Section 157 CPC: Continuance of Orders Under Repealed Enactments

Section 157 of the Code of Civil Procedure, 1908 preserves specified notifications, rules, appointments and other acts made under earlier procedural laws, provided they are consistent with the 1908 Code.

Text of Section 157 CPC

Source: India Code, Code of Civil Procedure, 1908 (official PDF).

Meaning and purpose of Section 157

Section 157 is a saving and continuity provision. When the Code of Civil Procedure, 1908 replaced earlier civil procedure enactments, it avoided the need to reissue every valid procedural notification, rule, appointment or authorization merely because the earlier law had been repealed.

The provision treats qualifying acts under the repealed laws as having been done under the 1908 Code by the competent authority. This continuity is expressly subject to consistency with the Code.

What does Section 157 preserve?

The section specifically covers the following categories of acts performed under the earlier enactments:

• Notifications published: official notifications issued under the previous procedural framework.
• Declarations and rules made: formal declarations and procedural rules.
• Places appointed: designations of places under the former enactments.
• Agreements filed: agreements filed pursuant to the former law.
• Scales prescribed: officially prescribed scales under the earlier enactments.
• Forms framed: forms established for procedural use.
• Appointments made: appointments made under the repealed provisions.
• Powers conferred: statutory powers granted under those enactments.

The section refers to Act VIII of 1859, earlier Codes of Civil Procedure, Acts amending those Codes and other enactments repealed by the 1908 Code.

Conditions for continued validity

Section 157 does not preserve every historical act unconditionally. Its operation depends on whether the act falls within the specified categories and was made under an enactment covered by the section. Most importantly, the act must be consistent with the Code of Civil Procedure, 1908.

An earlier rule or notification conflicting with the applicable provisions of the 1908 Code cannot claim continued effect merely by invoking Section 157. The existence of any subsequent amendment, repeal, replacement, applicable state amendment or valid court rule must also be considered.

Illustrative application

Suppose an authorized procedural form was validly framed under an earlier Code of Civil Procedure and was not inconsistent with the 1908 Code. Section 157 provides a basis for its continued effect without requiring that it be framed afresh solely because the earlier enactment was repealed. This is an illustration of the statutory principle, not a finding that any particular historical form remains operative today.

Relationship with Sections 156 and 158 CPC

Section 156: The former repeal provision is itself marked as repealed by the Second Repealing and Amending Act, 1914. That editorial status should not be confused with the continuing text of Section 157.

Section 158: This provision addresses references in earlier enactments and notifications to repealed civil procedure laws, directing that such references, so far as practicable, be read as references to the 1908 Code or its corresponding Part, Order, section or rule. Section 157 preserves qualifying acts; Section 158 deals with corresponding statutory references.

Why Section 157 matters

The section supports legal certainty during the transition from older procedural legislation to the Code of Civil Procedure, 1908. It reduces disruption to administrative and procedural arrangements, while ensuring that inconsistent earlier measures are not automatically carried forward.

For a particular notification, rule, form or appointment, its continued legal effect requires examination of its original authority, its compatibility with the 1908 Code and any later changes in the law.

Official legal reference

Consult the official text of the Code of Civil Procedure, 1908 on India Code for Sections 157 and 158 and the relevant legislative notes. State amendments and applicable High Court rules should be checked where a particular jurisdiction is involved.

Note: This article explains the central statutory provision for general legal information. Whether an older instrument remains enforceable in a specific matter depends on the relevant enactments, amendments and facts.

Article reviewed: 12 October 2026.