The development of civil procedure in India reflects the nation’s transition from diverse regional practices to a unified legal framework, ensuring consistency and fairness in civil litigation.

EARLY CIVIL JUSTICE SYSTEMS IN INDIA

Before British colonial rule, India’s civil justice system was decentralized, with various regions following their own customs and traditions. Local chieftains, panchayats (village councils), and regional kings administered justice based on customary laws, which varied significantly across the subcontinent. This lack of uniformity often led to inconsistencies in the administration of justice.

ESTABLISHMENT OF BRITISH JUDICIAL ADMINISTRATION

With the advent of British rule, the need for a standardized legal system became apparent. The British East India Company initially established its own courts to adjudicate matters concerning British subjects and their interests. However, these courts operated alongside existing indigenous systems, leading to a complex dual system of justice.

THE ADALAT SYSTEM AND EARLY REFORMS

In 1772, Warren Hastings introduced the Adalat system, aiming to streamline judicial administration. This system established Diwani Adalats (civil courts) and Nizamat Adalats (criminal courts) in various districts. The Diwani Adalats dealt with civil disputes, applying local laws and customs, while the Nizamat Adalats handled criminal cases. Despite these reforms, the absence of a uniform procedural code led to disparities in civil adjudication.

THE FIRST UNIFORM CIVIL PROCEDURE CODE OF 1859

Recognizing the need for uniformity, the British enacted the first Code of Civil Procedure in 1859 (Act VIII of 1859). This code aimed to consolidate and standardize the procedures to be followed in civil courts across British India. However, its application was limited to the Mofussil courts (courts outside the presidency towns) and did not extend to the Supreme Courts in the presidency towns of Calcutta, Madras, and Bombay. This limitation resulted in continued procedural discrepancies.

SUBSEQUENT REVISIONS: CODES OF 1877 AND 1882

To address the shortcomings of the 1859 code, the British government introduced the Code of Civil Procedure in 1877. This new code incorporated several amendments and aimed to provide a more comprehensive procedural framework. However, the need for further refinements led to the enactment of the Code of Civil Procedure in 1882, which sought to rectify the deficiencies of its predecessors and bring about greater uniformity in civil procedures.

THE CODE OF CIVIL PROCEDURE, 1908

The most significant development came with the enactment of the Code of Civil Procedure in 1908. This code consolidated and amended the laws relating to the procedure of civil courts in India. It introduced a uniform set of procedures applicable throughout British India, including the presidency towns. The 1908 code has been amended several times post-independence to address emerging needs but remains the cornerstone of civil procedural law in India.

KEY FEATURES OF THE CODE OF CIVIL PROCEDURE, 1908

• Structure: The code is divided into two parts: the first part contains 158 sections providing the general principles of jurisdiction, and the second part comprises the First Schedule with 51 Orders and Rules detailing specific procedures.
• Uniformity: It established a standardized procedure for all civil courts in India, promoting consistency in the administration of civil justice.
• Flexibility: The code allows for amendments and adaptations to meet the changing needs of society and the legal system.

POST-INDEPENDENCE AMENDMENTS

After India gained independence in 1947, the Code of Civil Procedure, 1908, underwent several amendments to align with the democratic principles of the new nation. Significant amendments were made in 1951, 1956, 1999, and 2002, focusing on expediting the legal process, reducing delays, and improving access to justice.

CONCLUSION

The historical evolution of civil procedure in India showcases the country’s journey towards a unified and efficient legal system. From a fragmented set of regional practices to a standardized code, these developments have been instrumental in ensuring fairness and consistency in civil adjudication, laying a strong foundation for the rule of law in India.