The Code of Civil Procedure, 1908 regulates the laws relating to practices and procedures to be followed by the Civil Court. Here the word is used “CODE“, the meaning of that term is a systematic collection of the statutes or body of laws that are arranged to avoid the inconsistency and overlapping in the procedures of the Civil Courts.
The Code has divided into two parts and they are –
- The Body of the Code
- The Schedule
The Code has 12 parts containing 158 sections. The Body of the Code lays down general principles relating to the Power of the courts.
The schedule is the second part of the code containing orders and rules. Mainly, the schedule provides for the procedures and methods in which the jurisdiction of the court may be exercised.
In fact, there were five schedules when this code was enacted. Later the Schedules II, III, IV and V were repealed by the subsequent amendments of the code.
The first schedule which is the only one schedule to the code right now has 51 Orders. Each order contains rules and procedures that vary in number from order to order.
There are eight Appendices in the code which have given formats of the various forms.
The Object of the Code
The main object of this code of civil procedure, 1908 is provided in the Preamble of the Code. And, the object of the code is to consolidate and amend the laws relating to the procedure and practices followed in the Civil Courts in India.
The Civil Procedure Code regulates each activity in civil courts and the parties before it till the execution of the degree and order.
This code enforces the rights and liabilities to the individuals or groups of persons to ensure fair justice.
Nature and Scope of the Code
The Code is exhaustive on the matters directly dealt with it but it is comprehensive in other issues. The framers of the code could not foresee the possible circumstances which may arise in future litigations and could not provide the procedure for such situations.
Hence the framers of the code (legislature) provided inherent powers to the court to meet such circumstances (where the code could not provide a procedure) according to the principles of natural justice, equity and good conscience.
As this Code is a general procedural law, it does not contradict the local or special law in force.
In the event of any conflict between the civil procedure code and the special law, the special law will prevail over the civil procedure code. In case the local or general law is silent on any matter, then the provisions of the civil procedure code will prevail.
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