The code of civil procedure is divided into two parts:
1. Substantive Laws
2. Procedural Laws
All definitions given under the sections form part of Substantive Laws and the procedures given under orders, form part of Procedural Laws.
Thus a Section provides all the provisions related to the general principles of the civil jurisdiction whereas the order prescribes the procedures and the methods that are required to proceed with the civil cases.
In other words we can say that, an order given by any court can be changed by another court as and when challenged but a section cannot be changed or amended by the courts. For that, a an amendment needs to be done by the parliament.
Chatar Lal vs. Ramdas on 12 January, 1979
The issue was that whether the findings recorded by the first appellate court on the issue relating to comparative hardship remitted by this Court, being a finding of fact, are open to challenge for a second appeal or not?"
Mahant Ramdas instituted a suit for arrears of rent and ejectment from the disputed premises on the ground of personal necessity. The Court of Munsif, Udaipur decreed the suit for eviction regarding personal necessity in favour of the plaintiff. The defendant went in appeal, but his appeal was dismissed by the learned Additional District Judge. The defendant then preferred the second appeal.
The court took the reference of Sec.121 CPC and stated that rules in the First Schedule shall have effect, as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.
Second Case Law:
Pankajakshi through L.Rs. vs. Chandrika & Ors on 25 February, 2016
Reference by Chief Justice.--Where two Judges forming a Division Bench agree as to the decree, order or sentence to be passed, their decision shall be final. But if they disagree, they shall deliver separate judgments and thereupon the Chief Justice shall refer, for the opinion of another Judge, the matter or matters on which such disagreement exists, and the decree, order or sentence shall follow the opinion of the Judges hearing the case."
Under application of codes to High Court, Sec.121 was referred.
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