JURISDICTION OF THE COURTS AND Res judicataCentral

Section 1 of The Code of Civil Procedure, 1908

Short title, commencement and extent.

(1)This Act may be cited as the Code of Civil Procedure,1908.

(2)It shall come into force on the first day of January, 1909. 1[(3) It extends to the whole of India except-- 2* * * * *
1. (b)the State of Nagaland and the tribal areas : Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification. Explanation.-- In this clause, "tribal areas" means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution. (4)In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]

Summary

This provision gives the law its formal name and specifies when it began to apply.
It states that the law is called the Code of Civil Procedure, 1908.
The rules came into force on the first day of January, 1909.
It applies to the whole of India except for the State of Nagaland and certain tribal areas.
State Governments have the power to extend these rules to Nagaland or tribal areas through a notice in the Official Gazette.
The Code does not override specific rules currently active in places like the Amindivi Islands or Lakshadweep.

Practical examples

1Arjun files a lawsuit in a Delhi court on July 19, 2026. The court follows this Code because Delhi is part of India where the law is fully active.

2A resident in a tribal area of Nagaland wants to use this Code for a property dispute. The local court checks if the State Government has issued a notice in the Official Gazette to apply these rules there.

FAQ

1. What is the official title of the law found in Section 1 of The Code of Civil Procedure, 1908?

According to Section 1, the Act is cited as the Code of Civil Procedure, 1908.

2. When did the Code of Civil Procedure, 1908 first start being used?

Section 1 of the Act states it came into force on January 1, 1909.

3. Does the Code of Civil Procedure, 1908 apply to the entire country?

Under Section 1, it extends to all of India except the State of Nagaland and tribal areas, though State Governments can change this.

Test yourself

1.On what date did the Code of Civil Procedure, 1908 officially come into force?

2.Which area is specifically excluded from the extent of the Code of Civil Procedure, 1908 in the main text?

3.How can a State Government extend the Code of Civil Procedure, 1908 to tribal areas?

4.Under Section 1 of the Code of Civil Procedure, 1908, tribal areas refer to regions mentioned in which document?

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