PRELIMINARY
1. Short
title, commencement and extent.—(1) This Act may be cited as the Code of Civil Procedure,
1908.
(2) It shall
come into force on the first day of January, 1909.
1[(3) It extends to the whole of India
except—
*[(a) the State
of Jammu and Kashmir;]
(b) the State
of Nagaland and the tribal areas :
Provided that
the State Government concerned may, by notification in the Official Gazette,
extend the provisions of this Code or any of them to the whole or part of the
State of Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications as may be specified in
the notification.
Explanation.
— In this clause, “tribal areas” means the territories which, immediately
before the 21st day of January, 1972, were included in the tribal areas of
Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.
(4) In
relation to the Amindivi Islands, and the East Godavari, West Godavari and
Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory
of Lakshadweep, the application of this Code shall be without prejudice to the
application of any rule or regulation for the time being in force in such Islands,
Agencies or such Union Territory, as the case may be, relating to the
application of this Code.]
1. Subs. by
Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977).
* Omitted by Jammu and Kashmir Reorgnisation Act, 2019.
In "Red" colour it is portion as it in the bare act of CPC.
Explanation:
As it is
evident from its name “Code of Civil Procedure”, it mainly lays down the
procedure to be adopted in civil courts, and its principles may be applicable
in other courts, like writ courts, and Tribunals to the extent the enactments
establishing the Tribunals provide for it. It provides for a fair procedure for
redressal of disputes. The other party may know what is the dispute about?,
what defence it can take?, and how both the parties may proceed to prove their
respective cases?.
The purpose of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’) is to provide a litigant a fair trial in accordance with the accepted principles of natural justice.
Short Q and A:
1. When did CPC come in to force?
Ans. 1st January, 1909
2. How CPC is applicable in State of Jammu and Kashmir throughout the History?
Ans. When CPC came in to force in 1909 it extended phase wise all over India under British Rule. After independence it was applicable in new India. Then in 1977 due to Act 104 of 1976 it was abolished in State of Jammu and Kashmir. But since 2019 with effect of The State of Jammu and Kashmir Reformation Act, 2019 the CPC came in to effect in the said State. During the period from 1977 to 2019 The State of Jammu and Kashmir Code of Civil Procedure Act, 1977 was enacted in that area.
3. In which area of India it is still not applicable?
Ans. In state of Nagaland and in the Tribal, areas as defined in paragraph 20 of the 6th Schedule of the Constitution of India, CPC is not applicable even today.
4. What is the purpose of CPC?
Ans. CPC lays down the procedure to be adopted in civil courts.
5. Does CPC supports principles of Natural Justice? How?
Ans. Yes CPC supports principles of natural justice. As CPC is to provide a litigant a fair trial in accordance with the accepted principles of natural justice
References:
1) http://egazette.nic.in/WriteReadData/2019/210407.pdf
2) http://www.nja.nic.in/16%20CPC.pdf
Section 2. Definitions.
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