Civil Procedure Code at India
The Code of Civil Procedure, 1908 (CPC) is a comprehensive statute that governs the procedural aspects of civil litigation in India. Enacted by the Imperial Legislative Council on March 21, 1908, it came into force on January 1, 1909. The CPC consolidates and amends the laws relating to the procedure of the courts of civil judicature. It has been amended several times to address evolving legal needs, notably in 2002, 2015, and 2018. (India Code: Code of Civil Procedure, 1908, Code of Civil Procedure (India))
📘 Structure of the CPC
The CPC is divided into two main parts: (Code of Civil Procedure (India))
Sections (158 sections): These provide the general principles and framework for civil procedure, including jurisdiction, suits, appeals, and execution of decrees. (Code of Civil Procedure 1908: Detailed Analysis)
First Schedule: Contains 51 Orders with detailed rules that prescribe the specific procedures and methods governing civil proceedings in India. (Code of Civil Procedure (India))
⚖️ Key Provisions
Section 9: Affirms that civil courts have jurisdiction to try all suits of a civil nature unless their cognizance is expressly or impliedly barred. (Jurisdiction under Code of Civil Procedure 1908)
Section 11: Establishes the principle of res judicata, preventing the re-litigation of matters that have already been adjudicated.
Section 89: Encourages the settlement of disputes outside the court through alternative dispute resolution mechanisms like arbitration, mediation, and conciliation.
Order 5: Details the procedures for the service of summons to defendants. (India Code: Code of Civil Procedure, 1908)
Order 7: Specifies the requirements for the plaint, the document that initiates a suit.
Order 21: Outlines the procedures for the execution of decrees. (Code of Civil Procedure 1908: Detailed Analysis)
🏛️ Jurisdiction and Application
The CPC applies to all civil courts in India, providing a uniform procedure for civil litigation. However, it does not apply to certain matters like matrimonial disputes, testamentary matters, and insolvency proceedings, which are governed by separate statutes. Additionally, the CPC's provisions may be modified or supplemented by specific laws applicable to particular jurisdictions or subject matters. (Code of Civil Procedure 1908: Detailed Analysis)
📚 Accessing the CPC
The full text of the Code of Civil Procedure, 1908, along with its amendments, is available on the official India Code portal: (India Code: CODE OF CIVIL PROCEDURE, 1908)
👉 India Code: Code of Civil Procedure, 190
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