Code of Civil Procedure Project
Avinandan Kundu (ID No.: 211075)
“CPC is aimed so that a litigant should get a fair trial in accordance with the accepted principles of natural justice.”
INTRODUCTION
Before the project topic is introduced, the researcher would like to write about what exactly is the principle at the very core of this topic: the principles of natural justice. It evolved from common law and sets to show a set of procedural principles which ever judicial and administrative body must follow whenever it taken a decision affecting the rights of any particular individual. It essentially follows the two most basic principles. The first one being the principle of nemo judex in causa sua, which is the rule against bias; and the other being audi alteram partem, which is the rule of fair trial. This right to a fair hearing has also been put up in Article 10 of the Universal Declaration of Human Rights and Article 6(1) of the European Convention of Human Rights, showing how important the principles of natural justice are all over the world.
Article 14 of the Indian Constitution is at the core of how natural justice functions in India. The fact that every person is guaranteed equality amongst all citizens shows how the very basis of all decisions in the country is based on the pillars of natural justice. All procedural laws of the State follow these principles and as we have seen over time, the judiciary has been very harsh on acts which deny a person his rights.
The Civil Procedure Code is what defines all procedural laws in the realm of civil law in the country and strictly follows these mentioned principles of natural justice, by which an individual is assured of a free and fair trial, where all his legitimate rights are respected and upheld. The Code blends the principles enumerated in the Constitution along with the principles of natural justice