Code of Civil Procedure (India)

Civil Procedure Code, 1908

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the

Courts of Civil Judicature
Citation Act No. 5 of 1908
Enacted by Imperial Legislative Council (India)
Date enacted 21st march 1908
Date commenced 1 January 1909
Repealing legislation
Civil Procedure Code, 1882

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

History

To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, not applicable to Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. But it did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfil the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it stood the test of time. [1]

Amendment

The Code of Civil Procedure has been substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of Civil cases governed under the Act. [2]

CPC (Amendment)Act 2015

keeping in view the establishment of Commercial Court and the provisions thereof, CPC (Amendment)Act,2016 has been enacted to amend certain provisions of the CPC. These provisions are applicable to Commercial disputes of specified value. The act clarifies that the provisions of the CPC as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the State Government concerned.[3]

See also

References

  1. ↑ "Law Commission 27th Report" (PDF). Retrieved 1 April 2014.
  2. ↑ "The Code of Civil Procedure (Amendment) Act, 2002" (PDF).
  3. ↑ "Commercial Courts Act, 2015 contd. : Important changes in provisions of CPC | Indialaw Blog". Indialaw Blog. 22 January 2016. Retrieved 3 September 2018.
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