Code of Civil Procedure, 1908

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Act Id	code-of-criminal-procedure
Act Number	5
Enactment Date	1908-03-21
Act Year	1908
Ministry	Ministry of Law and Justice
Enforcement Date	01-01-1909

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

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