Introduction: The ‘Code of Civil Procedure’ is a procedure law, i.e., an adjective law. The Code neither creates nor takes away any right. It only helps in proving or implementing the ‘Substantive Law’. The Code contains 158 Sections and 51 Orders. The object of the Code is to consolidate (all the laws relating to the procedure to be adopted by the Civil Courts) and amend the law relating to the procedure of Courts of Civil Procedure. The procedural laws are always retrospective in operation unless there are good reasons to the
contrary. The reason is that no one can have a vested right in forms of procedure. The Code of Civil Procedure is not retrospective in operation.- The Code is not exhaustive.

Extent, Applicability and Commencement: It extends to the whole of India, except the State of Jammu & Kashmir, and the State of Nagaland and Tribal Areas. It also extends to the Amindivi Islands, the East Godavari and Vishakhapatnam Agencies in the State of Arunachal Pradesh and the Union Territories of Lakshadweep. The provisions of the Code have also been extended to the Schedule Areas by the amendment Act of 1976. This Act is effective from 01 Day of January 1909.

The body of the code containing sections is fundamental and cannot be amended except by the Legislature while the First Schedule of the Code, containing Orders and Rules, can be amended by the High Courts. The sections and Rules must be read together and harmoniously construed, but if rules are inconsistent with the sections, the latter will prevail.