The Code of Civil Procedure (CPC) of 1908 in India is a fundamental piece of law that governs civil litigation procedures. During the British colonial rule in India, the need for a unified and coherent legal framework was felt, which resulted in the emergence of the CPC.
Read this article till the end to know the brief history and development of Code of Civil Procedure 1908, main features, objectives etc. of the Code of Civil Procedure –
What is the history of Code of Civil Procedure
The history of Code of Civil Procedure in India actually begins in 1859, when the first Code of Civil Procedure was passed. Before 1859, the transaction process was in a chaotic condition.
There was no uniform procedure applicable to civil courts. Not only this, different process methods were prevalent in the same area.
For example, in Bengal alone nine different procedural methods were used simultaneously. A need was felt to remove all these personnel. For the first time, Sir Charles Wood directed the Second Law Commission to prepare a simple and uniform code of procedure.
Accordingly, the Commission prepared four drafts related to procedure and law and on their basis the Code of Practice and Procedure was passed in 1859.
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But till now this Code was not applicable on the Supreme Courts of Presidency towns and Presidency Small Causes Courts. Later, many amendments were made in it and in 1862, when the Supreme Court and Sadar Diwani Adalats were abolished, this Code was implemented for the High Courts also.
The Code of Civil Procedure of 1859 had an important contribution in bringing uniformity in the procedure law, yet it was still considered an incomplete code.
According to Hitley Stocks this code was “ill drawn, ill arranged and incomplete” code, Therefore, an attempt was made to modify it again, this time Harington did this work. He prepared a new type which had the following characteristics –
(i) The provisions of the Code of Civil Procedure of 1859 were systematically rearranged,
(ii) Many new provisions were included on the basis of Judicature Acts of England and
(iii) Some provisions were also taken from the New York Civil Code and included in this code.
But as it is said, “Like life law is not static”, this code has also been amended many times. Over time, it took the form of a woman in 1877 and 1882 and finally in 1908 it appeared before us in a refined form.
This code was a complete code in itself and many of the then existing problems related to procedure were solved. Still, it is regrettable that it could not become worthy of praise and from time to time suggestions were made to amend it.
The Law Commission itself, in its 27th, 40th, 45th and 55th reports, recommended making various amendments in the Code of Civil Procedure 1908 and as a result, the Civil Procedure (Amendment) Bill was brought in 1974.
Lok Sabha also gave its consent to this on August 23, 1976. Thus the present Code of Procedure of 1976 is in our hands with radical changes.
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Features of CPC
The revised Code of Civil Procedure has its own characteristics, which are as follows –
(1) The doctrine of Res-Judicata has been made even more effective. Now it has been extended to independent proceedings and execution proceedings also.
(2) The power to transfer cases from one High Court to another, which till now was vested in the State Government, has now been given to the Supreme Court.
(3) The rate of interest in business transactions has been increased for the period after the order. In cases of orders exceeding Rs 10,000, the rate of interest will be the rate agreed upon by the parties and in the absence of such agreed rate, the rate of interest will be as per the rates of nationalized banks.
(4) Now all salaried employees have been provided protection regarding attachment of their salaries. Till now this protection was available only to government employees and employees of Railways and local authorities.
(5) An important change was made in Section 80, which provides for setting up cases against the government. Now, notice under Section 80 will not be necessary for the suits instituted against the government to get quick and immediate relief.
(6) No appeal shall lie against the decree of the Small Causes Courts on cases being cognizable, unless –
(i) The value of the original subject-matter does not exceed Rs. 3,000, or the Code of Civil Procedure, 1908 and the Limitation Act, 1963
(ii) There should not be any question of law involved in it.
(7) A second appeal can be made against an appeal only if the High Court is satisfied that it involves a substantial question of law.
(8) No further appeal can be made against the decision given by a single judge of the High Court in the second appeal.
(9) The period for arresting and detaining a member of a legislature in any criminal proceeding has been increased from 14 to 40 days.
(10) Necessary provisions have been made regarding submission of written statements and documents without any delay.
(11) A new order 16-A has been added regarding the production of detained persons in the court for the purpose of giving evidence.
(12) Now commission can be issued for scientific research, compliance with clerical work and sale of certain movable properties.
(13) Now, an order of adjournment cannot be obtained merely on the basis that a party’s advocate is busy in some other court.
(14) A specific procedure has been provided for in disputes related to family matters under Order 32-A.
(15) Many arrangements have been made in the new code to help poor people.
This list of features of the new code is not final and complete. Apart from these, many other new arrangements have been made in Sahita which are mentioned in the respective chapters.
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Plan and scope of CPC
The Code of Civil Procedure contains both sections and rules. The sections confer substantive rights on the parties and create jurisdiction, whereas the rules of the First Schedule are essentially rules of procedure and prescribe the manner of exercise of jurisdiction.
Thus, Code of Civil Procedure not only includes the sections but also includes the rules of the First Schedule and also includes those rules which have been amended by the High Courts from time to time and these also undergo amendments and changes from time to time. Are staying.
Objectives of CPC
Among the objectives for which the Revised Code of Conduct was created, the following are important –
(i) The case of the disputing parties should be tried according to the principles of natural justice.
(ii) There should be no delay in justice, hence efforts should be made for speedy disposal of cases and proceedings.(ii) The complexity of the process should be removed and made simple, so that even the poor section of the society can be assured of getting justice.
Thus, the main objective of the new code has been to follow the principles of natural justice in judicial proceedings, avoid delays and simplify the process.
According to the Preamble, the main objective of the Code is to consolidate and amend the law related to the procedure of courts having civil jurisdiction.
The purpose of the Code is not to punish anyone or impose penalty on them but to promote justice and achieve the goal of justice.
This is why its provisions should be interpreted in such a way that justice can be done to both the parties. Efforts should be made to avoid technical complications.
Procedural law is meant to implement substantive laws and not to take away or dilute them.
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Reference – Book Civil Procedure Code Fourth Edition (Dr. Radha Raman Gupta)