Code of Civil Procedure (India)
| Civil Procedure Code, 1908 | |
|---|---|
 | |
| Imperial Legislative Council (India) | |
| |
| Citation | Act No. 05 of 1908 |
| Enacted by | Imperial Legislative Council (India) |
| Enacted | 21 March 1908 |
| Commenced | 1 January 1909 |
| Repeals | |
| 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.
Division of Civil Procedure Code:
Civil procedure Code is Divided into two parts –
(1) Sections
(2) Orders and Rules mentioned in first schedule.
Sections
There are total 158 sections under Civil Procedure Code Sections are the main provisions but these are not elaborated, so details of those are given in various rules.
Orders
There are total 51 Orders in Civil Procedure Code. The order are the compilation of various rules. The rules are the elaboration of the proceedings. Rules converted into various chapter and these chapters are called orders.
- Sections under C.P.C., can be amended by the Parliament and by the State Legislatures but State Legislature can amend only as per the provisions of Article 254 of Indian constitution.
Rules can be amended by the Parliament, State Legislature and even by the High courts.
- C.P.C. comes under Entry Number 13, List 3 , of 7th Schedule of the Indian Constitution. List 3 is a Concurrent list, in which Parliament and State Legislature can make law to that topic which is mention in this list.
Complete Introduction to CPC - [1]
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, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill 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 it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of times it has withstood the test of time.[1]
Amendment
The Code of Civil Procedure was 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]
Civil Procedure Code (Amendment) Act 2015
Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code 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]
The Code of Civil Procedure, 1908 was further amended in the year 2018
See also
References
- ^ "Law Commission 27th Report" (PDF). Archived (PDF) from the original on 17 August 2013. Retrieved 1 April 2014.
- ^ "The Code of Civil Procedure (Amendment) Act, 2002" (PDF). Archived from the original (PDF) on 28 January 2018.
- ^ "Commercial Courts Act, 2015 contd.: Important changes in provisions of CPC | Indialaw Blog". Indialaw Blog. 22 January 2016. Archived from the original on 2 September 2018. Retrieved 3 September 2018.