CIVIL PROCEDURE

REVIEW – SECTION 114, ORDER XLVII

University Institute of Legal Studies

Panjab University

B.Com. LL.B. (Hons.) – 8th SEMESTER

2020-21

Presented To: Presented By:

Dr. Karan Jawanda Sakshi Mangla
Teacher In-Charge 191/17 – Section
D

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 ACKNOWLEDGEMENT

Any work requires the effort of many people and this is no different. First of all,
I want to express my heartiest thanks to my teacher Dr. Karan Jawanda, for
firstly making me understand the contents of my topic and then giving me a
wonderful opportunity to present this topic in form of an assignment. Her
support and teaching helped me a lot to complete this assignment.

I would also like to thank my friends who were always available to me for help
and also helped me collect data for my project through various sources. They
also provided me with material I needed and made my work as easy as possible.

Regardless of anything, I wish to express my gratitude to those who may have

contributed to this assignment, even though anonymously.

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 TABLE OF CONTENTS

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 LIST OF ABBREVIATIONS

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 TABLE OF CASES

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 INTRODUCTION

The Code of Civil Procedure was passed in 1908 and came into force from 1 st
January, 1909. This Code neither creates nor takes away any right. It is
intended to regulate the procedures followed by the civil court. It regulates
every action in civil courts and the parties before it till the execution of the
decree and order.

The Code is divided into two parts: the first part contains 158 sections and the
second part contains the First Schedule, which has 51 Orders and Rules. The
sections provide provisions related to general principles of jurisdiction whereas
the Orders and Rules prescribe procedures and method that govern civil
proceedings in India.

The Aim of the Procedural law is to implement the principles of Substantive

law. This Code ensures fair justice by enforcing the rights and liabilities. 1 It is a
collated code incorporating the various laws in its sphere but it is not
exhaustive within it. Courts are to be guided by principles of equity and justice
while dealing with scenarios for which the existing code may not be enough.2

A Suit is instituted under Section 26 of the Code in order to enforce the legal
rights of the individual in case of any infringement. It is governed by the
principle of ‘Ubi Jus Remedium’ - which means that where there is a right,
there is a remedy.

1
https://blog.ipleaders.in/indian-civil-procedure-code/(Visited on 13 December, 2020)
2
https://www.lawctopus.com/academike/civil-procedure-code-1908-effective-justice-
oriented/#:~:text=The%20Civil%20Procedural%20Code%2C%201908,code%20may%20not%20be
%20enough. (Visited on 12 December, 2020)

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