@CPC Introduction

Civil Procedure Code
Introduction
Amit Pratap Singh

Assistant Professor in Business Laws
Preliminary Words
•The Indian Judicial System - oldest legal systems
•Indian courtrooms - battlefields or playing fields.
•Adversary theory - each side to develop and present

its own proofs and arguments – surest way - enable
the judge or jury - resolve the conflict.
• An inquisitorial system - the court or a part of the
court - actively involved - facts of the case.
• In 1215 - article 38 of the Magna Carat- "No bailiff
for the future shall, upon his own unsupported
complaint, put anyone to his law, without
credible witnesses brought for this purposes”.
• French - Juge d'instruction - investigating

magistrate
• Epistolary Jurisdiction- First time – M P Thakker – Guj
HC
• Followed - Justice Krishna Iyer in Kamgar Union v.
Union of Indian
Characteristics of Adversarial Procedure:
• Fair Trial
• Impartiality and Neutrality
• Certainty of Decision
• Decision is in the Hands of Court
• Merits of the Case
• Enforcement of Decisions
Disadvantages of Adversarial Process
• Not Flexible
• Expenses
• No Appreciation of their Respective Case
• Lawyer
• Increase of Work Load
• Choice of Specialists as Neutrals
• Confrontation, Conflict and Acrimony
• Affect Business Reputation, Goodwill and Ongoing Relations
• Rigidity
• Delay: In 1798, William Godwin declared that justice
suffered from three defects- delay, cost and glorious
uncertainty in the final outcome of any litigation.
• Winning or Losing
• Compulsion
• No Confidentiality
• Interim Injunctive Relief
• Public Trust and Confidence
• Adjournments
• Inefficient Court Administration \ Excessive Judicial
Control
• Scheduling and Notification of Appearances
• Taking of Evidence
• Reluctance to Enforce Pre-Existing Authority
• Case Assignments
• No Contentious Matters
• Classification of Claims
• Use of Forms
• Tashi Delek Gaming Solutions v. State of Karnataka, -
Access to justice is a human right.
Kinds of Law
• Substantive Law –
creating rights and obligations on persons E.g.: IPC,ICA and TPA
• Procedural Law/Adjective Law –

laying the procedure for enforcing such rights and obligations E.g.:
CPC, Cr.P.C and partly IEA.
- include Rules framed under various enactments.
Kinds of Law
• Procedural laws give life to substantial laws by providing the remedy

and by implementing
- the maxim ubi jus ibi remedium
According to Salmond (Fitzgerald, 2006) the law of procedure is the law

of actions. The word 'actions' is used in the sense to include all legal
proceedings
Kinds of Law
• In Saiyad Mohd. v Abdul habib (1988, p.1624) the Supreme Court
stated that
• "A procedural law is always in aid of justice, not in contradiction or to
defeat the very object which is sought to be achieved by substantive
law. Procedural law is always subservient to the substantive law.
• Procedural law cannot give what is not sought to be given by a
substantive law, nor can it take away what is given by the substantive
law.
CIVIL PROCEDURE
• The key to the understanding of this subject lies in the very name
"Civil Procedure. “
• In the legal context, the word "civil" is used in contradistinction to
such words as "military," 'criminal" and "revenue".
• In a wide sense, the term "civil law" would denote the whole law
of the state governing the relations among its citizens inter se or
between the state and the citizens as distinguished from
international law which operates among states inter se.
• excluding the jurisdiction of the civil courts
CIVIL PROCEDURE
• substantive law consists of rules relating to rights and obligations
of the state and individuals while the law of procedure provides the
manner in which these rights and obligations are enforced.
• What then is the place of a procedure in law?
• Procedure has to be invoked only when the law has to be enforced.
• Prior to its enforcement, the law may remain only a formulation of
rules of conduct.
• But when these rules have to be actually applied and enforced, then
this can be done only according to -
-the procedure established by law.
CIVIL PROCEDURE
• The law of procedure may be defined as that branch of law which
governs the process of litigation. It is the law of actions
-jus quod ad actiones pertinet

• Substantive law is concerned with the ends which the
administration of justice seeks; procedural law deals with the
means and instruments by which those ends are to be attained.
• Civil Procedure Law - a codification of the principles of natural
justice - Garden of Eden - Dr. Bentely’s case, i.e., R V. University
of Cambridge, (1723) 1 STR 757
• Court Room Humour ?
• Is this some kind of a joke, says SC on trial through
WhatsApp - Yogendra Sao and his wife Nirmala Devi –
Mr. Tankha Appearing
• Police Arrested A Parrot – Hariyal Case
• Ranveer Singh Yadav Versus Delhi

Transport Corporation – 40 years – 5 paisa
• Court Room Humour ?
• Lal Bihari Identity Case(1975-1994)
• who claimed the original 'Tunday'!

Next Class
• Substantive and Procedural Law – Contextual Differences

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Civil Procedure Code

Amit Pratap Singh

•Indian courtrooms - battlefields or playing fields.

•Adversary theory - each side to develop and present

• French - Juge d'instruction - investigating

• Procedural Law/Adjective Law –

• Procedural laws give life to substantial laws by providing the remedy

- the maxim ubi jus ibi remedium

According to Salmond (Fitzgerald, 2006) the law of procedure is the law

-jus quod ad actiones pertinet

• Police Arrested A Parrot – Hariyal Case

• Ranveer Singh Yadav Versus Delhi

• Lal Bihari Identity Case(1975-1994)

• who claimed the original 'Tunday'!

• Substantive and Procedural Law – Contextual Differences

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