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Civil Procedure Code -CPC

 Object of the Code

Code of Civil Procedure is a consolidated code which lays down all the laws relating to procedure to be adopted by civil courts. The Preamble of the Code states that it is to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

The Code also deals with certain substantive rights but the essential object is to consolidate the law relating to civil procedure. Supreme Court in Saiyad Mohd. Bakar v. Abdulhabib Hasan, (1998) 4 SCC 370 held that a procedural law is always in aid of justice, not in contradiction or to defeat the object which is sought to be achieved. It is always subservient to substantive law.

Extent, applicability and commencement

The Code extends to whole of India, except the State of Nagaland and the Tribal areas. The Jammu and Kashmir Reorganization Act, 2019 was passed by both houses of Parliament and received the assent of the President on 9th August, 2019. The Central Government by a gazette notification appointed 31st October 2019 as the date on which this Act came into force. The Act bifurcated the State of Jammu and Kashmir into Union Territory of Ladakh and Union Territory Of Jammu and Kashmir. Section 95(1) of the Act provides that All Central laws in Table -1 of the Fifth Schedule to the Act, on and from the appointed day, shall apply in the manner as provided therein, to The Union territory of Jammu and Kashmir and Union territory of Ladakh. Fifth Schedule, Table 1, S.No. 8 pertain to Code of Civil Procedure. It provides that Section 1(3)(a) shall be omitted.

Commencement

The Code of Civil Procedure, 1908 received the assent of the Governor General on the 21st March, 1908 and came into force on the 1st January, 1909. The Code of Civil Procedure (Amendment) Act, 1976 came into force on 1st February, 1977. The Code of Civil Procedure (Amendment) Act), 1999 and The Code of Civil Procedure (Amendment) Act, 2002 came into force on 1st July, 2002.

The Code is divided into two parts (i) Body of the Code and (ii) Rules. The body of the Code consists of 158 Sections. It contains the provisions of substantive nature. Rules contain 51 Orders and 1 Schedule and it is procedural in nature which indicate the mode in which substantive provisions are to be applied.

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