CIVIL PROCEDURE CODE 1908:-
The civil procedure code 1908 is one of the oldest laws in India and its genesis could be traced back to 1859 when there was no uniform codified law relating to the procedure of civil courts in India. In those days the crown courts at Presidency towns and the Provincial courts at mofussils were governed by the different systems of civil procedures by certain rules, regulations and special acts as, applicable to them from time to time.
CIVIL PROCEDURE CODE (Act/VIII of
1859):- For the first time in 1859, a uniform code of civil procedure was
introduced, but it did not serve the purpose since it was not applicable to the
Crown Courts under the Royal Charter and Sadar Diwani Adalats (Principal Courts
under the Judicial Plan by the Governor General). After the passing of the Indian
High Courts Act, of 1861, the Supreme courts and Sadar Adalats were abolished as
in their place High Courts were established in their place at Madras, Bombay, and
Calcutta, and the code of 1859 was made applicable to high courts.
The code of 1859 was amended from
time to time and was replaced with the passing of the Code of Civil Procedure 1877.
The Code of 1877 also was amended in 1878 and 1879. In 1882, the third Code of
Civil Procedure was enacted. The Code of Civil procedure, of 1882 also was amended
several times, and ultimately the present Code of Civil Procedure, 1908 was
passed overshadowing the defects of the Code of 1882.
Meaning and Objects:-The law
relating to the procedure of civil courts is regulated/ governed by the Code of
Civil Procedure, 1908, the word 'Code' literally means, a systematic collection
of statutes, the body of law so arranged as to avoid inconsistency and overlapping. The
main object of the Code of Civil Procedure is to consolidate and amend the law
relating to the procedure of 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 the followed in court
The civil courts having civil
jurisdiction in India, regulated the action in civil courts and the parties
before it to the day of realization of its formity i.e. the execution of the
decree and order
In simple words, the aim of
procedure law is to implement the principles of substantive law. It ensures fair
justice by enforcing the rights and liability of the citizens.
Extent and application:-The Code
of Civil Procedure is passed in 1908 and come into force on 1st January 1909.
The code extent to the whole of India, except the state of Nagaland and tribal
areas; provided that the state government concerned may, by notification in the
official gazette, extend the provision of this code or any of them to the whole
or part of the state of Nagaland or such Tribal areas, as the case may be with
such supplemental, incidental or consequential notifications as may be
specified in the notification.
Scope of the Code:-The code
is exhaustive on the matters specifically dealt with by it. However, it is not
exhaustive on the points not specifically dealt with therein. The legislature
is incapable of contemplating all the possible circumstances which may arise in
future litigation and consequently providing procedures for them. With
regard to those matters, the court has the inherent power to act according to the
principles of justice, equity, and good conscience.
The Code specifically provides
that:- Nothing in this Code shall be deemed to limit or otherwise affect the
inherent power to the court to make such orders as may be necessary for the
ends of justice or to prevent abuse of the process of the courts. The code is
a general law. It does not affect the local or special law in force. In the
event of any conflict between the Code and special law, the special law would
prevail. However, the provision of the Code would prevail if the local or
special law is silent.
0 Comments