Civil Procedure Code 1908
Overview
This is only brief introduction about CPC 1908.
Introduction of CPC 1908
About Code of Ciivil Procedure Code 1908
Introduction
The Civil Procedure Code was passed in 1908 and came into force from 1st January 1909. The Civil Procedure Code neither creates nor takes away any right. It is intended to regulate the procedures followed by the civil court.
Laws can be divided into two groups –
- Substantive law
- Adjective or Procedural Law
The substantive law determines the rights and liabilities of parties and adjective or procedural law prescribes the practice, for the enforcement of those rights and liabilities. The efficiency of substantive laws depends upon the quality of procedural laws. Thus, procedural laws are an accessory to substantial laws. These two are complementary to each other and they are interdependent.
Procedural laws give life to substantial laws by providing the remedy and by implementing the maxim ubi jus ibi remedium. Some examples of the procedural law are the Civil Procedure Code, Code of Criminal Procedure, and Indian Evidence Act. Indian Penal Code, Indian Contract Act, the Transfer of Property Act are examples of substantive law.
It was amended in 1877 and, subsequently, in 1882, however, those amendments did not serve the purpose, therefore, the present Code of Civil Procedure was enacted in 1908. It was drafted by the Committee headed by Sir Earle Richards.