An Analysis Of The Efficacy Of The Code Of Civil Procedure, 1908, In Promoting Access To Justice In India
Neha Mehta, CMR University, School of Legal Studies, Bangalore
ABSTRACT
The research paper on ‘An analysis of the efficacy of the Code of Civil Procedure, 1908, in promoting access to justice in India’ will cover an overview of the Code of Civil Procedure,1908 and the key provisions [Sec. 26,27,36,96,114] in it which are related to access to justice. This paper will talk about the historical background of the CPC,1908 and how it was enacted, it will also include about the colonial times and the objectives of this code. The paper will further try to explain the meaning of ‘access to justice’ and what are the challenges faced by the litigants in India such as lack of legal awareness, poverty, illiteracy etc. It will further examine the role of the judiciary and how it has evolved and the role played by courts, judges, lawyers in promoting access to justice. This paper will also examine the procedural framework of CPC,1908 and what role this code has played in promoting access to justice; provisions relating to pleadings, evidence, trial etc will be discussed and the amendments made to CPC and how have they impacted the access to justice; recent amendments such as e-filling, video conferencing etc will also be discussed. In the end a conclusion will be given followed by recommendations on what all improvements can be made to promote greater access to justice in India.
Keywords: Access to justice, Role of Judiciary, Efficacy of CPC,1908 in promoting access to justice, Amendments.
