Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908

Rules Regulations Notifications Orders Circulars (Statutory) Ordinance Statutes

Act ID:	190805
Act Number:	05
Enactment Date:	1908-03-21
Act Year:	1908
Short Title:	The Code of Civil Procedure, 1908
Long Title:	An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
Ministry:	Ministry of Law and Justice
Department:	Legislative Department
Enforcement Date:	01-01-1909
Last Updated:	31-12-2018


Schedule 1. THE FIRST SCHEDULE Order Appendix Forms
Schedule 2. THE SECOND SCHEDULE. [Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 (1) and the Third Sch. Order Appendix Forms
Schedule 3. THE THIRD SCHEDULE. [Execution of Decrees by Collectors.] Rep by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 15. Order Appendix Forms
Schedule 4. THE FOURTH SCHEDULE. [Enactments amended.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and the First Sch. Order Appendix Forms
Schedule 5. THE FIFTH SCHEDULE. [Enactments repealed.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second Sch. Order Appendix Forms

Title	Files

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ANNEXURE

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Show All Sections The Code of Civil Procedure, 1908 PRELIMINARY

PART I

SUITS IN GENERAL
- JURISDICTION OF THE COURTS AND Res judicata
PLACE OF SUING
INSTITUTION OF SUITS
SUMMONS AND DISCOVERY
JUDGMENT AND DECREE
INTEREST
COSTS

