Civil Procedure Code – An Overview

Introduction

In India, the Code of Civil Procedure, 1908 guides the management of civil cases. The Code is split into two parts. The First Schedule has 51 Orders and Rules and the 158 sections that make up the First Part of the Code. The Orders and Rules control civil proceedings in India. The sections contain laws on jurisdiction.

Civil Procedure Code History: Brief Overview

On March 23, 1859, the Legislative Council of India passed the Code of Civil Procedure, 1858. The law aimed to make the Civil Procedure the same everywhere. The Governor-General approved it. The Presidency Small Cause Courts and the Supreme Court in the Presidency Towns were not subject to the Code. The Code of Civil Procedure Code, 1877 took its place as it was unable to satisfy the difficulties. However, it still did not meet the deadline, and significant changes were made. The Code of Civil Procedure, 1882 was first adopted in 1882. Over time, it became clear that being flexible was important for being on time and effective. The Code of Civil Procedure was adopted in 1908 in order to address these issues. Despite several revisions, it has remained resilient throughout time.

What comes under Civil Procedure code?

In India, the Civil Procedure law (CPC) explains how to settle civil disagreements. This procedural legislation governs the country's civil litigation procedure. Since its enactment in 1908, the Civil Procedure Code has undergone modifications.

The Civil Procedure Code addresses many civil litigation-related topics. The Civil Procedure Code covers several important components.

• Jurisdiction: The CPC specifies the guidelines for civil court jurisdiction. A specific court can hear a specific civil case, based on the subject matter and location.
• The Code explains how to prepare and submit legal documents called pleadings. Pleadings include the defendant's written statement and the plaintiff's complaint. The foundation of the case is the pleadings, which outline the parties' factual and legal arguments.
• Parties to the Suit: The CPC establishes guidelines for parties to civil lawsuits. It deals with problems about parties' joining and disassociate.
• The Code explains how civil courts carry out their rulings and decrees, including execution methods.
• The CPC describes how to file and hear appeals in civil cases. It outlines the grounds for filing an appeal as well as the appellate authority of higher courts.
• The Code allows for interim and permanent injunctions to make parties do or stop doing things.
• Interlocutory orders are temporary directives issued while a case is pending. They are governed by the CPC.
• The Code includes rules for sending certain matters to higher courts. Higher courts can change rulings from lower courts.
• Limitation: The term of limitation, which is defined by the CPC, is the deadline for filing civil lawsuits. A lawsuit may be dismissed for failure to be filed within the allotted time limit.
• The CPC has extra rules about costs, ending cases, and court powers for justice.

Things to Know About Indian Civil Procedure Code

Both substantive law and procedural law can be used to broadly categorize the law.

Whether it is grounded in common law or statute law, substantive law establishes what facts make up a fact or a responsibility. In other words, the substantive law defines concepts about obligations and rights. In contrast, the procedural law explains how to enforce rights and obligations in a legal process. Procedural law focuses on enforcing rights and responsibilities established by substantive law.

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

Every Indian should be aware of the rules of our country since, as we are all aware, "Ignorance of the law is not a defense."

Civil Procedure Code: Scope

The Code is broad in other areas but thorough in those it deals with directly. The people who made the code couldn't predict all possible future legal issues or plan for them. The lawmakers granted the court authority to handle specific situations when the law was insufficient. They did this because of fairness and justice.

Because this Code is a basic law, it doesn't conflict with any local or special laws in effect. If a special law contradicts the civil procedure code, the special law is more important. If a problem is not addressed by local or general laws, the civil procedure code will be applied.

Civil Procedure Code: Scheme

The two sections of the Code are as follows:

• The Body of the Code
• The Schedule

The Body of the Code: There are 158 sections divided into 12 segments. They call the second section with its commands and regulations the Schedule. The Schedule explains how the court's jurisdiction is used. The body of the code discusses the court's power.

When we implemented this code, there were actually five schedules. Later, when they amended the code again, they eliminated Schedules II, III, IV, and V.

There are now 51 orders on the first schedule, which is the sole schedule for the code. Every order has rules in it, albeit the exact number varies from order to order. Eight appendices provide model formats (Forms), including the following:

• Pleadings (Plaint and Written Statement formats)
• Process formats
• Discovery, Inspection and Admission
• Decrees
• Execution
• Supplemental Proceedings
• Appeal, Reference and Reviews
• Miscellaneous

Sections 122 to 127, 129, 130, and 131 give High Courts the power to change regulations. The changes cannot go against the code's main requirements.

