Civil Procedure Code 1908
The Civil Procedure Code 1908 was published on March 21, 1908, and came into effect on January 1, 1909. It is Act No. 5 of 1908 and is a procedural law.
It originally contained 158 sections and 51 orders. However, in 1914 and 1973, the last three sections (156, 157, 158) were repealed, and in 1949, the last order (Order 51) was repealed, leaving 155 sections and 50 orders currently.
Brief Explanation
Section 1 and 2: Title and Definitions
Published as Act No. 5 of 1908, it became effective from January 1, 1909. Section 2 defines various terms and expressions.
- Section 2(2): An application dismissed for non-compliance with a court order is not considered a decree.
- Section 2(2): Orders dismissing applications and restitution orders under Section 144 are considered decrees.
- A civil suit judgment refers to the statement by a judge forming the basis of a decree or order.
- District refers to the area under the original jurisdiction of the principal civil court.
- Orders granting or rejecting restitution applications are equivalent to decrees (Section 2(2)).
- Decree Holder: Section 2(3).
- Foreign Court: Section 2(5).
- Judgment: Section 2(9).
- Judgment Debtor: Section 2(10).
- Legal Representative: Section 2(11).
- Mesne Profits: Section 2(12).
- Movable Property: Section 2(13).
- Order: Section 2(14).
- Advocate: Section 2(15).
- Public Officer: Section 2(17).
- Mesne Profits: Profits earned by an unlawful possessor during possession.
- Decree Definition: Section 2(2).
Section 3: Court Subordination
The District Court is subordinate to the High Court Division, and all civil courts and Small Causes Courts one level below the District Court are subordinate to both the High Court Division and the District Court.
Section 6: Pecuniary Jurisdiction
Section 6 discusses pecuniary jurisdiction.
- Under the Small Causes Courts Act, 1887, tenant eviction cases are tried in courts of limited jurisdiction.
- If a suit’s value exceeds a court’s pecuniary jurisdiction, the court cannot try it unless specifically empowered by law.