The ‘Code of Civil Procedure’ is a procedure law, i.e., an adjective law. The Code neither creates nor takes away any right. It only helps in proving or implementing the ‘Substantive Law’. It mainly lays down the procedure to be adopted in civil courts, and its principles may be applicable in other courts, like writ courts, and Tribunals to the extent the enactments establishing the Tribunals provide for it. It provides for a fair procedure for redressal of disputes. Some of its provisions are substantive in nature and not procedural at all, like Sections 96, 100, 114 and 115 providing for a right of appeal, review and revision. The other provisions are generally procedural in nature.
The Code is mainly divided into two parts, namely, Sections and Orders. The body of the Code contains sections 1 to 158 (11 parts); and The First Schedule contains, O I to O LI and rules. While the main principles are contained in the Sections, the detailed procedures with regard to the matters dealt with by the Sections have been specified in the Orders. Section 122 of the Code empowers the High Court to amend the Rules, i.e., the procedure laid down in the Orders.
If the rules are inconsistent with the sections, the latter shall prevail, the former being secondary in nature. However, the sections and the rules have to be read together and construed harmoniously. The Code, being a procedural law, is retrospective in operation and its provisions apply to the proceedings pending at the time of its having come into force.
THE CODE OF CIVIL PROCEDURE, 1908
ACT NO. 5 OF 1908
[21st March, 1908.]
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. It is hereby enacted as follows :
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
PLACE OF SUING
INSTITUTION OF SUITS
SUMMONS AND DISCOVERY
JUDGMENT AND DECREE
- CPC Section 35 – Costs.
- CPC Section 35A – Compensatory costs in respect of false or vexatious claims or defenses.
- CPC Section 35B – Costs for causing delay.
COURTS BY WHICH DECREES MAY BE EXECUTED
- CPC Section 38 – Court by which decree may be executed.
- CPC Section 39 – Transfer of decree.
- CPC Section 40 – Transfer of decree to Court in another State.
- CPC Section 41 – Result of execution proceedings to be certified.
- CPC Section 42 – Powers of Court in executing transferred decree.
- CPC Section 43 – Execution of decrees passed by Civil Courts in places to which this Code does not extend.
- CPC Section 44 – Execution of decrees passed by Revenue Court in places to which this Code does not extend.
- CPC Section 44A – Execution of decrees passed by Courts in reciprocating territory.
- CPC Section 45 – Execution of decrees outside India.
- CPC Section 46 – Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
LIMIT OF TIME FOR EXECUTION
TRANSFEREES AND LEGAL REPRESENTATIVES
PROCEDURE IN EXECUTION
ARREST AND DETENTION
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
DISTRIBUTION OF ASSETS
RESISTANCE TO EXECUTION
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
1[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS]