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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:-



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