etc).
The Law regulating the procedure to be followed in civil court is governed by the
Civil Procedure Code and this Civil Procedure Code is one of the most important
branches of the procedural law.

CIVIL PROCEDURE CODE: HISTORICAL BACKGROUND


Till 1859, in India, there was no uniform codified law for the procedures to be
followed in Civil Courts. In those old days, under the British rule, there were Crown
Courts in Presidency towns and Provincial Courts in Mofussils.
These Courts in Mofussil areas and Presidency towns were governed by different
systems of Civil procedure through various rules, regulations and special acts and
those were changed on time-to-time basis on the basis of circumstances and needs.
For the first time in 1859,a uniform civil procedure Code was introduced by passing
the Civil Procedure Code (Act VII of 1859). But this code could not serve the purpose
as this code was not made applicable to the Supreme Courts (Crown Courts under the
Royal Charter) and the Sadar Diwani Adalats (Principal Courts under the Judicial Plan
by the Governor General).
In 1861, the Indian High Courts Act was passed and the Supreme Courts and Sadar
Diwani Adalats were abolished. Then 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.
The Code of Civil Procedure 1882 was also amended several times and ultimately the
present code of Civil Procedure, 1908 was passed overshadowing the defects of the
Code of 1882.

MEANING AND OBJECT


The Law relating to the practices and procedure to be followed in the Civil Courts is
regulated by the Code of Civil Procedure, 1908. The word CODE means ‘a systematic
collection of statutes, body of laws so arranged as to avoid inconsistency and
overlapping‘.
The main object of this civil procedure code is to consolidate and amend the laws
relating to the procedure and practices followed in the Civil Courts in India. As such,
it was enshrined in the preamble of the code that it was enacted to consolidate and
amend the laws relating to the procedure to be followed in the civil courts having civil
jurisdiction in India. The Civil Procedure Code regulates every action in civil courts
and the parties before it till the execution of the degree and order.

CIVIL PROCEDURE CODE: SCOPE


The Code is exhaustive on the matters directly dealt by it but it is comprehensive in
other issues. The framers of the code could not foresee the possible circumstances
which may arise in the future litigations and could not provide the procedure for such
situations. Hence the framers of the code (legislature) provided inherent powers to the
court to meet such circumstances (where the code could not provide a procedure)
according to the principles of natural justice, equity and good conscience.
As this Code is a general procedural law, it does not contradict with the local or
special law in force. In the event of any conflict between the civil procedure code and
the special law, the special law will prevail over the civil procedure code. In case the
local or general law is silent on any matter, then the provisions of the civil procedure
code will prevail.

SALIENT FEATURES
It is a territorial law. It extends to whole of India except –
 The State of Jammu and Kashmir
 The State of Nagaland and the tribal areas
It also gives a provision that the concerned state government may extend the
provisions of the Civil Procedure Code by notifying in the Official Gazette.[10] The
code can be extended to the whole state or any part of the state using this provision.
The Civil Procedure Code made the procedure to be followed in the Civil Courts very
simple and effective. Enforcement of rights, liabilities and obligations of the citizens
are dealt by this code. To say, in other words, the Civil Procedure Code provides the
mechanism for enforcement of rights and liabilities.
The Civil Procedure Code is a general law and will not affect local or special laws
which are already in force. In case of any conflict with local or special laws, the local
or special law will prevail over the Civil Procedure Code. In case, if the local or
special law is silent about any particular issue, then the Civil Procedure Code will
apply.
The Civil Procedure Code has been amended several times to meet the needs and
requirements which are dynamic and changing from time to time. Between 1909 to
1976, the Code has been amended for more than 30 times.

CHANGES BROUGHT BY AMENDMENTS OF 1999 AND 2002


The main object of the amendments is to ensure fair and natural justice and providing
a speedy remedy by eliminating untoward delay in disposal of the cases. According to
the amendment,
 Summons should be delivered to the defendant within 30 days from the date of
filing of the suit.
 The written statement should be filed within 30 days. The court may extend
this period up to 90 days.
 The penalty for non-appearance and default has been increased to Rs.5000/-
 In case of decree for payment, if the judgment debtor does not pay, he can be
detained in civil prison. If the default is for payment up to Rs.2000, he will not
be detained in civil prison.
 In case of attachment while executing a decree, the monthly salary up to
Rs.1000/- and two third of the remaining salary exceeding Rs.1000/- will not
be attached.

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