JI & GL – Civil Procedure Code 1908 – Need, Aim and scope
Civil Procedure Code (CPC)
Civil Procedure Code lays down the procedure to be followed in the Civil Courts in deciding the cases. Civil Procedure Code is the general law relating to Civil Suits. It prescribes the laws and procedures to be followed in deciding the civil cases.
The code is divided into 2 sections. 1st Section consists of 158 Sections which is the Substantive Law and the 2nd Section consists of 51 Orders which further contains several Rules which is the Procedural Law.
This code is also called as CPC in layman language. CPC is not just a short form but is generally referred to as same in general language.
Why Civil Procedure Code is required or why is there a need to create such a Code or Law?
The answer is pretty simple though i.e. to carry on things in a smooth manner or we can say to avoid the disputes or either to resolve the disputes smoothly we need some strong base to be relied upon. In other words, as we have specific laws related to property, taxation matters, corporate matters, industrial laws etc similarly this Code has been created for the efficient performance of the duties and responsibilities of the Company Secretary and it also provides the parameters of the pursuance of legal action.
We will learn further about Substantive Law & the Procedural Law:
- Substantive Law: The 1st division is the law which determines the rights & obligations, confers legal status, imposes and defines the nature & extent of the legal duties of the parties to the dispute. This division can only be amended by the PARLIAMENT.
- Procedural Law: The 2nd division is the law which prescribes the practice, procedure, and machinery for determining for enforcement or recognition of rights & obligations of the parties to the disputes. This division can only be amended by the HIGH COURTS.
“SUBSTANTIVE LAW IS THE END whereas the PROCEDURAL LAW IS A MEANS TO ACHIEVE THE END.”
We can say; Procedural Laws are SUBORDINATE to the Substantive Laws.
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What is the OBJECT of the Civil Procedure Code?
The object of creating the code is really simple i.e. to create Jurisdiction while the Rules indicate the mode in which the jurisdiction should be applied or exercised.
However, in case of any CONFLICT between the body and the Rules, the former i.e. the body shall prevail over the rules.
What is the SCOPE of the Civil Procedure Code?
The Code deals into or with the matter of or specifies laws relating to the procedure of the Courts of Civil Jurisdiction. Also, the Code DOES NOT SUPERSEDE any special enactments or laws or even the local laws nor the special judgments or any special power conferred or specified under any other law.
Hence, in case of any CONFLICT between the Code and the special law, the latter i.e. the special law shall prevail over the Code.
The Code uses several legal terms such as Cause of action, decree, judgment, appeal, reference, review, res judicata, res subjudice, reference, etc which cannot be understood by the layman unless and until it has been understood specifically. We will have an understanding of these terms in our further articles.
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