Bailabel Type : bailable

Description

1. Short Title:

The short title of the Code of Civil Procedure is given as the "Code of Civil Procedure, 1908." It is often abbreviated as the CPC. This title serves as a formal and legal name for the Act, which governs the procedure for the administration of civil cases in India.

2. Commencement:

The commencement of the CPC refers to the date when the provisions of the Act became applicable and enforceable. The Act was brought into force on 1st January 1909. From this date, all courts in India were required to follow the procedures laid down in this Code for the conduct of civil cases, including how to file suits, conduct trials, and enforce judgments.

This is a critical point because it marks the moment when the rules and regulations outlined in the CPC began to shape the civil legal process in India.

3. Extent:

The extent of the CPC means the geographical area in which the law applies. Section 1(3) of the CPC specifically states that it applies to the whole of India, with the exception of Jammu and Kashmir (as per the law before the changes made in Article 370 and its subsequent abrogation). This implies that any civil litigation in India (unless specifically excluded by another Act) will follow the rules and procedures laid down in the CPC.

The term "extent" clarifies that the Code is not a local law that applies only to certain parts of India. It is a national law that applies uniformly across the country, establishing a cohesive legal framework for civil litigation.

Punishment

The CPC itself does not specify any direct punishment for civil wrongs, as it is a procedural law rather than a criminal one. However, it outlines civil procedures and remedies that can lead to enforcement actions, such as attachment of property or execution of a decree. Punishments related to non-compliance with court orders (like contempt of court) or fraudulent practices in civil cases are dealt with under separate provisions of law. Contempt of Court can attract punishments such as imprisonment (up to 6 months), fines, or both, depending on the severity of the offense.

Key Punishment-related Provisions:

• Contempt of Court: This is the primary means through which punishment is enforced if someone disobeys court orders under the CPC. If a person fails to follow a court's direction or attempts to disrupt court proceedings, they can be charged with contempt, leading to imprisonment or fines.
• Execution of Decrees: If a party fails to comply with a court’s decree, enforcement can involve seizure of property, attachment, and other enforcement mechanisms. The CPC provides a detailed procedure for such enforcement.