Implemented not in 1806, but much before that Implemented not in 1806, but much before that
Conict: cpc prevail over high court rules, high court can amend with respect to Conict: cpc prevail over high court rules, high court can amend with respect to court rules with respect to its jurisdiction
court rules with respect to its jurisdiction rocedural and substatitive law
rocedural and substatitive law roced
rocedural is followup of ural is followup of substantive! Cpc also means to substantive! Cpc also means to enforce some rights wich renforce some rights wich r not otrwise prescribed! Cpc is not entirel" procedural in natire! In the #
not otrwise prescribed! Cpc is not entirel" procedural in natire! In the # ndnd part$ orders part$ orders
an rules$ procedural, 1%8 sections of cpc are substantive! rocedural law gives the an rules$ procedural, 1%8 sections of cpc are substantive! rocedural law gives the enforcemrnt mechansism to use in a court b" which u can redeem ur ritd wich r enforcemrnt mechansism to use in a court b" which u can redeem ur ritd wich r violatd!
violatd!
Cpc is an adjective law$ "$
Cpc is an adjective law$ "$ cos in India civil ris r cos in India civil ris r provided evr" wer, contract act,provided evr" wer, contract act, motor vehicle aciden act, econsumer rit law, etc all have it, now wen a procedural motor vehicle aciden act, econsumer rit law, etc all have it, now wen a procedural law as an indi u can useit to reali&e ur main substatitve law it is a adj law!
law as an indi u can useit to reali&e ur main substatitve law it is a adj law! 'istor" of law:
'istor" of law: 1(08$ curr
1(08$ current form cpc enacted, )rst t"m ent form cpc enacted, )rst t"m cpc was enacted in 18%(, jus aftr dcpc was enacted in 18%(, jus aftr d mutin"! *ut 18%( code was not applicable to presidenc"
mutin"! *ut 18%( code was not applicable to presidenc"
+nother code in 18$ same problem, areas e-luded$ short life$% "ears! +nother code in 18$ same problem, areas e-luded$ short life$% "ears! 188# code$ bac.grpund for 1(08 code$ made app to
188# code$ bac.grpund for 1(08 code$ made app to entire lim, not limted toan"entire lim, not limted toan" area, but no clarit" on wer and how to approach the corut, no res judicata,/not in area, but no clarit" on wer and how to approach the corut, no res judicata,/not in 1(08 to, " he wud nb treated dierent frm oanr part, maintaince of supremac" of 1(08 to, " he wud nb treated dierent frm oanr part, maintaince of supremac" of britishers, so it did not usd properl"
britishers, so it did not usd properl" 1!
1! Indains Indains gave casesgave cases2 urr2 urr" of ca" of case, alspse, alspo nwen o nwen britishers britishers wanted to wanted to suesue someone u cudnot get an immediate relief cos of
someone u cudnot get an immediate relief cos of no res judicatano res judicata 1(08 cpc: good
1(08 cpc: good legislation: subsative potions still remain, have not been legislation: subsative potions still remain, have not been changedchanged "et,
"et,
1(%1 and 1(%6: amendments: names of courts changed 1(%1 and 1(%6: amendments: names of courts changed 1(6: 1
1(6: 1stst major amendement: lots of major amendement: lots of changes made, more inclsoins li.changes made, more inclsoins li.e the princi of e the princi of
atural justice etc$ object changes from rendering justice to rendering eective, atural justice etc$ object changes from rendering justice to rendering eective, e3cient and speed" fair justice$ fair speed" trial to evr"
e3cient and speed" fair justice$ fair speed" trial to evr" litigant assurlitigant assureded Changes :
Changes : 1!
1! 4octr4octrine ine of rof res jues judicadicata enta enforforcedced #!
#! ower ower to transfer to transfer cases frcases from one 'C om one 'C to another to another was forwas formall" givn mall" givn to 5C$theto 5C$the logic behind it is .eepin in view the mindest of
logic behind it is .eepin in view the mindest of the common la"man who needthe common la"man who need not hav an" legal .nowled
not hav an" legal .nowledge and ge and hence it wud b inconvehence it wud b inconvenit for the court nadnit for the court nad the people!
! 7reedom from attatchment of a particular portion of a salar" was granted to all salr" clas emplo"ees: art #8$ livel" hod, wen salar" is attached which is the source of da" to da" life, it is harsh on people to sustain dail"! ropert" but is . cos it is not ur dai"l" life .a source, it ma" attach ur house, but u r stil allowed to live in it!
! rovision uder sec 80 of giving a notice to the government before institutiong a suit against a govt o3cer or government as such was made less stringent or les complicated!
