MISCELLANEOUSCentral

Section 158 of The Code of Civil Procedure, 1908

Reference to Code of Civil Procedure and other repealed enactments.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section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, ben to be made to this Code or to its corresponding Part, Order, section or rule.

Summary

Mentions of old, repealed civil procedure laws in other statutes should now be read as pointing to the 1908 Code.
This rule applies to any document or notification passed before the 1908 Code began.
It maps old section numbers to the corresponding new parts or rules in the 1908 Code.
The section acts as an automatic update for the entire legal system.
It ensures that other laws referring to the old code do not become meaningless.

Practical examples

1The Revenue Act of 1890 refers to Section 20 of the old civil code, so the court now looks at the equivalent rule in the 1908 Code.

2An official notice from 1905 mentions Order X of a repealed law, and Section 158 directs people to look at the corresponding Order in the current Code.

3A contract written in 1880 says disputes will follow the rules of Act VIII of 1859, and this is now interpreted as following the 1908 Code.

FAQ

1. How do I interpret an old law that cites a deleted section of the civil code?

Under Section 158 of the Code of Civil Procedure, 1908, references to repealed codes are taken to be made to the corresponding parts of the 1908 Code.

2. Does Section 158 of the 1908 civil law apply to notifications?

Yes, Section 158 of the 1908 civil law states that it applies to every enactment or notification passed before the 1908 Code began.

3. If a law mentions Act VIII of 1859, what does Section 158 of the 1908 Code say to do?

Section 158 of the 1908 Code says that such references should be read as pointing to the current Code as far as practicable.

Test yourself

1.According to Section 158 of the Code of Civil Procedure, 1908, what should a person do when an old law refers to a chapter in a repealed Code?

2.Section 158 of the 1908 Code applies to references made in which of the following?

3.Under Section 158 of the civil law, how is the mapping between old and new laws determined?

4.Based on both Sections 157 and 158 of the 1908 Code, what happens to a rule made under Act VIII of 1859 that is referenced in an 1895 notification?

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