Act Text
Preamble1 - The Code of Civil Procedure, 1908
Section1 - Short Title, Commencement and Extent
Section2 - Definitions
Section3 - Subordination of Courts
Section4 - Savings
Section5 - Application of the Code to Revenue Courts
Section6 - Pecuniary Jurisdiction
Section7 - Provincial Small Cause Courts
Section8 - Presidency Small Causecourts
PartI - Suits in General
Section9 - Courts to Try All Civil Suits Unless Barred
Section10 - Stayof Suit
Section11 - Resjudicata
Section12 - Bar Tofurther Suit
Section13 - Whenforeign Judgment Not Conclusive
Section14 - Presumption as to Foreign Judgments
Section15 - Courtin Which Suits to Be Instituted
Section16 - Suitsto Be Instituted Where Subject-matter Situate
Section17 - Suitsfor Immovable Property Situate Within Jurisdiction of Different Courts
Section18 - Placeof Institution of Suit Where Local Limits of Jurisdiction of Courts Areuncertain
Section19 - Suitsfor Compensation for Wrongs to Person or Movables
Section20 - Other Suits to Beinstituted Where Defendants Reside or Cause of Action Arises
Section21 - Objections to Jurisdiction
Section21A - Bar Onsuit to Set Aside Decree on Objection as to Place of Suing
Section22 - Powerto Transfer Suits Which May Be Instituted in More Than One Court
Section23 - To What Courtapplication Lies
Section24 - General Power of Transfer and Withdrawal
Section25 - Powerof Supreme Court to Transfer Suits, Etc.
Section26 - Institution of Suits
Section27 - Summons to Defendants
Section28 - Service of Summonswhere Defendant Resides in Another State
Section29 - Service of Foreign Summonses
Section30 - Powerto Order Discovery and the Like
Section31 - Summons to Witness
Section32 - Penalty for Default
Section33 - Judgment and Decree
Section34 - Interest
Section35 - Costs
Section35A - Compensatory Costs in Respect of False or Vexatious Claims or Defences
Section35B - Costsfor Causing Delay
PartII - Execution
Section36 - Application to Orders
Section37 - Definition of Court Which Passed a Decree
Section38 - Court by Which Decree May Be Executed
Section39 - Transfer of Decree
Section40 - Transfer of Decree to Court in Another State
Section41 - Result of Execution Proceedings to Be Certified
Section42 - Powers of Court in Executing Transferred Decree
Section43 - Execution of Decrees Passed by Civil Courts in Places to Which This Code Does Not Extend
Section44 - Execution of Decrees Passed by Revenue Courts in Places to Which This Code Does Not Extend
Section44A - Execution of Decrees Passed by Courts in Reciprocating Territory
Section45 - Execution of Decrees Outside India
Section46 - Precepts
Section47 - Questions to Be Determined by Court Executing Decree
Section48 - Execution Barred in Certain Cases [Repealed]
Section49 - Transferee
Section50 - Legal Representative
Section51 - Powers of Court to Enforce Execution
Section52 - Enforcement of Decree Against Legal Representative
Section53 - Liability of Ancestral Property
Section54 - Partition of Estate or Separation of Share
Section55 - Arrest and Detention
Section56 - Prohibition of Arrest or Detention of Women in Execution of Decree for Money
Section57 - Subsistence Allowance
Section58 - Detention and Release
Section59 - Release on Ground of Illness
Section60 - Property Liable Toattachment and Sale in Execution of Decree
Section61 - Partial Exemption of Agricultural Produce
Section62 - Seizure of Property in Dwelling-house
Section63 - Property Attached in Execution of Decrees of Several Courts
Section64 - Private Alienation of Property After Attachment to Be Void
Section65 - Purchaser's title
Section66 - Suit Against Purchaser Not Maintainable on Ground of Purchase Being on Behalf of Plaintiff [Repealed]
Section67 - Power for State Government to Make Rules as to Sales of Land in Execution of Decrees for Payment of Money
Section68 to 72 - Delegation to Collector of Power to Execute Decrees Against Immovable Property [Repealed]
Section73 - Proceeds of Execution-sale to Be Rateably Distributed Among Decree-holders
Section74 - Resistance to Execution
PartIII - Incidental Proceedings
Section75 - Power of Court to Issue Commissions
Section76 - Commission to Another Court
