SectionsParticulars
Preliminary
1Short title
 (1) This Act may be cited as he Code of Civil Procedure, 1908.(2) Commencement and extent. It shall come into force on the first day of January, 1909.{Subs...
2Definitions
In this Act, unless there is anything repugnant in the subject or context,-(1) " Code " includes rules:(2) " decree " means the formal expression of an adjudi...
3Subordination of Courts
For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and...
4Savings
 (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law no...
5Application of the Code to Revenue Courts
(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is...
6Pecuniary jurisdiction
Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of th...
7Provincial Small Cause Courts
The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887, {Ins.by Act 4 of 1941, s.2 and Sch.III.} ...
8Presidency Small Cause Courts
Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 77 and 155 to 158, and by the Presidency Small Cause Courts Act, 1882, 15 of 188...
Part ISuits In General
9Courts to try all civil suits unless barred
.- The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizan...
10Stay of suit
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit b...
11Res judicata
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit b...
12Bar to further suit
Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a...
13When foreign judgment not conclusive
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any...
14Presumption as to foreign judgments
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment' that such judgment was pronounced by a ...
15Court in which suits to be instituted
Every suit shall be instituted in the Court of the lowest grade competent to try it....
16Suits to be instituted where subject matter situate
Subject to the pecuniary or other limitations prescribed by any law, suits-(a) for the recovery of immovable property with or without rent or profits,(b) for ...
17Suits for immovable property situate within jurisdiction of different Courts
.-Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit...
18Place of institution of suit where local limits of jurisdiction of Courts are uncertain
(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one...
19Suits for compensation for wrongs to person or movables
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of on...
20Other suits to be instituted where defendants reside or cause of action arises
Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction—(a) the defendant, or each of ...
21Objections to jurisdiction
No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at...
22Power to transfer suits which may be instituted in more than one Court
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, ma...
23To what Court application lies
(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellat...
24General power of transfer and withdrawal
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion with...
25Power of State Government to transfer suits
(1) Where any party to a suit, appeal or other proceeding pending in a High Court presided over by a single Judge objects to its being heard by him and the J...
26Institution of suits
Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed....
27Summons to defendants
.- Where a suit has been duly instituted, a summons may be s issued to the defendant to appear and answer the claim and may be served in manner prescribed....
28Service of summons where defendant resides in another State
(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.(2) The Court to...
29Service of foreign summonses.Summonses and other processes issued by 30
(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or(b) any Civil or Revenue Court establishe...
30Power 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
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents an...
31Summons to witness
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects....
32Penalty for default
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may-(a) issue a warrant for his arre...
33Judgment and decree
The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow....
34Interest
(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to b...
35Costs
(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident ...
Part IIExecution
36Application to orders
The provisions of this Code relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders. Applica...
37Definition of Court which passed a decree
The expression "Court which passed a decree, " or words to that effect, shall, in relation to the execution of decrees unless there is anything repugnant in ...
38Court by which decree may be executed
A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution....
39Transfer of decree
(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court,-(a) if the person against whom the d...
40Transfer of decree to Court in another State
.- Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in...
41Result of execution-proceedings to be certified
.- The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution or where the former Court fails to ...
42Powers of Court in executing transferred decree
.- The Court executing a decree sent to it shall have the same powers in execution such decree as if it had been passed by itself. All persons disobeying or o...
43Execution of decrees passed by Civil Courts in places to which this Code does not extend
Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend or by any Court established or conti...
44Execution of decrees passed by Revenue Courts in places to which this Code does not extend
The State Government may, by notification in the Official Gazette declare that the decrees of any Revenue Court in any part of India to which the provisions ...
44AExecution of decrees passed by Courts in reciprocating territory
(1) Where a certified copy of a decree of any of the superior Courts of {The words "the United Kingdom or " omitted by Act 71 of 1952, s.2.} any reciprocatin...
45Execution of decrees outside India
So much of the foregoing section of this Part as empowers a Court to sent a decree for execution to another Court shall be construed as empowering a Court in...
46Precepts
.- (1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fir, issue a precept to any other Court which would...
47Questions to be determined by the Court executing decree
(1) All question arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge o...
48Execution barred in certain cases
.- (1) Where an application to execute a decree not being a decree shall be made, no order for the execution of the same decree shall be made upon any fresh a...
49Transferee
Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-h...
