In this article we will learn about the difference between sections and orders. Code of civil procedure is divided into sections,orders and appendices.
Laws can be divided into two groups. 1. Substantive Laws 2. Procedural Laws or Adjective Laws.
Whereas substantive laws determine rights and liabilities of parties, adjective or procedural law prescribes the practice, procedure and machinery for the enforcement of those rights and liabilities.
The Code of Civil Procedure is an adjective law. It neither creates nor takes away any right. It is intended to regulate the procedure to be followed by civil courts.
The substantive part of the Code of Civil Procedure contains 158 sections. The (First) Schedule comprises 51 Orders and rules providing procedure. Appendices contain Model Forms of Pleadings, Processes, Decrees, Appeals, Execution proceedings, etc.
The sections deals with provisions of a substantive nature, laying down the general principles of jurisdiction, while the First Schedule relates to the procedure and the method, manner and mode in which the jurisdiction may be exercised.
All definitions given under the sections form part of Substantive Laws and the procedures given under orders, form part of Procedural Laws. Thus a Section provides all the provisions related to the general principles of the civil jurisdiction whereas the order prescribes the procedures and the methods that are required to proceed with the civil cases.
The body of the Code containing sections is fundamental and cannot be amended except by legislature. The (First) Schedule of the Code, containing Orders and Rules, on the other hand, can be amended by High Courts.
In other words, we can say that, an order given by any court can be changed by another court as and when challenged but a section cannot be changed or amended by the courts. For that, an amendment needs to be done by the parliament.
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