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Report No. 27

The Code of Civil Procedure, 1908

Forward to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by Mr. Justice J.L. Kapur, Chairman, Law Commission of India, on December 13, 1964.

1. Importance of the subject.-In every civilized society there are two sets of laws (i) substantive laws and (ii) procedural laws. Substantive laws determine the rights and obligations of citizens. Procedural laws prescribe the procedure for the enforcement of such rights and obligations. Of the two, substantive laws are no doubt the more important. But the efficacy of substantive laws, to a large extent, depends upon the quality of the procedural laws. Unless the procedure is simple, expeditious and inexpensive, the substantive laws, however good, are bound to fail in their purpose and object. Substantive law, according to Sir Henry Maine1, has at first the look of being gradually secreted in the interstices of procedure. In this view, the revision of the Code of Civil Procedure assumes considerable importance.

1. Sir Henry Maine Dissertations on Early Law and Custom, (1883), p. 389.



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