Section 1: Short title, commencement and extent

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 1

Section 1 provides the short title, territorial extent across India, and statutory commencement of the Code of Civil Procedure, 1908 (CPC), establishing the premier national procedural code governing civil adjudication, pleadings, decrees, and execution across all civil courts in India.

  • Short Title: Formally titled the Code of Civil Procedure, 1908 (Act 5 of 1908).
  • Commencement: Came into force on the first day of January, 1909.
  • Territorial Extent: Extends to the whole of India; following the J&K Reorganisation Act, 2019, applies uniformly across all States and Union Territories.
  • Tribal & Special Area Savings: Section 1(3) provides that the Code does not extend to the State of Nagaland and tribal areas, subject to the State Government's power to extend its provisions by notification while preserving customary dispute resolution.
Key Landmark Precedents:
  • State of Nagaland v. Ratan Singh, AIR 1967 SC 212: The Constitution Bench held that while the technical procedural rules of CPC do not apply rigidly to tribal areas under Section 1(3), the underlying principles of justice, equity, and fair trial must govern civil disputes there.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court upheld the constitutional validity of the CPC amendments, confirming that the procedural code exists to facilitate substantive justice, not obstruct it.
Courtroom Practice & Strategic Litigation Guidance:

In civil disputes arising in tribal belts or scheduled areas, verify whether the local district operates under customary tribal councils or if CPC provisions have been formally notified by the State under Section 1(3).