This PowerPoint presentation introduces the Code of Civil Procedure, 1908. It is a perfect introduction to a code which becomes a thing of concern for many law students. Multiple sources have been referred to (including notes from the textbook on CPC by CK Takwani) while making this PPT. Kindly share it with your peers if you like it!

1. INTRODUCTION TO THE CODE OF CIVIL PROCEDURE, 1908.
By
Exhibit Law

2. SUBSTANTIVE LAW PROCEDURAL LAW
Determines rights and liabilities Determines the procedure for enforcing those rights
and liabilities.
• Efficacy of procedural law depends upon the substantive law.
• Unless procedure law is simple and expeditious, substantive laws are bound to fail in achieving their
objective.
• Procedural law is an adjunct or accessory to procedural law.
• REMEMBER THE OBJECTIVES
• 1. Expeditious
• 2. Simple
• 3. Inexpensive.
PROCEDURAL LAW

3. No
Uniform
CPC
• Not applicable to
whole of India
• Eg. Presidency Tows
and Prsidency Small
Causes Courts were
left off.
CPC
Majorly as we know it
today.
• Doctrine of Res Judicata was made stronger
• Transfer of proceedings from one HC to another
given to SC.
• Freedom of attachment of salary for all salaried
employees.
• Notice under section 80 to be given to the
government prior to the institution of suit.
• Restrictions on right to appeal and revisions.
• Written statement to be filed without delay.
• Order 39A was inserted.
• Time limit prescribed for issuing of summons, filing of WS,
amendment of pleadings, production of documents,
examination of witnesses, pronouncement of judgement,
preparation of decree.
• Settlement of dispute outside the court.
• Number of adjournments.
• Recording of evidence by Court Commissioner.
• Court can fix time for oral arguments and permit written
arguments to be placed on record by the parties.
• Provision for filing an appeal in the court which passed
the decree.
• 1. Expeditious
• 2. Simple
• 3. Inexpensive.
HISTORY OF THE CODE

4. COMMENCEMENT
01/01/1909
Courts in areas where CPC is not
applicable are guided by the spirit of
the code and NOT the word.

5. OBJECT OF THE CODE
Consolidate and Amend the laws
relating to the procedure of Courts in
the Civil Judicature.
In Prem Lal Nahata v. Chandi Prasad
Sikaria (2007) 2 SCC 551 the Supreme
Court observed:-
“The code also deals with
certain substantive rights but the
essential object of the law is to
consolidate the law relating to civil
procedure”

6. SCOPE OF THE CODE: EXHAUSTIVE OR NOT?
CPC, 1908
Exhaustive Non- Exhaustive
In matters
specifically dealt
with by it.
In matters not
specifically dealt
with by it.
The court has the inherent power to act according to the
principles of natural justice, equity and good conscience.

7. INTERPRETATION
The principle underlying interpretation of procedural law has been succinctly laid down by the Supreme Court in
State of Punjab v. Shamlal Murari (1976) 1 SCC 719:-
“We must always remember that the procedural law is not to be tyrant but a servant, not an obstruction
but an aid to justice. It has been wisely observed that procedural prescriptions are the handmaid and not the
mistress, a lubricant and not a resistant in the administration of justice. Where the non-compliance, though
procedural, will thwart fair hearing or prejudice doing of justice to parties, the rule is mandatory. But, grammar
apart, if the breach can be corrected without injury to a just disposal of the case, we should not enthrone a
regulatory requirement into a dominant desideratum”
• Courts have to interpret the rules of procedure liberally and in a manner so as to render the enforcement of
substantive rights effective.
• Hyper-technical view should not be adopted.
It is to be noted that, it is a well settled principle that procedural laws are always retrospective in operation
unless there are good reasons for the contrary. The provisions in this case will apply to proceedings already
commenced at the time of their enactment. So that means CPC has retrospective operation right ??
NO. The reason is that no one can have vested right in forms of procedure & therefore Code of Civil Procedure is
NOT retrospective in operation.

8. SCHEME OF THE CODE
• Code can be divided in two parts:
• 1. Body of the code containing 158 sections. CANNOT be amended except by legislation.
• 2. The First Schedule containing 51 orders. CAN be amended by the HC and it will be deemed to be the art of the code.