Indian Law
Full Sections and Orders of CPC
Introduction
A Code of Civil Procedure must be regarded as such. It is a procedure, something designed to facilitate justice and further its ends; not a penal enactment for punishment and penalties, not a thing designed to trip people up. Too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should, therefore, be guarded against (provided always that justice is done on both sides) lest the very means designed for the furtherance of justice be used to frustrate it.
Next, it is important to remember that our laws of procedure are based on the principle of natural justice, ensuring that individuals are not condemned unheard, that decisions are not made behind their backs, and that proceedings affecting their lives and property do not occur in their absence. While exceptions should be clearly defined and applied, our laws of procedure should generally be interpreted in light of this principle.
Rules of procedure are not an end but a means to achieve justice. They are tools designed to facilitate justice, not obstacles to it. A construction of procedural rules that promotes justice and allows the Court to act within permissible limits should be preferred over rigid rules that impede justice. This is clear procedure should support justice, not dominate it. If the fairness of the procedure is upheld and essential elements have been followed, there is no reason to disregard the outcome due to minor, non-prejudicial omissions.
In our view, this appears to be the pragmatic approach which needs to be adopted while construing a purely procedural . provision. Otherwise, rules of procedure will become the mistress instead of remaining the handmaid of justice, contrary to the role attributed to it in our legal system.
Bonafide Defence:-
To determine a bona fide explanation, we can refer to judicial pronouncements on what constitutes a bona fide defence in an application for final judgement under Chapter XIII A of the Calcutta High Court Rules, aligning with Sub-rule 5 of Rule 3 of Order 37 of The Code of Civil Procedure, 1908.
In Kiranmoyee Dassi v. J. Chatterjee reported in, AIR 1949 Cal 478, the plaintiff had filed an application for final judgment under chapter XIIIA of the Calcutta High Court Rules in a suit for recovery of possession, arrears of rent and mesne profits. After an extensive review of the authorities this Court culled out the following principles:–
“(a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend.
(b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence although not a positively good defence the plaintiff is not entitled to sign judgment and the defendant is entitled to unconditional leave to defend.
(c) If the defendant discloses such facts as may be deemed sufficient to entitle him to defend, that is to say. However, the affidavit does not positively and immediately make it clear that he has a defence, yet, shows such a state of facts as leads to the inference that at the trial of the action he may be able to establish a defence to the plaintiff’s claim the plaintiff is not entitled to judgment. The defendant is entitled to leave to defend but in such a case the court may in its discretion impose conditions as to the time or mode of trial but not as to payment into court or furnishing security.
(d) If the defendant has no defence or the defence set-up is illusory or sham or practically moonshine then ordinarily the plaintiff is entitled to leave to sign judgment and the defendant is not entitled to leave to defend.
(e) If the defendant has no defence or the defence is illusory or sham or practically moonshine then although ordinarily the plaintiff is entitled to leave to sign judgment, the court may protect the plaintiff by only allowing the defence to proceed if the amount claimed is paid into court or otherwise secured and give leave to the defendant on such condition, and thereby show mercy to the defendant by enabling him to try to prove a defence.”
Full Sections and Orders of CPC
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature
Practice In The Trial Of Civil Suits In India
Civil Courts Act, 1977 [Jammu And Kashmir State now repealed]
Bengal, Agra And Assam Civil Courts Act, 1887
| SECTIONS | CODE OF CIVIL PROCEDURE, 1908 |
| Full Sections & Orders | ORDERS AND RULES |
| INDEX | |
| Statutory Formats | Preamble |
| Comments | PRELIMINARY |
| 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 |
| Comments | PART I : SUITS IN GENERAL |
| Jurisdiction of the Courts and res judicata | |
| 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 |
| Place of suing | |
| 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 suits 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 State Government to transfer suits |
| Institution of suits | |
| 26. | Institution of suits |
| summons and discovery | |
| 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 |
| Judgment and decree | |
| 33. | Judgment and decree |
| Interest | |
| 34. | Interest |
| PART II: EXECUTION | Costs |
| 35. | Costs |
| 35-A. | Compensatory costs in respect of false and vexatious claims or defences |
| 35-B. | Costs for causing delay |
| Comments | PART II : EXECUTION |
| General | |
| 36. | Application to orders |
| 37. | Definition of Court which passed a decree |
| Courts by which decrees may be executed | |
| 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 |
| Question to be determined by Court executing decree | |
| 47. | Questions to be determined by the Court executing decree |
| Transferees and legal representatives | |
| 49. | Transferee |
| 50. | Legal representative |
| Procedure in execution | |
| 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 |
| Arrest and detention | |
| 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 |
| Attachment | |
| 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 |
| Sale | |
| 65. | Purchasers title |
