Code
Reference to Code of Civil Procedure and other repealed enactments.—In every enactment
or notification passed or issued before the commencement of this Code in which reference is made to or
to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the
same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken
to be made to this Code or to its corresponding Part, Order, section or rule.
Explanation of Section 158 CPC
Section 158 CPC provides a practical rule for interpreting older laws and official notifications. Before the Civil Procedure Code, 1908 came into force, many statutes referred to provisions of earlier Civil Procedure Acts. When those earlier laws were repealed, such references could have created uncertainty.
To solve this problem, Section 158 CPC states that references to repealed procedural laws should, as far as practicable, be treated as references to the corresponding provisions of the present Civil Procedure Code.
This approach avoids unnecessary amendments to every existing statute or notification. Instead, courts interpret the old reference in light of the current Code whenever an equivalent provision exists.
However, the section uses the words “so far as may be practicable.” Therefore, the court applies the corresponding provision only when it reasonably matches the repealed one. If no equivalent provision exists, the court interprets the law according to established legal principles.
Section 158 CPC strengthens legal continuity by ensuring that earlier enactments remain effective despite changes in procedural legislation. Consequently, it supports consistency, certainty, and efficient administration of justice.
Illustration
A State law enacted before 1908 refers to a provision of the Civil Procedure Act of 1859.
After the Civil Procedure Code, 1908 replaces the earlier law, the court interprets the reference as pointing to the corresponding provision of the current CPC instead of the repealed Act.
As a result, the older State law continues to operate without requiring immediate legislative amendment.
Common Questions and Answers
What is Section 158 CPC?
Answer:
Section 158 CPC provides that references to repealed Civil Procedure laws in earlier enactments or notifications should be treated as references to the corresponding provisions of the Civil Procedure Code, 1908.
Why is Section 158 CPC important?
Answer:
The section prevents confusion after the repeal of earlier procedural laws and ensures that older statutes remain effective through appropriate interpretation.
Does Section 158 CPC automatically replace every old reference?
Answer:
The section applies so far as practicable. Courts replace the old reference with the corresponding provision of the CPC whenever a suitable equivalent exists.
Does Section 158 CPC amend older laws?
Answer:
No. It provides a rule of interpretation. The section helps courts read old references as references to the current Civil Procedure Code.
What is the main objective of Section 158 CPC?
Answer:
Its main objective is to preserve legal continuity and ensure that repealed procedural laws do not create uncertainty in the interpretation of earlier enactments and notifications.
Conclusion
Section 158 CPC plays an important role in preserving consistency within the legal system. It ensures that references to repealed Civil Procedure laws continue to have meaning by directing courts to interpret them as references to the corresponding provisions of the Civil Procedure Code, 1908. This approach avoids confusion, supports legislative continuity, and enables older laws to remain effective without unnecessary amendments.
