Citation Act No. 5 of 1908 Date commenced 1 January 1909 | Date enacted 1 January 1909 | |
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Enacted by Imperial Legislative Council (India) | ||
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.
Contents
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
History
To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, not applicable to Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. But it did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfil the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it stood the test of time.
Amendment
The Code of Civil Procedure has been substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of Civil cases governed under the Act.