Code of Civil Procedure 1908 – CPC Sections.

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 :

PRELIMINARY

PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata

PLACE OF SUING

INSTITUTION OF SUITS

SUMMONS AND DISCOVERY

JUDGMENT AND DECREE

CPC Section 33 – Judgment and decree.

INTEREST

CPC Section 34 – Interest

COSTS

PART II

EXECUTION GENERAL

COURTS BY WHICH DECREES MAY BE EXECUTED

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

LIMIT OF TIME FOR EXECUTION

TRANSFEREES AND LEGAL REPRESENTATIVES

PROCEDURE IN EXECUTION

ARREST AND DETENTION

ATTACHMENT

SALE

DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY

  • 68. [Power to prescribe rules for transferring to collector execution of certain decrees.]— Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7 (w.e.f. 1-1-1957).
  • 69. [Provisions of Third Schedule to apply.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957).
  • 70. [Rules of Procedure.]Rep. by s. 7 ibid, (w.e.f. 1-1-1957).
  • 71. [Jurisdiction of Civil Courts barred.]Rep. by s. 7 ibid, (w.e.f. 1-1-1957).
  • 72. [Collector to deemed to be acting judicially.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957).

DISTRIBUTION OF ASSETS

RESISTANCE TO EXECUTION

PART III

INCIDENTAL PROCEEDINGS

COMMISSIONS

PART IV

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]

Leave a Reply

Your email address will not be published. Required fields are marked *

Law Faculty
error: Content is protected !!