The term “procedure” evolves from the word “procéder”,which is French for ‘proceed’. Procedural law can be considered to be the collection of rules that govern how courts do their business. It basically controls how courts hear cases and how parties can bring their case before the court. Procedure is what helps courts decide matters in a fair and uniform manner, with a certain level of predictability so that one party cannot unfairly surprise the other. The Code of Civil Procedure (CPC) is what governs the happenings at the civil courts. The CPC regulates every action in civil courts and parties before it till the execution of the decree and the order. The purpose of the CPC is to implement substantive law, and ensuring justice by enforcing the rights and liabilities.
The Code of Civil Procedure is a territorial law, and has been amended several times to meet the needs and requirements which are dynamic and changing from time to time. Enumerating on what comes under the umbrella of the procedural law, it includes jurisdiction of the courts, proceeding in the court, issue of processes which includes summons, warrants, etc, pleadings, trial procedure, recording of evidence, appearance of parties, advocates, prosecutors, etc, judgement of the courts, costs, review, revision, appeals etc., and finally the execution of decree or order or punishment in criminal cases.
Therefore differentiating it with the substantive law, it deals with the ends which the administration of justice seeks to achieve. Whereby procedural law deals with the means and procedure by which those ends can be achieved. While substantive law determines the conduct and relations inter se in respect of the matter litigated, the procedural regulates the conduct of the court and parties therein. The end of the administration of justice is dealt with the procedural law deals with means and instruments by which the ends of justice may be attained.
To make learning of this code simpler and more comprehensive, Enhelion has collaborated with Legal Eye Advocates and Legal Consultants to bring a course named “Certificate on Civil Procedure Code”.Being a self-paced course, this course helps the student in strengthening his/ her knowledge of the backbone of civil litigation by focusing on summons, procedure, inquiry, appearances, and other concepts.