Section 157 CPC — Continuance of Proceedings

Introduction

Section 157 of the Code of Civil Procedure, 1908 deals with the continuance of proceedings that were instituted before the commencement of the Code.

The provision addresses the transitional situation that arises when a new procedural code comes into force while proceedings instituted under the earlier procedural regime are still pending.

The basic principle is that the procedure prescribed by the CPC is to be followed, as far as it can be made applicable, even in proceedings instituted before the commencement of the Code.

Thus, Section 157 helps ensure continuity and uniformity in civil procedure.

Section at a Glance

Particular	Details
Section	Section 157 CPC
Subject	Continuance of proceedings
Nature	Transitional / procedural
Main purpose	Application of CPC procedure to proceedings instituted before its commencement
Key expression	“As far as it can be made applicable”
Main concern	Transition from earlier procedural law to the CPC

Statutory Provision

Section 157 CPC provides:

“The procedure provided in this Code shall be followed, as far as it can be made applicable, in all proceedings instituted before the commencement of this Code.”

The provision therefore establishes a general rule of procedural continuity under the new Code.

Meaning of Section 157 CPC

In simple terms:

Even if a proceeding was instituted before the CPC came into force, the procedure under the CPC should, as far as possible, be followed in that pending proceeding.

The provision is concerned with procedure, rather than automatically changing the substantive rights of the parties.

This distinction is extremely important.

Easy formula

Old proceeding + new CPC = CPC procedure, as far as applicable.

Purpose and Object of Section 157

The principal objectives of Section 157 are:

• to ensure continuity of pending proceedings;
• to avoid unnecessary procedural disruption;
• to bring pending proceedings under the procedural framework of the CPC where possible;
• to promote uniformity in civil procedure;
• to facilitate the transition from the earlier procedural regime to the CPC.

Without such a transitional provision, uncertainty could arise regarding which procedural rules should govern proceedings already pending when the new Code commenced.

Essential Features of Section 157

1. It applies to proceedings instituted before commencement of the CPC

The provision specifically concerns proceedings that were already instituted before the Code came into force.

2. The CPC procedure is generally to be followed

The procedure prescribed by the Code becomes applicable to such proceedings to the extent that it can properly be applied.

3. The application is qualified

The important words are:

“as far as it can be made applicable”

Therefore, Section 157 does not mechanically impose every provision of the CPC on every pre-existing proceeding.

4. It is primarily procedural

Section 157 deals with the procedure to be followed in pending proceedings.

It should not automatically be understood as altering substantive rights that had already accrued.

Meaning of “As Far as It Can Be Made Applicable”

This is the most important phrase in Section 157.

It indicates that the CPC should be applied to earlier proceedings only to the extent that its procedural provisions can reasonably and legally operate in those proceedings.

Therefore, the court must consider the nature and stage of the proceeding before applying a particular provision.

The phrase prevents Section 157 from being interpreted as an absolute command that every provision of the new Code must be retrospectively imposed on every pending proceeding.

Section 157 and Retrospective Operation

Section 157 raises an important distinction between procedural law and substantive rights.

Generally, procedural provisions may operate on pending proceedings, whereas substantive rights are treated differently.

Therefore, when applying Section 157, the court must distinguish between:

• a change in the procedure governing litigation; and
• a change in the substantive rights or liabilities of the parties.

Section 157 is principally concerned with the former.

Section 157 and Vested Rights

Section 157 should be read alongside the broader principle that the commencement of a new procedural law does not necessarily destroy substantive or vested rights.

For example, a procedural change may govern how a pending case is conducted without necessarily extinguishing a substantive right that had already accrued to a party.

This is particularly important when considering rights such as:

• vested appellate rights;
• substantive rights arising under earlier law;
• rights that have already accrued before the new legislation came into force.

Section 157 and Section 154 CPC

Sections 154 and 157 both concern the transition between an earlier legal regime and the CPC, but they perform different functions.

Section 154	Section 157
Saves an existing right of appeal	Deals with procedure in pre-existing proceedings
Protects a right of appeal under the earlier law	Applies CPC procedure where applicable
Concerned with appellate rights	Concerned with procedural continuity

Easy distinction

Section 154 → saves an existing appellate right.

Section 157 → applies CPC procedure to earlier proceedings, as far as applicable.

Section 157 and Section 158 CPC

Section 157 concerns the application of the CPC’s procedure to proceedings instituted before the Code commenced.

Section 158 deals with references to other enactments and provides for their construction in accordance with the CPC in specified circumstances.

Therefore, the two provisions perform different transitional functions.

Practical Example

Suppose a civil proceeding was instituted under the procedural law existing before the CPC came into force.

The proceeding remains pending after the CPC commences.

Under Section 157, the procedure prescribed by the CPC should be followed in that proceeding so far as it can be made applicable.

The case does not necessarily have to be restarted simply because it was instituted under the earlier procedural regime.

This promotes procedural continuity.

Another Example

Suppose a pending proceeding has already reached an advanced procedural stage when the CPC comes into force.

A new CPC procedure may be applicable only if it can reasonably operate at that stage.

The words “as far as it can be made applicable” prevent the court from mechanically undoing completed procedural steps merely to conform them to the new Code.

Important Limitation

Section 157 does not mean that every provision of the CPC automatically applies retrospectively to every pending case.

The court must consider:

• whether the provision is procedural;
• whether it can operate at the current stage of the proceeding;
• whether applying it would interfere with rights already accrued;
• whether another saving provision governs the situation;
• whether the provision is capable of practical application to the pending proceeding.

Section 157 and Procedural Law

Section 157 illustrates the general principle that procedural law is concerned primarily with the manner in which rights are enforced rather than with the creation of those rights themselves.

A procedural change may therefore operate on pending litigation more readily than a substantive change.

However, the exact effect depends upon the wording and scheme of the legislation concerned.

Common Confusions

Does Section 157 restart an old proceeding under the CPC?

No.

The provision deals with the procedure to be followed in the existing proceeding. It does not require the proceeding to begin afresh.

Does every CPC provision automatically apply to an old proceeding?

No.

The statutory qualification is “as far as it can be made applicable.”

Does Section 157 destroy substantive rights acquired under the earlier law?

No, not merely because of the procedural transition.

The provision is principally concerned with procedural application.

Is Section 157 the same as Section 154?

No.

Section 154 protects an existing right of appeal, whereas Section 157 deals with the application of CPC procedure to proceedings instituted before commencement of the Code.

Importance for Law Students and Judiciary Exams

Section 157 is mainly tested through questions concerning retrospective application of procedural law and the distinction between procedural provisions and substantive rights.

What to Remember

• Section 157 concerns proceedings instituted before commencement of the CPC.
• The procedure under the CPC is to be followed as far as it can be made applicable.
• It is a transitional procedural provision.
• It promotes continuity and uniformity.
• It does not automatically reopen or restart pending proceedings.
• It should be distinguished from provisions protecting vested rights.
• The phrase “as far as it can be made applicable” is the key limitation.

Important Questions to Prepare

1. What is the object of Section 157 CPC?
2. What is meant by “continuance of proceedings”?
3. Does the CPC apply to proceedings instituted before its commencement?
4. Explain the significance of the words “as far as it can be made applicable”.
5. Does Section 157 affect substantive rights?
6. Distinguish Section 157 from Section 154 CPC.
7. Explain the relationship between procedural law and pending proceedings.
8. Does Section 157 require pending proceedings to be started afresh?

Key Legal Principles

1. Section 157 is a transitional provision

It governs the procedural treatment of proceedings that were instituted before the CPC commenced.

2. CPC procedure can apply to earlier proceedings

The procedure under the Code is to be followed where it can properly be made applicable.

3. Application is not absolute

The words “as far as it can be made applicable” impose an important qualification.

4. Procedure and substantive rights must be distinguished

Section 157 primarily concerns procedural matters and does not, merely by its operation, destroy accrued substantive rights.

5. Pending proceedings continue

The purpose is to facilitate procedural continuity rather than require pending cases to be recommenced.

Key Takeaways

Concept	Principle
Section	Section 157 CPC
Subject	Continuance of proceedings
Applies to	Proceedings instituted before commencement of CPC
Rule	CPC procedure should be followed
Qualification	Only “as far as it can be made applicable”
Nature	Transitional and procedural
Main objective	Continuity and uniformity of procedure
Key distinction	Procedure ≠ substantive rights

ASLO READ: Section 155 – Amendment of Certain Acts

Conclusion

Section 157 CPC ensures that proceedings instituted before the commencement of the Code can continue under the procedural framework of the CPC, so far as that procedure can be made applicable.

The provision therefore balances two objectives: continuity of pending proceedings and transition to the new procedural system.

The easiest way to remember it is:

Section 157 = Old proceeding, new procedure, as far as applicable.