Historical Background of the Code of Civil Procedure 1908
Before 1859, no unified legislation governed civil courts in India. Various systems of civil procedure were in place in provincial and crown courts, each with its specific rules. The Civil Procedure Code (Act/VIII of 1859) was introduced as the first standard code but lacked effectiveness, especially in top courts and Sadar Diwani Adalat.
Following the Indian High Courts Act of 1861, the Supreme Court and Sadar Adalat were replaced by High Courts in Madras, Bombay, and Calcutta, where the 1859 code was applied. The Code of Civil Procedure 1877 succeeded the 1859 code and underwent amendments in 1878 and 1879. In 1882, the third Code of Civil Procedure was adopted with multiple amendments, eventually being replaced by the current Code of Civil Procedure in 1908, addressing the shortcomings of the previous code.
Code of Civil Procedure (CPC)
The Code of Civil Procedure 1908 is a law that brings together and changes the rules of civil courts. The Ministry of Law and Justice in the government of India oversees this code. It was made into law on March 21, 1908, when the Imperial Legislative Council canceled the Civil Procedure Code of 1882.
In this article, we will look into the reasons for having this code, how it is set up, its different parts, and any changes made to it over time.