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Code of Civil Procedure, 1908 Complete Act

Year : 1908

Section Title : Code of Civil Procedure, 1908

Preamble 1 - THE CODE OF CIVIL PROCEDURE, 1908
Section 1 - Short title, commencement and extent
Section 2 - Definitions
Section 3 - Subordination of Courts
Section 4 - Savings
Section 5 - Application of the Code to Revenue Courts
Section 6 - Pecuniary jurisdiction
Section 7 - Provincial Small Cause Courts
Section 8 - Presidency Small Cause Courts

Part I
Section 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 movables
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 summonses
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 defences
Section 35B - Costs for causing delay

Part II
Section 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 courts 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 Court executing decree
Section 48 - Execution barred in certain cases [Repealed]
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 - Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff [Repealed]
Section 67 - Power for State Government to make rules as to sales of land in execution of decrees for payment of money
Section 68 to 72 - Delegation to Collector of Power to execute decrees against immovable property [Repealed]
Section 73 - Proceeds of execution-sale to be rateably distributed among decree-holders
Section 74 - Resistance to execution

Part III
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

Part IV
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 to 87A - Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys
Section 83 - When aliens may sue
Section 84 - When foreign States 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 instituted

Part V
Section 89 - Arbitration
Section 90 - Power to state case for opinion of Court
Section 91 to 93 - Public nuisances and other wrongful acts affecting the public
Section 91 - Public nuisances and other wrongful acts affecting the public
Section 92 - Public charities
Section 93 - Exercise of powers of Advocate-General outside Presidency-towns

Part VI
Section 94 - Supplemental proceedings
Section 95 - Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Part VII
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 reversed 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 cases
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

Part VIII
Section 113 - Reference to High Court
Section 114 - Review
Section 115 - Revision
Part IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
Section 116 - Part to apply only to certain High Courts
Section 117 - Application of Code to High Courts
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

Part X
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 Courts to make rules as to their original civil procedure
Section 130 - Power of other High Courts to make rules as to matters other than procedure
Section 131 - Publication of rules

Part XI
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 enactment's
Section 158 - Reference to Code of Civil Procedure and other repealed enactments

Order 1 - Parties to suits
Order 1 Rule 1 to 13

Order 2 - Frame of suit
Order 2 Rule 1 to 7

Order 3 - Recognized Agents and Pleaders
Order 3 Rule 1 to 6

Order 4 - Institution of suits
Order 4 Rule 1 to 2

Order 5 - Issue of Summons
Order 5 Rule 1 to 8

Order 5 - Service of Summons
Order 5 Rule 9 to 30

Order 6 - Pleading Generally
Order 6 Rule 1 to 18

Order 7 - Plaint
Order 7 Rule 1 to 13

Order 7 - Documents relied on in plaint
Order 7 Rule 14 to 18

Order 8 - Written Statement, set-off and Counter-claim
Order 8 Rule 1 to 10

Order 9 - Appearance of parties and Consequence of non-appearance
Rule 1 to 12

Order 9 - Settings aside decrees ex parte
Order 9 Rule 13 to 14

Order 10 - Examination of parties by the Court
Order 10 Rule 1 to 4

Order 11 - Discovery and inspection
Order 11 Rule 1 to 23

Order 12 - Admissions
Order 12 Rule 1 to 9

Order 13 - Production, Impounding and return of documents
Order 13 Rule 1 to 11

Order 14 - Settlement of issues and determination of suit on issues of law or on issues agreed upon
Order 14 Rule 1 to 7

Order 15 - Disposal of the suit at the first hearing
Order 15 Rule 1 to 4

Order 16 - Summoning and attendance of witnesses
Order 16 Rule 1 to 21

Order 16A - Attendance of witnesses confined or detained in prisons
Order 16A Rule 1 to 7

Order 17 - Adjournments
Order 17 Rule 1 to 3

Order 18 - Hearing of the suit and examination of witnesses
Order 18 Rule 1 to 19

Order 19 - Affidavits
Order 19 Rule 1 to 3

Order 20 - Judgment and decree
Order 20 Rule 1 to 20

Order 20A - Costs
Order 20A Rule 1 to 2

Order 21 - Payment under decree
Order 21 Rule 1 to 2

Order 21 - Courts executing decrees
Order 21 Rule 3 to 9

Order 21 - Application for execution
Order 21 Rule 10 to 23

Order 21 - Process for execution
Order 21 Rule 24 to 25

Order 21 - Stay of execution
Order 21 Rule 26 to 29

Order 21 - Mode of execution
Order 21 Rule 30 to 36

Order 21 - Arrest and detention in the civil prison
Order 21 Rule 37 to 40

Order 21 - Attachment of property
Order 21 Rule 41 to 57

Order 21 - Adjudication of claims and objections
Order 21 Rule 58 to 63

Order 21 - Sale generally
Order 21 Rule 64 to 73

Order 21 - Sale of movable property
Order 21 Rule 74 to 81

Order 21 - Sale of immovable property
Order 21 Rule 82 to 96

Order 21 - Resistance of delivery of Possession to decree-holder or purchaser
Order 21 Rule 97 to 106

