Code of Civil Procedure, 1908

ACT NO.5 OF 1908

Contents
Sections	Particulars
	Preliminary
1	Short title
2	Definitions
3	Subordination of Courts
4	Savings
5	Application of the Code to Revenue Courts
6	Pecuniary jurisdiction
7	Provincial Small Cause Courts
8	Presidency Small Cause Courts
Part I	Suits In General
9	Courts to try all civil suits unless barred
10	Stay of suit
11	Res judicata
12	Bar to further suit
13	When foreign judgment not conclusive
14	Presumption as to foreign judgments
15	Court in which suits to be instituted
16	Suits to be instituted where subject matter situate
17	Suits for immovable property situate within jurisdiction of different Courts
18	Place of institution of suit where local limits of jurisdiction of Courts are uncertain
19	Suits for compensation for wrongs to person or movables
20	Other suits to be instituted where defendants reside or cause of action arises
21	Objections to jurisdiction
22	Power to transfer suits which may be instituted in more than one Court
23	To what Court application lies
24	General power of transfer and withdrawal
25	Power of State Government to transfer suits
26	Institution of suits
27	Summons to defendants
28	Service of summons where defendant resides in another State
29	Service of foreign summonses.Summonses and other processes issued by 30
30	Power to order discovery and the like.Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party
31	Summons to witness
32	Penalty for default
33	Judgment and decree
34	Interest
35	Costs
Part II	Execution
36	Application to orders
37	Definition of Court which passed a decree
38	Court by which decree may be executed
39	Transfer of decree
40	Transfer of decree to Court in another State
41	Result of execution-proceedings to be certified
42	Powers of Court in executing transferred decree
43	Execution of decrees passed by Civil Courts in places to which this Code does not extend
44	Execution of decrees passed by Revenue Courts in places to which this Code does not extend
44A	Execution of decrees passed by Courts in reciprocating territory
45	Execution of decrees outside India
46	Precepts
47	Questions to be determined by the Court executing decree
48	Execution barred in certain cases
49	Transferee
50	Legal representative
51	Powers of Court to enforce execution
52	Enforcement of decree against legal representative
53	Liability of ancestral property
54	Partition of estate or separation of share
55	Arrest and detention
56	Prohibition of arrest or detention of women in execution of decree for money
57	Subsistence allowance
58	Detention and release
59	Release on ground of illness
60	Property liable to attachment and sale in execution of decree
61	Partial exemption of agricultural produce
62	Seizure of property in dwelling house
63	Property attached in execution of decrees of several Courts
64	Private alienation of property after attachment to be void
65	Purchasers title
66	Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67	Power for State Government to make rules as to sales of land in execution of decrees for payment of money
68	Power to prescribe rules for transferring to Collector execution of certain decrees
69	Provisions of Third Schedule to apply
70	Rules of procedure
71	Collector deemed to be acting judicially
72	Where Court may authorize Collector to stay public sale of land
73	Proceeds of execution-sale to be rateably distributed among decree-holders
74	Resistance to execution
PART III	Incidental Proceedings
75	Power of Court to issue commissions
76	Commission to another Court
77	Letter of request
PART IV	Suits In Particular Cases
80	Notice
81	Exemption from arrest and personal appearance
82	Execution of decree
83	When aliens may use
84	When foreign States may use
85	Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
86	Suits against foreign Rulers, Ambassadors and Envoys
87	Style of foreign Rulers as parties to suits
87A	Definitions of foreign State and Rulers
87B	Application of sections 85 and 86 to Rulers of former Indian States
88	Where interpleader suit may be instituted
Part V	Special Proceedings]Dings
89	[Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 and Sch.III
90	Power to state case for opinion of Court
91	Public nuisances
92	Public Charities
93	Exercise of powers of Advocate General outside presidency-towns
Part VI	Supplemental Proceedings
94	Supplemental proceedings
95	Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Part VII	Appeals From Original Decrees
96	Appeal from original decree
97	Appeal from final decree where no appeal from preliminary decree
98	Decision where appeal heard by two or more Judges
99	No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
100	Second appeal
101	Second appeal on no other grounds
102	No second appeal in certain suits
103	Power of High Court to determine issues of fact
104	Orders from which appeal lies
105	Other orders
106	What Courts to hear appeals
107	Power of Appellate court
108	Procedure in appeals from appellate decrees and orders
109	When appeal lie to the Supreme Court
110	Value of subject-matter
111	Bar of certain appeals
111A	Appeal to Federal Court
