Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Preamble---Procedural law---Object, scope and purpose---"Substantive law" and "law of procedure"---Distinction---Provisions of Code of Civil Procedure, 1908, were to be considered liberally and as far as possible, technical objections should not be allowed to defeat substantial justice---Technical construction of sections that leaves no room for reasonable elasticity of interpretation was to be guarded against---Code of Civil Procedure, 1908 is a body of general law, designed to facilitate justice and it should not be treated as an enactment providing for punishment and penalties---Law of justice should be so constructed as to render justice where reasonably possible---Construction which reduces the statute to a futility has to be avoided---Statute or any enacting provision therein must be so construed as to make it effective and operative---Rules framed in Code of Civil Procedure, 1908, are for advancement of justice and should not, as far as possible, be allowed to operate so as to defeat the ends of justice---Distinction between "substantive law" and "law of procedure" is very narrow one but for the purposes of jurisprudence a distinction is made particularly from the point of view of administration of justice---Procedure is mere machinery and its object is to facilitate and not to obstruct administration of justice. Narsingh Das v. Mangal Dubey and others (1883) ILR 5All 163 and Imtiaz Ahmad v. Ghulam Ali and others PLD 1963 SC 382 rel. (b) Interpretation of statutes--- ----"Substantive" or "procedural" law---Determination---Statute can be either substantive or procedural; substantive law defines rights while procedural law deals mainly with procedure or remedies. (c) Interpretation of statutes--- ----Change in law---Scope---Law must not become stagnant or archaic while society moves forward---Law must be accessible, intelligible and must change with times responding to realities of modern life. (d) Civil Procedure Code (V of 1908)--- ----S. 151, O.X, R.1-A & O.XXVI, R.4---Suit for declaration and injunction---Local Commissioner---Recording of evidence---Plaintiff sought appointment of Local Commissioner to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492