The Code of Civil Procedure, 1908, governs civil case management in India. The Code is divided into two parts. The First Schedule contains 51 orders and rules and 158 sections that form the first part of the Code. These orders and rules govern civil proceedings in India. These sections include laws on jurisdiction.

Aiming to ensure a fair and effective judicial process in civil matters, the Code of Civil Procedure (CPC) is a law that unifies and regulates the procedures followed in Indian civil courts. It specifies how civil cases are initiated, conducted, and decided, covering topics such as jurisdiction, parties, pleadings, evidence, judgments, appeals, and decree execution.

Brief Overview Of Code Of Civil Procedure

The Code of Civil Procedure, 1858, was passed by the Indian Legislative Council on March 23, 1859. The aim of this law was to make civil procedure uniform everywhere. The Governor-General approved it. The Presidency Small Cause Courts and the Supreme Courts in Presidency Towns were not subject to this code. The Code of Civil Procedure, 1877 replaced it as it was unable to cope with the difficulties.

However, it still did not meet the deadline and significant changes were made to it. In 1882, the Code of Civil Procedure was first enacted. Over time, it became clear that it was important to be flexible in order to be timely and effective. The Code of Civil Procedure was adopted in 1908 to address these issues. Despite multiple revisions, it has remained adaptable over time.

What Is Covered Under The Code Of Civil Procedure?

In India, the Civil Procedure Law (CPC) explains how to resolve civil disagreements. This procedural law governs the country's civil litigation process. Since its enactment in 1908, there have been amendments to the Civil Procedure Code.

The Civil Procedure Code addresses a number of topics related to civil litigation. A number of significant topics are covered by the Civil Procedure Code.

• Jurisdiction: The CPC specifies guidelines for the jurisdiction of a civil court. A specific court may hear a specific civil case based on the subject matter and venue.
• Pleadings: The Code teaches how to draft and file legal papers known as pleadings. The pleadings consist of the defendant's written statement and the plaintiff's complaint. The filings, which set forth the parties' factual and legal arguments, form the cornerstone of the case.
• Parties to a lawsuit: The CPC establishes guidelines for parties to civil suits. It addresses issues related to party formation and dissolution.
• Execution of judgments: The Code explains how civil courts enforce their judgments and orders, including the methods of execution.
• Appeals: The CPC explains how to file and hear appeals in civil cases. It also outlines the grounds for filing an appeal, as well as the appellate authority of high courts.
• Injunctions: The Code allows interim and permanent injunctions to direct parties to do or not do something.
• Interim orders: Interim orders are temporary directions that are issued while a case is pending. They are governed by the CPC.
• Transfer of cases: The Code contains rules for transferring certain cases to high courts. High courts can overturn lower court decisions.
• Limitation: The limitation period, as defined by the CPC, is the time limit for filing a civil suit. If the suit is not filed within the allotted time limit, it can be dismissed.
• Additional provisions: The CPC has additional rules about costs, the court's powers to quash cases, and render justice.

Things To Know About The Indian Code Of Civil Procedure

Both substantive law and procedural law can be used to broadly classify law.

Whether it is based on common law or statutory law, substantive law establishes what facts create a duty or responsibility. In other words, substantive law defines concepts about obligations and rights. In contrast, procedural law explains how rights and obligations are to be enforced in the legal process. Procedural law focuses on enforcing the rights and responsibilities established by substantive law.

The Code of Civil Procedure is an important part of procedural law. It governs procedures in civil courts.

Every Indian should be aware of the rules of their country because, as we all know, "ignorance of the law is no defense."

Scope Of The Code Of Civil Procedure

The Code is extensive in other areas, but it is exhaustive in the areas it directly deals with. Those who created the Code could not have predicted or planned for all possible future legal issues. The lawmakers gave the courts the authority to deal with specific situations when the law was inadequate. They did this for reasons of fairness and justice.

Since the Code is a basic law, it effectively does not conflict with any local or special law. If a special law contradicts the Code of Civil Procedure, the special law is more important. If a problem is not resolved by local or general laws, the Code of Civil Procedure will be applied.

Code Scheme For Civil Procedures

The Code is divided into the following two sections:

• Main body of the Code
• The Schedules

Main body of the Code: It is organized into 12 volumes and contains 158 sections. The second part, which includes its rules and directives, is referred to as the schedule. How the court's authority is to be used is described in the schedule. The court's authority is covered in the Code's main body.

When we enacted this Code, there were actually five schedules. Later, when they amended the Code again, they eliminated Schedule II, III, IV and V.

Now there are 51 orders in the first schedule, which is the only schedule of the Code. Each order contains rules, although the exact number varies from order to order.

