Sarthak Chugh, Vivekanand Education Society’s College of Law (VESCOL)
Introduction
The Indian Judiciary system is an intricate mechanism comprising of various levels and levers of efficient functioning. The Courts of Law, the primary and most pertinent institutes of adjudication and disposal of cases, have a clearly defined hierarchy. The hierarchy is important to be maintained and respected whilst the determination of any suit or trial is before the Court.
It is a well-established precedent that the Supreme Court of India is the highest and the apex body of the Judiciary and each State has a High Court which forms the most pertinent judicial body of that State/s or Union Territories. However, in order to ease the pressure on the High Courts, there are a myriad of courts, collectively termed as the Lower Courts which serve a plethora of functions depending on the type of the case (ie civil or criminal) or the subject- matter or peculiarly et al.
To govern and regulate the functioning of the Civil Courts of the country, the Civil Procedure Code was passed in 1859. As the name suggests, it is a procedural statute which clearly demarcates the regulatory, authoritative and jurisdictional powers as well as duties that any civil court or suit has. Sections 113, 114 and 115 of the Civil Procedure Code, 1859, (hereafter referred to as Code or CPC) are three of the most important provisions which allow an interaction and amalgamation of discourses between the Lower Courts and the High Court.
Elucidated below are the explanation of each of the three provisions in detail followed by a table which looks at the granular detail of comparison between those provisions.
Comentarios