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TypeBare Act JurisdictionCentral Government

Code of Civil Procedure, 1908

Complete Act - all sections

~9 min read
https://sooperkanoon.com/act/51117

Bare act · Research

About this act

Code of Civil Procedure, 1908 is Central state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

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

Frequently asked questions

What is the Code of Civil Procedure, 1908?

The Code of Civil Procedure, 1908, is Central state legislation available in full text on SooperKanoon. It is commonly used for legal research alongside judgments that interpret and apply its provisions.

How can I find court judgments citing the Code of Civil Procedure, 1908?

Use “Find citing judgments” on this page to search reported decisions from Indian courts and tribunals that reference the Code of Civil Procedure, 1908. You can also start from the Bare Acts hub or run an advanced act search for tighter filters.

Is the act text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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