Act 5 of 1908

The Code of Civil Procedure, 1908

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

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1908-03-21
  • 171 sections
SectionTitle
1 Short title, commencement and extent. Read
2 Definitions. Read
3 Subordination of Courts. Read
4 Savings. Read
5 Application of the Code to Revenue Courts. Read
6 Pecuniary jurisdiction. Read
7 Provincial Small Cause Courts. Read
8 Presidency Small Cause Courts. Read
9 Courts to try all civil suits unless barred. Read
10 Stay of suit. Read
11 Res judicata. Read
12 Bar to further suit. Read
13 When foreign judgment not conclusive. Read
14 Presumption as to foreign judgments. Read
15 Court in which suits to be instituted. Read
16 Suits to be instituted where subject-matter situate. Read
17 Suits for immovable property situate within jurisdiction of different Courts. Read
18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain. Read
19 Suits for compensation for wrongs to person or movables. Read
20 Other suits to be instituted where defendants reside or cause of action arises. Read
21 Objections to jurisdiction. Read
21A Baron suit to set aside decree on objection as to place of suing. Read
22 Power to transfer suits which may be instituted in more than one Court. Read
23 To what Court application lies. Read
24 General power of transfer and withdrawal. Read
25 Power of Supreme Court to transfer suits, etc. Read
26 Institution of suits. Read
27 Summons to defendants. Read
28 Service of summons where defendant resides in another State. Read
29 Service of foreign summonses. Read
30 Power to order discovery and the like. Read
31 Summons to witness. Read
32 Penalty for default. Read
33 Judgment and decree. Read
34 Interest. Read
35 Costs. Read
35A Compensatory costs in respect of false or vexatious claims or defences. Read
35B Costs for causing delay. Read
36 Application to orders. Read
37 Definition of Court which passed a decree. Read
38 Court by which decree may be executed. Read
39 Transfer of decree. Read
40 Transfer of decree to Court in another State. Read
41 Result of execution proceedings to be certified. Read
42 Powers of Court in executing transferred decree. Read
43 Execution of decrees passed by Civil Courts in places to which this Code does not extend. Read
44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend. Read
44A Execution of decrees passed by Courts in reciprocating territory. Read
45 Execution of decrees outside India. Read
46 Precepts. Read
47 Questions to be determined by the Court executing decree. Read
48 [Repealed.]. Read
49 Transferee. Read
50 Legal representative. Read
51 Powers of Court to enforce execution. Read
52 Enforcement of decree against legal representative. Read
53 Liability of ancestral property. Read
54 Partition of estate or separation of share. Read
55 Arrest and detention. Read
56 Prohibition of arrest or detention of women in execution of decree for money. Read
57 Subsistence-allowance. Read
58 Detention and release. Read
59 Release on ground of illness. Read
60 Property liable to attachment and sale in execution of decree. Read
61 Partial exemption of agricultural produce. Read
62 Seizure of property in dwelling-house. Read
63 Property attached in execution of decrees of several Courts. Read
64 Private alienation of property after attachment to be void. Read
65 Purchaser's title. Read
66 [Repealed.].Read
67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money. Read
68 [Repealed.]. Read
69 [Repealed.]. Read
70 [Repealed.]. Read
71 [Repealed.]. Read
72 [Repealed.]. Read
73 Proceeds of execution sale to be rateably distributed among decree-holders. Read
74 Resistance to execution. Read
75 Power of Court to issue commissions.Read
76 Commission to another Court. Read
77 Letter of request. Read
78 Commissions issued by foreign Courts. Read
79 Suits by or against Government. Read
80 Notice. Read
81 Exemption from arrest and personal appearance. Read
82 Execution of decree. Read
83 When aliens may sue. Read
84 When foreign States may sue. Read
85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. Read
86 Suits against foreign Rulers, Ambassadors and Envoys. Read
87 Style of foreign Rulers as parties to suits. Read
87A Definitions of foreign State and Ruler.Read
87B Application of sections 85 and 86 to Rulers of former Indian States.Read
88 Where interpleader-suit may be instituted. Read
89 Settlement of disputes outside the Court. Read
90 Power to state case for opinion of Court. Read
91 Public nuisances and other wrongful acts affecting the public. Read
92 Public charities. Read
93 Exercise of powers of Advocate-General outside presidency-towns. Read
94 Supplemental proceedings. Read
95 Compensation for obtaining arrest, attachment or injunction on insufficient ground. Read
96 Appeal from original decree. Read
97 Appeal from final decree where no appeal from preliminary decree. Read
98 Decision where appeal heard by two or more Judges. Read
99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. Read
99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected. Read
100 Second appeal. Read
100A No further appeal in certain cases. Read
101 Second appeal on no other grounds. Read
102 No second appeal in certain cases. Read
103 Power of High Court to determine issue of fact. Read
104 Orders from which appeal lies. Read
105 Other orders. Read
106 What Courts to hear appeals. Read
107 Powers of Appellate Court. Read
108 Procedure in appeals from appellate decrees and orders. Read
109 When appeals lie to the Supreme Court. Read
110 [Omitted.]. Read
111 [Omitted.]. Read
111A [Omitted.]. Read
112 Savings. Read
113 Reference to High Court. Read
114 Review. Read
115 Revision. Read
116 Part to apply only to certain High Courts. Read
117 Application of Code to High Courts. Read
118 Execution of decree before ascertainment of costs. Read
119 Unauthorised persons not to address Court. Read
120 Provisions not applicable to High Court in original civil jurisdiction. Read
121 Effect of rules in First Schedule. Read
122 Power of certain High Courts to make rules. Read
123 Constitution of Rule Committees in certain States. Read
124 Committee to report to High Court. Read
125 Power of other High Courts to make rules. Read
126 Rules to be subject to approval. Read
127 Publication of rules. Read
128 Matters for which rules may provide. Read
129 Power of High Courts to make rules as to their original Civil procedure. Read
130 Power of other High Courts to make rules as to matters other than procedure. Read
131 Publication of rules. Read
132 Exemption of certain women from personal appearance. Read
133 Exemption of other persons. Read
134 Arrest other than in execution of decree. Read
135 Exemption from arrest under civil process. Read
135A Exemption of members of legislative bodies from arrest and detention under civil process. Read
136 Procedure where person to be arrested or property to be attached is out side district. Read
137 Language of subordinate Courts. Read
138 Power of High Court to require evidence to be recorded in English. Read
139 Oath on affidavit by whom to be administered. Read
140 Assessors in causes of salvage, etc. Read
141 Miscellaneous proceedings. Read
142 Orders and notices to be in writing. Read
143 Postage. Read
144 Application for restitution. Read
145 Enforcement of liability of surety. Read
146 Proceedings by or against representatives. Read
147 Consent or agreement by persons under disability. Read
148 Enlargement of time. Read
148A Right to lodge a caveat. Read
149 Power to make up deficiency of court-fees. Read
150 Transfer of business. Read
151 Saving of inherent powers of Court. Read
152 Amendment of judgments, decrees or orders. Read
153 General power to amend. Read
153A Power to amend decree or order where appeal is summarily dismissed. Read
153B Place of trial to be deemed to be open Court. Read
154 [Repealed.].Read
155 [Repealed.]. Read
156 [Repealed.]. Read
157 Continuance of orders under repealed enactments. Read
158 Reference to Code of Civil Procedure and other repealed enactments. Read
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