[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
  • 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