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[CPC] The Code of Civil Procedure `1908

CPC An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
1908
List of Chapters & Sections
PRELIMINARY JURISDICTION OF THE COURTS AND Res judicata PLACE OF SUING INSTITUTION OF SUITS SUMMONS AND DISCOVERY JUDGMENT AND DECREE INTEREST COSTS GENERAL COURTS BY WHICH DECREES MAY BE EXECUTED 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 COMMISSIONS 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 ARBITRATION SPECIAL CASE PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC SUPPLEMENTAL PROCEEDINGS APPEALS FROM ORIGINAL DECREES APPEALS FROM APPELLATE DECREES APPEALS FROM ORDERS GENERAL PROVISIONS RELATING TO APPEALS APPEALS TO THE SUPREME COURT REFERENCE, REVIEW AND REVISION SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER RULES MISCELLANEOUS

  1. PRELIMINARY

  2. 1
     Short title, commencement and extent
  3. 2
     Definitions
  4. 3
     Subordination of Courts
  5. 4
     Savings
  6. 5
     Application of the Code to Revenue Courts
  7. 6
     Pecuniary jurisdiction
  8. 7
     Provincial Small Cause Courts
  9. 8
     Presidency Small Cause Courts

  • JURISDICTION OF THE COURTS AND Res judicata

  • 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

  • PLACE OF SUING

  • 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
  • 21A
     Baron suit to set aside decree on objection as to place of suing
  • 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 Supreme Court to transfer suits, etc

  • INSTITUTION OF SUITS

  • 26
     Institution of suits

  • SUMMONS AND DISCOVERY

  • 27
     Summons to defendants
  • 28
     Service of summons where defendant resides in another State
  • 29
     Service of foreign summonses
  • 30
     Power to order discovery and the like
  • 31
     Summons to witness
  • 32
     Penalty for default

  • JUDGMENT AND DECREE

  • 33
     Judgment and decree

  • INTEREST

  • 34
     Interest

  • COSTS

  • 35
     Costs
  • 35A
     Compensatory costs in respect of false or vexatious claims or defences
  • 35B
     Costs for causing delay

  • GENERAL

  • 36
     Application to orders
  • 37
     Definition of Court which passed a decree

  • COURTS BY WHICH DECREES MAY BE EXECUTED

  • 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

  • QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

  • 47
     Questions to be determined by the Court executing decree

  • LIMIT OF TIME FOR EXECUTION

  • 48
     [Repealed.]

  • TRANSFEREES AND LEGAL REPRESENTATIVES

  • 49
     Transferee
  • 50
     Legal representative

  • PROCEDURE IN EXECUTION

  • 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

  • ARREST AND DETENTION

  • 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

  • ATTACHMENT

  • 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

  • SALE

  • 65
     Purchaser's title
  • 66
     [Repealed.]
  • 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

  • 68
     [Repealed.]
  • 69
     [Repealed.]
  • 70
     [Repealed.]
  • 71
     [Repealed.]
  • 72
     [Repealed.]

  • DISTRIBUTION OF ASSETS

  • 73
     Proceeds of execution sale to be rateably distributed among decree-holders

  • RESISTANCE TO EXECUTION

  • 74
     Resistance to execution

  • COMMISSIONS

  • 75
     Power of Court to issue commissions
  • 76
     Commission to another Court
  • 77
     Letter of request
  • 78
     Commissions issued by foreign Courts

  • SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

  • 79
     Suits by or against Government
  • 80
     Notice
  • 81
     Exemption from arrest and personal appearance
  • 82
     Execution of decree

  • SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS

  • 83
     When aliens may sue
  • 84
     When foreign States may sue
  • 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 Ruler

  • SUITS AGAINST RULERS OF FORMER INDIAN STATES

  • 87B
     Application of sections 85 and 86 to Rulers of former Indian States

  • INTERPLEADER

  • 88
     Where interpleader-suit may be instituted

  • ARBITRATION

  • 89
     Settlement of disputes outside the Court

  • SPECIAL CASE

  • 90
     Power to state case for opinion of Court

  • PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

  • 91
     Public nuisances and other wrongful acts affecting the public
  • 92
     Public charities
  • 93
     Exercise of powers of Advocate-General outside presidency-towns

  • SUPPLEMENTAL PROCEEDINGS

  • 94
     Supplemental proceedings
  • 95
     Compensation for obtaining arrest, attachment or injunction on insufficient ground

  • 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 merits or jurisdiction
  • 99A
     No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected

  • APPEALS FROM APPELLATE DECREES

  • 100
     Second appeal
  • 100A
     No further appeal in certain cases
  • 101
     Second appeal on no other grounds
  • 102
     No second appeal in certain cases
  • 103
     Power of High Court to determine issue of fact

  • APPEALS FROM ORDERS

  • 104
     Orders from which appeal lies
  • 105
     Other orders
  • 106
     What Courts to hear appeals

  • GENERAL PROVISIONS RELATING TO APPEALS

  • 107
     Powers of Appellate Court
  • 108
     Procedure in appeals from appellate decrees and orders

  • APPEALS TO THE SUPREME COURT

  • 109
     When appeals lie to the Supreme Court
  • 110
     [Omitted.]
  • 111
     [Omitted.]
  • 111A
     [Omitted.]
  • 112
     Savings

  • REFERENCE, REVIEW AND REVISION

  • 113
     Reference to High Court
  • 114
     Review
  • 115
     Revision

  • SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER

  • 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
     Unauthorised persons not to address Court
  • 120
     Provisions not applicable to High Court in original civil jurisdiction

  • RULES

  • 121
     Effect of rules in First Schedule
  • 122
     Power of certain High Courts 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

  • 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 out side district
  • 137
     Language of subordinate Courts
  • 138
     Power of High Court to require evidence to be recorded in 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
  • 148A
     Right to lodge a caveat
  • 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
  • 153A
     Power to amend decree or order where appeal is summarily dismissed
  • 153B
     Place of trial to be deemed to be open Court
  • 154
     [Repealed.]
  • 155
     [Repealed.]
  • 156
     [Repealed.]
  • 157
     Continuance of orders under repealed enactments
  • 158
     Reference to Code of Civil Procedure and other repealed enactments