Order 22 - Death, marriage and insolvency of parties
Order 22 Rule 1 to 12

Order 23 - Withdrawal and adjustment of suits
Order 23 Rule 1 to 4

Order 24 - Payment into Court
Order 24 Rule 1 to 4

Order 25 - Security for costs
Order 25 Rule 1 to 2

Order 26 - Commissions to examine witnesses
Order 26 Rule 1 to 8

Order 26 - Commissions for local investigations
Order 26 Rule 9 to 10

Order 26 - Commissions for scientific investigation, performance of ministerial act and sale of movable property
Order 26 Rule 10A to 10C

Order 26 - Commissions to examine accounts
Order 26 Rule 11 to 12

Order 26 - Commissions to make partitions
Order 26 Rule 13 to 14

Order 26 - General Provisions
Order 26 Rule 15 to 18B

Order 26 - Commissions issued at the instance of foreign Tribunals
Order 26 Rule 19 to 22

Order 27 - Suit by or against the Government or public officers in their official capacity
Order 27 Rule 1 to 8B

Order 27A - Suits involving a substantial question of law as to the interpretation of the constitution or as to the validity of any statutory instrument
Order 27A Rule 1 to 4

Order 28 - Suits by or against military or naval men or airmen
Order 28 Rule 1 to 3

Order 29 - Suits by or against corporations
Order 29 Rule 1 to 3

Order 30 - Suits by or against firms and persons carrying on business in names other than their own
Order 30 Rule 1 to 10

Order 31 - Suits by or against trustees, executors and administrators
Order 31 Rule 1 to 3

Order 32 - Suits by or against minors and persons of unsound mind
Order 32 Rule 1 to 16

Order 32A - Suits relating to matters concerning the family
Order 32A Rule 1 to 6

Order 33A - Suits by indigent persons
Order 33A Rule 1 to 18

Order 34 - Suits relating to mortgages of immovable property
Order 34 Rule 1 to 15

Order 35 - Interpleader
Order 35 Rule 1 to 6

Order 36 - Special case
Order 36 Rule 1 to 6

Order 37 - Summary procedure
Order 37 Rule 1 to 7

Order 38 - Arrest before judgment
Order 38 Rule 1 to 4

Order 38 - Attachment before judgment
Order 38 Rule 5 to 13

Order 39 - Temporary Injuctions
Order 39 Rule 1 to 5

Order 39 - Interlocutory orders
Order 39 Rule 6 to 10

Order 40 - Appointment of receivers
Order 40 Rule 1 to 5

Order 41 - Appeals from original decrees
Order 41 Rule 1 to 4

Order 41 - Stay of proceedings and of execution
Order 41 Rule 5 to 8

Order 41 - Procedure on admission of appeal
Order 41 Rule 9 to 15

Order 41 - Procedure of hearing
Order 41 Rule 16 to 29

Order 41 - Judgment in appeal
Order 41 Rule 30 to 34

Order 41 - Decree in appeal
Order 41 Rule 35 to 37

Order 42 - Appeals from appellate decrees
Order 42 Rule 1 to 3

Order 43 - Appeals from orders
Order 43 Rule 1 to 2

Order 44 - Appeals by indigent persons
Order 44 Rule 1 to 3

Order 45 - Appeals to the supreme court
Order 45 Rule 1 to 17

Order 46 - Reference
Order 46 Rule 1 to 7

Order 47 - Review
Order 47 Rule 1 to 9

Order 48 - Miscellaneous
Order 48 Rule 1 to 3

Order 49 - Chartered high courts
Order 49 Rule 1 to 3

Order 50 - Provincial small cause courts
Order 50 Rule 1

Order 51 - Presidency small cause courts
Order 51 Rule 1
Appendix A - PLEADINGS
Appendix B - PROCESS
Appendix C - DISCOVERY, INSPECTION AND ADMISSION
Appendix D - DECREES
Appendix E - EXECUTION
Appendix F - SUPPLEMENTAL PROCEEDINGS
Appendix H - MISCELLANEOUS
Appendix G - APPEAL, REFERENCE AND REVIEW
Schedule 2 - THE SECOND SCHEDULE (Repealed)
Schedule 3 - THE THIRD SCHEDULE (Repealed)
Schedule 4 - THE FOURTH SCHEDULE (Repealed)
Schedule 5 - THE FIFTH SCHEDULE (Repealed)
Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999
Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
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