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Section 155: Amendment of certain Acts (Repealed)

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 154 All 158 Sections of Code of Civil Procedure Section 156

Legal Commentary & Landmark Judgments: Section 155

Section 155 of the Code of Civil Procedure, 1908 historically enacted the statutory repeal of earlier procedural enactments, prior to being formally repealed by the Repealing and Amending Act, 1952 (Act 48 of 1952) and the Code of Civil Procedure (Amendment) Act, 1976 (Act 104 of 1976).

  • Repeal of Earlier Procedural Codes: Originally enacted to repeal the Code of Civil Procedure, 1882 (Act 14 of 1882) and enact the modernized procedural framework of the 1908 Code.
  • Statutory Spent Character and Repeal: Formally repealed by the Repealing and Amending Act, 1952 (48 of 1952), having achieved its transitional purpose of substituting the old procedural codes.
  • Application of Section 6 General Clauses Act: Under Section 6 of the General Clauses Act, 1897, the repeal of Section 155 does not revive previous procedural laws or impair ongoing proceedings instituted under the 1908 Code.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: Supreme Court established the definitive principles governing statutory repeals, holding that a repealing act spent of purpose does not affect rights and procedures already crystallized.
  • Kolhapur Canesugar Mills Ltd. v. Union of India (2000) 2 SCC 536: Constitution Bench expounded on the doctrine of saving of actions and statutory continuity under Section 6 of the General Clauses Act following legislative repeal.
  • Municipal Council, Palai v. T.J. Joseph AIR 1963 SC 1561: Supreme Court discussed the legal effect of express and implied statutory repeals in procedural codes.
Courtroom Practice & Strategic Litigation Guidance:

When researching archaic civil procedure references or pre-1908 procedural judgments, note that Section 155 completed the statutory transition to the CPC 1908; procedural rights are governed exclusively by the modern Code and its state amendments.

Section 154 All 158 Sections of Code of Civil Procedure Section 156