50Legal representative
(1) Where a judgment-debtor dies before the decree has been fully satisfied the holder of the decree may apply to the Court which passed it to execute the sa...
51Powers of Court to enforce execution
Subject to such conditions and limitations as may be prescribed the Court may, on the application of the decree-holder, order execution of the decree-(a) by ...
52Enforcement of decree against legal representative
(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property...
53Liability of ancestral property
For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt...
54Partition of estate or separation of share
Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share ...
55Arrest and detention
(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, an...
56Prohibition of arrest or detention of women in execution of decree for money
.-Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the pay...
57Subsistence allowance
.- The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debto...
58Detention and release
(1) Every person detained in the civil prison in execution of a decree shall be so detained, -(a) where the decree is for the payment of a sum of money excee...
59Release on ground of illness
(1) At any time after a warrant for the arrest of a judgment-Release debtor has been issued the Court may cancel it on the ground of his of serious illness.(...
60Property liable to attachment and sale in execution of decree
.- The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, in money, bank-notes, ch...
61Partial exemption of agricultural produce
The State Government {The words "with the previous sanction of the G.G.in C." rep. by Act ,8 of 1920.s.2 and Sch., Pt.I.} may, by general or special order pu...
62Seizure of property in dwelling house
(1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling house after sunset and befo...
63Property attached in execution of decrees of several Courts
(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or real...
64Private alienation of property after attachment to be void
Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debto...
65Purchasers title
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser fro...
66Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
.- (1) No suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground...
67Power for State Government to make rules as to sales of land in execution of decrees for payment of money
.- {The original s.67 was renumbered as sub-section (1) of that section by Act 1 of 1914, s.3.} [(1)] The State Government {The words " with the previous sanc...
68Power to prescribe rules for transferring to Collector execution of certain decrees
The State Government may {The words " with the previous sanction of the G.G.in C." rep. by Ac 38 of 1920, s.2 and Sch.I, Pt.I.} declare, by notification in t...
69Provisions of Third Schedule to apply
The provisions set forth in the Third Schedule shall apply to all cases in which the execution of a decree has been transferred under the last preceding sect...
70Rules of procedure
(1) The State Government may make rules consistent with the aforesaid provisions-(a) for the transmission of the decree from the Court to the Collector, and ...
71Collector deemed to be acting judicially
In executing a decree transferred to the Collector under section 68 the Collector and his subordinates shall be deemed to be acting judicially....
72Where Court may authorize Collector to stay public sale of land
(1) Where in any local area in which no declaration under section 68 is in force the property attached consists of land or of a share in land, and the Collec...
73Proceeds of execution-sale to be rateably distributed among decree-holders
.-(1) Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution of d...
74Resistance to execution
Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in executi...
PART IIIIncidental Proceedings
75Power of Court to issue commissions
.- Subject to such conditions and limitations as may be prescribed, the Court may issue a commission-(a) to examine any person;(b) to make a local investiga...
76Commission to another Court
(1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Co...
77Letter of request
In lieu of issuing a commission the Court may issue a letter to examine a witness residing at any place not within {Subs. by Act 2 of 1951, s.3, for "the Sta...
PART IVSuits In Particular Cases
80Notice
No suit shall be {Subs. by the A.O.1946 for "instituted against the Crown".} [instituted against the Government] or Notice. against a public officer in resp...
81Exemption from arrest and personal appearance
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-(a) the defendant shall not be lia...
82Execution of decree
(1) {Subs. by Act 32 of 1949, s.2, for certain former words.} [Where in a suit by or against the Government, or by or against a public officer in respect of ...
83When aliens may use
.- Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit,...
84When foreign States may use
A foreign State may sue in any competent Court:that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer ...
85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
(1) The Central Government may, at the request of the Ruler by of a foreign State or at the request of any person competent in the opinion of the Central Gov...
86Suits against foreign Rulers, Ambassadors and Envoys
.- (1) No Ruler of a foreign State may be sues in any Court otherwise competent to try the suit except with the consent of the Central Government certified i...
87Style of foreign Rulers as parties to suits
The Ruler of a foreign State may sue, and shall be sued, the name of his State:that in giving the consent referred to in section 86, the Central Government m...
87ADefinitions of foreign State and Rulers
(1) In this Part,-(a) "foreign State" means any State outside India which has been recognized by the Central Government; and(b) " Ruler ", in relation to a ...
