The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.
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 methods that govern civil proceedings in India.
To give uniformity to Civil Procedure, the Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of the Governor-General on 23 March 1859. The Code, however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by the Code of Civil Procedure Code, 1877. But still, it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With the passing of time, it is felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended a number of times it has withstood the test of time.
The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was to ensure speedy disposal of civil cases governed under the Act.
Civil Procedure Code (Amendment) Act 2015
Keeping in view the establishment of Commercial Court and the provisions thereof, the Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of the specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.
The Code of Civil Procedure, 1908 was further amended in the year 2018
Relevant books on The Code of Civil Procedure:
- Civil Procedure Code, 1908 Amended up to Act 34 of 2019
- Civil Procedure Code 1908 with Limitation Act 1963 (Coat Pocket Edition)
- Supreme Court on Code of Civil Procedure (1950 to 2018) (in 3 Volumes) – by Surendra Malik and Sudeep Malik
- Code of Civil Procedure Collection – by C.K. Thakker
- Suranjan Chakraverti and Bholeshwar Nath Cases and Materials on Code of Civil Procedure (in 4 Volumes) – by Justice M.L. Singhal
- Civil Procedure Code – by Avtar Singh
- Code Of Civil Procedure And Limitation Act by Dr. Surendra Sahai Srivastava