Discuss the nature, object and scheme of the Code of Civil Procedure


Discuss the nature, object and scheme of the Code of Civil Procedure.

In the years 1908 Code of Civil Procedure was enacted. At first till 1859 there was no uniform Code of Civil Procedure. In the year 1859 the first uniform Code of Civil Procedure was enacted and it was applied to the whole of India except the State of Jammu and Kashmir. After that again in 1877 a new Code was enacted, again the Code was also amended in the year 1882. Finally in the year 1908 the Code of Civil Procedure was enacted. To bring more effectiveness on fair trails and for speedy disposal Civil suit the amendment Act 1976 make some important changes and accepting the principle of natural justice.

There after two important amendment made they are as follows:-
1.         In 1 February, 1977 the amendment Act 1977 came into force.
2.         In 1 July 2002 the two Amendment Act 1999 and the Amendment Act 2002 came into force.
Code of Civil Procedure
Code of Civil Procedure

Object:-The main aim and objective of Code is to consolidate and amend the law relating to the procedure of Civil Judicature. It is collect all the law relating to the procedure adopted by the Court that’s why it is called a consolidated Code. Further it is designed to facilitated justice to everyone and furthers its ends and it is not a penal for punishment. It is guarded against both the party and provided justice on both the sides. It is said that giving substantial justice the provision of the Code should be construed liberally.

Nature and Scheme of the Code:-The Code can be classified into two kinds they are:-
1.         Substantive Law, and
2.         Adjective or Procedure Law.

1)         Substantive Law:-Substantive Law determines the right, duties and liabilities of the parties. Substantive Law deals with provision of substantive nature and lay down the general principles of jurisdiction. The section of the Code contain fundamentals cannot be amendment except only by the legislature.
Example:-The Transfer of Property Act and the Indian Contract Act.

2)         Adjective or Procedure Law:-Adjective or Procedure Law prescribes the procedure for enforcement of right and liabilities. Procedure Law is an accessory to substantive law. The Indian Evidence Act, the Limitation Act, the Code of Civil Procedure, the Code of Criminal Procedure is the procedure Law. The Code of Civil Procedure is neither creates any right nor takes away any right, it is regulate the procedure which the Civil Court followed.
Example:-The Code of Civil Procedure and the Indian Evidence Act.
The Code of Civil Procedure can be divided into two parts: (i) Section 158 containing the body of the Code; and (ii) First Schedule of the Code contains 51 Orders and Rules. The first part of the Code lays down the general principles of jurisdiction of the substantive nature, and the Second Part (First Schedule) relates to the procedure and the method, manner and mode in which the jurisdiction of the Court may be exercised.

The First Part:-
1.      The First Part is provision of substantive in nature.
2.      The First Part lay down the general principle of jurisdiction.

The Second Part:-The First Schedule containing 51 Orders and Rule they are under.
1.      The Second Part is the provision of procedure law.
2.      The Second Part provides the methods, manner and the modes of exercising jurisdiction of Courts.
The legislature is the only authority that has power to amend any of the first part of the Civil Procedure Code and the Second Part (First Schedule) of the Code of Civil Procedure can be amended by the High Court.

The 1976 Amendment Act, brought various changes, the important changes are as follows:-
a)      The Apex Court have empowered to transfers cases form one High Court to another.
b)      Under Section 80 the provision for giving statutory notice before the institution  of a suit against the Government or a Public Officer.
c)      There are certain restriction on the right to appeal and revision.
The Code of Civil Procedure 1908 work satisfactory for a certain period but there were some defects. After that the Code result a heavy pendency of cases. To solve the delays problem the Parliament made a change on Code of 1908, and made an Amendment Act 1999. The Government considered the matter and after that consulting the Bar Council of India and other concerned and made an amendment, the Code of Civil Procedure 1908 consistent with the demand of fair play and justice and made certain important amendment.

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