Section 155 CPC — Amendment of Certain Acts

Introduction

Section 155 of the Code of Civil Procedure, 1908 deals with the amendment of certain Acts as a consequence of the enactment of the CPC.

Unlike many provisions in the later part of the Code that regulate day-to-day civil procedure, Section 155 is primarily a consequential and legislative provision. It modifies certain references and provisions contained in specified enactments so that they correspond with the procedural framework established by the CPC.

In simple terms, Section 155 ensures that certain other statutory provisions are brought into conformity with the CPC.

Section at a Glance

Particular	Details
Section	Section 155 CPC
Subject	Amendment of Certain Acts
Nature	Consequential / statutory
Main purpose	To make specified amendments to certain Acts
Character	Legislative adjustment
Importance	Ensures consistency between the CPC and specified enactments

Meaning of Section 155 CPC

Section 155 is essentially a statutory consequential provision.

When a comprehensive procedural code comes into operation, existing legislation may contain references or procedural provisions that need to be modified to fit the new Code.

Section 155 provides for such amendments in the Acts specifically identified by the provision.

Therefore, the Section should not be understood as giving a civil court a general power to amend statutes.

Important distinction

Section 155 CPC does NOT mean that courts can amend Acts.

Rather, the provision itself makes specified legislative amendments to certain Acts.

Purpose and Object of Section 155

The purpose of Section 155 is to:

• bring specified Acts into conformity with the CPC;
• replace or modify outdated procedural references;
• ensure consistency between the CPC and other legislation;
• facilitate the smooth transition to the procedural system established by the Code.

It is therefore best understood as part of the transitional and consequential legislative framework associated with the CPC.

Nature of Section 155

Section 155 is different from provisions such as Sections 152 and 153.

Section 152

Deals with correction of specified mistakes in judgments, decrees and orders.

Section 153

Provides a general power to amend defects or errors in proceedings.

Section 155

Deals with amendment of specified Acts.

Thus:

Section 152 → amend/correct court decisions.
Section 153 → amend defects or errors in proceedings.
Section 155 → amend specified statutory provisions.

Why Was Section 155 Necessary?

The CPC replaced and consolidated earlier procedural arrangements.

When a new procedural code comes into force, other statutes may contain:

• references to earlier procedural laws;
• terminology associated with previous procedural systems;
• provisions that are inconsistent with the new procedural framework.

A consequential amendment provision is therefore necessary to ensure that these laws continue to operate coherently with the new Code.

Section 155 as a Legislative Provision

Section 155 operates at the level of statutory amendment, rather than ordinary judicial procedure.

The amendment is made by the operation of the Code itself.

Therefore, a court does not invoke Section 155 in the same manner in which it may invoke Section 151 or Section 153.

This distinction is important for examinations.

Does Section 155 Give Courts Power to Amend Other Acts?

No.

The heading “Amendment of Certain Acts” can sometimes cause confusion.

The Section does not confer a general legislative power upon courts.

Instead, Parliament enacted the provision as part of the CPC to make specified consequential amendments to certain existing enactments.

Relationship with Other CPC Provisions

Section 155 forms part of the provisions dealing with the broader effect and operation of the Code.

It should therefore be distinguished from provisions that directly regulate litigation procedure.

Provision	Main Function
Section 151	Saves inherent powers of the court
Section 152	Corrects clerical, arithmetical and accidental errors
Section 153	General power to amend proceedings
Section 153A	Amendment where appeal is summarily dismissed
Section 153B	Trial deemed to be open court
Section 154	Saves existing right of appeal
Section 155	Amends certain Acts

This sequence helps in remembering the different functions of Sections 151–155.

Practical Understanding

Consider a situation where an existing statute contains a reference to an earlier procedural law that has been replaced by the CPC.

If Section 155 specifically amends that statute, the relevant statutory reference is treated in accordance with the amendment made by Section 155.

The purpose is not to decide a dispute between litigants, but to ensure statutory consistency.

Common Confusions

Does Section 155 allow a judge to amend another Act?

No.

It is a legislative amendment provision, not a judicial law-making power.

Is Section 155 an amendment provision like Section 153?

No.

Section 153 concerns defects or errors in proceedings. Section 155 concerns specified statutory amendments.

Does Section 155 create a new civil remedy?

No.

Its function is consequential amendment of specified legislation.

Is Section 155 commonly used in ordinary civil applications?

No.

Unlike Sections 151, 152 or 153, Section 155 is not ordinarily invoked as a routine procedural application in civil litigation.

Importance for Law Students and Judiciary Exams

Section 155 is comparatively short and technical, so the main examination objective is to understand its nature and function.

What to Remember

• Section 155 deals with amendment of certain Acts.
• It is a consequential statutory provision.
• It was intended to bring specified enactments into conformity with the CPC.
• It does not give courts a general power to amend legislation.
• It should be distinguished from Sections 152 and 153.
• It is primarily concerned with statutory consistency, rather than ordinary litigation procedure.

Important Questions to Prepare

1. What is the object of Section 155 CPC?
2. What is meant by “Amendment of Certain Acts”?
3. Is Section 155 a judicial power to amend statutes?
4. Distinguish Section 155 from Section 153 CPC.
5. What is the significance of consequential amendments in the CPC?
6. Why was it necessary to amend certain existing Acts when the CPC came into force?

Key Legal Principles

1. Section 155 is a consequential provision

It makes specified amendments to certain Acts to align them with the CPC.

2. It is not a general judicial power

Courts cannot rely on Section 155 as authority to rewrite or amend legislation.

3. It promotes statutory consistency

Its purpose is to ensure that specified enactments operate consistently with the procedural framework of the CPC.

4. It differs from Sections 152 and 153

Those provisions concern correction or amendment of court proceedings and decisions, whereas Section 155 concerns specified statutory amendments.

Key Takeaways

Concept	Principle
Section	Section 155 CPC
Subject	Amendment of Certain Acts
Nature	Consequential statutory provision
Main purpose	Align specified Acts with the CPC
Judicial power to amend statutes?	No
Ordinary litigation application?	Generally no
Key distinction	Statutory amendment, not procedural amendment

ALSO READ: Section 154 – Saving of Present Right of Appeal

Conclusion

Section 155 CPC is a consequential legislative provision designed to amend specified Acts so that they remain consistent with the procedural framework established by the Code of Civil Procedure.

The easiest way to remember it is:

Section 155 = amendment of specified statutes to support the operation of the CPC, not a power of courts to amend Acts.