Implemented not in 1806, but much before that

Conflict: cpc prevail over high court rules, high court can amend with respect to
court rules with respect to its jurisdiction
Procedural and substatitive law
Procedural is followup of substantive. Cpc also means to enforce some rights wich r
not otrwise prescribed. Cpc is not entirely procedural in natire. In the 2 nd part- orders
an rules- procedural, 158 sections of cpc are substantive. Procedural law gives the
enforcemrnt mechansism to use in a court by which u can redeem ur ritd wich r
violatd.
Cpc is an adjective law- y- cos in India civil ris r provided evry wer, contract act,
motor vehicle aciden act, econsumer rit law, etc all have it, now wen a procedural
law as an indi u can useit to realize ur main substatitve law it is a adj law.
History of law:
1908- current form cpc enacted, first tym cpc was enacted in 1859, jus aftr d
mutiny. But 1859 code was not applicable to presidency
Another code in 1877- same problem, areas exluded- short life-5 years.
1882 code- backgrpund for 1908 code- made app to entire lim, not limted toany
area, but no clarity on wer and how to approach the corut, no res judicata,(not in
1908 to), y he wud nb treated different frm oanr part, maintaince of supremacy of
britishers, so it did not usd properly
1. Indains gave cases; flurry of case, alspo nwen britishers wanted to sue
someone u cudnot get an immediate relief cos of no res judicata
1908 cpc: good legislation: subsative potions still remain, have not been changed
yet,
1951 and 1956: amendments: names of courts changed
1976: 1st major amendement: lots of changes made, more inclsoins like the princi of
atural justice etc- object changes from rendering justice to rendering effective,
efficient and speedy fair justice- fair speedy trial to evry litigant assured
Changes :
1. Doctrine of res judicata enforced
2. Power to transfer cases from one HC to another was formally givn to SC-the
logic behind it is keepin in view the mindest of the common layman who need
not hav any legal knowledge and hence it wud b inconvenit for the court nad
the people.

3. Freedom from attatchment of a particular portion of a salary was granted to

all salry clas employees: art 28- lively hod, wen salary is attached which is
the source of day to day life, it is harsh on people to sustain daily. Property
but is k cos it is not ur daiyly life ka source, it may attach ur house, but u r
stil allowed to live in it.
4. Provision uder sec 80 of giving a notice to the government before institutiong
a suit against a govt officer or government as such was made less stringent
or les complicated.
5. Restriction on appeals were imposed- helps in protecting thej rights of the
other party against harrasment
6. Proviosn of reviosn and review clearly demarcated
7. Submission of docu to the court simplified
8. Order 32 a inserted for governing the family dispute or family matter
Reviosn: errors due to technicalities, as in name of complaintant etc, review is
on merit of judgment of
9. Scope of summary trials were widend- petty cases wud b puled in here and
disposd off speedly, those cases where there is no need of interpretation of
law etc
10.Practice of passing preliminary and final decree abolished- earlier prelim
decree for stays etc took a lot of tym, it is no more a rit, it is at the discretion
of court of giv a prelim law or no
11.Poorer sections were givn relief
Suit ofr forma populace- if u r insolvent, u cant approach the court. Aftrr the
amendment evn an indignant u can approachthe court. The limit is a person
having property worth 1000 or les
Justice malimath committee: furhtur remove the prblms in cpc
Upto 3 adjournmet is a mater of rti
1999 and 2004 amendment:
1.
2.
3.
4.
5.