87BApplication of sections 85 and 86 to Rulers of former Indian States
(1) The provisions of section 85 and of sub-sections (1) end (3) of section 86 shall apply in relation to the Rulers of any former Indian State as they apply...
88Where interpleader suit may be instituted
Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims...
Part VSpecial Proceedings]Dings
89[Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 and Sch.III
90Power to state case for opinion of Court
.- Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed....
91Public nuisances
(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institut...
92Public Charities
.(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the dire...
93Exercise of powers of Advocate General outside presidency-towns
The powers conferred by sections 91 and 92 on the Advocate General may, outside the presidency-towns, be, with the previous sanction of the State Government,...
Part VISupplemental Proceedings
94Supplemental proceedings
In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,-(a) issue a warrant to arrest the defendant and bring him ...
95Compensation for obtaining arrest, attachment or injunction on insufficient grounds
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last receding section, -(a) it appears...
Part VIIAppeals From Original Decrees
96Appeal from original decree
.(1) Save where otherwise expressly provided in the body AP of this Code or by any other law for the time being in force, an appeal shall lie from every decre...
97Appeal from final decree where no appeal from preliminary decree
.Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from dis...
98Decision where appeal heard by two or more Judges
.(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (...
99No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
.No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or...
100Second appeal
(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court fr...
101Second appeal on no other grounds
.- No second appeal shall lie except on the grounds mentioned in section 100....
102No second appeal in certain suits
No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original sui...
103Power of High Court to determine issues of fact
.- In any second appeal, the High Court may, if the evidence P, on the record is sufficient, deter-mine any issue of fact necessary for the disposal of the ...
104Orders from which appeal lies
.- (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in f...
105Other orders
(1) Save as otherwise expressly provided, no appeal shall die from any order made by a Court in the exercise of its original or appellate jurisdiction; but, ...
106What Courts to hear appeals
.- Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made,...
107Power of Appellate court
.- (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power-(a) to determine a case finally;(b) to remand a ca...
108Procedure in appeals from appellate decrees and orders
.- The provisions of this Part relating to appeals from original decrees shall], so far as may be, apply to appeals-(a) from appellate decrees, and(b) from ord...
109When appeal lie to the Supreme Court
.- {Subs. by the A.O.1950 for " Subject to such rules ".} [Subject to the provisions in Chapter IV of Part V of the Constitution and such rules] as may, from...
110Value of subject-matter
.- n each of the cases mentioned in clauses (a) and (b) of vc section 109, the amount or value of the subject-matter of the suit in the Court of first instanc...
111Bar of certain appeals
111AAppeal to Federal Court
112Savings
- {Subs., ibid., for the former sub-section (1).} [(1) Nothing contained in this Code shall be deemed-(a) to affect the powers of the Supreme Court under Arti...
Part VIIIReference, Review And Revision
113Refence to High Court
- Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and ...
114Review
.-Subject as aforesaid, any person considering himself aggrieved-(a) by a decree or order from which an appeal is allowed by this Code, but from which no app...
115Revision
.- The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto,...
Part IXSpecial 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]"
116Part to apply only to certain High Courts
.- This Part applies only to High Courts { Subs. by the A.O.1950 for " which are, or may hereafter be, constituted by His Majesty by Letters Patent ".} [for ...
117Application of Code to High Courts
.- Save as provided in this Part or in Part X or in rules, the A]: provisions of this Code shall apply to such High Courts....
118Execution of decree before ascertainment of costs
.- Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should he be executed before the ...
119Unauthorized persons not to address Court
.- Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction,...
120Provision not applicable to High Court on original civil jurisdiction
(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, section, 16, 17 and 20.{Sub-sectio...
Part XRules
121Effect of rules in First Schedule
.- The rules in the First Schedule shall have erect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of t...
122Power of certain High Court to make rules
.- {Subs. by the A.O.1950 for "Courts which are High Courts for the purposes of the Government of India Act, 1935 ".} [High Courts for Part A States] { Ins.b...
123Constitution of Rule Committees in certain States
.- (1) A Committee, to be called the Rule Committee, shall be constituted at {Subs. by Act 13 of l909, s.2 and Sch., for "each of the towns of Calcutta, Madr...
124Committee to report to High Court
.- Every Rule Committee shall make a report to the High Court-t c, established at the town at which it is constituted on any proposal H to annul, alter or ad...
125Power of other High Courts to make rules
.- High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditio...
126Rules to be subject to approval
[Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rul...
