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Introduction To CPC

Rokonuzzaman Bappy Department of Law & Justice Jatiya Kabi Kazi Nazrul Islam University Trishal, Mymensingh

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95 views

Introduction To CPC

Rokonuzzaman Bappy Department of Law & Justice Jatiya Kabi Kazi Nazrul Islam University Trishal, Mymensingh

Uploaded by

Scene & Scenario
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Introduction to CPC

Presented by
Md. Ahsan Kabir
Assistant Professor
Department of Law and Justice
Jatiya Kabi Kazi Nazrul Islam University
Contents:
1. History of CPC
2. Substantive and Procedural law
3. Structure of CPC
4. Law / Act / Code relating to civil matter
5. Scope of CPC: Whether the Code is
exhaustive or not?
6. Objects of CPC
7. Characteristics of CPC,1908
History of CPC:

✓ Before 1859, there was no uniform Code of Civil


Procedure.
✓ There different systems of civil procedure in
different parts of the country.
✓ The first uniform Code of Civil Procedure was
enacted in 1859.
✓ But that Code was also not made applicable to the
Supreme Courts in the Presidency Towns and to
the Presidency Small Cause Courts.
✓ Some amendments were made therein
and the Code was applied to the whole
of British India, but there were many
defects in it, and therefore, a new Code
was enacted in 1877.
✓ Again, another Code was enacted in

1882, which was also amended from


time to time.
✓ In 1908, the present Code of Civil Procedure was
enacted.
✓ On the whole, this Code worked satisfactory, though
there were some defects in it.
✓ Different amendments are brought in this Code.
✓ In 2003, the provision for mediation and arbitration was
introduced in CPC.
✓ Then, in 2006, further amendment has been made with
the object of curbing the delay in adjudication of
disputes.
✓ Then some amendments has been done time to time.
So, these are the Civil Codes-
✓ The Code of Civil Procedure 1859

✓ The Code of Civil Procedure 1877

✓ The Code of Civil Procedure 1882

✓ The Code of Civil Procedure 1908


Substantive and Procedural law:
✓ Both public and private law may be substantive law or
procedural law.
✓ The distinction between the substantive and procedural
law is not an always easy and clear-cut.
✓ The same law may be procedural as well as
substantive. Eg- Evidence Act
✓ LAWS can be divided into two groups. Following these:-

 Substantive Law, And

 Procedural Or Adjective Law


Substantive law:
✓ Substantive law deals with the rights, duties and
liabilities of the parties to the suit.
✓ It explains the parties to understand their rights.
✓ It also defines the crime or wrong and also their
remedies.
✓ When a particular law defines rights or crimes or any
status, it is called substantive law.
✓ For Example:- Penal law, Law of Contract, Transfer
of Property Law, The Specific Relief Act, etc are
substantive law.
Procedural or Adjective Law:
✓ Procedural law deals with the process of litigation.
✓ It explains the parties to understand the means and
method to achieve their rights.
✓ When a particular law determines the remedies or
outlines the procedure of litigation, it is called
procedural law.
✓ For Example: – The Code of Civil Procedure, The
Code of Criminal Procedure etc. are procedural
law.
Structure of CPC:
✓ 155 Sections
✓ 50 Orders and Rules

✓ Appendix (A to I) [Appendix means

the system form.]


✓ The Code is divided into two parts- the first part is
the body of the Code containing a number of
sections and second is the First Schedule
containing a number of Orders and Rules.
✓ The first part deals with the provisions of a
substantive nature, laying down the general
principles of jurisdiction.
✓ While the First Schedule relates to the procedure
and the methods and manner in which the
jurisdiction may be exercised.
✓ The body of the Code containing the
sections is fundamental and can be
amended only by parliament.
✓ On the other hand, the provisions of

the First Schedule may be amended


by the SC. (Sec-122)
Law / Act / Code relating to civil matter:

1.The Code of Civil Procedure 1908


2.The Limitation Act 1908
3.The Civil Courts Act 1887
4. The Evidence Act 1872
5.The Civil Rules and Regulations 1887
6.The Court Fees Act 1870
7.The Suits Valuation Act 1887
8.Relevant Laws (Civil Nature)
Scope of CPC: Whether the Code is exhaustive or not?

✓ The Code is exhaustive on matters specifically dealt


with by it.
✓ However, it is not exhaustive on points not
specifically dealt with therein.
✓ The legislature is incapable of contemplating all the
possible circumstances which may arise in future
litigation.....
✓ With regard to those matters, the court has inherent
power to act according to the principles of justice,
equity and good conscience.
✓ Section-151 of CPC
“Nothing in this Code shall be deemed to
limit or otherwise affect the inherent
power of the Court to make such orders
as may be necessary for the ends of
justice or to prevent abuse of the process
of the Court.”
✓ So not exhaustive.
Objects of CPC:
1. To consolidate the laws relating to the process of courts of
civil judicature.
2. To amend the laws relating to procedure of courts of civil
judicature.
3. To facilitate justice
4. Based on justice, equity and good conscience.
5. Both substantive and procedural law
6. Conduct the civil matters.
7. Justice is done for the both parties.
8. Enforcement of civil rights.
Characteristics of CPC,1908
✓ Primary procedural law in
administration of civil justice
✓ Enacted in 1908 & Came into force
01-01-1909
✓ Contains principles of natural justice
Based on justice, equity, and good
conscience
✓ Contains both procedural & substantive
laws.
THANK YOU

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