Implemented not in 1806, but much before that

Conflict: cpc prevail over high court rules, high court can amend with respect to court rules with respect to its jurisdiction

Procedural and substatitive law

Procedural is followup of substantive. Cpc also means to enforce some rights wich r not otrwise prescribed. Cpc is not entirely procedural in natire. In the 2nd part- orders an rules- procedural, 158 sections of cpc are substantive. Procedural law gives the enforcemrnt mechansism to use in a court by which u can redeem ur ritd wich r violatd.

Cpc is an adjective law- y- cos in India civil ris r provided evry wer, contract act, motor vehicle aciden act, econsumer rit law, etc all have it, now wen a procedural law as an indi u can useit to realize ur main substatitve law it is a adj law.

History of law:

1908- current form cpc enacted, first tym cpc was enacted in 1859, jus aftr d mutiny. But 1859 code was not applicable to presidency

Another code in 1877- same problem, areas exluded- short life-5 years.

1882 code- backgrpund for 1908 code- made app to entire lim, not limted toany area, but no clarity on wer and how to approach the corut, no res judicata,(not in 1908 to), y he wud nb treated different frm oanr part, maintaince of supremacy of britishers, so it did not usd properly

1. Indains gave cases; flurry of case, alspo nwen britishers wanted to sue someone u cudnot get an immediate relief cos of no res judicata

1908 cpc: good legislation: subsative potions still remain, have not been changed yet,

1951 and 1956: amendments: names of courts changed

1976: 1st major amendement: lots of changes made, more inclsoins like the princi of atural justice etc- object changes from rendering justice to rendering effective, efficient and speedy fair justice- fair speedy trial to evry litigant assured

Changes :

1. Doctrine of res judicata enforced2. Power to transfer cases from one HC to another was formally givn to SC-the logic behind it is

keepin in view the mindest of the common layman who need not hav any legal knowledge and hence it wud b inconvenit for the court nad the people.

3. Freedom from attatchment of a particular portion of a salary was granted to all salry clas employees: art 28- lively hod, wen salary is attached which is the source of day to day life, it is

harsh on people to sustain daily. Property but is k cos it is not ur daiyly life ka source, it may attach ur house, but u r stil allowed to live in it.

4. Provision uder sec 80 of giving a notice to the government before institutiong a suit against a govt officer or government as such was made less stringent or les complicated.

5. Restriction on appeals were imposed- helps in protecting thej rights of the other party against harrasment

6. Proviosn of reviosn and review clearly demarcated7. Submission of docu to the court simplified8. Order 32 a inserted for governing the family dispute or family matter

Reviosn: errors due to technicalities, as in name of complaintant etc, review is on merit of judgment of

9. Scope of summary trials were widend- petty cases wud b puled in here and disposd off speedly, those cases where there is no need of interpretation of law etc

10. Practice of passing preliminary and final decree abolished- earlier prelim decree for stays etc took a lot of tym, it is no more a rit, it is at the discretion of court of giv a prelim law or no

11. Poorer sections were givn relief Suit ofr forma populace- if u r insolvent, u cant approach the court. Aftrr the amendment evn an indignant u can approachthe court. The limit is a person having property worth 1000 or les

Justice malimath committee: furhtur remove the prblms in cpcUpto 3 adjournmet is a mater of rti

1999 and 2004 amendment:

1. Time limit for issueing summons filing of written satemnet,,2. Outside court settlement procedure was introduced3. No of adjournments restricted4. Provision of recording evidence bythe court commissioner 5. Scope 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 ques

Parts: two

Sec 1-sec 158: substantive: de ritd of determination of jursidictionof civil courts in India

51 orders and subsequent rules: manner mode and practice of determination of a case from on the first day of filing.

CPC is procedural in n ature, doesn’t giv u any rit

Procedural l aw can have retrospective operation- nani gopal mithra v state of bihar, but CPC doesnot have a retrospective op, it commences from 1 jan 1909. It is a prosperctiv le: gerikapathi veerayya v n subbayya reddy

Vareed Jacob v Sosamma Geevarghese- sections are matter of leg, can b eamende by the leg aalone, but order can b amended by courts

State of up v pandit Chandra bhashan – concurrent judgemenet

Procedural law can be retrospective, but CPC is prospective

DENITIONS:

Decree: Sec 2 (2): formal expression of adjing with sofasr as regards as court expressing ti conclusively det the rights of the parties with respect to any or al matters of controversy in the suit and mayb either preliminary or final in natu

Decree is final in nature. Decress is brott into ques in al cases

1st imp aspect: adjing, suit, rights of parties, conclusive determination

Adjudication:adjing before the court of law, no admn tribunal can pass a decree, they cant adj. only courts adj.

In cases of arbitration, the court of law makes a statement : we giv permisin for award- something of sorts- this line is the decree

Wat constitutes adjing:

1. Ther must eb adjing2. The adjin must have been done in a suit3. It must have det the rights of the parites with respect to ol or any of the matters in the

controversy4. Such det must be of conclusive nature5. There must be a formal exprsion givning effect to ethe adjing

Conclusive nature: if there are 4 isues in apart suit: there has to be four directions in the case, there should b no ambiguity in htat court at that moment

For 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 any matter in dispute, it is no ta decree- Madan Naik v Hansu Baladevi.

Suit: Hansraj Gupta v Official Liquidators of DehraDHun Masoori Electrate Tramway Company Limited

Privy Council judgement

The word suit ordinarly means acivil proceding instituted by the presentation of plaint

Chaleges: challenge decre, say it was not a suit in the firt place- compat

Exception to plaint: there can b suit not starting with plaint, this is but not universally applicable. Of 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-stay- preliminary decree

Exceptions:

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. The app of leave is filed under order, it is a procedureal right, it is not a decree

Subatative rights: decree, procedureal rights: order

Rights of the parties in controversy: right means substantive rights of the parties and not merely procedural rights- Dattatreya v Radhabhai

Rights 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

8/7

There is nothing in the cpc with prohibits passing of more than on prelim decree if facts and circumstatnces justify the same: Phoolchand v Gopal lal.

The court also said that we r not inclined to apply this to all suit, it is just for partition suit

Final decree: final disposal of suit thru a decree that det the rits of parties

Final decree is defined as completely disposes of the rights and obligations in particular suit and conclusively settles all ques in controversy between the parties and nothing remains firthur to b delibereated or decided.

Decree binds both the parties, one favorable and other unfavorably

Gulsam Bivi v Ahmed Asa Rowther – issue: could ther b a prelim and final dcree- there could b one prelim decree and one final decree.

Kasi v Ramanathan Chettair: this case goes on that in part case If the facts and circumstances justify the rights of the parties at different occasions then ther could b more than one prelim decree and one final decree.

Shanker v shankernath: civil rights in a particular suit mayb of complicated nature which either is interconnected or mayb distantly connected. Hence ifthe facts and circumstances justify in the suit a judge mab inclined to pass more than one final 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 mayb partly prelim and partly final