127Publication of rules
.- Rules so made and {Subs. by Act 24 of 1917, s.2 and Sch.I, for "sanctioned".} [approved] shall be published in the {Subs. by the A.O.1937 for "Gazette of ...
128Matters for which rules may provide
.- (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the p...
129Power of High Courts to make rules as to their original civil procedure
.- Notwithstanding anything in this Code, any High Court {Subs. by the A.O.1950 for "constituted by His Majesty by Letters Patent".} [for a Part A State] {I...
130Power of other High Courts to make rules as to matters other than procedure
.-A High Court {Subs. by the A.O.1950 for "not constituted by His Majesty by Letters Patent ".} [not being a High Court to which section 129 applies] may, wit...
131Publication of rules
.- Rules made in accordance with section 129 or section 130 shall be published in the {Subs. by the A.O.1937 for " Gazette of India or in the local official ...
Part XIMiscellaneous
132Exemption of certain women from personal appearance
.- (1) Women who, according to the customs and manners of l the country, ought not to be compelled to appear in public shall be exempt from personal appearan...
133Exemption of other persons
.(1) The State Government may, by notification in the Official Gazette, exempt from personal appearance in Court any person whose rank, in the opinion of suc...
134Arrest other than in execution of decree
.- The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code....
135Exemption from arrest under civil Process
.- (1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or, returning from, his Cou...
135AExemption of members of legislative bodies from arrest and detention under civil process
.- (1) No person shall be liable to arrest or detention in i" prison under civil process-{Subs. by the A.O.1937 for the former clause.}[(a) if he is a member ...
136Procedure where person to be arrested or property to be attached is outside district
.- (1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to...
137Language of Subordinate Courts
.- (1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of su...
138Power of High Court to require evidence to be recorded English
.(1) The { Subs. by Act 4 of 1914, s.2 and Sch., Pt.I, for "L.G."} [High Court] may, by notification in the Official: Gazette, direct with respect to any Judg...
139Oath on affidavit by whom to be administered
.- In the case of any affidavit under this Code-(a) any Court or Magistrate, or a(b) any officer or` other person whom a High Court may appoint to in this beh...
140Assessors in causes of salvage, etc
.- (1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdicti...
141Miscellaneous proceedings
.- The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil ju...
142Orders and notices to be in writing
- All orders and notices served on or given to any person under the provisions of this Code shall be in writing....
143Postage
.- Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid...
144Application for restitution
.- (1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by w...
145Enforcement of Liability of surety
.- Where any person has become liable as surety-(a) for the performance of any decree or any part thereof, or(b) for the restitution of any property taken in e...
146Proceedings by or against representatives
.- Save as otherwise provided by this Code or by any law for P the time being in force, where any proceeding may be taken or by application made by or agains...
147Consent or agreement by persons under disability
.- In all suits to which any person under disability is a party any consent or agreement, as to any proceeding shall, if given or made, with the express leav...
148Enlargement of time
.- Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in ' its discretion, from ti...
149Power to make up deficiency of court-fees
.- Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Co...
150Transfer of business
.- Save as otherwise provided, where the business of any Court' is transferred to any other Court, the Court to which the business is so transferred shall ha...
151Saving of inherent powers of Court
.- Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends o...
152Amendment of judgments, decrees or orders
.- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be correc...
153General power to amend
.- The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all ...
154Saving of present right of appeal
155Amendment of certain Acts
156Repeals
157Continuance of Orders under repealed enactments
.- Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers co...
158Reference to Code of Civil Procedure and other repealed enactment
.- In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act...
The First Schedule
Order IParties To Suits
1.Who may be joined as plaintiffs.2.Power of Court to order separate trials.3.Who may be joined as defendants.4.Court may give judgment for or against one or m...
Order IIFrame of Suit
1.Frame of suit.2.Suit to include the whole claim. Relinquishment of part of claim. Omission to sue for one of several reliefs.3.Joinder of causes of action.4...
Order IIIRecognized Agents And Pleaders
1.Appearances, etc., may be in person, by recognized agent or by pleader.2.Recognised agents.3.Service of process on recognized agent.4.Appointment of plead...
Order IVInstitution Of Suits
1.Suit to be commenced by plaint.2.Register of suits....
Order VIssue Ann Service Of Summons
Issue of Summons1.Summons. 2.Copy or statement annexed to summons.3.Court may order defendant or plaintiff to appear in person.4.No party to be ordered to ap...