Eight appendixes provide model formats, including the following:

• Petition (petition and written statement format)
• Procedure format
• Search, inspection and admission
• Order
• Execution
• Supplementary proceedings
• Appeal, reference and review
• Miscellaneous

Sections 122 to 127, 129, 130 and 131 give the High Court power to change regulations. These changes cannot go against the main requirements of the Code.

Only the Legislature has the power to change provisions in the main body of the Code; courts are not allowed to make changes to the main body of the Code.

Salient Features Of The Code Of Civil Procedure

The Code of Civil Procedure applies to the whole of India except Jammu and Kashmir, Nagaland and tribal areas.

Further, the state government can make changes to the Code of Civil Procedure by publishing a notice in the official gazette. This provision can be used to apply the code to any part of the state or the whole state.

The Code of Civil Procedure has made the procedure in civil courts easier and more effective. The enforcement of the rights, responsibilities and obligations of citizens is done under this code. In other words, the Code of Civil Procedure determines how the rights and obligations are to be enforced.

The Code of Civil Procedure is a law that applies everywhere and is more important than local or special laws. In case of disagreement, the local or special laws will take precedence over the Code of Civil Procedure. If there is a specific issue on which the local or special law is silent, the Code of Civil Procedure will take precedence.

The Code of Civil Procedure has undergone considerable changes to meet new needs and demands. There were about thirty amendments to the Code between 1909 and 1976.

The 1999 and 2002 amendments made several modifications to the procedure followed by the people.

Changes Since The Amendments In 1999 And 2002

The main objective of the amendments is to ensure fair and proper justice. They also aim to expedite the resolution of cases and provide quick resolution. As per the amendment :-

• Summons should be sent to the defendant within 30 days from the date of filing the suit.
• Written statement should be submitted within thirty days. The court can provide an additional 90 days to this time limit.
• If the judgment debtor fails to make payment under the payment decree, he can be kept in civil prison.
• If the amount up to Rs 2000 is not received in full, he will not be kept in civil prison.
• In case of attachment while executing the decree, monthly salary up to Rs 1000 and two-thirds of the remaining salary above Rs 1000 will not be attached.
• The changes allowed new and useful methods like mediation and arbitration to resolve disputes. Lok Adalat is a prime example of this.
• The defendant can get money for loss, damage, injury, and reputation caused by arrest or loss of property.
• After the amendments, disputes involving subject matter of less than Rs 1000 will no longer be eligible for appeal.
• If a single judge of the High Court gives a judgment, it cannot be appealed, whether in original or appellate jurisdiction.
• If the suit seeks recovery of an amount up to Rs 25,000, a second appeal cannot be made. No party will be granted more than three adjournments during the trial of any suit.
• The court may wait for up to seven days to give a judgment while hearing witnesses or reviewing evidence.
• The court will pronounce its judgment after the hearing. The court will try to pronounce the judgment within thirty days of the conclusion of the hearing.
• But, if there are unusual circumstances, the court may choose a date between 30 and 60 days after the hearing.

Conclusion
The Code of Civil Procedure (CPC) is an important set of rules in India that governs how civil cases are handled. Starting in 1859, this law has been changed several times. The most recent version of 1908 is still in effect. The CPC deals with civil cases. It dictates where cases are heard, what the parties say and how to enforce decisions. It also covers appeals, orders to be made during the case and other rules and limitations.

The CPC covers many legal situations and can adapt to unforeseen scenarios. As a regional law, it applies to all of India except specific areas. The Code consists of 158 sections and a schedule containing 51 orders. It explains the procedures and the jurisdiction of the court. Improved efficiency, peaceful resolution of problems and speedy resolution of cases in 1999 and 2002.

Local laws are less significant than the CPC, which is a universal law. It has been amended several times to meet new needs. This system ensures that rights and duties are followed, so that justice is fair and speedy. It is important for all Indian citizens to understand the Code of Civil Procedure, as ignorance of the law is no defence.

References:

• https://www.indiacode.nic.in/bitstream/123456789/2191/1/A1908-05.pdf
• https://byjus.com/free-ias-prep/code-of-civil-procedure-cpc/
• https://blog.ipleaders.in/indian-civil-procedure-code/
• https://archive.pib.gov.in/archive/releases98/lyr2002/rjul2002/01072002/r010720022.html
• https://www.lloydlawcollege.edu.in/blog/civil-procedure-code.html
• https://www.lloydlawcollege.edu.in/blog/civil-procedure-code.html
• http://student.manupatra.com/Academic/Abk/Code-of-Civil-Procedure/Chapter2.htm