112	Savings
Part VIII	Reference, Review And Revision
113	Refence to High Court
114	Review
115	Revision
Part IX	Special Provisions Relating To The {Subs. By Act 2 Of 1951, S.14, For "Chartered High Courts".}[High Courts For Part A States And Part B States]
116	Part to apply only to certain High Courts
117	Application of Code to High Courts
118	Execution of decree before ascertainment of costs
119	Unauthorized persons not to address Court
120	Provision not applicable to High Court on original civil jurisdiction
Part X	Rules
121	Effect of rules in First Schedule
122	Power of certain High Court to make rules
123	Constitution of Rule Committees in certain States
124	Committee to report to High Court
125	Power of other High Courts to make rules
126	Rules to be subject to approval
127	Publication of rules
128	Matters for which rules may provide
129	Power of High Courts to make rules as to their original civil procedure
130	Power of other High Courts to make rules as to matters other than procedure
131	Publication of rules
Part XI	Miscellaneous
132	Exemption of certain women from personal appearance
133	Exemption of other persons
134	Arrest other than in execution of decree
135	Exemption from arrest under civil Process
135A	Exemption of members of legislative bodies from arrest and detention under civil process
136	Procedure where person to be arrested or property to be attached is outside district
137	Language of Subordinate Courts
138	Power of High Court to require evidence to be recorded English
139	Oath on affidavit by whom to be administered
140	Assessors in causes of salvage, etc
141	Miscellaneous proceedings
142	Orders and notices to be in writing
143	Postage
144	Application for restitution
145	Enforcement of Liability of surety
146	Proceedings by or against representatives
147	Consent or agreement by persons under disability
148	Enlargement of time
149	Power to make up deficiency of court-fees
150	Transfer of business
151	Saving of inherent powers of Court
152	Amendment of judgments, decrees or orders
153	General power to amend
154	Saving of present right of appeal
155	Amendment of certain Acts
156	Repeals
157	Continuance of Orders under repealed enactments
158	Reference to Code of Civil Procedure and other repealed enactment
The First Schedule
Order I	Parties To Suits
Order II	Frame of Suit
Order III	Recognized Agents And Pleaders
Order IV	Institution Of Suits
Order V	Issue Ann Service Of Summons
Order VI	Pleadings Generally
Order VII	Plaint
Order VIII	Written Statement And Set-Off
Order IX	Appearance of Parties and Consequence Of Non-Appearance
Order X	Examination Of Parties By The Court
Order XI	Discovery And Inspection
Order XII	Admissions
Order XIII	Production, Impounding And Return Of Documents
Order XIV	Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon
Order XV	Disposal Of The Suit At The First Hearing
Order XVI	Summoning And Attendance Of Witnesses
Order XVII	Adjournments
Order XVIII	Hearing Of The Suit And Examination Of Witnesses
Order XIX	Affidavits
Order XX	Judgment And Decree
Order XXI	Execution Of Decrees And Orders
Order XXII	Death, Marriage And Insolvency Of Parties
Order XXIII	Withdrawal and Adjustment of Suits
Order XXIV	Payment Into Court
Order XXV	Security For Costs
Order XXVI	Commissions
Order XXVII	Suits By Or Against The Government Or Public Officers In Their Official Capacity
Order XXVIIA	Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution
Order XXVIII	Suits By Or Against Military Or Naval Men Or Airmen
Order XXIX	Suits By Or Against Corporations
Order XXX	Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
Order XXXI	Suits By Or Against Trustees, Executors And Administrators
Order XXXII	Suits By Or Against Minors And Persons Of Unsound Mind
Order XXXIII	Suits By Paupers
Order XXXIV	Suits Relating To Mortgages Of Immovable Property
Order XXXV	Interpleader
Order XXXVI	Special Case
Order XXXVII	Summary Procedure On Negotiable: Instruments
Order XXXVIII	Arrest and Attachment Before Judgment
Order XXXIX	Temporary Injunctions And Interlocutory Orders
Order XL	Appointment OK, Receivers
Order XLI	Appeals From Original Decrees
Order XLII	Appeals From Appellate Decrees
Order XLIII	Appeals From Orders
Order XLIV	Pauper Appeals
Order XLV	Appeals To The Supreme Court
Order XLVI	Reference
Order XLVII	Review
Order XLVIII	Miscellaneous
Order XLIX	Chartered High Courts
Order L	Provincial Small Cause Courts
Order LI	Presidency Small Cause Courts
Appendices to The First Schedule
Appendix A	Pleadings
Appendix B	Process
Appendix C	Discovery, Inspection And Admission
Appendix D	Decrees
Appendix E	Execution
Appendix F	Supplemental Proceedings
Appendix G	Appeal, Reference And Review
Appendix H	Miscellaneous
The Second Schedule	[Arbitration.] Rep.by the Arbitration Act, 1940 (10 of  1940), s.49 (1) and Sch.III.
The Third Schedule	Execution Of Decrees By Collectors
The Fourth Schedule	[Enactment's amended] Rep.by the Repealing and Amending Act, 1952 (48 of 1952), s.2 and Sch.I.
The Fifth Schedule	[Enactments repealed.] Rep.by the Second Repealing and Amending Act, 1914 (17 of 1914),s.3 and Sch.II.

