In 1908, the Indian Civil Procedure Code was introduced to take care of the civil proceedings in India. CPC full form, the Civil Procedure Code denotes the machinery and procedures to be undertaken to enforce the laws and rights that have been devised for the better functioning of the government and the people of India. We have come up with this blog to guide you more about the CPC full form in law.
Given below are some interesting facts about the full form of CPC that you ought to know. So, without further delay, let’s begin.
1. Historical background of civil procedure code
In 1859, the Civil Procedure Code was introduced. However, it could not serve the purpose as people expected as it was not suitable for the Supreme Court. Therefore, in 1861, the Indian High Courts Act was passed, which later became known as the CPC, where CPC stands for Civil Procedure Code. Over the years, the CPC was amended at regular intervals, and ultimately the last amendment was made in 1908.
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2. Scope of civil procedure code
Although the code is considered exhaustive in matters dealt directly with, it is comprehensive in other cases. When making the CPC, the framers failed to foresee the possible circumstances that might arise in the future. As the CPC is a general procedural law, it has nothing to do with the special or local forces.
3. Scheme of civil procedure code
The CPC ka full form being Civil Procedure Code has two parts – one is the body, and the other is the schedule. The body of the code is further divided into 12 parts with a total of 158 sections. While the body of the code outlines the general principles relating to the power of the court, the schedule details the procedures, methods, and manners in which the jurisdiction of the court should exercise.
4. Salient features of civil procedure code
The CPC applies to entire India except in the states of Jammu and Kashmir, Nagaland, and related other tribal areas. The extension of the code can be used to either be a part of the state or the entire state. The CPC made the functioning of the civil courts simple and effective. Since the CPC is a general law, it has no connection to the local and special rules.
5. Changes made after amendments 1999 and 2002
According to the amendment, a summons has to be delivered within 30 days. A written statement has to be filed within 30 days. There has been an increase of Rs. 5000/- for non-appearance and default. A decree of payment can lead to the detainment of a person. On the other hand, disputes that have a value of less than Rs. 1000/- cannot be appealed for.
6. Difference between decree, judgment, and order
The decision that the court announces after hearing the case is known as a decree. When announcing a decision, the court will explain the grounds on which it took such a decision to clear the confusion from the minds of the parties involved in the case. An order is similar to a decree, but it will not point out the liabilities or rights of the parties involved in the case. Orders can be categorized into appealable and non-appealable.
7. Jurisdiction and important doctrines
Jurisdiction means the court’s authority to cater to suits, appeals, and applications to administer justice for various cases. Jurisdiction of the civil court can be classified into – territorial or local jurisdiction, pecuniary jurisdiction, jurisdiction over the subject matter, and original and appellate jurisdiction. Here, every law student should understand the terms’ res subjudice’. The phrase ‘res subjudice’ means a matter in which the judicial enquiry is pending. On the other hand, the word’res judicata’ means a case already been decided by the court concerned.
8. Interlocutory applications
Under various rules and regulations, different interlocutory applications are provided. Almost every civil proceeding uses interlocutory applications. In a way, interlocutory applications can be said to be an integral organ of civil proceedings.
9. Special suits
Special suits can be categorized as suits by indigent persons and inter-pleader suits. For filing a case in a civil court, a party has to pay a fee to the court. An indigent person is one who fails to pay this fee. Although there is no existence of inter-pleader suits in the CCP 1908, it plays a vital role. Inter-pleader means a third party is involved in finding out a suitable solution to a case.
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Therefore, the Code of Civil Procedure is made effective to deliver unbiased and impartial justice to the people of the nation. In short, it can be said that the Code of Civil Procedures can be incorporated into inherent powers.