| 67. | Power for State Government to make rules as to sales of land in execution of decrees for payment of money |
| Delegation of Collector of power to execute decree against immoveable property | |
| Distribution of assets | |
| 73. | Proceeds of execution-sale to be rateably distributed among decree-holders |
| Resistance to execution | |
| 74. | Resistance to execution |
| PART III: INCIDENTAL PROCEEDINGS | |
| Commissions | |
| 75. | Power of Court to issue commissions |
| 76. | Commission to another Court |
| 77. | Letter of request |
| 78. | Commissions issued by foreign Courts |
PART IV: SUITS IN PARTICULAR CASES
| Comments | Suits by or against the Government or Public Officers in their official capacity |
| 79. | Suits by or against Government |
| 80. | Notice |
| 81. | Exemption from arrest and personal appearance |
| 82. | Execution of decree |
| Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys | |
| 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 ‘Rulers’ |
| Suits against Rulers of former Indian States | |
| 87-B. | Application of sections 85 and 86 to Rulers of former Indian States |
| Interpleader | |
| 88. | Where interpleader suit may be instituted |
| PART V: SPECIAL PROCEEDINGS | |
| Arbitration | |
| 89. | Settlement of disputes outside the Court |
| Special case | |
| 90. | Power to state case for opinion of Court |
| Public nuisance and other wrongful acts affecting the public | |
| 91. | Public nuisances |
| 92. | Public Charities |
| 93. | Exercise of powers of Advocate General outside presidency-towns |
| PART VI: SUPPLEMENTAL PROCEEDINGS | |
| 94. | Supplemental proceedings |
| 95. | Compensation for obtaining arrest, attachment or injunction on insufficient grounds |
| PART VII: APPEALS | |
| Appeals from original decrees | |
| 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 merit or jurisdiction |
| 99-A. | No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected |
| Appeals from appellate decrees | |
| 100. | Second appeal |
| 100-A. | No further appeal in certain cases |
| 101. | Second appeal on no other grounds |
| 102. | No second appeal in certain suits |
| 103. | Power of High Court to determine issues of fact |
| Appeals from orders | |
| 104. | Orders from which appeal lies |
| 105. | Other orders |
| 106. | What Courts to hear appeals |
| General Provisions relating to appeals | |
| 107. | Power of Appellate court |
| 108. | Procedure in appeals from appellate decrees and orders |
| Appeals to the Supreme Court | |
| 109. | When appeal lie to the Supreme Court |
| 112. | Savings |
| PART VIII: REFERENCE, REVIEW AND REVISION | |
| 113. | Reference to High Court |
| 114. | Review |
| 115. | Revision |
| PART IX : SPECIAL PROVISIONS RELATING TO THE HIGH COURT NOT BEING THE COURT OF A JUDICIAL COMMISSIONER | |
| 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. | Unauthorized persons not to address Court |
| 120. | Provision not applicable to High Court on original civil jurisdiction |
| PART X : RULES | |
| 121. | Effect of rules in First Schedule |
| 122. | Power of certain High Court 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 |
| Comments | PART XI: MISCELLANEOUS |
| 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 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 |
| 157. | Continuance of Orders under repealed enactments |
| 158. | Reference to Code of Civil Procedure and other repealed enactment |
| ORDER II: FRAME OF SUIT | ORDER XXVIII: SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN |
| ORDER XXVII-A: SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT | ORDER XXIX: SUITS BY OR AGAINST CORPORATIONS |
| ORDER IV: INSTITUTION OF SUITS | ORDER XXXI: SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS |
| ORDER I: PARTIES OF SUITS | ORDER XXX : SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN |
| ORDER VIII: WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM | ORDER XXXII-A: SUITS RELATING TO MATTERS CONCERNING THE FAMILY |
| ORDER III: RECOGNIZED AGENTS AND PLEADERS | ORDER XXXII : SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND |
| ORDER VI: PLEADINGS GENERALLY | ORDER V: ISSUE AND SERVICE OF SUMMONS |
| ORDER XLII: APPEALS FROM APPELLATE DECREES | ORDER XXXIII : SUITS BY INDIGENT PERSONS |
| ORDER VII: PLAINT | ORDER XXXIV : SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY |
| ORDER XXVI: COMMISSIONS | ORDER XXXV : INTERPLEADER |
| ORDER XIII: PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS | ORDER XXXVI : SPECIAL CASE |
| ORDER IX: APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE | ORDER XXXVII : SUMMARY PROCEDURE |
| ORDER XII: ADMISSION | ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGMENT |
| ORDER XI: DISCOVERY AND INSPECTION | ORDER XXXIX : TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS |
| ORDER XVI: SUMMONING AND ATTENDANCE OF WITNESSES | ORDER XL : APPOINTMENT OF RECEIVERS |
| ORDER XIV: SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON | ORDER XLIII: APPEALS FROM ORDERS |
| ORDER XV: DISPOSAL OF THE SUIT AT THE FIRST HEARING | ORDER XLI: APPEALS FROM ORIGINAL DECREES |
| ORDER XVI-A: ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS | ORDER XLIV: APPEALS BY INDIGENT PERSONS |
| ORDER XVII: ADJOURNMENTS | ORDER XLV: APPEALS TO THE SUPREME COURT |
| ORDER XVIII: HEARING OF THE SUIT AND EXAMINATION OF WITNESSES | ORDER XLVII: REVIEW |
| ORDER XX : JUDGMENT AND DECREE | ORDER XLVI : REFERENCE |
| ORDER XXI : EXECUTION OF DECREES AND ORDERS | ORDER XLIX: CHARTERED HIGH COURTS |
| ORDER XIX: AFFIDAVITS | ORDER XLVIII : MISCELLANEOUS |
| ORDER XXII: DEATH, MARRIAGE & INSOLVENCY OR PARTIES | ORDER XLIX : CHARTERED HIGH COURTS |
| ORDER XXV: SECURITY FOR COSTS | ORDER L : PROVINCIAL SMALL CAUSE COURTS |
| ORDER XXIII: WITHDRAWAL AND ADJUSTMENT OF SUITS | ORDER LI : PRESIDENCY SMALL CAUSE COURTS |
| ORDER XXIV: PAYMENT INTO COURT | APPENDICES TO THE FIRST SCHEDULE |
THE CODE OF CIVIL PROCEDURE 1908