CPC Lecture Notes 1

The Code of Civil Procedure, 1908 1
The Code of Civil

Procedure 1908
(Study Material)
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The Code of Civil Procedure, 1908

(Introduction)
Act No: 5 of 1908

Date of Enactment: 21st March, 1908
Date of Enforcement:1st January, 1909.
Preamble: An Act to consolidate and amend the law relating to procedure of the
Courts of Civil Judicature.
STRUCTURE OF ACT
Total 158 Sections which was divided into XI Parts.

1 Schedule: Contain 51 Orders
Introduction, Object, Extent & Scope

Generally, laws can be divided into two categories: (1) Substantive Laws and
(2) Procedural Laws.
Substantive laws create, define and confer substantive legal rights and duties
whereas procedural laws lay down mechanism and manner in which such rights
may be enforced and recognized in the courts of law.
Indian Penal Code, Indian Contract Act, Transfer of Property Act etc. are
instances of substantive laws while Code of Civil Procedure, Code of Criminal
Procedure, Indian Evidence Act are instances of procedural laws.
Object of the Code: Code of Civil Procedure is a consolidated code which lays
down all the laws relating to procedure to be adopted by civil courts. The
Preamble of the Code states that it is to consolidate and amend the laws relating
to the procedure of the Courts of Civil Judicature. Supreme Court in Salem
Advocate Bar Association (II) v. Union of India, AIR 2005 SC 3353
observed that the procedure is designed to facilitate justice and it is not a penal
enactment for punishment and penalties.
The Code also deals with certain substantive rights but the essential object is to
consolidate the law relating to civil procedure. Supreme Court in Saiyad Mohd.
Bakar v. Abdulhabib Hasan, (1998) 4 SCC 370 held that a procedural law is
always in aid of justice, not in contradiction or to defeat the object which is
sought to be achieved. It is always subservient to substantive law.
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Extent, applicability and commencement: Section 1 of the CPC 1908, state

that Code extends to whole of India, except the State of Nagaland and the Tribal
areas. After the passing of Jammu and Kashmir Reorganization Act, 2019 by
both houses of Parliament it applicable to the union territory of Jammu and
Kashmir also
Scope of the Code: Code is exhaustive on the matters specifically dealt in it.
However, the legislature is incapable of contemplating all possible
circumstances that may arise in civil litigation therefore, with regard to those
circumstances the court has inherent powers to act according to principles of
justice, equity and good conscience. Such inherent powers of the court are saved
under Section 151 of the Code. (Mahohar Lal v. Seth Hiralal, AIR 1962 SC
527)
Framework of the Code:
1859 1877 1882 1908
(a) The Main Body of the Code:It containing 158 sections. The sections dealing
with the provisions of substantive nature, laying down the general principles of
jurisdiction and the fundamental rules and principles. The main body of the Code
containing sections is fundamental and cannot be amended except by the
legislature.
(b) The First Schedule: It containing 51 orders and each order containing rules.
The schedule relates to the procedural method, manner and mode in which the
jurisdiction may be exercised. The Orders in a way provide for the application of
the sections. The sections, the orders and the rules therefore must be read together
and harmoniously construed. but if the rules are inconsistent with the sections, the
latter will prevail. Both the Legislature and the High Courts have concurrent
powers to amend the Rules. This division in the body of the Code was introduced
to enable variations to be introduced in the procedure to meet the requirements of
different localities as well as to enable defects to beremedied as they were
discovered without resorting to the tardy process of enacting a legislation. It is this
design of the Code of Civil Procedure that has ensured that the Code has endured
over the years. This is borne out by one fact alone: that there has never been the
need for enacting yet another Code of Civil Procedure.

Extent, Applicability and Commencement
Extent and applicability: The Code extends to whole of India, except the State of
Nagaland and the Tribal areas.
Jammu and Kashmir Reorganization Act, 2019 was passed by both houses of
Parliament and received the assent of the President on 9th August, 2019 and on
31st October 2019 this Act came into force.
The Act bifurcated the State of Jammu and Kashmir into Union Territory of
Ladakh and Union Territory of Jammu and Kashmir.
Section 95(1) of the Act provides that All Central laws in Table 1 of the Fifth
Schedule to the at, on and from the appointed day, shall apply in the manner as
provided therein, to the Union territory of Jammu and Kashmir and Union territory
of Ladakh.
Fifth Schedule, Table 1, S.No. 8 pertain to Code of Civil Procedure. It provides

that Section 1(3)(a) shall be omitted.
Supreme Court in WestarlyDkhar v. Sehekaya Lyngdoh, (2015) 4 SCC 292 has
held that in the areas to which the Code does not extend the courts in such areas
shall be guided by spirit of the Code.
It applies to proceedings in a Civil Courts in India except that specific provisions
in any special or local law which have been saved by Sections 4 and 5 of the Code.
Commencement: The Code of Civil Procedure, 1908 received the assent of the
Governor General on the 21st March, 1908 and came into force on the 1st January,
1909.
• The Code of Civil Procedure (Amendment) Act, 1976 came into force on 1st
February, 1977.
• The Code of Civil Procedure (Amendment) Act), 1999 and The Code of
Civil Procedure (Amendment) Act, 2002 came into force on 1st July, 2002.
Scope of the Code: In Mahohar Lal v. Seth Hiralal, AIR 1962 SC 527 Supreme
Court held that Code is exhaustive on the matters specifically dealt in it. However,
the legislature is incapable of contemplating all possible circumstances that may
arise in civil litigation therefore, with regard to those circumstances the court has
inherent powers to act according to principles of justice, equity and good
conscience. Such inherent powers of the court are saved under Section 151 of the
Code.


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The Code of Civil Procedure, 1908 1

The Code of Civil

The Code of Civil Procedure, 1908

Act No: 5 of 1908

Total 158 Sections which was divided into XI Parts.

Introduction, Object, Extent & Scope

This is free version click here to get the full version

Extent, applicability and commencement: Section 1 of the CPC 1908, state

Framework of the Code:

1859 1877 1882 1908

This is free version click here to get the full version

Extent, Applicability and Commencement

Fifth Schedule, Table 1, S.No. 8 pertain to Code of Civil Procedure. It provides

This is free version click here to get the full version

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