The Code of Civil Procedure, 1908: A Historical Perspective-By Judge Nazmul Hasan.

 

The Code of Civil Procedure, 1908:

A Historical Perspective

The Code of Civil Procedure, 1908 (CPC), is a landmark procedural law that governs the functioning of civil courts and the conduct of civil litigation in Bangladesh. Its enactment was the culmination of a long and complex historical process of legal reform in the Indian subcontinent, which began under British rule. To fully appreciate the significance of the 1908 Code, we must trace its origins from the early colonial period.

Early British Administration and the Need for Codification

Before the British established a unified legal system, the subcontinent's legal landscape was fragmented, with a mix of local customs, religious laws (Hindu and Muslim personal laws), and royal decrees. The British East India Company, initially a trading entity, gradually assumed administrative and judicial powers. The earliest attempts at judicial administration were rudimentary, primarily focused on revenue collection.

The Regulating Act of 1773 and the subsequent establishment of the Supreme Courts in Calcutta, Madras, and Bombay marked the beginning of a more structured judicial system. However, these courts applied a chaotic mixture of English common law, statutes, and local regulations. The need for a coherent, uniform system of procedural law became evident to ensure consistency and predictability in civil litigation.

The First Codification Efforts: From 1859 to 1877

The initial steps toward codification of civil procedure were taken in the mid-19th century. The First Law Commission of India, headed by Lord Thomas Macaulay, drafted several key pieces of legislation, including the Indian Penal Code of 1860. The commission also recognized the need for a procedural code to regulate the application of substantive laws.

This led to the enactment of the Code of Civil Procedure, 1859. This was the first attempt at a comprehensive procedural law for the civil courts of British India. While it was a significant step forward, it suffered from several drawbacks, including being overly complex and not applicable to all parts of the country.

To address these issues, the CPC was revised. The Code of Civil Procedure, 1877, was enacted to replace the 1859 Code. This version was a considerable improvement, introducing a more logical structure and addressing some of the shortcomings of its predecessor. However, it was not long before further revisions were deemed necessary to resolve ambiguities and simplify the procedural framework.

The Enactment of the Code of Civil Procedure, 1882

The Code of Civil Procedure, 1882, followed the 1877 Code. It was, in essence, a refined version of the previous law, incorporating judicial interpretations and practical experiences gained since 1877. This Code aimed to streamline the litigation process and reduce delays. It remained the primary law governing civil procedure for several decades. Despite its improvements, it too was criticized for its verbosity and for not adequately addressing certain procedural issues that arose in practice.

The Code of Civil Procedure, 1908: The Current Law

The continuous need for reform led to the appointment of a new committee to once again revise the Code. The result of this extensive review was the Code of Civil Procedure, 1908, which was passed on March 21, 1908, and came into force on January 1, 1909. This Code was designed to be a comprehensive and complete procedural law, consolidating the principles of the previous codes while incorporating new provisions to tackle judicial delays and procedural complexities.

The 1908 Code marked a significant milestone. It was structured into a main body of 158 sections, which laid down the substantive principles of civil procedure, and a First Schedule containing Orders and Rules, which detailed the procedural steps for various aspects of a civil suit. This distinction between Sections and Orders/Rules was a key feature, allowing for easier amendment of the procedural details without altering the core principles of the law.

After the partition of India in 1947 and the independence of Bangladesh in 1971, the Code of Civil Procedure, 1908, was adopted by the new states with necessary adaptations and amendments. In Bangladesh, the Code has been subject to several important amendments, such as in 2006 and 2025 to address new challenges and to further expedite the litigation process. The 1908 Code, with its modern amendments, remains a cornerstone of the legal system, embodying a legacy of reform aimed at balancing the principles of justice, fairness, and judicial economy.

Conclusion

The evolution of the Code of Civil Procedure, culminating in the 1908 Code, is a testament to the continuous effort to create a just and efficient legal system in the Indian subcontinent. Beginning with the fragmented legal landscape of the early British era, the journey from the rudimentary attempts at judicial administration to the comprehensive Codes of 1859, 1877, and 1882 demonstrates a progressive drive toward legal uniformity and clarity. The Code of Civil Procedure, 1908, stands as a landmark achievement, introducing a structured framework of sections and orders/rules that allows for flexibility while maintaining core legal principles. Its endurance and adaptability are evident in its adoption by successor states like Bangladesh, where it continues to serve as the bedrock of civil litigation. With necessary amendments to meet modern challenges, the 1908 Code remains a cornerstone of the legal system, reflecting a legacy of reform aimed at balancing the fundamental principles of justice, fairness, and judicial economy.

About the Author

Nazmul Hasan

Senior Assistant Judge.

Professional Highlights

• Senior Assistant Judge / Senior Judicial Magistrate, 11^th  Bangladesh Judicial Service (BJS)
• Merit Position: 7^th  in the 11^th BJS

Academic Qualifications

• LL.B. (Hons.) – First Class First, University of Rajshahi
• LL.M. – First Class, University of Rajshahi

Honors & Achievements                                                                                        

• Prime Minister Gold Medalist – 2017
• Agrani Bank Gold Medalist for Academic Excellence –  2023