MAHIMA BALAJI
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CPC Notes
INTRODUCTION AND HISTORY
-While the function of substantive laws is to confer substantive legal rights or status, or define legal duties.
The function of procedural laws are to provide machinery or the manner in which the legal rights or status
and legal duties may be enforced or recognised by a Court of law/tribunal.
-Procedural law is an adjunct to substantive law, and the two are complementary.
-First uniform civil procedure code was enacted in 1859, but was not made applicable to Supreme Courts.
In 1908 the CPC was enacted and amended by two key amendments of 1951 and 1956.
-Certain considerations with which the CPC was forwarded — !
(a) fair trial and principles of natural justice !
(b) effort to expedite the disposal of civil suits and proceedings so justice isn’t delayed!
(c) procedure not to be complicated and ensure fair deal to power sections
-1976 Amendment !
(a) Res Judicata made more effective !
(b) Power to transfer proceedings from one HC to another given to the SC. !
(c) Freedom from attachment of a portion of salary to all salaried employees. !
(d) Provision of giving notice under Section 80 before institution of a suit against the government or a
public officer is made less stringent. !
(e) Restrictions on the right to appeal and recision !
(f) Scope of summary trials widened !
(g) Important relief provisions to poorer persons
-1999 and 2000’s Amendments !
(a) In several matters like summons, written statements, amendment of pleadings, document production,
etc., time limit prescribed. !
(b) Provision for dispute settlement !
(c) Adjournments have been restricted !
(d) Provision of recording evidence by Court Commissioner !
(e) Provision for filing appeal. !
(….)
-The object of the code, as stated in the Preamble, is to consolidate and amend the laws relating to the
procedure of Courts of Civil Judicature.
-Thus it is a consolidated Code collecting all laws relating to procedure to be adopted by civil courts.
Designed to facilitate justice and further its ends.
-While the Code is exhaustive on matters specifically dealt but it, it is not exhaustive on points it does not
specifically deal with. In such matters, the court has the power to act according to principles of justice,
equity and good conscience.
-There must be a harmonious construction between the Orders/Rules and the Sections. In case of conflict,
the latter will prevail.
SCOPE OF CPC — JURISDICTION OF CIVIL COURTS
-Jurisdiction (juris + dicto = I speak by the law)
-It means the power or authority of a court of law to hear and determine a cause or a matter.
-It is the power to entertain, deal with and decide a suit, action, petition or other proceeding. In other
words, jurisdiction is the authority which a court has to decide matters that are litigated before it, or to
take cognisance of matters presented in a formal way for it’s decision.
-If a Court has no inherent jurisdiction, neither acquiescence, waiver nor estoppel can create it. A defect of
jurisdiction strikes at the authority of a court to pass a decree, where a decree passed by a court without
jurisdiction is a coram non judice.
-Conversely, where a court has jurisdiction to decide a dispute, the same cannot be taken away or ousted by
consent by the parties. An agreement to oust absolutely the jurisdiction of the court would be unlawful and
void and against public policy. But if two or more courts have jurisdiction to try the suit, parties may
select a particular forum and exclude the other forums.
-Generally the jurisdiction of a court should be decided on the basis of a case put forward by the plaintiff in
his plaint and not by the defendant in his written statement.