Section77 - Letter of Request
Section78 - Commissions Issued by Foreign Courts
PartIV - Suits in Particular Cases
Section79 - Suits by or Against Government
Section80 - Notice
Section81 - Exemption from Arrest and Personal Appearance
Section82 - Execution of Decree
Section83 to 87A - Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys
Section83 - When Aliens May Sue
Section84 - When Foreign States May Sue
Section85 - Persons Specially Appointed by Government to Prosecute or Defend on Behalf of Foreign Rulers
Section86 - Suits Against Foreignrulers, Ambassadors and Envoys
Section87 - Style of Foreign Rulers as Parties to Suits
Section87A - Definitions of "foreign State" and "ruler"
Section87B - Applications of Sections 85 and 86 to Rulers of Former Indian States
Section88 - Where Interpleader-suit May Be Instituted
PartV - Special Proceedings
Section89 - Arbitration
Section90 - Power to State Case for Opinion of Court
Section91 to 93 - Public Nuisances and Other Wrongful Actsaffecting the Public
Section91 - Public Nuisances and Other Wrongful Acts Affectingthe Public
Section92 - Public Charities
Section93 - Exercise of Powers of Advocate-general Outside Presidency-towns
PartVI - Supplemental Proceedings
Section94 - Supplemental Proceedings
Section95 - Compensation for Obtaining Arrest, Attachment or Injunction on Insufficientgrounds
PartVII - Appeals
Section96 - Appealfrom Original Decree
Section97 - Appealfrom Final Decree Where No Appeal from Preliminary Decree
Section98 - Decision Where Appeal Heard by Two or More Judges
Section99 - Nodecree to Be Reversed or Modified for Error or Irregularity Not Affecting Merits Orjurisdiction
Section99A - Noorder Under Section 47 to Be Reversed or Modified Unless Decision of Thecase is Prejudicially Affected
Section100 - Secondappeal
Section100A - Nofurther Appeal in Certain Cases
Section101 - Secondappeal on No Other Grounds
Section102 - Nosecond Appeal in Certain Cases
Section103 - Powerof High Court to Determine Issues of Fact
Section104 - Ordersfrom Which Appeal Lies
Section105 - Otherorders
Section106 - Whatcourts to Hear Appeals
Section107 - Powersof Appellate Court
Section108 - Procedure in Appeals from Appellate Decrees and Orders
Section109 - Whenappeals Lie to the Supreme Court
Section110 - Valueof Subject Matters
Section111 - Bar Ofcertain Appeals
Section111A - Appeals to Federal Court
Section112 - Savings
PartVIII - Reference, Review and Revision
Section113 - Reference to High Court
Section114 - Review
Section115 - Revision
PartIX - Special Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner
Section116 - Part to Apply Only Tocertain High Courts
Section117 - Application of Code to High Courts
Section118 - Execution of Decree Before Ascertainment of Costs
Section119 - Unauthorized Persons Not to Address Court
Section120 - Provisions Not Applicable to High Court in Original Civil Jurisdiction
PartX - Rules
Section121 - Effect of Rules in Firstschedule
Section122 - Power of Certain High Courts to Make Rules
Section123 - Constitution of Rule Committees in Certain States
Section124 - Committee to Report to High Court
Section125 - Power of Other High Courts to Make Rules
Section126 - Rules to Be Subject to Approval
Section127 - Publication of Rules
Section128 - Matters for Which Rules May Provide
Section129 - Power of High Courts to Make Rules as to their Original Civil Procedure
Section130 - Power of Other High Courts to Make Rules as to Matters Other Than Procedure
Section131 - Publication Ofrules
PartXI - Miscellaneous
Section132 - Exemption of Certain Women from Personal Appearance
Section133 - Exemption of Other Persons
Section134 - Arrestother Than in Execution of Decree
Section135 - Exemption from Arrest Under Civil Process
Section135A - Exemption of Members of Legislative Bodies from Arrest Anddetention Under Civil Process
Section136 - Procedure Where Person to Be Arrested or Property to Be Attached is Outsidedistrict
Section137 - Language of Subordinate Courts
Section138 - Powerof High Court to Require Evidence to Be Recorded in English
Section139 - Oathon Affidavit by Whom to Be Administered
Section140 - Assessors in Causes of Salvage, Etc.
