Introduction to Civil Procedure Code (CPC), 1908
- The Civil Procedure Code, 1908 is the principal legislation laying down the procedural
framework for adjudication of civil disputes in India.
- It applies to civil courts across the country, except those expressly excluded.
- The CPC is adjective law, not substantive—it does not create rights but provides the
method for enforcement of rights.
Features of the Civil Procedure Code, 1908
Two-Part Structure
- Part I (Sections 1 to 158): Contains the substantive provisions and general principles.
- Part II (Orders and Rules): The First Schedule contains 51 Orders with detailed
procedural rules.
Uniform Procedure
- CPC provides a uniform code of procedure for all civil courts across India (except in
some tribal areas).
Procedural (Adjective) Law
It deals with how a civil case is filed, conducted, tried, and decided—not with the rights or
liabilities themselves. In the CPC, the word “law” refers not to substantive legal rights (like
ownership, contracts, or torts) but to the rules of procedure that govern how civil legal
rights are enforced in courts of law. CPC is thus a law of procedure, not of substance.
Supplemented by Rules
High Courts and State Governments can make local amendments or rules, provided they are
consistent with the CPC.
Amendable and Flexible
The CPC has been amended multiple times (notably in 1999 and 2002) to ensure speedy
justice and reduce delays.
Inherent Powers of the Court (Section 151)
Courts can exercise inherent powers to make orders to meet the ends of justice or to
prevent abuse of process.
Applicability
- Applies to civil proceedings in all courts of civil jurisdiction.
- Does not apply to tribunals unless specifically extended.
- Enabling Legislation
• It enables citizens to approach civil courts to resolve disputes.
• Without procedural law, substantive rights would be meaningless because there
would be no mechanism to enforce them.
Comprehensive but Not Rigid
- The CPC provides a detailed and exhaustive procedure but also allows flexibility
where justice demands (e.g., inherent powers under Section 151).
Based on Principles of Natural Justice
- The entire structure of CPC is grounded in principles like:
• Audi alteram partem (hear the other side)
• Nemo judex in causa sua (no one should be judge in his own cause)
Scope of the Civil Procedure Code
Territorial Scope
Extends to whole of India (except J&K at the time of enactment; now applicable to UTs as
well post-2019).
Subject Matter Scope
- Governs all non-criminal litigation, including:
- Property disputes
- Contract enforcement
- Matrimonial cases
- Injunctions and declarations
- Partition suits
Institutional Scope
Applies to civil courts, including:
- District Courts
- High Courts exercising original civil jurisdiction
- Small Cause Courts (with some modifications)
Excludes Certain Areas
Does not apply to proceedings under special statutes unless expressly or impliedly
incorporated (e.g., Income Tax Appellate Tribunals, Consumer Forums).
Objectives of the Civil Procedure Code
To Provide a Fair Trial: Ensures that both parties are heard and have an equal opportunity
to present their case (natural justice).
To Lay Down an Efficient and Definite Procedure: Offers a clear framework for every step—
from institution of suit to execution of decree.
To Avoid Multiplicity of Litigation: Principles like res judicata (Section 11) and constructive
res judicata prevent repeated litigation on the same issues.
To Achieve Finality in Adjudication: CPC lays down mechanisms for appeals, reviews, and
revisions, but once exhausted, the matter is considered settled.
To Enable Execution of Decrees: Provides detailed procedures for execution of civil court
decrees and orders (Order 21 CPC).
To Prevent Abuse of Process: Includes provisions to penalize frivolous claims, misuse of
process, and delays (e.g., costs, striking out pleadings).
To Balance Speed with Justice: Amendments in 1999 and 2002 aimed to reduce procedural
delays, including setting timelines for filing evidence and limiting adjournments.
Provides a Framework for Civil Justice: It governs the entire life cycle of a civil suit—from
the filing of plaint to the final execution of the decree.
Maintains Uniformity and Certainty: Applicable across India, CPC ensures that civil cases
are dealt with in a consistent and predictable manner.
Important Doctrines/Principles under CPC
- Res Judicata (Section 11)
- Sub Judice (Section 10)
- Restitution (Section 144)
- Representative Suits (Order 1 Rule 8)
- Pleadings and Framing of Issues
- Execution and Attachment of Property