%! 9estriction on appeals were imposed$ helps in protecting thej rights of the other part" against harrasment
6! roviosn of reviosn and review clearl" demarcated ! 5ubmission of docu to the court simpli)ed
8! rder # a inserted for governing the famil" dispute or famil" matter
9eviosn: errors due to technicalities, as in name of complaintant etc, review is on merit of judgment of
(! 5cope of summar" trials were widend$ pett" cases wud b puled in here and disposd o speedl", those cases where there is no need of interpretation of law etc
10!ractice of passing preliminar" and )nal decree abolished$ earlier prelim decree for sta"s etc too. a lot of t"m, it is no more a rit, it is at the discretion of court of giv a prelim law or no
11!oorer sections were givn relief
5uit ofr forma populace$ if u r insolvent, u cant approach the court! +ftrr the amendment evn an indignant u can approachthe court! ;he limit is a person having propert" worth 1000 or les
<ustice malimath committee: furhtur remove the prblms in cpc =pto adjournmet is a mater of rti
1((( and #00 amendment:
1! ;ime limit for issueing summons )ling of written satemnet,, #! utside court settlement procedure was introduced
! >o of adjournments restricted
! rovision of recording evidence b"the court commissioner
%! 5cope 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 ?ues arts: two
5ec 1$sec 1%8: substantive: de ritd of determination of jursidictionof civil courts in India
%1 orders and subse?uent rules: manner mode and practice of determination of a case from on the )rst da" of )ling!
rocedural l aw can have retrospective operation$ nani gopal mithra v state of bihar, but CC doesnot have a retrospective op, it commences from 1 jan 1(0(! It is a
prosperctiv le: geri.apathi veera""a v n subba""a redd"
Aareed <acob v 5osamma Beevarghese$ sections are matter of leg, can b eamende b" the leg aalone, but order can b amended b" courts
5tate of up v pandit Chandra bhashan concurrent judgemenet rocedural law can be retrospective, but CC is prospective 4D>I;I>5:
4ecree: 5ec # /#: formal e-pression of adjing with sofasr as regards as court e-pressing ti conclusivel" det the rights of the parties with respect to an" or al matters of controvers" in the suit and ma"b either preliminar" or )nal in natu 4ecree is )nal in nature! 4ecress is brott into ?ues in al cases
1st imp aspect: adjing, suit, rights of parties, conclusive determination
+djudication:adjing before the court of law, no admn tribunal can pass a decree, the" cant adj! onl" courts adj!
In cases of arbitration, the court of law ma.es a statement : we giv permisin for award$ something of sorts$ this line is the decree
Eat constitutes adjing: 1! ;her must eb adjing
#! ;he adjin must have been done in a suit
! It must have det the rights of the parites with respect to ol or an" of the matters in the controvers"
! 5uch det must be of conclusive nature
%! ;here must be a formal e-prsion givning eect to ethe adjing
Conclusive nature: if there are isues in apart suit: there has to be four
directions in the case, there should b no ambiguit" in htat court at that moment 7or 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 an" matter in dispute, it is no ta decree$ Fadan >ai. v 'ansu *aladevi!
5uit: 'ansraj Bupta v 3cial Gi?uidators of 4ehra4'un Fasoori Dlectrate ;ramwa" Compan" Gimited
;he word suit ordinarl" means acivil proceding instituted b" the presentation of plaint
Chaleges: challenge decre, sa" it was not a suit in the )rt place$ compat D-ception to plaint: there can b suit not starting with plaint, this is but not
universall" applicable! f r that it has to b proved that there is clear cut case of bais in the tribunal@s judgment$ but it is not ec, if ajudge has a conventional mindset, its hard to get a prelim decree
Interim relief$sta"$ preliminar" decree D-ceptions:
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! ;he app of leave is )led under order, it is a procedureal right, it is not a decree
5ubatative rights: decree, procedureal rights: order
9ights of the parties in controvers": right means substantive rights of the parties and not merel" procedural rights$ 4attatre"a v 9adhabhai
9ights 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 8H
;here is nothing in the cpc with prohibits passing of more than on prelim decree if facts and circumstatnces justif" the same: hoolchand v Bopal lal!
;he court also said that we r not inclined to appl" this to all suit, it is just for partition suit
7inal decree: )nal disposal of suit thru a decree that det the rits of parties 7inal decree is de)ned as completel" disposes of the rights and obligations in
particular suit and conclusivel" settles all ?ues in controvers" between the parties and nothing remains )rthur to b delibereated or decided!
4ecree binds both the parties, one favorable and other unfavorabl"
Bulsam *ivi v +hmed +sa 9owther issue: could ther b a prelim and )nal dcree$ there could b one prelim decree and one )nal decree!
asi v 9amanathan Chettair: this case goes on that in part case If the facts and circumstances justif" the rights of the parties at dierent occasions then ther could b more than one prelim decree and one )nal decree!
5han.er v shan.ernath: civil rights in a particular suit ma"b of complicated nature which either is interconnected or ma"b distantl" connected! 'ence ifthe facts and circumstances justif" in the suit a judge mab inclined to pass more than one )nal 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 ma"b partl" prelim and partl" )nal