Order VIPleadings Generally
1.Pleading. 2.Pleading to state material facts and not evidence.3.Forms of pleading. 4.Particulars to be given where necessary.5.Further and better stateme...
Order VIIPlaint
1.Particulars to be contained in plaint.2.In money suits.3.Where the subject-matter of the suit is immovable property.4.When plaintiff sues as representativ...
Order VIIIWritten Statement And Set-Off
1.Written statement.2.New facts must be specially pleaded.3.Denial to be specific.4. Evasive denial.5. Specific denial.6. Particulars of set-off to be given in...
Order IXAppearance of Parties and Consequence Of Non-Appearance
1. Parties to appear on day fixed in summons for defendant to appear and answer.2. Dismissal of suit where summons not served in consequence of plaintiff's fa...
Order XExamination Of Parties By The Court
1. Ascertainment whether allegations in pleadings are admitted are denied.2. Oral examination of party, or companion of party.3.Substance of examination to be...
Order XIDiscovery And Inspection
1.Discovery by interrogatories.2.Particular interrogatories to be submitted.3.Costs of interrogatories.4.Form of interrogatories.5.Corporations. 6.Objectio...
Order XIIAdmissions
1.Notice of admission of case.2.Notice to admit documents.3.Form of notice.4.Notice to admit facts.5.Form of admissions.6.Judgment on admissions.7.Affidavit ...
Order XIIIProduction, Impounding And Return Of Documents
1.Documentary evidence to be produced at first hearing.2.Effect of non-production of documents.3.Rejection of irrelevant or inadmissible documents.4.Endorsem...
Order XIVSettlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon
1.Framing of issues.2.Issues of law and of fact.3.Materials from which issues may be framed.4.Court may examine witnesses or documents before framing issues.5....
Order XVDisposal Of The Suit At The First Hearing
1.Parties not at issue.2.One of several defendants not at issue.3.Parties at issue.4.Failure to produce evidence....
Order XVISummoning And Attendance Of Witnesses
1.Summons to attend to give evidence or produce documents.2. Expenses of witness to be paid into Court on applying for summons.Experts.Scale of expenses.3. ...
Order XVIIAdjournments
1.Court may grant time and adjourn hearing. Costs of adjournment.2. Procedure if parties fail to appear on day fixed.3. Court may proceed notwithstanding eithe...
Order XVIIIHearing Of The Suit And Examination Of Witnesses
1. Right to begin.2. Statement and production of evidence.3. Evidence where several issues.4. Witnesses to be examined in open Court.5. How evidence shall be t...
Order XIXAffidavits
1.Power to order any point to be proved by affidavit.2. Power to order attendance of deponent for cross-examination.3. Matters to which affidavits shall be co...
Order XXJudgment And Decree
1. Judgment when pronounced.2. Power to pronounce judgment written by Judge's predecessor.3. Judgment to be signed.4. Judgments of Small Cause Courts.Judgments ...
Order XXIExecution Of Decrees And Orders
Payment under Decree1. Modes of paying money under decree.2. Payment out of Court to decree-holder.Courts executing Decrees3. Lands situate in more than one ju...
Order XXIIDeath, Marriage And Insolvency Of Parties
1. No abatement by party's death, if right to sue survives.2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.3. Proced...
Order XXIIIWithdrawal and Adjustment of Suits
1. Withdrawal of suit or abandonment of part of claim.2. Limitation law not affected by first suit.3. Compromise of suit.4. Proceedings in execution of decrees...
Order XXIVPayment Into Court
1. Deposit by defendant of amount in satisfaction of claim.2. Notice of deposit.3. Interest on deposit not allowed to plaintiff after notice.4. Procedure where...
Order XXVSecurity For Costs
1. When security for costs may be required from plaintiff.Residence out of India.2. Effect of failure to furnish security....
Order XXVICommissions
Commissions to examine witnesses1. Cases in which Court may issue commission to examine witness.2. Order for commission.3. Where witness resides within Court...
Order XXVIISuits By Or Against The Government Or Public Officers In Their Official Capacity
1. Suits by or against Government.2. Persons authorized to act for Government.3. Plaints in suits by or against Government.4. Agent for Government to receive p...
Order XXVIIASuits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution
1. Notice to the Attorney General or the Advocate-General.2. Court may add Government as party.3. Costs.4. AppIication of Order to appeals....
Order XXVIIISuits By Or Against Military Or Naval Men Or Airmen
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them.2. Person So authorized may act personal...
