Introduction of Code of Civil Procedure, 1908 | CPC | Law Guru

Summary

In this video, the presenter introduces the **Code of Civil Procedure 1908 (CPC)**, explaining its meaning and historical background. The CPC governs the practice and procedure in civil courts in India, consolidating earlier codes into a uniform system. The video covers the evolution of the CPC, from its inception in 1859 to the current version of 1908, and discusses its objectives, such as establishing consistency in civil court proceedings. The scope of the CPC is also explained, emphasizing its application unless contradicted by special or local laws. This informative overview serves as a foundation for understanding the CPC.

Takeaways

• 😀 The Code of Civil Procedure (CPC) 1908 regulates the practice and procedure followed in civil courts in India.
• 😀 Until 1859, India lacked a uniform civil procedure code, and various codes were amended over time before the CPC 1908 was established.
• 😀 The CPC 1908 replaced earlier codes, consolidating civil procedure laws into a unified framework.
• 😀 The Code of Civil Procedure 1908 contains 158 sections and is divided into 11 parts, covering both substantive and procedural law.
• 😀 The CPC distinguishes between substantive law (rights and liabilities) and procedural law (the process of enforcing rights and liabilities).
• 😀 The main objective of the CPC is to consolidate previous civil procedure codes into one, establishing a uniform approach to civil proceedings across India.
• 😀 The CPC applies to all civil proceedings in Indian courts, from filing a suit to the passing of a decree or order.
• 😀 The scope of the CPC is general, but it does not apply in cases where a special or local law conflicts with it.
• 😀 In case of a contradiction between the CPC and special/local laws, the special law will take precedence, unless the special law is silent on the matter.
• 😀 The CPC aims to standardize civil proceedings across India, ensuring uniformity in how civil cases are handled in courts.
• 😀 Future videos will discuss specific orders in the CPC, providing practical examples to help understand the procedural nuances.

Q & A

What is the meaning of the Code of Civil Procedure (CPC) 1908?

The Code of Civil Procedure 1908 regulates the practice and procedure to be followed in civil courts. It ensures that all civil proceedings are conducted according to a standardized set of rules.

How did the Code of Civil Procedure originate?

Before 1859, there was no uniform code in India to regulate civil court procedures. The first uniform Civil Procedure Code, known as the CPC 1859, was introduced and modified over time, with significant updates, leading to the CPC 1908 that we follow today.

What is the historical background of the Code of Civil Procedure?

The CPC started with the 1859 version, which was amended multiple times. Over the years, it underwent several revisions, culminating in the CPC 1908, which replaced the earlier versions and became the standard procedural law for civil courts in India.

What does the introduction of CPC 1908 entail?

The Code of Civil Procedure 1908 was enacted to establish a uniform set of civil procedures in India. It consolidates earlier versions of the civil procedure codes into one cohesive legal framework, ensuring consistency in civil court proceedings across the country.

How many sections and parts are there in the CPC 1908?

The CPC 1908 contains 158 sections and is divided into 11 parts. These sections regulate the civil procedures followed in courts, with each part focusing on different aspects of the process.

Why are sections and orders kept separate in the Code of Civil Procedure?

Sections and orders are kept separate to distinguish between substantive and procedural law. Sections typically define the rights and obligations, while orders deal with the procedures for enforcing those rights and obligations.

What is the main objective of the Code of Civil Procedure?

The main objective of the CPC is to consolidate various civil procedure codes into one comprehensive law, ensuring uniformity in civil proceedings across Indian courts. It also regulates all actions in civil courts, from filing a suit to the final decree or order.

What is the scope of the Code of Civil Procedure?

The CPC 1908 is a general law applicable to all civil cases unless contradicted by a local or special law. In case of a conflict, the special law takes precedence over the CPC. If the special law is silent on an issue, the provisions of the CPC will apply.

Does the Code of Civil Procedure apply to all types of civil cases?

The CPC applies to most civil cases unless specifically excluded by a local or special law. If there is a conflict, the special law overrides the CPC.

What will the next video in this series cover?

The next video will explain a simple trick to understand the orders of the CPC, specifically from order number 1 to order number 10, using examples for better clarity.