Code of Civil Procedure (India)

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

History
To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it was felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of times it has withstood the test of time.

Amendments
The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of civil cases governed under the Act.

Civil Procedure Code (Amendment) Act 2015
Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.

The Code of Civil Procedure, 1908 was further amended in the year 2018.

Judgement and Decree
Section 33 - Judgement and Decree

Interest
Section 34 - Interest

Questions to be determined by the Court executing decree.
Section 47 - Questions to be determined by the Court executing decree.

Limit of time for execution
Section 48 - [Repealed]

Delegation to Collector of Power to execute decrees against immovable property.
Section 68 to 72 - Repealed.

Distribution of Assets
Section 73 - Proceeds of execution-sale to be rateably distributed among decree-holders.

Resistance to Execution
Section 74 - Resistance to execution.

Suits against Rulers of Former Indian States
Section 87B- Application of sections 85 and 86 to Rulers of former Indian States.

Interpleader
Section 88- Where interpleader-suit may be instituted.

Arbitration
Section 89- Settlement of disputes outside the Court.

Special Case
Section 90- Power to state case for opinion of Court.

Arrangement of Schedules
=== Order 1- Parties to Suits ===

Order 3- Recognized Agents and Pleaders
=== Order 4- Institution of suits ===

Order 9- Appearance of Parties and Consequence of non-Appearance | Setting aside Decree ex-parte.
=== Order 10- Examination of Parties by the Court ===

Order 11- Discovery and Inspection
=== Order 12- Admissions ===

Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon.
=== Order 15- Disposal of the Suit at the First Hearing ===

Order 16- Summoning and Attendance of Witnesses
=== Order 15-A- Attendance of Witnesses Confined or Demand in Prisons ===

Order 19- Affidavits
=== Order 20- Judgement and Decree ===