Law: Civil Procedure Code (V of 1908)

Section: 1

(a) Interpretation of statutes--- ----Procedural and substantive law---Determination of nature of a statute---Test applied to determine whether a statute is procedural law or substantive law---Scope---Real nature of any statute could not be determined by its nomenclature and description, but a glance at such statutes actual contents was essential---While distinction between substantive law and procedural law was clearly drawn in theory, there were many rules of procedure which, in practical operation, were wholly or substantially equivalent to rules of substantive law---Law of procedure may be defined as that branch of the law which governed process of litigation and all that was the residue was substantive law and related not to process of litigation but to its purpose and subject matter. The Anatomy of Science (1926) P. 178; Salmond on Jurisprudence by P. J. Fitzgerald, 12th Edition, Section 128; Nabi Ahmed and another v. Home Secretary, Government of the West Pakistan, Lahore and 4 others PLD 1969 SC 599; S. M. Junaid v. President of Pakistan PLD 1981 SC 12; Aftabuddin Qureshi and another v. Mst. Rachel Joseph and another PLD 2001 SC 482 and Muhammad Asghar v. Hussain Ahmad and others PLD 2014 SC 89 rel. (b) Civil Procedure Code (V of 1908)--- ----Preamble S. 1---Nature and scope of the Civil Procedure Code, 1908---Every important rule of both procedure and substantive law were intertwined in the C.P.C. so as to make same as much as possible a comprehensive compendium to cover complete system of the Courts of Civil Judicature. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Nature of jurisdiction under S.115, C.P.C.---Right to seek revision by filing application under S.115 of C.P.C. of a case decided in which no appeal lay, on ground of irregular or improper exercise or non-exercise of jurisdiction, was a substantive right conferred by the C.P.C. The Relation of Dress to Art in Pall Mall Gaz. (28 Feb. 1885); Muhammad Riasat, SET (Science) and others v. The Secretary of Education, N.W.F.P., Peshawar and 2 others 1997 SCMR 1626; Azmatullah through LRs. v. Mst. Hameeda Bibi and others 2005 SCMR 1201; National Bank of Pakistan through Chairman…

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