Time limit for issueing summons filing of written satemnet,,

Outside court settlement procedure was introduced
No of adjournments restricted
Provision of recording evidence bythe court commissioner
Scope of appeal curtailed : latters patent appeal curtailed almost, aftr sinlge
judge has decide something u cant go for div bench of sam high court unless
there is consti ques

Parts: two
Sec 1-sec 158: substantive: de ritd of determination of jursidictionof civil courts in
India
51 orders and subsequent rules: manner mode and practice of determination of a
case from on the first day of filing.
CPC is procedural in n ature, doesnt giv u any rit

Procedural l aw can have retrospective operation- nani gopal mithra v state of bihar,
but CPC doesnot have a retrospective op, it commences from 1 jan 1909. It is a
prosperctiv le: gerikapathi veerayya v n subbayya reddy
Vareed Jacob v Sosamma Geevarghese- sections are matter of leg, can b eamende
by the leg aalone, but order can b amended by courts
State of up v pandit Chandra bhashan concurrent judgemenet
Procedural law can be retrospective, but CPC is prospective
DENITIONS:
Decree: Sec 2 (2): formal expression of adjing with sofasr as regards as court
expressing ti conclusively det the rights of the parties with respect to any or al
matters of controversy in the suit and mayb either preliminary or final in natu
Decree is final in nature. Decress is brott into ques in al cases
1st imp aspect: adjing, suit, rights of parties, conclusive determination
Adjudication:adjing before the court of law, no admn tribunal can pass a decree,
they cant adj. only courts adj.
In cases of arbitration, the court of law makes a statement : we giv permisin for
award- something of sorts- this line is the decree
Wat constitutes adjing:
1. Ther must eb adjing
2. The adjin must have been done in a suit
3. It must have det the rights of the parites with respect to ol or any of the
matters in the controversy
4. Such det must be of conclusive nature
5. There must be a formal exprsion givning effect to ethe adjing
Conclusive nature: if there are 4 isues in apart suit: there has to be four
directions in the case, there should b no ambiguity in htat court at that moment
For a decision of a court to b decree ther must b adjing thart is juducial det of the
matter in dispute. If ther is no jud det of any matter in dispute, it is no ta decreeMadan Naik v Hansu Baladevi.
Suit: Hansraj Gupta v Official Liquidators of DehraDHun Masoori Electrate Tramway
Company Limited
Privy Council judgement

The word suit ordinarly means acivil proceding instituted by the presentation of
plaint
Chaleges: challenge decre, say it was not a suit in the firt place- compat
Exception to plaint: there can b suit not starting with plaint, this is but not
universally applicable. Of r that it has to b proved that there is clear cut case of bais
in the tribunals judgment- but it is not ec, if ajudge has a conventional mindset, its
hard to get a prelim decree
Interim relief-stay- preliminary decree
Exceptions:
It means if there is no civil suit there is no decree, thus rejection of an application
for leave to few informa pauperis is not a decree as there is no plaitn involved in it
and it is mere application. The app of leave is filed under order, it is a procedureal
right, it is not a decree
Subatative rights: decree, procedureal rights: order
Rights of the parties in controversy: right means substantive rights of the parties
and not merely procedural rights- Dattatreya v Radhabhai
Rights of the parties relating to the status, limitation jurisdiction etc are termed as
rights of the parties for which a decree can b passed: limitation isaslso a right
8/7
There is nothing in the cpc with prohibits passing of more than on prelim decree if
facts and circumstatnces justify the same: Phoolchand v Gopal lal.
The court also said that we r not inclined to apply this to all suit, it is just for
partition suit
Final decree: final disposal of suit thru a decree that det the rits of parties
Final decree is defined as completely disposes of the rights and obligations in
particular suit and conclusively settles all ques in controversy between the parties
and nothing remains firthur to b delibereated or decided.
Decree binds both the parties, one favorable and other unfavorably
Gulsam Bivi v Ahmed Asa Rowther issue: could ther b a prelim and final dcreethere could b one prelim decree and one final decree.
Kasi v Ramanathan Chettair: this case goes on that in part case If the facts and
circumstances justify the rights of the parties at different occasions then ther could
b more than one prelim decree and one final decree.

Shanker v shankernath: civil rights in a particular suit mayb of complicated nature

which either is interconnected or mayb distantly connected. Hence ifthe facts and
circumstances justify in the suit a judge mab inclined to pass more than one final
decree.
a decree wich contains certain rights of conclusive determination from the court
wich are settled at that occasion or that moment but associated rights are left to b
determined at a furhtur stage, den such situation gives rise of pronouncing a decree
wich mayb partly prelim and partly final