The Code of Civil Procedure, 1908, is a procedural law in India that lays down the rules for how civil courts should function. It tells us how a civil case (non-criminal case) should be filed, heard, and decided.The Black’s Law Dictionary defines a Civil Procedure as “A body of law concerned with the methods, procedures and practices used in civil litigation.” The Code of Civil Procedure is established in view of regulating the procedures followed by the civil courts. It is intended to formulate the appropriate jurisdictions and indicate the mode of implementing the same.
Why is CPC Important?
- It ensures uniformity in the procedures of all civil courts across India.
- It protects the rights of both parties (plaintiff and defendant).
- It helps in speedy and fair justice in civil disputes.
Objective
The Code of Civil Procedure seeks to consolidate and amend the regulations pertaining to the procedure of the courts of Civil Jurisdiction. The Code doesn’t affect any special or local laws and doesn’t supersede any special jurisdiction, power or a special form of procedure prescribed by or under any of the prevailing laws.
Hierarchy of Civil Courts
The laws pertaining to the Civil Procedure Code provides that with respect to this provision, the District Court is subordinate to the High Court and every Civil Court is graded inferior to that of a District Court. Courts of small causes are subordinate to the High Court and District Court.
Jurisdiction of Civil Courts
Jurisdictions, as people in legal circles would be aware of, is the authority by which a court determines matters that are brought before it for adjudication. The limit of such authority is imposed by a charter, statue or a commission. In the absence of such defined limits, the jurisdiction is unlimited. There are four kinds of limitations on the jurisdiction of a civil court, which is elucidated below:
Jurisdiction Over the Subject Matter
The jurisdiction to try relevant subject matters by certain courts are limited by the statue.
Jurisdiction Over Territory
Every court is vested with a territorial limit as allotted by the Government, thereby enabling it to try matters falling within its jurisdictional purview.
Jurisdiction Over Persons
People of all nationalities are under the jurisdiction of the Civil Courts of the country, with the exception of a foreign state.
Pecuniary Jurisdiction
The option of pecuniary jurisdiction empowers the court to hear matters based on the valuation of the case. The rules pertaining to this provision varies in accordance with the different states.
Jurisdiction of Civil Courts
Jurisdictions, as people in legal circles would be aware of, is the authority by which a court determines matters that are brought before it for adjudication. The limit of such authority is imposed by a charter, statue or a commission. In the absence of such defined limits, the jurisdiction is unlimited. There are four kinds of limitations on the jurisdiction of a civil court, which is elucidated below:
Jurisdiction Over the Subject Matter
The jurisdiction to try relevant subject matters by certain courts are limited by a statue.
Jurisdiction Over Territory
Every court is vested with a territorial limit as allotted by the Government, thereby enabling it to try matters falling within its jurisdictional purview.
Jurisdiction Over Persons
People of all nationalities are under the jurisdiction of the Civil Courts of the country, with the exception of a foreign state.
Pecuniary Jurisdiction
The option of pecuniary jurisdiction empowers the court to hear matters based on the valuation of the case. The rules pertaining to this provision varies in accordance with the different states.
Other Jurisdictions
- Original Jurisdiction –where a court tries and determines the suit before filing it.
- Appellate Jurisdiction –where a court hears appeals against the decisions or decrees passed by the subordinate courts.
- Original and appellate jurisdiction – where the Supreme Court, the High Courts and the District Courts have both original and appellate jurisdiction in various matters.
Hearing of Civil Suits
The laws pertaining to Civil Procedure Code entitles the Courts to try all suits of a civil nature, except the ones wherein the cognizance is either expressly or impliedly barred. A suit is expressly barred if a legislation expressly states so and is impliedly barred if a statue creates new rights or liability and prescribes a particular tribunal or forum for its assertion. Rights created by a statue and a special tribunal or forum is provided for its assertion and enforcement, and the ordinary Civil Court does not hold jurisdictional rights for such disputes.
Stay of Suites
Section 10 of the Code of Criminal Procedure prohibits any Court from processing the trial of any suit wherein the subject matter is directly and substantially proportional to a previously instituted suit between the same parties if such a case is pending in any of the Indian Courts. However, if the suit is under pendency in a foreign court, the Courts in India may go on and try a suit under the same cause of action.
Conditions for Stay of Suites
- Two suits are initiated at different times.
- The matter in issue in the later suit should be directly and substantially proportional to the earlier suit.
- The suit should be identical between the same parties.
- The earlier suit is still under process in any of the Indian courts.
Institution of Suits
The following property-related suits must be instituted in the Civil Court of the respective jurisdiction:
- Recovery of immovable property with or without rent or profits.
- Partition of immovable property.
- Foreclosure of sale or redemption in the event of a mortgage or charge upon immovable property.
- Compensation for wrong to immovable property.
- For the recovery of movable property actually distrait or attachment.
FAQs
What is the Code of Civil Procedure?
The Code of Civil Procedure (CPC) is a law that sets the rules for how civil (non-criminal) cases are handled in Indian courts. It helps courts and parties follow a step-by-step process for justice.
When was the CPC enacted?
The CPC was first enacted in the year 1908 and is still in use, with several amendments over time.