Code of Civil Procedure [CPC]

By : Neha Dhyani

Updated : Jun 2, 2022, 5:48

The Code of Civil Procedure [CPC] 1908 is procedural or adjective law. This law is concerned with administering civil proceedings in the country. It deals with the enforcement of the liabilities and rights determined as per the regulations of the substantive law.

The Code of Civil Procedure [CPC] determines the Law that regulates the process to be followed in civil court. It is among the most important sections of procedural law.

Let's know more about this law.

What Is the Code of Civil Procedure [CPC]?

The Code of Civil Procedure [CPC], 1908, also known as the Civil Procedure Code or CPC, is the law that regulates the procedures and practices to be followed in the Civil Courts. The term CODE refers to a methodical collection of statutes arranged in such a way as to prevent overlapping or inconsistency.

The Code of Civil Procedure [CPC] has two parts. The first part comprises 158 sections. The second part consists of the First Schedule. This schedule includes 51 Orders and Rules. The first part specifies provisions concerned with the general principles of jurisdiction. The second part recommends methods and procedures that govern civil proceedings in the country.

Aim of the Code of Civil Procedure [CPC]

The Code of Civil Procedure [CPC] aims to define, amend, and consolidate the laws related to the practices and procedures followed in the country's Civil Courts. The Code is there to facilitate justice by enforcing the rights and liabilities.

Scope of the Code of Civil Procedure [CPC]

The Code of Civil Procedure [CPC] is exhaustive as far as it concerns the matters under its direct jurisdiction. But the code is comprehensive about other issues. The framers who framed the code didn't know the probable circumstances that may crop up in future litigations. As such, they couldn't decide upon the procedures for such situations. So, the framers provided the courts with inherent powers to address such situations as per the principles of equity, natural justice, and good conscience.

The Code of Civil Procedure [CPC] is a normal procedural law. It does not contradict any special law or local law in force. If any conflict arises between the special law and the code, the special law will prevail. If the local law has no say on any matter, then the code will prevail.

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Salient Features of the Code of Civil Procedure [CPC]

  • The code contains procedures to be implemented by Civil Courts.
  • The code provides the means to enforce rights and liabilities.
  • The code does not impact local or special laws.
  • The code has been amended many times to meet the changing requirements.
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History of the Code of Civil Procedure [CPC]

The Code of Civil Procedure [CPC] is an enactment from the pre-independence era. It was first enacted in 1859 to provide uniformity to Civil Procedure. The Legislative Council of India enacted it as Act No.8 of 1859. It underwent several amendments from 1860 to 1882. The code was re-enacted in 1908, after which it came into effect.

The Code of Civil Procedure [CPC] has undergone several amendments. But it has stood the test of time. It provides simple and efficient procedures for the Civil Courts to follow. The Code aids the Courts to deliver unbiased justice.

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FAQs on Code of Civil Procedure [CPC]

Q.1. From Which Date Did the Code of Civil Procedure [CPC] Come Into Force?

The Code of Civil Procedure [CPC] came into force on 1 January 1909.

Q.2. Is the Code of Civil Procedure [CPC] Applicable to the Whole of India?

The Code of Civil Procedure [CPC] applies to India except in some parts, such as the jurisdiction covered by the United Khasi-Jaintia Hills Autonomous District.

Q.3. When Was the Code of Civil Procedure [CPC] Last Amended?

The Code of Civil Procedure [CPC] was last amended on 20 October 2020.

Q.4. What Is the Time Frame to File a Written Statement as per the Code of Civil Procedure [CPC]?

As per the Code of Civil Procedure [CPC], the time frame to file a written statement is limited to 90 days.