Code of Civil Procedure, 1908

Introduction to Code of Civil Procedure (CPC):

The Code of Civil Procedure, 1908 (CPC) is a comprehensive legislation in India that governs the procedures to be followed by civil courts while adjudicating civil disputes. It does not define the rights themselves but prescribes the methods and processes for enforcing civil rights and obtaining remedies. The CPC ensures that civil disputes are resolved in an orderly, fair, and timely manner while maintaining consistency in judicial proceedings across India.

It applies to all civil courts in India, except where special laws provide different procedures. It provides rules for filing suits, service of summons, framing of issues, examination of witnesses, execution of decrees, and appeals. Over the years, it has been amended to make civil justice more speedy and efficient, including reforms to reduce backlog and simplify procedures.

Objectives of the Code of Civil Procedure:

1. Provide a Uniform Procedure:
   • To establish a standardized and systematic procedure for conducting civil suits and appeals across India.
2. Ensure Fair Justice:
   • To safeguard the rights of litigants by ensuring that legal procedures are followed consistently and fairly.
3. Efficient Adjudication:
   • To facilitate speedy disposal of civil cases, thereby minimizing delays in justice.
4. Execution of Decrees:
   • To provide a legal framework for the enforcement of civil judgments and decrees.
5. Regulate Civil Court Powers:
   • To clearly define the powers, duties, and jurisdiction of civil courts.
6. Prevent Abuse of Process:
   • To prevent frivolous or vexatious litigation by prescribing rules for pleadings, evidence, and appeals.