Section141 - Miscellaneous Proceedings
Section142 - Orders and Notices to Be in Writing
Section143 - Postage
Section144 - Application for Restitution
Section145 - Enforcementof Liability of Surety
Section146 - Proceedings by or Against Representatives
Section147 - Consent or Agreement by Persons Under Disability
Section148 - Enlargement of Time
Section148A - Right to Lodge a Caveat
Section149 - Powerto Make Up Deficiency of Court-fees
Section150 - Transfer of Business
Section151 - Savingof Inherent Powers of Court
Section152 - Amendment of Judgments, Decrees or Orders
Section153 - Generalpower to Amend
Section153A - Powerto Amend Decree or Order Where Appeal is Summarily Dismissed
Section153B - Placeof Trial to Be Deemed to Be Open Court
Section154 - Savingof Present Right of Appeal
Section155 - Amendment of Certain Acts
Section156 - Repeals
Section157 - Continuance of orders under repealed enactment's
Section158 - Reference to Code of Civil Procedure and Other Repealed Enactments
Order1 Rule 1 to 13 - Parties to Suits
Rule1 to 7 - Frame of Suit
Rule1 to 6 - Recognized Agents and Pleaders
Rule1 to 2 - Institution of Suits
Rule1 to 8 - Issue of Summons
Rule9 to 30 - Service of Summons
Rule1 to 18 - Pleading Generally
Rule1 to 13 - Plaint
Rule14 to 18 - Documents Relied on in Plaint
OrderVIII - Written Statement, Set-off and Counter-claim
Rule1 to 10 - Written Statement, Set-off and Counter-claim
Rule1 to 12 - Appearance of Parties and Consequence of Non-appearance
Rule13 to 14 - Settings Aside Decrees Ex Parte
Rule1 to 4 - Examination of Parties by the Court
Rule1 to 23 - Discovery and Inspection
Rule1 to 9 - Admissions
Rule1 to 11 - Production, Impounding and Return of Documents
Rule1 to 7 - Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon
Rule1 to 4 - Disposal of the Suit at the First Hearing
Rule1 to 21 - Summoning and Attendance of Witnesses
OrderXVIA - Attendance of Witnesses Confined or Detained in Prisons
Rule1 to 7 - Attendance of Witnesses Confined or Detained in Prisons
Rule1 to 3 - Adjournments
Rule1 to 19 - Hearing of the Suit and Examination of Witnesses
Rule1 to 3 - Affidavits
Rule1 to 20 - Judgement and Decree
OrderXXA - Costs
Rule1 to 2 - Costs
Rule1 to 2 - Payment Under Decree
Rule3 to 9 - Courts Executing Decrees
Rule10 to 23 - Application for Execution
Rule24 to 25 - Process for Execution
Rule26 to 29 - Stay of Execution
Rule30 to 36 - Mode of Execution
Rule37 to 40 - Arrest and Detention in the Civil Prison
Rule41 to 57 - Attachment of Property
Rule58 to 63 - Adjudication of Claims and Objections
Rule64 to 73 - Sale Generally
Rule74 to 81 - Sale of Movable Property
Rule82 to 96 - Sale of Immovable Property
Rule97 to 106 - Resistance of Delivery of Possession to Decree-holder or Purchaser
Rule1 to 12 - Death, Marriage and Insolvency of Parties
Rule1 to 12 - Withdrawal and Adjustment of Suits
Rule1 to 4 - Payment into Court
Rule1 to 2 - Security for Costs