[AS ON 1956]

{This Act has been amended in its application to-

Assam by the Civil Procedure (Assam Amendment) Act, 1941 (Assam 2 of 1941); Madras by Madras Act 34 of 1950 and Madras A.O.1954 Punjab by the Punjab Relief of Indebtedness Act, 1934 (Pun.7 of 1934); and U.P.by the Oudh Courts Act, 192D

(U.P.4  of 1925), U.P.Acts 35 of t948 and 24 of 1954.

It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by notification under ss.5 and 5A of the Scheduled Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts:-

(1) The Districts of Jalpaiguri, Cachar (excluding the North Cachar Hills), Goalpara (including the Eastern Duars), Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts), Sibsagar (excluding the MiKir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt.I, p.5 and ibid., 1914, Pt.I, p.1690.

(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur: Calcutta Gazette, 1909, Pt.I, p.25 and Gazette of India, 1909, Pt.I, p.33.

(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P.Gazette 1909.Pt.I, p.3 and Gazette of India, 1909, Pt.I, p.31.

(4) The Pargana of Jaunsar-Bawar in Dehra Dun and the Scheduled portion of the Mirzapur District: U.P.Gazette, 1909, Pt.I, p.4 and Gazette of India, 1909, Pt.I.p.32.

(5) Coorg: Gazette of India, 1909, Pt.I, p.32.

(6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt.I, p.33.

(7) Sections 36 to 43 to all the Scheduled Districts in Madras: Gazette Of India, 1909, Pt.I, p.152.

(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property: Gazette of India, 1909, Pt.I, p.239.

(9) Ajmer-Merwara, except sections 1 and 155 to 158: Gazette of India, 1909, Pt.II, p.480.

(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singbhum: Calcutta Gazette, 1909, Pt.I, p.453 and Gazette of India, 1909, Pt.I, p.443.

Under section 3 (3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872).ss.38 to 42 and 156 and rules 4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta Gazette, 1909, Pt.I, n.45.

It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s.2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch., and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.

It has been extended to the Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2.}

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Comment This is the basic law of procedure in civil matters. It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts.

[21st March, 1908.]

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-