Law is basically divided into two groups :
1. Substantive law, and
2. Adjective or procedural law .
Substantial law states about the rights and liabilities of the parties , whereas the adjective or the better called procedural law talks about the procedure for the enforcement of those rights and liabilities . now to give example – The Indian Contract Act, The Transfer of Property Act, The Industrial Dispute Act, The Penal Code are Substantive laws , where the rights and liabilities of the of parties are mentioned, what the law says is mentioned., But the Indian Evidence Act, The Limitation Act, the Code of Civil Procedure, The Code of Criminal Procedure are all the Procedural law as all the procedure is mentioned in the act. Eg – if a party wants to enforce its rights , he has to refer the procedural law , he has to refer what the procedure says, whether it says to go to high court, whether it sys to go to supreme court , or whether it says to file a notice??
Now the procedure for civil matters is mentioned in the CPC, while the procedure regarding the criminal matters if laid down in the CrPC, while the Evidence act gives us the information about how the evidence is to be brought on record, how ,which and when to submit before the court…; the Limitation Act provides us the limitation about an action against a breach , that is within what time file a suit , appeals , etc.
HISTORY OF CPC
There was no uniform civil code procedure before 1859, there were a lot of different systems of civil procedure in different part of the country, which was leading a lot of confusion and mistakes in the proceedings, hence the first uniform civil code was enacted in the year 1859, but this code was made applicable only to the supreme courts in the presidency towns ( india during british rule i.e Bombay, Madras and Calcutta ) and the Presidency small causes courts. After there were a lot of amendments made in the Code. Due to many defects in the code again it was enacted on 1877, again on 1882, and finally the code was amended for the last time on 1908, and which was called as the “Code Of Civil Procedure, 1908.”
COMMENCEMENT
The Code of Civil Procedure,1908 came into existence from January 1, 1909, while the Amendment Act, came into force with effect from February 1, 1977.
PREAMBLE
The Preamble is the part of the code which specifies the object of the code in nutshell. The Preamble of the Code states that the object of the code is to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Here the word consolidate means to collect all the laws relating to a particular subject and to bring it down to date in order to form an useful Code . Hence all the laws relating to the civil matters and its procedure is laid down in the CPC.
SCHEME OF THE CODE
The code can be divided into two parts:
1. 1. Code containing 158 sections .
2. 2. The First Schedule containing 51 orders and rules.
The sections in the code are fundamental and can only be amended by the Legislature, while the First Schedule can be amended by the High Courts. While reading CPC, it must be always be kept in mind that the sections has to be read with the order and the rules given in the code, as they go hand in hand together, they are supplementary and complimentary to each other ; But later if there is any discrepancy or conflict between the sections and the order(rules), then the Sections will always prevail over the orders and the rules as decided in Director of Inspection vs Puran Mal and Sons, 1975, and the high court has to amend the order (rules).
RETROSPECTIVE EFFECT
It is well settled principle of interpretation of statutes that the procedural laws are always retrospective in operation, unless there is any reasonable reason to the contrary. These provisions will be applicable to the cases before the enactment of the Civil procedure Code ,as held is Anant Gopal vs State of Bombay, 1958, While it is not retrospective in operation as held in Garikaprasad vs Subbiah Choudhary,1957
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