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Code
Section 155. [Amendment of certain Acts.]
Repealed by Section 2 and the First Schedule of the Repealing and Amending Act, 1952 (Act 48 of 1952).
Explanation of Section 155 CPC
Section 155 CPC is a repealed provision. Parliament removed it through the Repealing and Amending Act, 1952 because it had fulfilled its legislative purpose.
Originally, the section related to amendments made to certain existing laws when the Civil Procedure Code came into operation. Such provisions are often temporary in nature. Once the amendments become effective, the provision itself no longer serves an independent purpose.
As a result, Parliament repealed Section 155 during the process of removing obsolete and unnecessary provisions from the statute book.
Today, courts do not apply or interpret Section 155 CPC in civil proceedings. Instead, they rely on the current provisions of the Civil Procedure Code and other laws that remain in force.
Although Section 155 has no present legal effect, legal researchers and law students may still encounter it while studying older editions of the Civil Procedure Code or historical legal materials.
Illustration
A legal researcher studies an early edition of the Civil Procedure Code and notices Section 155 relating to the amendment of certain Acts.
When the researcher compares it with the latest version of the Code, they find that Parliament repealed the section in 1952.
Therefore, the researcher understands that Section 155 is relevant only for historical study and not for current legal practice.
Common Questions and Answers
What is Section 155 CPC?
Answer:
Section 155 CPC was a provision relating to the amendment of certain Acts. Parliament has since repealed it.
Is Section 155 CPC still applicable?
Answer:
No. Section 155 CPC was repealed by the Repealing and Amending Act, 1952, and it has no legal effect today.
Why was Section 155 CPC repealed?
Answer:
The legislature repealed it because it had already served its purpose and was no longer necessary.
Can courts apply Section 155 CPC today?
Answer:
No. Courts do not apply repealed provisions. They decide cases according to the current provisions of the Civil Procedure Code and other applicable laws.
Why should law students know about Section 155 CPC?
Answer:
Law students may come across Section 155 in historical legal texts or older commentaries. Knowing that it has been repealed helps them understand the evolution of the Civil Procedure Code.
Conclusion
Section 155 CPC is a repealed provision that no longer forms part of the Civil Procedure Code. It originally related to the amendment of certain Acts but became unnecessary after achieving its legislative purpose. Parliament repealed it through the Repealing and Amending Act, 1952. Today, Section 155 serves only as a historical reference and has no role in modern civil litigation.
