Civil Procedure Code 1908

Civil Procedure Code 1908

CONTENTS
Sections	Particulars
1.	Short title, commencment 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.	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.
35A.	Compensatory costs in respect of false or vexatious claims or defenses.
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 Court 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.	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.
68-72.	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 State 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”.
87B.	Applications of sections 85 and 86 to Rulers of former Indian States.
88.	Where interpleader suit may be reinstituted.
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 grounds.
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 refused 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 issues 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 matters.
111.	Bar of certain appeals.
111A.	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 Court.
118.	Execution of decree before ascertainment of costs.
119.	Unauthorized 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 Court to make rules as to their original Civil Procedure.
130.	Powers of other High Court 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 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.
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.	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 I	PARTIES OF SUITS (THE FIRST SCHEDULE)
ORDER II	FRAME OF SUIT (THE FIRST SCHEDULE)
ORDER III	RECOGNIZED AGENTS AND PLE ADERS (THE FIRST SCHEDULE)
ORDER IV	INSTITUTION OF SUITS (THE FIRST SCHEDULE)
ORDER V	ISSUE AND SERVICE OF SUMMONS (THE FIRST SCHEDULE)
ORDER VI	PLEADINGS GENERALLY (THE FIRST SCHEDULE)
ORDER VII	PLAINT (THE FIRST SCHEDULE)
ORDER VIII	WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM (THE FIRST SCHEDULE)
ORDER IX	APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE (THE FIRST SCHEDULE)
ORDER X	EXAMINATION OF PARTIES BY THE COURT (THE FIRST SCHEDULE)
ORDER XI	DISCOVERY AND INSPECTION (THE FIRST SCHEDULE)
ORDER XII	ADMISSION (THE FIRST SCHEDULE)
ORDER XIII	PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS (THE FIRST SCHEDULE)
ORDER XIV	SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON (THE FIRST SCHEDULE)
ORDER XV	DISPOSAL OF THE SUIT AT THE FIRST HEARING (THE FIRST SCHEDULE)
ORDER XVI	SUMMONING AND ATTENDANCE OF WITNESSES (THE FIRST SCHEDULE)
ORDER XVIA	ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS (THE FIRST SCHEDULE)
ORDER XVII	ADJOURNMENTS (THE FIRST SCHEDULE)
ORDER VIII	HEARING OF THE SUIT AND EXAMINATION OF WITNESSES (THE FIRST SCHEDULE)
ORDER XIX	AFFIDAVITS (THE FIRST SCHEDULE)
ORDER XX	JUDGMENT AND DECREE (THE FIRST SCHEDULE)
ORDER XXA	COSTS (THE FIRST SCHEDULE)
ORDER XXI (1-32)	EXECUTION OF DECREES AND ORDERS – 1 To 32 (THE FIRST SCHEDULE)
ORDER XXI (33-50).	EXECUTION OF DECREES AND ORDERS- 33 To 50 (THE FIRST SCHEDULE)
ORDER XXI (51-80).	EXECUTION OF DECREES AND ORDERS – 51 To 80 (THE FIRST SCHEDULE)
ORDER XXI (81-106).	EXECUTION OF DECREES AND ORDERS – 81 To 106 (THE FIRST SCHEDULE)
ORDER XXII	DEATH, MARRIAGE AND INSOLVENCY OR PARTIES (THE FIRST SCHEDULE)
ORDER XXIII	WITHDRAWAL AND ADJUSTMENT OF SUITS (THE FIRST SCHEDULE)
ORDER XXIV	PAYMENT INTO COURT (THE FIRST SCHEDULE)
ORDER XXV	SECURITY FOR COSTS (THE FIRST SCHEDULE)
ORDER XXVI	COMMISSIONS ( THE FIRST SCHEDULE)
ORDER XXVII	SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY (THE FIRST SCHEDULE)
ORDER XXVIIA	SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT (THE FIRST SCHEDULE)
ORDER XXVIII	SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN (THE FIRST SCHEDULE)
ORDER XXIX	SUITS BY OR AGAINST CORPORATIONS (THE FIRST SCHEDULE)
ORDER XXX	SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN (THE FIRST SCHEDULE)
ORDER XXXI	SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS (THE FIRST SCHEDULE)
ORDER XXXII	SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND (THE FIRST SCHEDULE)
ORDER XXXIIA	SUITS RELATING TO MATTERS CONCERNING THE FAMILY (THE FIRST SCHEDULE)
ORDER XXXIII	SUITS BY INDIGENT PERSONS (THE FIRST SCHEDULE)
ORDER XXXIV	SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY (THE FIRST SCHEDULE)
ORDER XXXV	INTERPLEADER (THE FIRST SCHEDULE)
ORDER XXXVI	SPECIAL CASE (THE FIRST SCHEDULE)
ORDER XXXVII	SUMMARY PROCEDURE (THE FIRST SCHEDULE)
ORDER XXXVIII	ARREST AND ATTACHMENT BEFORE JUDGMENT (THE FIRST SCHEDULE)
ORDER XXXIX	TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS (THE FIRST SCHEDULE)
ORDER XL	APPOINTMENT OF RECEIVERS (THE FIRST SCHEDULE)
ORDER XLI	APPEALS FROM ORIGINAL DECREES (THE FIRST SCHEDULE)
ORDER XLII	APPEALS FROM APPELLATE DECREES (THE FIRST SCHEDULE)
ORDER XLIII	APPEALS FROM ORDERS (THE FIRST SCHEDULE)
ORDER XLIV	APPEALS BY INDIGENT PERSONS (THE FIRST SCHEDULE)
ORDER XLV	APPEALS TO THE SUPREME COURT (THE FIRST SCHEDULE)
ORDER XLVI	REFERENCE (THE FIRST SCHEDULE)
ORDER XLVII	REVIEW (THE FIRST SCHEDULE)
ORDER XLVIII	MISCELLANEOUS (THE FIRST SCHEDULE)
ORDER XLIX	CHARTERED HIGH COURTS (THE FIRST SCHEDULE)
ORDER L	PROVINCIAL SMALL CAUSE COURTS (THE FIRST SCHEDULE)
ORDER LI	PRESIDENCY SMALL CAUSE COURT S (THE FIRST SCHEDULE)
APPENDIX A	APPENDIX A
APPENDIX B	APPENDIX B
APPENDIX C	APPENDIX C
APPENDIX D	APPENDIX D
APPENDIX E	APPENDIX E
APPENDIX F	APPENDIX F
APPENDIX G	APPENDIX G
APPENDIX H	APPENDIX H
SCH II	THE SECOND SCHEDULE
SCH III	THE THIRD SCHEDULE
SCH IV	THE FOURTH SCHEDULE
SCH V	THE FIFTH SCHEDULE

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