Author: The Legal Lock
LET US FIRST LEARN WHAT IS CODE OF CIVIL PROCEDURE IS ACCORDING TO BLACK LAW’S DICTIONARY
The Black’s Law Dictionary defines a Civil Procedure as “A body of law concerned with the methods, procedures and practices used in civil litigation.” The Code of Civil Procedure is established in view of regulating the procedures followed by the civil courts. It is intended to formulate the appropriate jurisdictions and indicate the mode of implementing the same. This article is a detailed outlook on the various facets of the concept.
WHEN DID IT IN INDIA?
The Uniform Code of Civil Procedure in the Republic of India first came into effect in 1859. Before that, there have been numerous kinds of civil law procedures followed in different areas of the nation. The code of 1859 could not extend its applicability to the Supreme Courts under the Presidency towns and to the Presidency Small Cause Courts.
After that, a few amendments were made in this and subsequently, the code was applied to the whole of British Republic of India, whereas there have been a few deformities in it, thus, another code was enacted in 1877. Later, another code was enacted in 1882, that was conjointly changed every now and then.
In 1908, this Code of Civil Procedure was ratified. Which was again amended twice through the Amendments Acts of 1951 and 1956. On the whole, this code worked agreeably, despite the fact that there have been a few imperfections in it.
This is how the civil procedure code was introduced in India.
TWO IMPORTANT AMENDMENTS OF 1951 AND 1956.
Despite there being some defects in it, the Code was enforced satisfactorily. The Law Commission submitted several reports with the requirement of what changes should be made while keeping in mind the following necessities –
- The procedure must not be complex and must allow a fair deal to economically weaker sections of society.
2. A litigant must get a fair trial in accordance with the accepted principles of natural justice.
AMENDMENT OF 2002 AND 1999
In many matters, like provision of issuing summons, filing of a written statement, amendment of pleadings, production of documents, the examination of witnesses, the pronouncement of judgments, preparation of decree, etc., a time-limit is prescribed;
The number of adjournments are “restricted;
A provision for the recording of evidence by the Court Commissioner has been made;
Endless arguments are sought-after to be shortened by (a) empowering the court to repair a time-limit for oral arguments, and (b) by permitting written arguments to be placed on record by the parties;
A provision is created for filing of an appeal within the court that passed the decree;
Instituting of appeal against the judgement is allowed wherever the decree isn’t drawn up;
A new provision for settlement of disputes outside the court has been introduced;
Scope of First Appeal, Second Appeal, Letters Patent Appeal and Revision has been curtailed.”
MEANING AND OBJECTIVE
The Law identifying with the practices and system to be followed in the Civil Courts is directed by the Code of Civil Procedure, 1908. The word CODE signifies ‘a systematic collection of statutes, a body of laws so arranged as to avoid inconsistency and overlapping ‘.
The fundamental object of this civil procedure code is to unite and alter the laws identifying with the technique and practices followed in the Civil Courts in India. All things considered, it was cherished in the preamble of the code that it was instituted to combine and revise the laws identifying with the methodology to be followed in the civil courts having civil jurisdiction in India. The Civil Procedure Code directs each activity in civil courts and the gatherings previously it tills the execution of the degree and order.
EXTENT AND APPLICATION
The Civil Procedure Code was passed in 1908 and came into power from first January 1909. The Code is pertinent to the entire nation with the exception of –
The State of Jammu and Kashmir
The state of Nagaland and the tribal regions
There is additionally a provision that the concerned state governments may make the provisions of this code pertinent to the entire or part of the State of Nagaland or such tribal regions by notification in the official gazette.
This code is pertinent in the scheduled zones of the previous State of Madras (Lakshadweep), the East Godavari, West Godavari and Visakhapatnam agencies (Now in Andhra Pradesh State).
Laws can be divided into two groups: –
- Substantive Law: – The substantive law determines the rights and liabilities of parties and adjective or procedural law prescribes the practice, for the enforcement of those rights and liabilities. The efficiency of substantive laws depends upon the quality of procedural laws. Thus, procedural laws are an accessory to substantial laws. These two are complementary to each other and they are interdependent.
- Adjective or Procedural Law: – Procedural laws give life to substantial laws by providing the remedy and by implementing the maxim Ubi jus ibi remedies. Some examples of procedural law are the Civil Procedure Code, Code of Criminal Procedure, and Indian Evidence Act. Indian Penal Code, Indian Contract Act, the Transfer of Property Act are examples of substantive law.
The Civil Procedure Code made the procedure to be followed in the Civil Courts very basic and compelling. Authorization of rights, liabilities, and commitments of the citizens are managed by this code. To state, as such, the Civil Procedure Code gives the component to the implementation of rights and liabilities.
The Civil Procedure Code is a general law and won’t influence any laws which are as of now in force. If there should arise an occurrence of any contention with any other laws, the other law will prevail in the Civil Procedure Code. On the off chance that, in the event that the other law is quiet about a specific issue, the Civil Procedure Code will apply.
The Civil Procedure Code has been amended a few times to address the issues and prerequisites which are dynamic and changing every once in a while. Between 1909 to 1976, the Code has been amended more than 30 times.
To empower the courts to convey fair-minded and unprejudiced equity, the Code of Civil Procedure, 1908 gives straightforward and clear procedures to be trailed by the Civil Courts. Consequently, the Code of Civil Procedure, 1908 consolidated the provisions for inherent powers. At the point when there is no enactment, the court, in light of a legitimate concern for equity may exercise the discretionary power by acting past the powers given to them under the Code of Civil Procedure. It is known as the Inherent powers of the Court. The Code of Civil Procedure is one of the vital parts of procedural laws and it is the one regulating the method to be trailed by the Civil Courts in India. Despite the fact that it might have a few restrictions, however, it is as yet effective, basic, clear and empowers the courts to deliver fair-minded equity and impartial justice.