Preamble of the Code of Civil Procedure, 1908

A reading of the preamble of the Code of Civil Procedure, 1908 shows that it is an act to consolidate law relating to the procedure of the Courts of Civil Judicature.

The preamble of the Code of 1908 reads:

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;


This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by notification Under 88, 5 and 5A of the Scheduled Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts :

(1) The Districts of Jalpaigliri, Cachar (excluding the North Cachar Hills), Goalpara (including the Eastern Duars), Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts), Sibsagar (excluding the Mikir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tracts); Gazette of Jidia, 1909, Pt, I, p. 5 and ibid., 1914, pt. I, P. 1690.

(2) The District of Darjeeling and the District of Hazaribagh, Ranch!, Palamau and Manghum in Chota Nagpur :Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt.I,p.33. ‘ , ,

(3) The ~ce of Kumaon and Gaihwal and the Tarai Parganas (with modifications) : U.P. Gazette, 1909, Pt. I, p. 3 and Gazette of India, 1909, Pt. I, p. 31.

(4) The Pargana of Jaunsar-Bawar in Dehra Dun and the Scheduled portion of the Mirzapur District: U. P. Gazette, 1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.

(5) Coorg : Gazette of India, 1909, Pt. L p. 32.

(6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt. I, p. 33.

(7) Section 36 to 43. to all the Scheduled Districts in Madras: Gazette of India, 1909, Pt. I, p. 152.

(8) Scheduled Districts in C.P., except so much as is already in force and so much as authorizes the attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property : Gazette of India, 1909,Pt. I,p. 239.

(9) Ajmer-Merwara, except sections 1 and 155 to 158: Gazette of India, 1909, Pt.n, p. 480.

(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singbhum : Calcutta Gazette, 1909, Pt.I,p. 453 and Gazette of India,1909,Pt.I, p.443.

Under section 3 (3)(it) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and, 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal.

Parganas and the rest of the Code for the tri,al of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta Gazette, 1909, Pt. I, p. 45.

It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2; in the Khonilmals District’by the Khondinals Laws Regulation, 1936 (4 of 1936) s. 3 and Sch., and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936); s. 3 and Sch. “

It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s. 2.’