Civil Procedure, is the assortment of law that delivers the tenets and principles that courts follow in order to deliver justice in a case of civil injustice. These rules administer how a civil case or claim should be started; its administration process, kind of petitions, statements of case, motions or applications, and orders allowed in civil cases, the planning and way of testimonies and revelation or exposure, the conduct of trials and the process of judgment.
Difference between Civil and Criminal law
It is obvious by its name, civil rights lay down the procedure to be adopted in civil courts. Civil procedure is basically a study of procedural codes that apply in cases that are not criminal. Whereas a criminal procedure is an adjudicating process in which a guilty defendant is punished by either imprisonment or fine or execution. In contrast, a losing defendant in civil case only repays the offended part for the misfortunes caused the litigant’s conduct. Civil trials can be used by anyone to enforce, redress, or protect their civil rights through court orders and monetary awards. Civil law is distinguished from criminal law; it creates, defines and regulates the rights and duties of individuals. The rules of civil law provide a fair procedure for redressal of civil disputes. Some of its provisions are substantive in nature while other provisions are generally procedural in nature. The purpose of civil procedure code is to provide a litigant, a fair trial in accordance with the accepted principles of natural justice.
Civil procedure code is the codification of the principles of natural justice which means “justice to be done naturally”. It simply means an inbuilt habit of a person to do justice.