The legislature alone has the authority to change the provisions in the code's body; courts are not permitted to make changes to the code's body.

Civil Procedure Code: Salient Features

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

In addition, the state government can change the Civil Procedure Code by publishing a notice in the Official Gazette. This provision can be used for broadening the code to any section of the state or the entire state.

The Civil Procedure Code made the process in Civil Courts easier and more effective. The enforcement of citizens' rights, responsibilities, and liabilities is handled under this code. In other words, the Civil Procedure Code sets up how rights and obligations are enforced.

The Civil Procedure Code is a law that applies everywhere and is more important than local or special laws. Local or special legislation will take precedence over the Civil Procedure Code in the event of a disagreement. If there is a specific problem on which the local or special law remains quiet, the Civil Procedure Code shall take precedence.

The Civil Procedure Code has changed a lot to meet new needs and demands. The Code saw around thirty amendments between 1909 and 1976.

The 1999 and 2002 Amendments made several modifications to the process that people had to follow.

Changes after the amendments of 1999 and 2002

The main purpose of the amendments is to ensure fair and fair justice. They also aim to speed up the resolution of cases and offer a quick solution.

As per the amendment,

Summons must be served to the defendant within 30 days of the lawsuit's filing date.

• Within thirty days, the written statement must be submitted. The court may provide this time frame an additional 90 days.
• If the judgment debtor fails to make payments under a payment decree, he may be placed in civil jail.  He won't be held in civil prison if the money is not received in full, up to Rs. 2000.
• In case of attachment while executing a decree, the monthly salary up to Rs.1000/- and two third of the remaining salary exceeding Rs. 1000/- will not be attached.
• The changes allowed new and useful ways to solve conflicts, like mediation and arbitration. For this, Lok Adalat is a prime illustration.
• The defendant can get money for costs, losses, injuries, and harm to reputation from arrest or property.
• Following the modifications, conflicts involving subject matter valued at less than Rs. 1000 are no longer eligible for appeal.
• If the lone high court judge makes a decision, it cannot be appealed, whether it's in the original or appellate jurisdiction.
• If the lawsuit is seeking the recovery of funds up to Rs. 25,000, there cannot be a second appeal.
• No party to the action will be granted more than three adjournments during the hearing of any suit.
• The Court can wait up to seven days to make decisions while it listens to witnesses or reviews evidence.

Following the trial, the court will issue its ruling. Within thirty days after the hearing's finish, the court will try to issue a ruling. But, if there are unusual circumstances, the court can choose a date between 30 and 60 days after the hearing.

Conclusion

The Civil Procedure Code (CPC) is an important set of rules in India that guides how civil cases are handled. Originating in 1859, the law has been changed many times. The most recent version, from 1908, is still in effect. The CPC deals with civil cases. It decides where cases are heard, what parties say, and how decisions are enforced. It also covers appeals, orders that happen during a case, and other rules and limits.

The CPC covers many legal situations and can adapt to unexpected scenarios. As a territorial law, it applies throughout India, except in specific regions. The Code includes 158 sections and a schedule with 51 orders. It explains processes and court jurisdiction. Efficiency was improved, problems were solved peacefully, and cases were resolved quickly in 1999 and 2002.

The CPC is a law that applies everywhere and is more important than local laws. It has changed many times to fit new needs. The system makes sure that rights and duties are followed, so justice is fair and quick. It is important for all Indian citizens to understand the Civil Procedure Code because not knowing the law is not a defense.

References

• https://www.indiacode.nic.in/bitstream/123456789/2191/1/A1908-05.pdf
• https://byjus.com/free-ias-prep/code-of-civil-procedure-cpc/ #:~:text=The%20Act%20was%20first%20enacted,effect%20from%201%20January%201909.
• https://blog.ipleaders.in/indian-civil-procedure-code/
• https://archive.pib.gov.in/archive/releases98/lyr2002/rjul2002/01072002/r010720022.html# :~:text=The%20main%20features%20of%20the,plaintiff%2C%20the%20court%20are%20defendant.