PART II

EXECUTION

PART III

INCIDENTAL PROCEEDINGS
- COMMISSIONS

PART IV

SUITS IN PARTICULAR CASES

PART V

SPECIAL PROCEEDINGS

PART VI

SUPPLEMENTAL PROCEEDINGS

PART VII

APPEALS

PART VIII

REFERENCE, REVIEW AND REVISION

PART IX

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER

PART X

RULES

PART XI

MISCELLANEOUS


Section 1. Short title, commencement and extent.
Section 2. Definitions.
Section 3. Subordination of Courts.
Section 4. Savings.
Section 5. Application of the Code to Revenue Courts.
Section 6. Pecuniary jurisdiction.
Section 7. Provincial Small Cause Courts.
Section 8. Presidency Small Cause Courts.
Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res judicata.
Section 12. Bar to further suit.
Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.
Section 15. Court in which suits to be instituted.
Section 16. Suits to be instituted where subject-matter situate.
Section 17. Suits for immovable property situate within jurisdiction of different Courts.
Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
Section 19. Suits for compensation for wrongs to person or movables.
Section 20. Other suits to be instituted where defendants reside or cause of action arises.
Section 21. Objections to jurisdiction.
Section 21A. Baron suit to set aside decree on objection as to place of suing.
Section 22. Power to transfer suits which may be instituted in more than one Court.
Section 23. To what Court application lies.
Section 24. General power of transfer and withdrawal.
Section 25. Power of Supreme Court to transfer suits, etc.
Section 26. Institution of suits.
Section 27. Summons to defendants.
Section 28. Service of summons where defendant resides in another State.
Section 29. Service of foreign summonses.
Section 30. Power to order discovery and the like.
Section 31. Summons to witness.
Section 32. Penalty for default.
Section 33. Judgment and decree.
Section 34. Interest.
Section 35. Costs.
Section 35A. Compensatory costs in respect of false or vexatious claims or defences.
Section 35B. Costs for causing delay.
Section 36. Application to orders.
Section 37. Definition of Court which passed a decree.
Section 38. Court by which decree may be executed.
Section 39. Transfer of decree.
Section 40. Transfer of decree to Court in another State.
Section 41. Result of execution proceedings to be certified.
Section 42. Powers of Court in executing transferred decree.
Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
Section 44A. Execution of decrees passed by Courts in reciprocating territory.
Section 45. Execution of decrees outside India.
Section 46. Precepts.
Section 47. Questions to be determined by the Court executing decree.
Section 48. [Repealed.].
Section 49. Transferee.
Section 50. Legal representative.
Section 51. Powers of Court to enforce execution.
Section 52. Enforcement of decree against legal representative.
Section 53. Liability of ancestral property.
Section 54. Partition of estate or separation of share.
Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in execution of decree for money.
Section 57. Subsistence-allowance.
Section 58. Detention and release.
Section 59. Release on ground of illness.
Section 60. Property liable to attachment and sale in execution of decree.
Section 61. Partial exemption of agricultural produce.
Section 62. Seizure of property in dwelling-house.
Section 63. Property attached in execution of decrees of several Courts.
Section 64. Private alienation of property after attachment to be void.
Section 65. Purchaser's title.
Section 66. [Repealed.].
Section 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
Section 68. [Repealed.].
Section 69. [Repealed.].
Section 70. [Repealed.].
Section 71. [Repealed.].
Section 72. [Repealed.].
Section 73. Proceeds of execution sale to be rateably distributed among decree-holders.
Section 74. Resistance to execution.
Section 75. Power of Court to issue commissions.
Section 76. Commission to another Court.
Section 77. Letter of request.
Section 78. Commissions issued by foreign Courts.
Section 79. Suits by or against Government.
Section 80. Notice.
Section 81. Exemption from arrest and personal appearance.
Section 82. Execution of decree.
Section 83. When aliens may sue.
Section 84. When foreign States may sue.
Section 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
Section 86. Suits against foreign Rulers, Ambassadors and Envoys.
Section 87. Style of foreign Rulers as parties to suits.
Section 87A. Definitions of foreign State and Ruler.
Section 87B. Application of sections 85 and 86 to Rulers of former Indian States.
Section 88. Where interpleader-suit may be instituted.
Section 89. Settlement of disputes outside the Court.
Section 90. Power to state case for opinion of Court.
Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 93. Exercise of powers of Advocate-General outside presidency-towns.
Section 94. Supplemental proceedings.
Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
Section 96. Appeal from original decree.
Section 97. Appeal from final decree where no appeal from preliminary decree.
Section 98. Decision where appeal heard by two or more Judges.
Section 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
Section 99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
Section 100. Second appeal.
Section 100A. No further appeal in certain cases.
Section 101. Second appeal on no other grounds.
Section 102. No second appeal in certain cases.
Section 103. Power of High Court to determine issue of fact.
Section 104. Orders from which appeal lies.
Section 105. Other orders.
Section 106. What Courts to hear appeals.
Section 107. Powers of Appellate Court.
Section 108. Procedure in appeals from appellate decrees and orders.
Section 109. When appeals lie to the Supreme Court.
Section 110. [Omitted.].
Section 111. [Omitted.].
Section 111A. [Omitted.].
Section 112. Savings.
Section 113. Reference to High Court.
Section 114. Review.
Section 115. Revision.
Section 116. Part to apply only to certain High Courts.
Section 117. Application of Code to High Courts.
Section 118. Execution of decree before ascertainment of costs.
Section 119. Unauthorised persons not to address Court.
Section 120. Provisions not applicable to High Court in original civil jurisdiction.
Section 121. Effect of rules in First Schedule.
Section 122. Power of certain High Courts to make rules.
Section 123. Constitution of Rule Committees in certain States.
Section 124. Committee to report to High Court.
Section 125. Power of other High Courts to make rules.
Section 126. Rules to be subject to approval.
Section 127. Publication of rules.
Section 128. Matters for which rules may provide.
Section 129. Power of High Courts to make rules as to their original Civil procedure.
Section 130. Power of other High Courts to make rules as to matters other than procedure.
Section 131. Publication of rules.
Section 132. Exemption of certain women from personal appearance.
Section 133. Exemption of other persons.
Section 134. Arrest other than in execution of decree.
Section 135. Exemption from arrest under civil process.
Section 135A. Exemption of members of legislative bodies from arrest and detention under civil process.
Section 136. Procedure where person to be arrested or property to be attached is out side district.
Section 137. Language of subordinate Courts.
Section 138. Power of High Court to require evidence to be recorded in English.
Section 139. Oath on affidavit by whom to be administered.
Section 140. Assessors in causes of salvage, etc.
Section 141. Miscellaneous proceedings.
Section 142. Orders and notices to be in writing.
Section 143. Postage.
Section 144. Application for restitution.
Section 145. Enforcement of liability of surety.
Section 146. Proceedings by or against representatives.
Section 147. Consent or agreement by persons under disability.
Section 148. Enlargement of time.
Section 148A. Right to lodge a caveat.
Section 149. Power to make up deficiency of court-fees.
Section 150. Transfer of business.
Section 151. Saving of inherent powers of Court.
Section 152. Amendment of judgments, decrees or orders.
Section 153. General power to amend.
Section 153A. Power to amend decree or order where appeal is summarily dismissed.
Section 153B. Place of trial to be deemed to be open Court.
Section 154. [Repealed.].
Section 155. [Repealed.].
Section 156. [Repealed.].
Section 157. Continuance of orders under repealed enactments.
Section 158. Reference to Code of Civil Procedure and other repealed enactments.

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