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Tracing the Evolution: A Comprehensive Look at the Formation and Historical Development of the Civil Procedure Code (CPC)

The formation of a Code of Civil Procedure stands as a pivotal milestone in the development of legal systems worldwide. This abstract presents a comprehensive overview of the historical evolution and comparative analysis underlying the creation of Codes of Civil Procedure across different jurisdictions. The CPC serves as a procedural roadmap, delineating the rules and regulations governing civil litigation, dispute resolution, and judicial proceedings.

Tracing its origins back to ancient legal traditions, this abstract highlights the progression from customary practices to formalized procedural codes. Through a comparative lens, it examines the influences of various legal cultures, colonial legacies, and cross-jurisdictional interactions on the codification of civil procedure rules.

Ultimately, this abstract underscores the significance of a well-structured and adaptable Code of Civil Procedure in fostering a just, efficient, and accessible judicial system. By drawing from historical evolution and cross-jurisdictional insights, it provides valuable insights for legal scholars, policymakers, and practitioners striving to enhance civil procedure systems in both established and emerging legal frameworks.

Formation of CPC,/History of CPC:
Before year 1859, there was no uniform code of civil procedure, there was different system of laws in different part of the country, the first uniform code was enacted in the year 1859 , on the recommendation of 1&2 law commission report (Lex loci) i.e law of land.

But in the year 1833,by the east Indian company (British colony) was giving the power not only of trading companies but for administration and legislative powers.

In the year 1834, for th establishment of law commission was given the 3 works:
  1. to draft a penal code
  2. presentation of a lex loci report
  3. laid down the procedure
In the year 1840, the law commission submits its report but it was not published. in the year 1856. 2nd law commission was constituted to draft a criminal code and civil code. At that time there was no high courts only supreme court was there . in the yaer 1858, the draft was present to governor general for its assent . in the year 1859, three supreme courts was made i.e Bombay, Calcutta, Madras.

In the year1861 by the act of Indian high court act all the 3 supreme courts was abolished.

In the year 1862-1866 all 3 high courts was constituted

The code of civil procedure was not applicable to the supreme court in the presidency town and small cause courts. some amendments were made therein and the code was applied to the whole of British India. But there were many defects in it . therefore a new code was enacted in the year 1877 and 1882, which was also amended time to time
In the year 1908 the present code of civil procedure was enacted . it was amended by two important amendments acts of 1951 and 1956.

The law commission in its various reports made many reccomendations and after carefully considering . the government decided to bring forward the bill for the amendment of code of civil procedure 1908.
In the furtherance of recommendation i.e justice malimath committee the code was amended by the amendment act of 1999 and 2002.

The important changes that were made by the amendment act 1976 as:
  1. The doctrine of res judicata made effective
  2. Power of transfer proceedings from one high court to another is given to supreme court
  3. Provision of giving notice under section 80 of CPC
  4. New order 32-A has been inserted to provide a special procedure in the litigating the affairs of family.
Present code i.e 1908 applies on the British and not on princely states but by the amendment of 1951 , its applies on whole of India and part b states.

Question: What Are Part B States?
As CPC applies on British India , the word India includes ( British India and princely states), but the word British India doesn't include the princely states as it is governed by the governor and chief commissioner

The Govt Act 1935: Section 311 Definition Clause:'
British India " means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces ; " India " means British India together with all territories of any Indian Ruler under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler, the tribal areas, and any other territories which His Majesty in Council may, from time to time, after ascertaining the views of the Federal Government and the Federal Legislature, declare to be part of India

British Rules Includes
  1. governed by the governors
  2. chief commissioner
  3. Indian rulers (signed by the agreement )
  4. military territories (Andaman -nicobar)
1908 CPC Does Not Apply On Princely States, After Independence India Had 4 Territories:
  1. Governor (part A) states
  2. Chief commissioner (part c states) i.e h.p Shimla, etc states
  3. Princely states ( part b states )
  4. Military territories (part d states )
In the year 1956, state re organization act was passed which divide into u.t and territories on the basis of their language.

By the act of 1951 the application on law part b and states act was passed by which its applied on princely states i.e after 1951 act the CPC applies on princely states too
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