0901 Module 01 CPC 01 Objects, Purpose and History

Objects, Purpose and History of the Civil Procedure Code

Objects and Purposes of Civil Procedure Code

The Code of Civil Procedure, 1908 (CPC) is a procedural law that governs the conduct of civil cases in India. It sets out the rules for filing a suit, serving summons, conducting discovery, taking evidence, and enforcing a decree.

 

The objects and purposes of the CPC are:

·       To provide a fair and impartial forum for the resolution of civil disputes.

·       To ensure that justice is dispensed in a timely and efficient manner.

·       To protect the rights of the parties to a civil dispute.

·       To promote access to justice for all.

 

 History of the Code of Civil Procedure

The CPC is the primary law governing civil procedure in India. It was enacted in 1908, replacing the Code of Civil Procedure, 1859. The 1859 Code was based on the English Common Law, and it was found to be unsuitable for the Indian context. The CPC of 1908 was drafted by a committee of Indian and British judges, and it was designed to be more suited to the Indian legal system.

The CPC has been amended several times since it was enacted. The most recent amendment was made in 2002. The amendments have been made to address the changing needs of the Indian legal system and to improve the efficiency of the civil justice system.

Here are some of the key events in the history of the CPC:

·      1859: The Code of Civil Procedure, 1859 is enacted.

·      1908: The Code of Civil Procedure, 1908 is enacted, replacing the Code of Civil Procedure, 1859.

·      1976: The CPC is amended to introduce a number of significant changes, including the introduction of the concept of summary suits.

·      2002: The CPC is amended again to make further changes, such as the introduction of electronic filing of documents.

1859: The Code of Civil Procedure, 1859 is enacted

The Code of Civil Procedure, 1859 (CPC 1859) was the first comprehensive law governing civil procedure in India. It was enacted by the British colonial government in 1859, and it was based on the English Common Law. The CPC 1859 was intended to provide a uniform set of rules for civil procedure in India, which was then a patchwork of different systems.

The CPC 1859 was not without its flaws. It was found to be too rigid and inflexible, and it did not take into account the diverse legal traditions and practices of India. As a result, it was often criticized for being unsuitable for the Indian context.

Despite its flaws, the CPC 1859 was an important step in the development of the Indian legal system. It provided a much-needed uniformity to civil procedure in India, and it laid the foundation for the more comprehensive and flexible CPC 1908.

Below are the key provisions of the CPC 1859:

• It established a hierarchy of courts, with the District Court at the top.
• It defined the jurisdiction of the courts.
• It set out the rules for filing and serving of suits.
• It laid down the procedures for pleadings, evidence, and trial.
• It provided for the remedies that could be granted by the courts.

The CPC 1859 was amended several times during its 50-year lifespan. However, it was ultimately replaced by the CPC 1908, which is the current law governing civil procedure in India.

1908: The Code of Civil Procedure, 1908 is enacted, replacing the Code of Civil Procedure, 1859.

The Code of Civil Procedure, 1908 (CPC 1908) was enacted in 1908, replacing the Code of Civil Procedure, 1859 (CPC 1859). The CPC 1908 was drafted by a committee of Indian and British judges, and it was designed to be more suited to the Indian legal system than the CPC 1859.

The CPC 1908 is a more comprehensive and flexible law than the CPC 1859. It takes into account the diverse legal traditions and practices of India, and it provides a more streamlined and efficient system for civil litigation.

Some of the key features of the CPC 1908 that make it more suitable for the Indian context include:

• It provides for a wider range of remedies that can be granted by the courts.
• It allows for summary suits, which are a faster and simpler way to resolve disputes.
• It gives more power to the courts to manage cases and ensure that they are disposed of fairly and expeditiously.
• It provides for greater participation of the parties in the litigation process.

The CPC 1908 has been amended several times since it was enacted, but it remains the cornerstone of the Indian civil justice system. It is a comprehensive and flexible law that has helped to ensure the fair and efficient resolution of civil disputes in India.

