Limitations and Shortcomings of the Code of Civil Procedure (1908)
The Code has certain limitations that need attention:
It doesn’t clarify whether dismissal for default under Section 2(2) is related to the default of appearance or any other kind of default.
Section 211 of the Code of Civil Procedure 1908 is not addressed, leaving a gap in the coverage of certain provisions.
The 1999 amendment faced objections from lawyers due to the 30-day response time for defendants.
There’s no provision for a second appeal when the subject matter of the suit involves the recovery of money not exceeding Rs.25,000.
Code of Civil Procedure (CPC)
The Code of Civil Procedure 1908 is a law that brings together and changes the rules of civil courts. The Ministry of Law and Justice in the government of India oversees this code. It was made into law on March 21, 1908, when the Imperial Legislative Council canceled the Civil Procedure Code of 1882.
In this article, we will look into the reasons for having this code, how it is set up, its different parts, and any changes made to it over time.