Topic > The Civil Procedure Code has been made more effective...

The distinction between procedural law and substantive lawTo better examine the CPC, it is of the utmost importance that the difference between substantive law and procedural law is established. In short, substantive law establishes the rights and responsibilities of the interested parties, while procedural law mainly establishes the procedure or method to be followed when such rights and responsibilities are to be applied. The Civil Procedure Code, 1908 is one such procedural law which governs all civil cases in India. It should be noted that both types of law are complementary to each other since without quick and economical procedural law the remedy offered by substantive law would be doomed to fail. The main objective of procedural law is to facilitate justice, in Saiyad Mohd. Bakar v. Abdulhabib Hasan the Supreme Court observed that a procedural law should always be in aid of justice and should not be construed in such a way as to defeat the very purpose sought to be achieved. The Government together with the Law Commission has always tried to keep this provision intact, as procedural law is the facilitator of justice in the subsequent amendments to the civil procedure code. The 1976 amendment was brought forward keeping in mind several considerations, primarily that every litigant should receive a fair trial in accordance with the principles of natural justice and that every effort should be made to expedite the resolution of civil cases. This article seeks to explain how principles of natural justice, efforts undertaken to expedite the trial and resolution of civil cases and ensure fair trial have been introduced by the CPC and the various amendments to the Code of Civil Procedure in order to make it more effective and ... middle of paper ......and 21. As described by former Chief Justice Mahommedali Currim Chagla as "an admirable piece of legislation", the Code of Civil Procedure, 1908 also established mechanisms such as dispute mechanisms alternatives to reduce the backlog of cases present in the courts due to a variety of factors. There have always been several amendments to the existing CPC made by, among others, the 1999 and 2002 Amendment Acts, with the aim of improving the existing system. These amendments were solely aimed at ensuring quicker and fairer trials, while at the same time ensuring that principles of natural justice are not violated. Therefore, it is the author's opinion that the core of the Civil Procedure Code is to ensure that every trial receives justice and that numerous successful efforts have been made to make it more effective and justice-oriented.