Rule1 to 8 - Commissions to Examine Witnesses
Rule9 to 10 - Commissions for Local Investigations
Rule10A to 10C - Commissions for Scientific Investigation, Performance of Ministerial Act and Sale of Movable Property
Rule11 to 12 - Commissions to Examine Accounts
Rule13 to 14 - Commissions to Make Partitions
Rule15 to 18B - General Provisions
Rule19 to 22 - Commissions Issued at the Instance of Foreign Tribunals
Rule1 to 8B - Suit by or Against the Government or Public Officers in their Official Capacity
OrderXXVIIA - Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validityof Any Statutory Instrument
Rule1 to 4 - Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of Any Statutory Instrument
OrderXXVIII - Suits by or Against Military or Naval Men or Airmen
Rule1 to 3 - Suits by or Against Military or Naval Men or Airmen
Rule1 to 3 - Suits by or Against Corporations
Rule1 to 10 - Suits by or Against Firms and Persons Carrying on Business in Names Other Than their Own
Rule1 to 3 - Suits by or Against Trustees, Executors and Administrators
Rule1 to 16 - Suits by or Against Minors and Persons of Unsound Mind
OrderXXXIIA - Suits Relating to Matters Concerning the Family
Rule1 to 6 - Suits Relating to Matters Concerning the Family
OrderXXXIII - Suits by Indigent Persons
Rule1 to 18 - Suits by Indigent Persons
Rule1 to 15 - Suits Relating to Mortgages of Immovable Property
Rule1 to 6 - Interpleader
Rule1 to 6 - Special Case
OrderXXXVII - Summary Procedure
Rule1 to 7 - Summary Procedure
Rule1 to 4 - Arrest Before Judgment
Rule5 to 13 - Attachment Before Judgment
Rule1 to 5 - Temporary Injuctions
Rule6 to 10 - Interlocutory Orders
Rule1 to 5 - Appointment of Receivers
Rule1 to 4 - Appeals from Original Decrees
Rule5 to 8 - Stay of Proceedings and of Execution
Rule9 to 15 - Procedure on Admission of Appeal
Rule16 to 29 - Procedure of Hearing
Rule30 to 34 - Judgment in Appeal
Rule35 to 37 - Decree in Appeal
Rule1 to 3 - Appeals from Appellate Decrees
Rule1 to 2 - Appeals from Orders
OrderXLIV - Appeals by Indigent Persons
Rule1 to 3 - Appeals by Indigent Persons
OrderXLV - Appeals to the Supreme Court
Rule1 to 17 - Appeals to the Supreme Court
Rule1 to 7 - Reference
Rule1 to 9 - Review
Rule1 to 3 - Miscellaneous
Rule1 to 3 - Chartered High Courts
Rule1 - Provincial Small Cause Courts
Rule1 - Presidency Small Cause Courts
AppendixA - Pleadings
AppendixB - Process
AppendixC - Discovery, Inspection and Admission
AppendixD - Decrees
AppendixE - Execution
AppendixF - Supplemental Proceedings
AppendixH - Miscellaneous
AppendixG - Appeal, Reference and Review
Schedule2 - The Second Schedule (Repealed)
Schedule3 - The Third Schedule (Repealed)
Schedule4 - The Fourth Schedule (Repealed)
Schedule5 - The Fifth Schedule (Repealed)
Section - Code of Civil Procedure (Amendment) Act, 1999
Section - Code of Civil Procedure (Amendment) Act, 2002
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