Introduction
The Code of Civil Procedure, 1908 (CPC), is a key piece of legislation that governs the administration of civil justice in India. It lays down the procedural rules to be followed by civil courts when handling non-criminal matters. The CPC Bare Act presents the unmodified and authoritative text of this law, offering clear insight into how civil disputes are to be filed, tried, and resolved in court.
What Is the Code of Civil Procedure Bare Act?
The CPC Bare Act is the official, unannotated version of the Code, containing all its Sections, Orders, and Schedules as enacted and amended over time. It includes no commentary, case law, or interpretation—only the statute in its original legal language.
This format is essential for legal clarity and precision. Whether someone is studying the law or working with it in practice, the Bare Act allows them to access the rules as laid out by the legislature, without external influence or opinion.
Structure and Key Provisions
The Code of Civil Procedure is divided into two key components:
- Sections (1 to 158): These cover general principles, including jurisdiction, institution of suits, appeals, and execution of decrees.
- Orders and Rules (Schedule I): These define the step-by-step procedures for civil litigation, such as filing pleadings, service of summons, interim orders, and trial procedures.
This structure ensures that civil litigation follows a standardized and transparent process across courts in India.
Role in Civil Justice
The Code of Civil Procedure plays a crucial role in ensuring fairness, consistency, and access to justice. It:
- Guarantees procedural fairness in resolving private disputes
- Ensures efficiency and timelines in court proceedings
- Standardizes civil court procedures nationwide
- Allows both parties equal opportunity to present their case
The CPC has been amended over time to accommodate delays, misuse of procedures, and to support alternative dispute resolution methods like mediation.
Conclusion
The Code of Civil Procedure Bare Act is a foundational legal text for anyone involved in the civil justice system. By outlining how civil cases must proceed, it strengthens the rule of law and promotes judicial efficiency. A clear understanding of the CPC is essential not just for legal professionals, but for all individuals seeking to understand how civil courts in India operate.
To explore the Code of Civil Procedure in its most accurate and up-to-date format, you can refer to the edition by Samarth Agrawal, which offers the complete Bare Act in a clear and accessible layout.