FACTS

1. Before 1st July 1859, there were no less than 9 different systems of civil procedure simultaneously in force in Bengal.

2. As passed, the Civil Procedure Code of 1859 did not apply to Supreme Court and the presidency small causes Court. As the code was ill-drawn ill-arranged and incomplete if fresh code had to be passed in 1877.

3. After 5 years another code was passed namely the code of 1882 and the code of 1882 was supplanted by the treasury code in 1908.

4. The code of civil procedure 1908 came into force on 1st January 1909.

5. The code of civil procedure Amendment Act 1999 proposed several changes to the code. However the same was not notified and some of the proposed changes under the Amendment Act of 1999 were deleted or substituted through the code of civil procedure Amendment Act 2002.

6. The code of civil procedure is in two parts. The body of the code contains section 1- 158 and the first schedule which contains 51 orders.

7. The sections laid down the general principles of the jurisdiction, and the orders and rules describe the method and manner in which that jurisdiction may be exercise.

8. If the rules are inconsistent with the section, this section shall prevail.

9. The code of civil procedure is retrospective in nature.

10. The sections and the rules have to be read together and construed harmoniously.