LawgistAll Acts
Code of Civil Procedure
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
| Act Id | 190805 |
| Act Number | 05 |
| Enactment Date | 1908-03-21 |
| Act Year | 1908 |
| Ministry | Ministry of Law and Justice |
| Enforcement Date | 01-01-1909 |
- PRELIMINARY
- JURISDICTION OF THE COURTS AND Res judicata
- 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
- SUMMONS AND DISCOVERY
- JUDGMENT AND DECREE
- INTEREST
- COSTS
- GENERAL
- 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
- 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
- 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
- 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
- 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
