Civil Procedure Code 1908 (CPC) ,Section 1, Short title, commencement and extent

Code of Civil Procedure 1908

PRELIMINARY

An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature.

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: -

Section 1

Section 1.-(l) This Act may be cited as the Code of Civil Procedure, 1908.

                 (2) It shall come into force on the first day of January 1909.

                 (3) It extends to the whole of Pakistan.

Explanation, Illustration and Relevant Cases:

Civil Procedure Code (V of 1908)‑‑ Section 1‑ Applicability of Code‑Rent Controller not being a civil Court, provisions of Code, held, not strictly applicable to proceedings before him‑‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13. 1982 C L C 599


only those persons are necessary and proper party to proceedings, whose interest are under challenge in the suit and without their presence matter could not be decided on merits--necessary party is one who ought to have joined and in whose absence no effective decision can take place. PLJ 2012 Karachi 191

Civil Procedure Code (V of 1908), Section .1--- Proceedings before Labour Court---Provisions of Civil Procedure Code were not strictly applicable to such proceedings. 1992 P L C 687

(a) Civil Procedure Code (V of 1908) - Preamble & Section. 1---Arbitration Act (X of 1940), Preamble---Where order passed was not an order under Arbitration Act, but was under the provisions of C.P.C., provision of Arbitration Act, 1940 would not apply. P L D 1999 Karachi 235

Civil Procedure Code (V of 1908), Section. 1‑‑‑Election petition‑‑‑Procedure of trial‑‑‑Applicability of provisions of C.P.C.‑‑‑In case of inconsistency between the provisions of C.P.C. and the provisions of Punjab Local Government Ordinance, 1979, or Punjab Local Councils (Election Petitions) Rules, 1979, the former will yield to the latter‑‑‑Where there was no specific provision or rule to the contrary, the provisions of C.P.C. will apply as nearly as possible, in the area, during trial of election petition. 2000 C L C 191

Civil Procedure Code (V of 1908) --Preamble---Scheme and scope of C.P.C., which is quite an exhaustive law, providing a comprehensive mechanism for the disposal of the lis from the time of its commencement, till its conclusion. 2007 C L C 831