Code of Civil Procedure (CPC) 1908 - Overview and FAQs

Background and Timeline

• In 1859, the first Code of Civil Procedure was enacted under British rule.
• On March 21, 1908, the current Code of Civil Procedure, 1908, was enacted.
• In 1976, major amendments were introduced to expedite civil litigation (e.g., limiting adjournments).
• In 2002, further amendments enhanced case management and alternative dispute resolution mechanisms.

Structure

The CPC comprises 158 sections, 51 orders, and 11 schedules. The outline of the Code is as follows:

Key Objectives and Provisions

The CPC aims to provide a uniform procedure for civil litigation to ensure justice. Key provisions include:

• Jurisdiction and res judicata: Defines court jurisdiction and prevents re-litigation (Sections 9-14).
• Execution of decrees: Governs enforcement of court orders (Sections 36-74).
• Key provisions:
  • Section 9: Courts to try all civil suits unless barred.
  • Section 11: Res judicata prevents re-litigation of settled matters.
  • Order XXI: Detailed rules for execution of decrees and orders.
  • Section 89: Promotes alternative dispute resolution (mediation, arbitration).

Implementation

• The CPC came into effect on January 1, 1909.
• Amendments in 1976 and 2002 streamlined procedures and introduced case management.
• Courts apply CPC provisions, with High Courts framing rules under Section 122.

Key Considerations

• Ensures fair and timely resolution of civil disputes.
• Challenges include delays due to procedural complexities and court backlogs.
• The CPC remains a cornerstone of civil justice, balancing tradition with modern reforms.