01-21-2022, 12:45 AM
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The Code of Civil Procedure, 1908
Enactment Date: 1908-03-21
Act Year: 1908
Short Title: The Code of Civil Procedure, 1908
Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
Ministry: Ministry of Law and Justice
Department: Legislative Department
Enforcement Date: 01-01-1909
Last Updated: 31-12-2018
Preliminary
Part 1
Suits in General
JURISDICTION OF THE COURTS AND Res judicata
Place of Suing
Institution of Suits
Summons And Discovery
Judgment and decree.
Interest
Costs
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
LIMIT OF TIME FOR EXECUTION
TRANSFEREES AND LEGAL REPRESENTATIVES
PROCEDURE IN EXECUTION
ARREST AND DETENTION
ATTACHMENT
SALE
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
DISTRIBUTION OF ASSETS
RESISTANCE TO EXECUTION
Part III
INCIDENTAL PROCEEDINGS
COMMISSIONS
Part IV
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
SUITS AGAINST RULERS OF FORMER INDIAN STATES
INTERPLEADER
PART V
SPECIAL PROCEEDINGS
ARBITRATION
SPECIAL CASE
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
PART VI
SUPPLEMENTAL PROCEEDINGS
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
APPEALS FROM APPELLATE DECREES
APPEALS FROM ORDERS
GENERAL PROVISIONS RELATING TO APPEALS
APPEALS TO THE SUPREME COURT
PART VIII
REFERENCE, REVIEW AND REVISION
PART IX
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
PART X
RULES
PART XI
MISCELLANEOUS
Enactment Date: 1908-03-21
Act Year: 1908
Short Title: The Code of Civil Procedure, 1908
Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
Ministry: Ministry of Law and Justice
Department: Legislative Department
Enforcement Date: 01-01-1909
Last Updated: 31-12-2018
Preliminary
- CPC Section 1. Short title, commencement and extent
- CPC Section 2. Definitions
- CPC Section 3. Subordination of Courts
- CPC Section 4. Savings.
- CPC Section 5. Application of the Code to Revenue Courts.
- CPC Section 6. Pecuniary jurisdiction.
- CPC Section 7. Provincial Small Cause Courts.
- CPC Section 8. Presidency Small Cause Courts.
Part 1
Suits in General
JURISDICTION OF THE COURTS AND Res judicata
- CPC Section 8. Presidency Small Cause Courts.
- CPC Section 9. Courts to try all civil suits unless barred.
- CPC Section 10. Stay of suit.
- CPC Section 11. Res judicata.
- CPC Section 12. Bar to further suit.
- CPC Section 13. When foreign judgment not conclusive.
- CPC Section 14. Presumption as to foreign judgments.
Place of Suing
- CPC Section 15. Court in which suits to be instituted.
- CPC Section 16. Suits to be instituted where subject-matter situate.
- CPC Section 17. Suits for immovable property situate within jurisdiction of different Courts.
- CPC Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
- CPC Section 19. Suits for compensation for wrongs to person or movables.
- CPC Section 20. Other suits to be instituted where defendants reside or cause of action arises.
- CPC Section 21. Objections to jurisdiction.
- CPC Section 21A. Baron suit to set aside decree on objection as to place of suing.
- CPC Section 22. Power to transfer suits which may be instituted in more than one Court.
- CPC Section 23. To what Court application lies.
- CPC Section 24. General power of transfer and withdrawal.
- CPC Section 25. Power of Supreme Court to transfer suits, etc.
Institution of Suits
- CPC Section 26. Institution of suits.
Summons And Discovery
- CPC Section 27. Summons to defendants.
- CPC Section 28. Service of summons where defendant resides in another State.
- CPC Section 29. Service of foreign summonses.
- CPC Section 30. Power to order discovery and the like.
- CPC Section 31. Summons to witness.
- CPC Section 32. Penalty for default.
Judgment and decree.
- CPC Section 33. Judgment and decree.
Interest
- CPC Section 34. Interest.
Costs
- CPC Section 35. Costs.CPC Section 35A.
- Compensatory costs in respect of false or vexatious claims or defences.
- CPC Section 35B. Costs for causing delay.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
- Section 47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
- Section 48. [Repealed.].
TRANSFEREES AND LEGAL REPRESENTATIVES
- Section 49. Transferee.
- Section 50. Legal representative.
PROCEDURE IN EXECUTION
- 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.
ARREST AND DETENTION
- 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.
ATTACHMENT
- 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.
SALE
- Section 65. Purchaser's title.
- Section 66. [Repealed.].
- Section 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
- Section 68. [Repealed.].
- Section 69. [Repealed.].
- Section 70. [Repealed.].
- Section 71. [Repealed.].
- Section 72. [Repealed.].
DISTRIBUTION OF ASSETS
- Section 73. Proceeds of execution sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
- Section 74. Resistance to execution.
Part III
INCIDENTAL PROCEEDINGS
COMMISSIONS
- 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
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
- Section 79. Suits by or against Government.
- Section 80. Notice.
- Section 81. Exemption from arrest and personal appearance.
- Section 82. Execution of decree.
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.
SUITS AGAINST RULERS OF FORMER INDIAN STATES
- Section 87B. Application of sections 85 and 86 to Rulers of former Indian States.
INTERPLEADER
- Section 88. Where interpleader-suit may be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
- Section 89. Settlement of disputes outside the Court.
SPECIAL CASE
- Section 90. Power to state case for opinion of Court.
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
SUPPLEMENTAL PROCEEDINGS
- Section 94. Supplemental proceedings.
- Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
- 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.
APPEALS FROM APPELLATE DECREES
- 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 issue of fact.
APPEALS FROM ORDERS
- Section 104. Orders from which appeal lies.
- Section 105. Other orders.
- Section 106. What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
- Section 107. Powers of Appellate Court.
- Section 108. Procedure in appeals from appellate decrees and orders.
APPEALS TO THE SUPREME COURT
- Section 109. When appeals lie to the Supreme Court.
- Section 110. [Omitted.].
- Section 111. [Omitted.].
- Section 111A. [Omitted.].
- Section 112. Savings.
PART VIII
REFERENCE, REVIEW AND REVISION
- 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. Unauthorised persons not to address Court.
- Section 120. Provisions not applicable to High Court in original civil jurisdiction.
PART X
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 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
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 out side 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. [Repealed.].
- Section 155. [Repealed.].
- Section 156. [Repealed.].
- Section 157. Continuance of orders under repealed enactments.
- Section 158. Reference to Code of Civil Procedure and other repealed enactments.
- 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 out side 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. [Repealed.].
- Section 155. [Repealed.].
- Section 156. [Repealed.].
- Section 157. Continuance of orders under repealed enactments.
- Section 158. Reference to Code of Civil Procedure and other repealed enactments.