Section List

5/1908 - The Code of Civil Procedure, 1908 ▶

Act Number: 5

Act Name: The Code of Civil Procedure, 1908

Year: 1908

Enactment Date: 1908-03-21

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section Number	Title	Actions
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.
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.
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.
26	Institution of suits.
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.
33	Judgment and decree.
34	Interest.
35	Costs.
35A	Compensatory costs in respect of false or vexatious claims or defences.
35B	Costs for causing delay.
36	Application to orders.
37	Definition of Court which passed a decree.
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.
47	Questions to be determined by the Court executing decree.
48	[Repealed.].
49	Transferee.
50	Legal representative.
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.
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.
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.
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.
68	[Repealed.].
69	[Repealed.].
70	[Repealed.].
71	[Repealed.].
72	[Repealed.].
73	Proceeds of execution sale to be rateably distributed among decree-holders.
74	Resistance to execution.
75	Power of Court to issue commissions.
76	Commission to another Court.
77	Letter of request.
78	Commissions issued by foreign Courts.
79	Suits by or against Government.
80	Notice.
81	Exemption from arrest and personal appearance.
82	Execution of decree.
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.
88	Where interpleader-suit may be instituted.
89	Settlement of disputes outside the Court.
90	Power to state case for opinion of Court.
91	Public nuisances and other wrongful acts affecting the public.
92	Public charities.
93	Exercise of powers of Advocate-General outside presidency-towns.
94	Supplemental proceedings.
95	Compensation for obtaining arrest, attachment or injunction on insufficient ground.
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.
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.
104	Orders from which appeal lies.
105	Other orders.
106	What Courts to hear appeals.
107	Powers of Appellate Court.
108	Procedure in appeals from appellate decrees and orders.
109	When appeals lie to the Supreme Court.
110	[Omitted.].
111	[Omitted.].
111A	[Omitted.].
112	Savings.
113	Reference to High Court.
114	Review.
115	Revision.
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.
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.
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.
87B	Application of sections 85 and 86 to Rulers of former Indian States.