History of the Civil Procedure Code - Legal Katta
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History of the Civil Procedure Code

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The Civil Procedure Code has been governed by the norms and conditions of the proper regulation of the procedure to be followed by the civil courts. Before studying the history of the Civil Procedure Code we had to say that this code is one of the most important branches of procedural law. 

In the earlier post, we had discussed the difference between procedural law and substantive law. If you want to read this article go through the link given below.

History of the Civil Procedure Code 

Before 1859, there was not any codified legislation that regulates the procedure to be followed in the Civil Court system Because of the British rulers, the civil court procedure was not uniformly regulated.

In those days, the Presidency towns system was followed and there were provincial courts in the Mofussils.

These courts were governed by various systems of the civil court procedure and different customs, norms, special acts, rules and regulations. And, those were changing from time to time and on the basis of their needs and circumstances.

In the first instance, the uniform civil procedure code was introduced in 1859 by enacting the Civil Procedure Code [Act VII of 1859] for the uniform regulation of civil procedure in the court system. 

But regrettably, this code did not serve its main object as this code was not made applicable to the Supreme Court (Crown Court) and Sadar Diwani Adalats.

In the year 1861, the Supreme Court and the Sadar Diwani Adalats were abolished and introduced the High Court system in the Provinces by enacting The Indian High Courts Act, 1861. And, in 1861, the High Courts were established in Bombay, Madras, and Calcutta Provinces.

Then the Civil Procedure Code, 1859 was amended regularly from time to time on the basis of customs, needs and circumstances. And, the Code of 1859 was replaced with enacting the Civil Procedure Code, 1877.

Further, this Code was amended in 1878, 1879 and the fourth amendment of the code was the Code of Civil Procedure, 1882. This code was also amended from time to time and the present code is The Code of Civil Procedure, 1908.

Referred Books:

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