The Code of Civil Procedure, 1908-A Historical Perspective.pdf

This document offers a historical perspective on the Code of Civil Procedure, 1908 (CPC), which governs civil litigation in Bangladesh. Authored by Nazmul Hasan, a Senior Assistant Judge , the text traces the evolution of civil procedure law from the fragmented legal landscape of early British India. It details the significant codification efforts, including the Codes of 1859, 1877, and 1882. The 1908 Code is presented as a landmark achievement, introducing a structured framework of sections and orders/rules that allows for flexibility while maintaining core legal principles. The document concludes by noting the enduring relevance of the 1908 Code, which was adopted by successor states like Bangladesh and remains a cornerstone of its legal system with necessary amendments.

1. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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The Code of Civil Procedure, 1908:
A Historical Perspective
By-Nazmul Hasan
1


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,

1
Senior Assistant Judge, 11
th
Bangladesh Judicial Service (BJS)

2. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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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

3. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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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.

4. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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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.

5. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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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

6. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

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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

7. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS.

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