Is It Time to Rewrite the CPC from Scratch?

More than 75 years after independence, we are still resolving civil disputes under a law drafted by British colonial rulers: the Code of Civil Procedure, 1908. While the rest of the world has reformed, simplified, and digitized their civil justice systems, India continues to operate in the shadow of a statute designed not for justice — but for control.

Ask any litigant who has tried to recover dues, settle a property dispute, or enforce a court decree. What they will describe is not a legal process — it’s a legal struggle. A battle not only against the other party, but against delay, paperwork, outdated procedures, endless formalities, loopholes ripe for misuse and systemic abuse.

As an advocate, I’ve witnessed how the CPC has become a tool of harassment, not protection or resolution. The very structure of litigation — starting with the decree, then followed by a separate execution — feels like This is not justice but state-sponsored delay system.

This is not just outdated. It is unjust.

The Colonial Code That Never Left

Let’s remember — the CPC was never written to help Indians resolve disputes quickly or fairly. It was introduced by the British to keep Indians entangled, to make the process so slow and complex that people give up, and to ensure that real access to justice remained out of reach.

More than a century later, this objective seems unchanged.

• Cases often take 10 to 15 years or more to conclude.
• Even after winning, a litigant must file a separate Execution Petition (EP) — just to get what the court already said they deserve.
• Adjournments are taken for granted.
• Fraudulent documents are submitted without fear of punishment.
• And the CPC continues to serve procedure over purpose.

What Developed Countries Do Differently

In countries like the UK, Germany, Singapore, or the United States, civil litigation is fast, focused, and fair. Cases are resolved in months, not decades. Enforcement is integrated, timelines are enforced, and digital tools are standard.

There, the system encourages resolution.
In India, it often incentivizes delay.

Meanwhile, in India:

• Cases drag on for 10–15 years
• Courts spend more time managing adjournments than resolving issues
• Decrees require fresh litigation to enforce
• Fraudulent documents are submitted with impunity
• And litigants are made to write the same facts three times over
• Why? Because the CPC never evolved — and no government has had the courage to rebuild it from scratch.

The Core Problem: A System That Never Evolved

Despite hundreds of amendments, the CPC still runs on the same colonial foundation. Even the most basic processes — service of summons, pleadings, evidence, and execution — are filled with outdated formalities and opportunities for manipulation.

Governments have come and gone, but none have taken the bold step of restructuring civil litigation from scratch. Instead, we keep patching a leaking boat — when what we need is a new ship altogether.

Thirteen Urgent Reforms to Rescue Civil Justice in India

1. Judges Must Have Real Practice — Not Just Paper Credentials

Too many judges are selected via exams without courtroom exposure. Many never argue a case but claim token “experience” just to qualify.
Judges should be appointed only after proving they’ve appeared in real cases, not just held an advocate license.

2. Make Judges Responsible for Case Management

Judges must drive proceedings, enforce timelines, and stop delay tactics early. They shouldn’t just supervise — they must lead the litigation process.

3. End the Adjournment Culture

Adjournments are routinely abused. They must be strictly limited, penalized when misused, and granted only for legitimate, recorded reasons.

4. Scrap the Need for a Separate Execution Petition

Requiring a new case (EP) after winning is an insult to justice. Decrees must be executable directly, without starting another round of litigation.

The EP system is a legal insult. Once a court passes a decree, enforcement should follow automatically — at least in clear-cut cases of money recovery or possession.

5. Make Pre-Litigation Mediation Compulsory

Structured mediation can resolve thousands of disputes early. Let it be mandatory for civil disputes — with timelines and digital tools to aid the process.

Let mediation be the first step, not the last hope. If parties can resolve disputes within 60 days, why burden the judiciary and waste years in trial?

6. Digitize Every Court in the Country

E-filing, smart cause-lists, and online hearings should be standard in every civil court, not just metros or High Courts.

7. Simplify Pleadings — Drop Colonial Legalese

Why must plaints still read like 19th-century literature?  It’s time to move to clear, structured, modern formats written in accessible language., plain-language formats that focus on issues, facts, and clarity.

8. Set and Enforce Timelines at Every Stage

The CPC should mandate strict timelines for pleadings, evidence, arguments, and judgment — and hold judges accountable to them. Justice delayed is not just denied — it's destroyed.

9. Appoint Judges with Subject-Matter Expertise

Specialized benches for contracts, tenancy, family, property, and commercial disputes can drastically improve speed and quality of justice.

10. Block Frivolous Appeals and Reviews

Appeals must be limited to substantial legal questions. Repeated reviews and second appeals only reward delay and harassment. But if anything which is not covered in lower court such appeal should be deal accordingly.

11. Invest in Judicial Infrastructure

India needs more judges, more courts, and better support staff. The judge-to-population ratio is shockingly low — and without change, reform is just a dream.

12. Punish Fraud — Zero Tolerance for False Documents

Anyone submitting false affidavits, forged papers, or misleading evidence should face strict legal action — including perjury, contempt, and blacklisting.
Fraud cannot be tolerated in a system meant to deliver justice.

13. Why Repeat the Same Facts 3 Times? Scrap Redundant Affidavits

Today’s process requires a plaint, a verification affidavit, and later, a chief affidavit — all repeating the same facts in different formats.

This outdated ritual wastes court time and lawyer effort. One sworn statement with clearly drafted facts should suffice. It is also  an impact on environment by wasting papers. Then even judge has to take on paper.

The CPC must stop treating procedure as more important than the actual dispute.

Final Thought:

Will We Ever Rewrite Our Civil Justice Story? Will We Ever Break Free from Colonial Chains?

• The CPC was created to confuse and control, not to deliver justice.
• Why are we still bound by it?
• The CPC was never meant to serve Indian citizens. It was created to confuse, delay, and oppress. Yet today, we still follow its language, its logic, and its limitations.

When the rest of the world has embraced clarity, speed, and digital reform, why is India still stuck in colonial loops?

If we truly believe in "Justice for All," then why are we still running a system where justice is only for those who can wait 10–15 years?

Why must a person fight two cases to get justice — one to win, and another to execute?

When will civil justice stop being a procedural marathon — and start being a fair, fast, and effective remedy?

Why is the system more concerned with whether a paragraph is numbered correctly, than whether someone is suffering injustice?

Why must a litigant prove the same thing in three formats just to be heard?

Will any future government take the bold step to rebuild our civil litigation system from the ground up?

Or will we keep patching a 116-year-old law while citizens suffer in silence?

Will the next government be bold enough to break this cycle? Or will we keep dragging our people through a colonial courtroom, dressed in modern clothes?