The Key to Indian Practice (A Summary of the Code of Civil Procedure)

The astonishing elasticity of civil litigations owes it origin to the surprising nature of the Code of Civil Procedure, which gives the guiding principles. The Code of Civil Procedure is perhaps the only statute which contains both substantive and procedural laws on civil litigations. The Code prohibits approbation and reprobation but in its fabric it approbates and reprobates by declaring “nothing can be done if not permitted by the code“ and also proclaims “technicalities are hand maids of justice, pitted against each other justice must prevail“. Very often we see it saying that the code of civil procedure is not always exhaustive; if there is no provision the Courts can overcome the same by resorting to inherent power. The Code itself appears to be confusing which is magnified by plethora of hundred thousand decisions rendered by equal number of judges, equally divided in their opinion on the subject. In spite of all these paradoxes the Code of Civil Procedure remains the main pillar of procedural law dealing with the modes and manner of civil suits and allied remedies. With a wonderful combination of substantive and procedural law, the rules and principles of the Code of Civil Procedure are guiding lamps for the civil courts to arrive at a final conclusion. The Code of Civil Procedure is unique piece of legislation.