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Section 158 CPC: References to the Code of Civil Procedure and Repealed Enactments

Section 158 of the Code of Civil Procedure, 1908 (CPC) explains how references to earlier, repealed civil procedure legislation in pre-1909 enactments and notifications should be interpreted. Where practicable, they are read as references to the corresponding provisions of the 1908 Code.

Section 158 CPC - Statutory text

158. Reference to Code of Civil Procedure and other repealed enactments.--In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.

Source: official Code of Civil Procedure, 1908, published on India Code. The wording above follows the official edition.

Meaning and purpose of Section 158 CPC

The Code of Civil Procedure, 1908 (Act 5 of 1908) came into force on 1 January 1909. Earlier legislation and government notifications sometimes cited provisions of previous civil procedure enactments. Section 158 supplies a rule for reading those historical citations after the commencement of the 1908 Code.

It is a transitional interpretative provision. Rather than treating an older reference as meaningless merely because its source enactment was repealed, the reader identifies the corresponding Part, Order, section or rule of the 1908 Code, if a workable correspondence exists.

Important expressions explained

  • Enactment: a law passed by a competent legislature.
  • Notification: an official instrument issued under legal authority.
  • Repealed enactment: legislation that has been formally withdrawn or superseded by repeal.
  • Corresponding provision: a provision of the 1908 Code dealing with the subject addressed by the earlier reference; its number need not be identical.
  • So far as may be practicable: the conversion applies where a meaningful equivalent can reasonably be identified; it does not create an equivalent where none exists.

How Section 158 works in practice

Suppose an enactment made before 1 January 1909 refers to a chapter of an earlier Code of Civil Procedure. When interpreting that enactment today, the relevant reference may be understood as referring to the corresponding provision of the 1908 Code, provided the subject matter and legal context support that reading.

The process requires examination of the earlier text, the current provision and any subsequent amendments. Section 158 does not automatically revive a repealed substantive rule, override a later express statutory direction or establish that every former provision has an exact counterpart.

Section 157 - Continuance of orders under repealed enactments

Section 157 CPC preserves specified notifications, rules, appointments and other acts made under repealed enactments, to the extent they are consistent with the 1908 Code. Section 158, by contrast, addresses how references to repealed laws in earlier enactments and notifications are to be read.

Sections 154 to 156 - Repealed provisions

Sections 154 and 155 were repealed by the Repealing and Amending Act, 1952, and Section 156 was repealed by the Second Repealing and Amending Act, 1914. These historical changes should not be confused with the continuing operation of Sections 157 and 158.

Section 8 of the General Clauses Act, 1897

Section 8 of the General Clauses Act, 1897 provides a broader rule about construing references to repealed and re-enacted provisions, subject to its statutory conditions and any contrary intention. Section 158 CPC specifically addresses references in enactments and notifications predating the commencement of the 1908 Code.

Frequently asked questions

Is Section 158 CPC still applicable?

Yes. Section 158 remains part of the central text of the Code of Civil Procedure, 1908. Its practical relevance arises when older enactments or notifications contain references to repealed civil procedure laws.

Does Section 158 apply to every old reference?

No. The statutory words "so far as may be practicable" require a workable correspondence. Later amendments and the context of the relevant enactment must also be considered.

Does Section 158 create a new right of appeal or remedy?

No. It is an interpretative rule concerning legislative references, not an independent source of substantive rights or procedural remedies.

Official legal sources

For the statutory wording and amendment notes, consult the Code of Civil Procedure, 1908 - official India Code PDF. The India Code portal provides access to central legislation and legislative updates.

This article provides general legal information. For a particular case, verify the applicable statutory text, amendments, local rules and judicial decisions.