The Jurisprudential and Constitutional essence of CPC (Code of Civil procedure), 1908

Constitutional essence of CPC

The Constitutional essence of CPC can be traced back to the Constitution of India, 1950. The fundamental principles or spirit of the Constitution, such as the rule of law, reasonableness, non-arbitrariness, justice, equity, fairness, good conscience, and natural justice. These are also reflected in the Code of Civil Procedure, 1908 (hereafter referred to as CPC). For instance, consider the principle of res judicata under Section 11 of the CPC. Its primary objective is to prevent the multiplicity of legal proceedings. This objective aligns with the spirit of the Constitution by ensuring that the delivery of justice is more efficient and expeditious.

Procedure is the Handmaid of Justice, Not Its Mistress– The humanistic approach embodied in the Civil Procedure Code (CPC) emphasizes that the delivery of justice takes precedence over procedural formalities. Procedure serves the purpose of justice and should be interpreted flexibly to achieve fair outcomes. For instance, Order VIII Rule 1 of the CPC stipulates that a written statement must be filed within 30 days of the defendant being served with summons. An additional 60 days may be granted for sufficient cause. However, this limitation is not absolute. In exceptional circumstances, the court may extend the time limit under the provisions of Order VIII Rule 10, ensuring that justice is not hindered by procedural rigidity.

Jurisprudential essence of CPC

The jurisprudential essence of the Code of Civil Procedure (CPC) is encapsulated in the principle ubi jus ibi remedium, meaning “where there is a wrong, there is a remedy.” Various substantive laws, such as the Indian Contract Act and the Transfer of Property Act, establish rights. However, when these rights are violated, the CPC serves as a complement to these substantive laws by providing the procedural framework necessary for obtaining an effective and complete remedy.

To read more similar topics click here.

This blog is written by Sarika Mittal.