The Code of Civil Procedure, 1908

( ACT NO. V Of 1908 )

1An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature.

 
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title, commencement and extent.

2. Definitions

3. Subordination of Courts.

4. Savings

5. Application of the Code of Revenue Courts.

6. Pecuniary Jurisdiction.

7. Small Cause Courts.

8. [Omitted]

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. Others suits to be instituted where defendants reside or cause of action arises.

21. Objections to jurisdiction.

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.

24A. Appearance of parties on transfer of suit, etc.

25. [Omitted]

Institution of Suits

26. Institution of suits.

Summons and Discovery

27. Summons to defendants.

28. [Omitted]

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. Cost for delay in making applications, etc., in respect of interlocutory matters.

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. [Omitted]

41. Result of execution proceedings to be certified.

42. Powers of Court in executing transferred decree.

43. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory.

44. [Omitted]

44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.

45. [Omitted]

46. Precepts

47. [Omitted]

Limit of Time for Execution

48. Execution barred in certain cases.

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. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.

67. Power for 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. Power to prescribe rules for transferring to Collector execution of certain decrees.

69. Provisions of Third Schedule to apply.

70. Rules of procedure.

Jurisdiction of Civil Courts barred.

71. Collector deemed to be acting judicially.

72. Where Court may authorise Collector to stay public sale of land.

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. [Omitted]

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 the 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 for Rules of foreign States.

86. Suits against Rulers.

86A. Suits against diplomatic agents.

87. Style of Rulers as parties to suits.

[Suits Against Rulers of Acceding and Merged States

87A. [Omitted]

Interpleader

88. Where interpleader suit may be instituted.

[ALTERNATIVE DISPUTE RESOLUTION]

89. [Omitted]

[ALTERNATIVE DISPUTE RESOLUTION]

89A. Mediation

[ALTERNATIVE DISPUTE RESOLUTION]

89B. Arbitration

89C. Mediation in Appeal.

89D. Special provisions for mediation

89E. Application and commencement of the provisions of sections 89A and 89C

Special Case

90. Power to state case for opinion of Court.

Suits relating to Public Matters

91. Public nuisances

92. Public charities

93. Exercise of powers of Attorney General.

94. Supplemental proceedings

95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds.

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.

Appeals from Appellate Decrees

100-103. [Omitted]

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 Appellate Division]

109. When appeals lie to the Supreme Court.

110. Value of subject-matter.

111. Bar of certain appeals.

111A [Omitted]

112. Savings

113. Reference of High Court Division.

114. Review

115. Revision

116. Part to apply only to certain High Court Division.

117. Application of Code to High Court Division.

118. Execution of decree before ascertainment of costs.

119. Unauthorised persons not to Address Court.

120. Provisions not applicable to High Court Division in original civil jurisdiction.

121. Effect of rules in First Schedule.

122. Power of Supreme Court to make rules.

123. Constitution of Rule Committees.

124. Committee to report to Supreme Court.

125. [Omitted]

126. Rules to be subject to approval.

127. Publication of rules.

128. Matters for which rules may provide.

129. [Omitted]

130. [Omitted]

131. [Omitted]

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 outside district.

137. Language of subordinate Courts.

138. Power of High Court Division 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.

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.

154. Saving of present right of appeal.

155. Amendment of certain Acts.

156. [Repealed]

157-158. [Omitted]