Is Civil Procedure Code a procedural law or substantive law?

Question: Is Civil Procedure Code a procedural law or substantive law?

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Answer

Laws can be divided into two groups-

1. Substantive Law
2. Adjective or procedural Law.

Substantive laws determine the rights and liabilities of parties whereas adjective or procedural laws prescribe procedural for the enforcement of such rights and liabilities. Procedural law is thus an adjunct or an accessory to substantive law.

The efficacy of substantive laws relies heavily on the quality of procedural laws. Unless the procedure is plain and simple substantive laws however good are bound to fail.

Examples of Substantive law– The Indian Contract Act, The Transfer of Property Act, The Indian Penal Code, etc.

Examples of Procedural law- Code of Civil Procedure, Code of Criminal Procedure, etc.

The Code of Civil Procedure is one of the most important branches of the adjective or procedural law. It neither creates nor takes away any rights. It is intended to regulate the procedure to be followed by the civil courts. [Ghanshyam Dass v. Dominion of India, (1984) 3 SCC 46]

The main object of the civil procedure code is to consolidate and amend the laws relating to the procedure and practices followed in the Civil Courts in India.

The Civil Procedure Code regulates every action in civil courts and the parties before it, till the execution of the decree and order. The aim of Procedural law is to implement the principles of Substantive law. This Code ensures fair justice by enforcing the rights and liabilities.

The apex court in the case Saiyad Mohammad Bakar El-Edroos v. Abdulhabib Hasan Arab And Ors, (1998) emphasized the procedural aspect of CPC and said:

"A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. A procedural law is always subservient to the substantive law. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away be the procedural law what is given by the substantive law."

While substantive laws establish the legal rights and duties of parties, procedural laws govern the technical aspects of how those rights and duties are enforced and resolved through the legal process.

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