Order XXIXSuits By Or Against Corporations
1. Subscription and verification Of pleading.2. Service on corporation.3. Power to require personal attendance of officer of Corporation....
Order XXXSuits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
1. Suing of partners in name of firm.2. Disclosure of partners' names.3. Service.4. Right of suit on death of partner.5. Notice in what capacity served.6. Appe...
Order XXXISuits By Or Against Trustees, Executors And Administrators
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.2. Joinder of trustees, executors and administrators.3. Husband of mar...
Order XXXIISuits By Or Against Minors And Persons Of Unsound Mind
1. Minor to sue by next friend.2. Where suit is instituted without next friend, plaint to be taken off the file.3. Guardian for the suit to be appointed by Co...
Order XXXIIISuits By Paupers
1. Suits may be instituted in forma paupers.2. Contents of application.3. Presentation of application.4. Examination of applicant.If presented by agent, Court ...
Order XXXIVSuits Relating To Mortgages Of Immovable Property
1. Parties to suits for foreclosure, sale and redemption.2. Preliminary decree in foreclosure-suit.3. Final decree in foreclosure-suit.4. Preliminary decree in...
Order XXXVInterpleader
1.Plaint in interpleader-suit.2. Payment of thing claimed into Court.3. Procedure where defendant is suing plaintiff.4. Procedure at first hearing.5. Agents ...
Order XXXVISpecial Case
1. Power to state case for Court's opinion.2. Where value of subject-matter must be stated.3. Agreement to be filed and registered as suit.4. Parties to be sub...
Order XXXVIISummary Procedure On Negotiable: Instruments
1.Application of Order.2. Institution of summary suits upon bills of exchange, etc.3. Defendant showing defence on merits to have leave to appear.4. Power to...
Order XXXVIIIArrest and Attachment Before Judgment
Arrest before in judgment1. Where defendant may be called upon to furnish security for appearance.2. Security.3. Procedure on application by surety to be disch...
Order XXXIXTemporary Injunctions And Interlocutory Orders
Temporary injunctions 1.Cases in which temporary injunction may be granted.2. Injunction to restrain repetition or continuance of breach.3. Before granting i...
Order XLAppointment OK, Receivers
1. Appointment of receivers.2. Remuneration.3. Duties.4. Enforcement of receiver's duties.5. When Collector may be appointed receiver....
Order XLIAppeals From Original Decrees
1. Form of appeal.What to accompany memorandum.Contents of memorandum.2. Grounds which may be taken in appeal.3. Rejection or amendment of memorandum.4. One of...
Order XLIIAppeals From Appellate Decrees
1. Procedure....
Order XLIIIAppeals From Orders
1. Appeals from orders.2. Procedure....
Order XLIVPauper Appeals
Any person entitled to prefer an appeal, who is unable to pay who may the fee required for the memorandum of appeal, may present an application accomp...
Order XLVAppeals To The Supreme Court
1." Decree " defined.2.Application to Court whose decree complained of.3.Certificate as to value or fitness.4.Consolidation of suits.5.Remission of dispute to ...
Order XLVIReference
1.Reference of question to High Court. 2.Court may pass decree contingent upon decision of High Court 3.Judgment of High Court to be transmitted, and ease di...
Order XLVIIReview
1.Application for review of judgment. 2.To whom applications for review may be made. 3.Form of applications for review. 4.Application where rejected. Applic...
Order XLVIIIMiscellaneous
1.Process to be served at expense of party issuing. Costs of service. 2.Orders and notices how served. 3.Use of forms in appendices. ...
Order XLIXChartered High Courts
1.Who may serve processes of High Court. 2.Saving in respect of Chartered High Courts. 3.Application of rules. ...
Order LProvincial Small Cause Courts
1.Provincial Small Cause Courts. ...
Order LIPresidency Small Cause Courts
1.Presidency Small Cause Courts. ...
Appendices to The First Schedule
Appendix APleadings
Appendix BProcess
Appendix CDiscovery, Inspection And Admission
Appendix DDecrees
Appendix EExecution
Appendix FSupplemental Proceedings
Appendix GAppeal, Reference And Review
Appendix HMiscellaneous
The Second Schedule[Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 (1) and Sch.III.
The Third ScheduleExecution Of Decrees By Collectors
Where the execution of a decree has been transferred to the Collector under section 68, he may—(a) proceed as the Court would proceed when the sale of immov...
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.
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