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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.]

WHEREASit 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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