Code of Civil Procedure-1908



[21st March, 1908]

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
21-A. Bar on 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
35-A. Compensatory costs in respect of false or vexatious claims or defences
35-B. 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
44-A. 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. Execution barred in certain cases
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. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money
68 to 72……
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
87-A. Definitions of “foreign State” and “Ruler”
87-B. Application of sections 85 and 86 to Rulers of former Indian States
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
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 grounds
96. Appeal from original 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
99-A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
100. Second appeal
100-A. 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. Value of subject-matter
111. Bar of certain appeals
111-A. Appeals to Federal Court
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
135-A. 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 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
148-A. 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
153-A. Power to amend decree or order where appeal is summarily dismissed
153-B. Place of trial to be deemed to be open Court
154. Saving of present right of appeal
155. Amendment of certain Acts
156. Repeals
157. Continuance of orders under repealed enactments
158. Reference to Code of Civil Procedure and other repealed enactments
Order 1 Parties Of Suits
Order 2 Frame Of Suit
Order 3 Recognized Agents And Pleaders
Order 4 Institution Of Suits
Order 4A Consolidation of Cases
Order 5 Issue And Service Of Summons
Order 6 Pleadings Generally
Order 7 Plaint
Order 8 Written Statement, Set-Of And Counter- Claim
Order 9 Appearance Of Parties And Consequence Of Non-Appearance
Order 10 Examination Of Parties By The Court
Order 11 Discovery And Inspection
Order 12 Admission
Order 13 Production, Impounding And Return Of Documents
Order 14 Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon
Order 15 Disposal Of The Suit At The First Hearing
Order 16 Summoning And Attendance Of Witnesses
Order 16A Attendance Of Witnesses Confined Or Detained In Prisons
Order 17 Adjournments
Order 18 Hearing Of The Suit And Examination Of Witnesses
Order 19 Affidavits
Order 20 Judgment And Decree
Order 20A Costs
Order 21 Execution Of Decrees And Orders
Order 22 Death, Marriage And Insolvency Or Parties
Order 23 Withdrawal And Adjustment Of Suits
Order 24 Payment Into Court
Order 25 Security For Costs
Order 26 Commissions
Order 27 Suits By Or Against The Government Or Public Officersrin Their Official Capacity
Order 27A Suits Involving A Substantial Question Of Law As To Their Interpretation Of The Constitution Or As To Their Validity Of Any Statutory Instrument
Order 28 Suits By Or Against Military Or Naval Men Or Airmen
Order 29 Suits By Or Against Corporations
Order 30 Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
Order 31 Suits By Or Against Trustees, Executors And Administrators
Order 32 Suits By Or Against Minors And Persons Of Unsound Mind
Order 32A Suits Relating To Matters Concerning The Family
Order 33 Suits By Indigent Persons
Order 34 Suits Relating To Mortgages Of Immovable Property
Order 35 Interpleader
Order 36 Special Case
Order 37 Summary Procedure
Order 38 Arrest And Attachment Before Judgment
Order 39 Temporary Injunctions And Interlocutory Orders
Order 40 Appointment Of Receivers
Order 41 Appeals From Original Decrees
Order 42 Appeals From Appellate Decrees
Order 43 Appeals From Orders
Order 44 Appeals By Indigent Persons
Order 45 Appeals To The Supreme Court
Order 46 Reference
Order 47 Review
Order 48 Miscellaneous
Order 49 Chartered High Courts
Order 50 Provincial Small Cause Courts
Order 51 Presidency Small Cause Courts

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