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Report No. 27

3. The 1877 Code.-The 1859 Code was soon found to be "ill-drawn, ill-arranged and incomplete1." In 1863-64, a fairly comprehensive Bill was prepared by Mr. Harrington (afterwards Sir Heway Harrington) to replace it. But, for some reason, the enactment of the Bill into law was deferred. In the meantime Acts dealing with particular branches of law were enacted, and these necessitated corresponding changes in the Code.

The work of revision was taken up seriously when Dr. Whitley Stokes, at that time Secretary to the Government of India in the Legislative Department, was permitted by the Law Member to recast the draft Bill prepared by Mr. Harrington. He re-arrange2 in a systematic manner the provisions of the Code of 1859. He introduced a number of new provisions based on orders and rules made in England under the Judicature Acts. He also borrowed some provisions of the New York Civil Code. Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877.

1. Whitley Stokes: Op. Cit., p. 385.

2. Whitley Stokes The Anglo-Indian Codes, (1888), p. 386.

4. The 1882 Code.-Soon after the enactment of the Code of 1877, it was realised that the new Code required several amendments. As many as 130 sections of the Code were amended1 in 1879. Further amendments were proposed in 1882. It was then decided, that the Code should be completely recast. It was in these circumstances that the Code of Civil Procedure, 1882, was enacted.

1. Whitley Stokes: Op. Cit., p. 388.

Code of Civil Procedure, 1908 Back

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