THE CODE OF CIVIL

PROCEDURE ,1908
LAWS IS CLASSIFIED INTO TWO
GROUPS

• SUBSTANTIVE LAWS

• PROCEDURAL LAWS
• Substantive law determines the rights
and liabilities of parties

I.P.C, Contract Act, Sale of Goods Act e.t.c

• Procedural law prescribes

practice,procedure and machinery for
enforcement of the rights conferred by
substantive law

Code Of Civil Procedure,Code of Criminal

 HISTORICAL BACKGROUND

• Prior to 1859 different systems of civil procedure existed in

,different parts of the country.
• First uniform civil code was enacted in 1859.
• 1877 New code was enacted to overcome the defects.
• 1882 Another code was enacted.
• Code underwent amendments time to time
• in 1908,the present code was enacted and brought into force
with effect from January 1 , 1909.
• Several Amendmenits were made in 1976, 1999,2002 ..... 2020
 Codification of CPC
The Preamble of the Code expresses that the object of the
Code is to consolidate and amend the laws about the
system of Courts of Civil Judicature

The Supreme Court held that the code of Civil procedure

may be a consolidated Code on the procedure to be
followed by civil courts, Prem Lala Nahata v. Chandi
Prasad Sikaria ,(2007) 2 SCC 551
 OBJECT

In Saiyad Mohd. Bakar v. Abdulhabib Hasan, (1998)

4 SCC 343,Supreme Court held that ,
"A procedural law is usually in aid of justice, not in
contradiction or to defeat the terrible object that is
wanted to be achieved. Procedural law is usually
subservient to the substantive law. Nothing is often
given by a procedural law what's not sought to be
given by substantive law and nothing will be
removed by the procedural law what's given by the
substantive law."
Thus the code is designed to facilitate
justice and further its ends
 Its founded on Principles of N,atural Justice
• No person can be a judge on his own cause
• Audie altrem partem
• Speaking order
• Rule against bias
RETROSPECTIVE OPERATION
In Mahadev Prasad Singh v. Ram Lochan,the
Supreme court held that the Code of Civil
Procedure is not Retrospective in operation
 CODE AT A GLANCE

• The substantive part contains 158 Sections

• The First schedule comprises of 51 Orders and

Rules providing procedure

• Appendices contain Model forms of

Pleadings,Processes,Decree,Appeals,
Execution proceedings etc