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The law can be broadly classified as Substantive Law, and Procedural Law. The Substantive Law, whether it is based on statute law or common law, defines what facts are constituting a fact or liability.To (Example: The Indian Penal Code, 1860 which describes various offenses punishable under Criminal acts). On the contrary, the Procedural law or adjective law, on the other hand, prescribes the procedure and machinery for the enforcement of those rights and liabilities.
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The main object of this civil procedure code is to consolidate and amend the laws relating to the procedure and practices followed in the Civil Courts in India.
History and Background
In India, till 1859, there was no uniform codified law for the procedures to be followed in Civil Courts. The courts were governed by different systems of Civil procedure through various rules, regulations and special acts and those were changed on time to time basis on the basis of circumstances and needs. In 1859 a uniform civil procedure Code was introduced by passing the Civil Procedure Code (Act VII of 1859). But the code could not serve the purpose as this code was not made applicable to the Supreme Courts and the Sadar Diwani Adalats.
The Supreme Courts and the Sadar Diwani Adalats were abolished in 1861 through the Indian High Courts Act. The Civil Procedure Code 1859 made applicable to the newly established High Courts which replaced the supreme Courts at Madras, Bombay and Calcutta. After that, the Code of 1859 was amended regularly from time to time and was replaced by passing the Civil Procedure Code, 1877. This code of 1877 was amended in 1878 and 1879 and the third civil procedure Code was enacted in 1882, which replaced the previous code. The Code of Civil Procedure 1882 was also amended several times and ultimately the present code of Civil Procedure, 1908 was passed overshadowing the defects of the Code of 1882. Further. Between 1909 to 1976, the Code has been amended for more than 30 times.
The main object of this civil procedure code is to consolidate and amend the laws relating to the procedure and practices followed in the Civil Courts in India.
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