Code of Civil Procedure
The Code of Civil Procedure (CPC), also known as the Civil Procedure Code, is a comprehensive law in India that governs the procedures and practices followed by civil courts. Enacted in 1908, it outlines how civil suits are handled, from initial filing to execution of decrees and appeals. The CPC is a crucial piece of legislation for the Indian civil justice system.
Key aspects of the CPC:
Procedure and Practice:
The CPC sets out the rules and procedures that civil courts must follow when handling civil cases.
Suit Institution:
It specifies how a civil suit is initiated, including the requirements for a plaint (the initial pleading).
Jurisdiction:
The CPC defines the jurisdiction of various courts, determining which court is competent to hear a particular case.
Decrees and Orders:
It defines what constitutes a decree (a formal expression of a court's adjudication) and an order (a court's decision that is not a decree).
Appeals and Revision:
The CPC outlines the procedures for filing appeals and revisions against court decisions.
Execution of Decrees:
It provides the framework for enforcing court judgments (decrees).
Amendments and Updates:
- The CPC has undergone numerous amendments throughout the years to adapt to changing circumstances and legal needs.
- Recent amendments include the Civil Procedure Code (Karnataka Amendment) Act, 2023.
Why it's important:
- The CPC ensures a fair and efficient civil justice system in India.
- It provides a clear framework for how civil cases are handled, ensuring that everyone involved understands the rules and procedures.
- It helps to protect the rights of parties involved in civil disputes by providing a structured and predictable legal process.
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