The Code of Civil Procedure

 

Click here to download The Code of Civil Procedure

The Code of Civil Procedure, 1908 (Sections 1 to 158)

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

 

Chapter	Sections covered
Preliminary	Section 1 – Short title, commencement and extent
	Section 2 – Definitions
	Section 3 – Subordination of Courts
	Section 4 – Savings
	Section 5 – Application of the Code of Revenue Courts
	Section 6 – Pecuniary jurisdiction
	Section 7 – Provincial Small Cause Courts
	Section 8 – Presidency Small Cause Courts
Suits In General	Section 9 – Courts to try all civil suits unless barredSection 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 movable property
	Section 20 – Other suits to be instituted where defendants reside or cause of action arises
	Section 21 – Objections to jurisdiction
	Section 21A – Bar on 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 summons
	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 defenses
	Section 35B – Costs for causing delay

 

Execution	Section 36 – Application to ordersSection 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 Court 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 – Execution barred in certain cases
	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 – ***
	Section 67 – Power for State Government to make rules as to sales of land in execution of decrees for payment of money
	Section 68 – Rep. by the CPC (Amendment) Act, 1956
	Section 69 – Rep. by the CPC (Amendment) Act, 1956
	Section 70 – Rep. by the CPC (Amendment) Act, 1956
	Section 71 – Rep. by the CPC (Amendment) Act, 1956
	Section 72 – Rep. by the CPC (Amendment) Act, 1956
	Section 73 – Proceeds of execution
	Section 74 – Resistance to execution
Incidental Proceedings	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

 

Suits in Particular Cases	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 State 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 – Applications of sections 85 and 86 to Rulers of former Indian States
	Section 88 – Where interpleader suit may be reinstituted
Special Proceedings	Section 89 – Arbitration
	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
Supplemental Proceedings	Section 94 – Supplemental Proceedings
	Section 95 – Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Appeals	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 refused 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 suits
	Section 103 – Power of High Court to determine issues 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 – Value of subject matters
	Section 111 – Bar of certain appeals
	Section 111A – Appeals to Federal Court
	Section 112 – Savings
Reference, Review and Revision	Section 113 – Reference to High Court
	Section 114 – Review
	Section 115 – Revision
Special Provisions Relating to the High Courts	Section 116 – Part to apply only to certain High Courts
	Section 117 – Application of Code to High Court
	Section 118 – Execution of decree before ascertainment of costs
	Section 119 – Unauthorized persons not to address Court
	Section 120 – Provisions not applicable to High Court in original civil jurisdiction

 

Rules	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 Court to make rules as to their original Civil Procedure
	Section 130 – Powers of other High Court to make rules as to matters other than procedure
	Section 131 – Publication of rules
Miscellaneous	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 outside 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 – Saving of present right of appeal
	Section 155 – Amendment of certain Acts
	Section 156 – Repeals
	Section 157 – Continuance of orders under repealed enactments
	Section 158 – Reference to Code of Civil Procedure and other repealed enactments
Appendix	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