ABSTRACT

TOPIC: CPC 1908 AND ITS CHANGES

SUBJECT: Legal and Constitutional History

INTRODUCTION:
The Code of Civil Procedure was first formulated in 1859 and was later updated in 1877, 1859,
1882 and to its present form that was made in 1908. Since its enactment, it has been amended
several times to improve the justice delivery system. Despite this, many of its provisions have
often been found to cause endless delays and thus impeded speedy and equitable justice to its
seekers. As a result, people seem to be losing faith in the efficacy of dispute resolution
process.The Union Government has notified the Civil Procedure Code (Amendment) Act, 2002
on July 1, this year, fixing a time-limit of one year for the settlement of civil cases. The amended
CPC now will make it possible for courts to dispose of civil suits expeditiously and benefit
hundreds of thousands of litigants in getting quick justice. The amendments to the CPC are
simple in nature but will have far-reaching consequences in terms of working of civil courts in
the country.As is commonly known, most of the judicial delays take place during pre-trial and at
the stage of hearing for various reasons.

In order to cut down law's delay at the former stage, the service of summons has been made
faster making use of private couriers and information technology. The Act allows the use of fax,
e-mail and courier for serving summons, hitherto regarded illegal.The situations of pre-empt
avoidance or refusal to accept summons by a party has been made almost impossible by
providing that the person to whom it was issued shall be presumed to have received it even if the
summons are returned with an endorsement that the ''party refuses to accept''.

The general power of courts to extend the time prescribed in the CPC is restricted to 30 days
now. Earlier, the courts could extend time without any limit. The result was unconscionable
delays and increasingly list of pending cases. Besides, on filing of revision application against
the orders of a subordinate court, its record shall not be called unless the high court orders to do
so specifically cases for conciliation and arbitration.
The Act now limits the number of adjournments in a civil case to three. If a party tries to adopt
delaying tactics, the court will hereafter direct it to pay higher costs to the other party. Also, the
courts have been empowered to fix a time-limit for oral arguments and, if necessary, seek written
submissions from parties to save time and avoid delays. Also, the judges too have been made
accountable.
They will have to give their ruling within 60 days of the completion of hearing of a civil case.
The existing provision of a second appeal in financial suits where the value did not exceed Rs
25,000 has also been abolished. This would considerably reduce the litigation time, which
previously used to extend beyond 10 years in many cases and next generation had to carry on
with the legal battle.

In this project the researcher would like to discuss the issue regarding the various amendment
and background history of establishment of CPC.

Submitted By,
Ramavath RadhaKrishna
Reg no: 2016078
Section:B, 1st semester