Salient Features of Civil Procedure Code 1908 – The Civil Procedure Code (CPC) of 1908 is a comprehensive legislation that governs the procedural aspects of civil cases in India.
The Civil Procedure Code (CPC) of 1908 is a comprehensive legislation that governs the procedural aspects of civil cases in India. It outlines the rules and procedures to be followed by courts while adjudicating civil disputes. Here are some of the salient features of the Civil Procedure Code, 1908:
Salient Features of Civil Procedure Code 1908
Applicability and Jurisdiction: The CPC applies to all civil suits and proceedings in Indian courts, except where specific laws or regulations provide otherwise. It delineates the jurisdiction of different courts based on the subject matter, territorial limits, and pecuniary value of the dispute.
Institutional Framework: The CPC establishes a hierarchical structure of courts, ranging from district courts to high courts and the Supreme Court. It defines the powers and jurisdiction of each level of courts, including their appellate functions.
Pleadings and Documents: The CPC lays down the rules for initiating a civil suit through the filing of a plaint. It specifies the necessary contents of a plaint, including the parties’ names, facts of the case, and the relief sought. Additionally, it governs the filing of written statements by the defendants and the subsequent exchange of documents between the parties.
Summons and Notice: The CPC sets out the procedure for the issuance of summons to parties involved in a civil case, directing their appearance before the court. It also governs the issuance of various types of notices, such as notice to admit documents, interrogatories, and notice to produce documents.
Case Management: The CPC provides mechanisms for efficient case management. It empowers the courts to frame issues for determination, record evidence, and conduct examinations of witnesses. It also allows for the submission of documents and the examination of parties involved in the case.
Interlocutory Orders: The CPC permits the courts to issue interim or interlocutory orders to ensure fairness and prevent injustice during the pendency of a civil suit. These orders may include injunctions, attachments, and appointment of receivers, among others.
Appeals and Revisions: The CPC outlines the procedure for filing appeals against judgments and orders of lower courts. It delineates the powers of appellate courts, allowing them to review and modify the decisions of lower courts. Additionally, it provides for the revisional jurisdiction of higher courts to correct errors of law or jurisdiction.
Execution of Decrees: The CPC provides the mechanism for executing decrees issued by civil courts. It specifies the procedures for the attachment and sale of properties, arrest and detention of judgment debtors, and recovery of money decrees.
Alternative Dispute Resolution: While the CPC primarily focuses on court proceedings, it also recognizes the importance of alternative dispute resolution mechanisms. It encourages parties to explore arbitration, mediation, and conciliation to resolve disputes outside the court system.
Limitation and Prescription: The CPC includes provisions on limitation periods, which define the time limits within which a civil suit must be filed. These limitations prevent the enforcement of stale claims and ensure the timely resolution of disputes.
It is important to note that the Civil Procedure Code, 1908, has undergone several amendments over the years to address emerging legal challenges and enhance access to justice.