Section 110 – Code of Civil Procedure – [Omitted.].

Code: Section 110 CPC

Section 110 – [Value of subject matters]

Omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973), s. 3 (w.e.f. 29-11-1973).

Explanation of Section 110 CPC

Section 110 of the Code of Civil Procedure, 1908 earlier dealt with matters relating to the value of the subject matter for certain appellate proceedings. However, the legislature later removed this provision through the Code of Civil Procedure (Amendment) Act, 1973. Therefore, the section no longer forms part of the operative law.

The omission of Section 110 CPC reflected changes in the procedural framework governing appeals. Earlier procedural rules often relied on monetary thresholds or valuation requirements to determine whether a matter qualified for a particular appellate remedy. Over time, lawmakers reconsidered such requirements and introduced reforms to simplify procedural mechanisms.

As a result, Section 110 CPC ceased to have legal effect from 29 November 1973.

Moreover, courts do not apply omitted provisions in present-day litigation. A party cannot rely on Section 110 CPC to establish legal rights, challenge proceedings, or seek relief before a court.

Even though the section no longer operates as law, legal professionals and researchers still examine it because it contributes to the historical understanding of civil procedure law.

Why Omitted CPC Provisions Still Matter

Understanding the Evolution of Procedural Law

Civil procedure has undergone several changes over the years. Therefore, omitted provisions help explain how procedural requirements developed and changed.

Understanding Historical Judgments

Many older judicial decisions referred to Section 110 CPC when it was still in force. Consequently, studying the section helps readers understand the context of earlier rulings.

Understanding Legislative Intent

Additionally, omitted provisions often reveal the reasons behind procedural reforms and legal restructuring.

Illustration

Example 1: Use of Section 110 CPC in Current Litigation

Suppose a litigant attempts to rely on Section 110 CPC while challenging an appellate issue in a modern civil dispute.

The court would reject that argument because the provision no longer exists as an operative part of the Code.

Example 2: Academic Study of Appellate Procedure

A legal researcher studies the development of appellate jurisdiction under CPC and examines earlier valuation rules.

In this situation, Section 110 CPC may help explain the procedural approach followed before the amendment of 1973.

Common Questions and Answers on Section 110 CPC

1. Is Section 110 CPC still in force?

Answer:
No. The legislature omitted Section 110 CPC through the Code of Civil Procedure (Amendment) Act, 1973.

2. What was Section 110 CPC related to?

Answer:
The provision dealt with matters concerning the value of subject matters in certain appellate proceedings.

3. Can courts apply Section 110 CPC today?

Answer:
No. Courts do not apply omitted provisions in present proceedings.

4. Why do legal professionals study omitted provisions?

Answer:
Legal professionals study omitted provisions because they help explain the development of procedural law and earlier legal practices.

5. Does omission remove a provision completely from legal history?

Answer:
No. An omitted section loses legal force but remains part of legislative history and legal research.

Conclusion

Section 110 CPC once addressed valuation requirements connected with appellate proceedings under the Code of Civil Procedure. However, lawmakers later removed the provision through procedural reforms introduced in 1973. Consequently, courts no longer apply it in present disputes. Nevertheless, Section 110 CPC remains useful for understanding the historical development of appellate procedures and civil procedural law in India.

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