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The Code of Civil Procedure, 1908
(Act No. V of 1908)
Civil procedure & its brief history - A law practitioner should know:
What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? How to apply the law? A law practitioner should go through the following laws in order to practice the civil matter:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
3. Civil Suits Instruction Manual.
4. The Civil Court Act.
5. The Court Fees Act.
6. The Suit Valuation Act.
Civil procedure & its brief history
Law of civil procedure are the rules by which Courts conduct civil trials. Civil trials concern the judicial decision of claims by one individual or group against another and are to be distinguished from criminal trials, in which the state prosecutes a convict for violation of criminal law. Civil procedure is the body of law that consists of the rules and standards that Courts follow while adjudicating civil lawsuits as opposed to procedures in criminal law matters. There was no uniform law of civil procedure prior to 1859.
The Civil Procedure was first introduced in 1859. It was substituted by another Code enacted in 1877. The Code which was enacted in 1877 was replaced by the Code enacted in 1882 and this code was also substituted by the present code in 1908.
Concept of Procedural Law and Substantive Law:
Laws can be divided into two groups.
Substantive Law and Procedural or Adjective Law.
What is Substantive Law?
The function of substantive Law is to create, define or confer substantive legal status or legal rights or to define and impose the nature and extent of legal duties.
Example: i). Penal Law;
ii). Law of Contract;
iii). Law of Property, etc.
What is Procedural or Adjective Law?
The function of procedural law is to provide the machinery or the manner in which the legal rights or status and legal duties may be enforced or recognized by a Court of law or other recognized or properly constituted tribunal.
Example: i). Civil Procedure Code;
ii). Criminal Procedure Code; etc.
The difference between the substantive and procedural law is not an always discernible. The law that is procedural may be substantive at the same time. Example: Evidence Act; etc.
Whether the Code of Civil Procedure is exhaustive?
It is necessarily assumed that the Code of Civil Procedure is not exhaustive. The inherent power of the court to administer justice embedded in section 151 of the Code of Civil Procedure is relevant in this connection. Section 151 states, "Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court." But this Code is assumed to be treated as all complete of itself and exhaustive of the matters dealt with therein.' The Code binds all courts as far as it goes and is all-inclusive with regard to matters specifically dealt with by it.