Here are some of the reasons why the CPC 1908 was enacted to replace the CPC 1859:

• The CPC 1859 was found to be too rigid and inflexible, and it did not take into account the diverse legal traditions and practices of India.
• The CPC 1859 was criticized for being unsuitable for the Indian context.
• The CPC 1908 was designed to be more suited to the Indian legal system.
• The CPC 1908 is a more comprehensive and flexible law than the CPC 1859.

1976: The CPC is amended to introduce a number of significant changes, including the introduction of the concept of summary suits.

 

The Code of Civil Procedure (CPC) was amended in 1976 to introduce a number of significant changes, including the introduction of the concept of summary suits. Summary suits are a faster and simpler way to resolve disputes, and they are intended to reduce the backlog of cases in the courts.

To be eligible for a summary suit, the claim must be for a debt or other pecuniary claim of not more than Rs. 50,000/-. The suit must also be filed within three years of the cause of action arising.

The procedure for summary suits is simpler than the procedure for regular suits. The plaintiff is required to file a plaint that sets out the claim in simple language. The defendant is then required to file a written statement within 15 days of the service of the plaint.

The court may then decide the suit summarily, without the need for a full trial. The court may also order the defendant to pay the claim within a specified time period.

The introduction of summary suits has been a positive step in the reform of the Indian civil justice system. It has helped to reduce the backlog of cases in the courts and to provide a faster and simpler way to resolve disputes.

Here are some of the key features of the summary suits introduced in the CPC Amendment Act, 1976:

• The claim must be for a debt or other pecuniary claim of not more than Rs. 50,000/-.
• The suit must be filed within three years of the cause of action arising.
• The procedure for summary suits is simpler than the procedure for regular suits.
• The court may decide the suit summarily, without the need for a full trial.
• The court may also order the defendant to pay the claim within a specified time period.

The summary suits have been a useful tool for resolving small claims quickly and efficiently. However, they have also been criticized for being too simplistic and for not providing adequate protection for the rights of the defendant.

Overall, the introduction of summary suits has been a positive step in the reform of the Indian civil justice system. However, it is important to ensure that the summary suits are used in a fair and equitable manner.

2002: The CPC is amended again to make further changes, such as the introduction of electronic filing of documents.

The Code of Civil Procedure (CPC) was amended in 2002 to make further changes, such as the introduction of electronic filing of documents. Electronic filing of documents is a system where documents are filed with the court in electronic form. This is done through a secure online portal.

The introduction of electronic filing of documents has a number of benefits, such as:

·      It reduces the need for physical documents, which can help to reduce the backlog of cases in the courts.

·      It makes it easier for parties to access and share documents.

·      It can help to reduce the cost of litigation.

·      It can help to improve the efficiency of the civil justice system.

The introduction of electronic filing of documents is a positive step in the reform of the Indian civil justice system. It has the potential to make the system more efficient and accessible to all.

Here are some of the key provisions of the CPC Amendment Act, 2002 relating to electronic filing of documents:

·      Section 19A: This section provides for the establishment of an electronic filing system for the CPC.

·      Section 19B: This section provides for the manner in which documents can be filed electronically.

·      Section 19C: This section provides for the security measures that must be taken to protect the confidentiality of documents filed electronically.

 

The electronic filing of documents has been implemented in a phased manner in different courts across India. The Supreme Court of India and the High Courts have already implemented the system, and the lower courts are expected to follow suit in the near future.

The introduction of electronic filing of documents is a significant step in the reform of the Indian civil justice system. It has the potential to make the system more efficient and accessible to all. However, it is important to ensure that the system is implemented properly and that the security of documents is not compromised.

The CPC is a comprehensive law that governs all aspects of civil procedure in India. It covers matters such as the jurisdiction of courts, the pleadings that must be filed, the evidence that can be presented, and the remedies that can be granted. The CPC is an essential tool for lawyers and judges who are involved in civil litigation.

In Summary we conclude that the CPC is an important piece of legislation that governs the conduct of civil cases in India. It is designed to ensure that justice is dispensed in a fair, impartial, and timely manner. The CPC has been amended several times since it was enacted, and it continues to be an evolving document that reflects the changing needs of the Indian legal system.