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Home Indian Law Indian Acts Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 is a Procedural Law related to administration

of Indian civil procedure.

Contents

[hide]

1 Composition
2 History
3 Civil Appeals
4 Sections from the Code
o 4.1 Part II: Execution
o 4.2 Part III: Incidental Proceedings
5 Part VII Appeals
o 5.1 Appeals from original decrees
o 5.2 Appeals from orders
o 5.3 General provisions relating to appeals
o 5.4 Part VII: Reference, Review and Revision
o 5.5 Part IX
o 5.6 Part X: Rules
6 Part XI: Miscellaneous
o 6.1 Chapter XXIX: Appeals
7 Order I
8 Order II
9 Order III
 10 Order VI
11 Order VII
12 Order XXI: Execution of Decrees and Orders
13 Order XXII
14 Order XLI Appeals
15 Related Cases / Recent Cases / Case Law
16 Related Acts

Composition

The CPC is composed of two parts

First part: Dividend into 158 Sections. Can be amended by the legislature
only.
Second Part: Divided into 51 Orders and Rules. Can be amended by High
Courts.

The Orders and Rules are to be read along with the Sections. When there is
ambiguity in interpretation between the two, the version of the Sections prevails.

History

The Code of Civil Procedure was first formulated in 1859 and was later updated in
1877, 1859, 1882 and to its present form that was made in 1908.

Civil Appeals

Constitutional provision for civil appeals

According to Article 133 of Constitution of India, an appeal shall lie to the
Supreme Court from any judgement, decree or final order in a civil
proceedings of a High Court in the territory of India, subject to the High
Court certifying under Article 134A that the case involves a substantial
question of law of general importance and that in its opinionm the said
question needs to be decided by the Supreme Court.

Sections from the Code

Section 1: Short title, commencement and extent

 Section 2 gives various definitions
Section 3 deals with Subordination of Courts
Section 4: Savings section
Section 5: Application of the Code of Revenue Courts
Section 6 deals with pecuniary jurisdiction
Section 7: Provincial Small Cause Courts
Section 9 says Courts to try all civil suits unless barred
Section 10 deals with Res Sub Judice: Stay of Suit
Section 11: Res Judicata
Section 12: Bar to further suit
Section 13: When foreign judgement is not conclusive
Section 14: Presumption as to foreign judgement
Section 15 specifies court in which suits to be instituted
Section 16 specifies suites to be instituted where subject-matter situate
Section 17 deals with suits for immoveable property situate within
jurisdiction of different courts
Section 18 deals with place of institution where local limits of jurisdiction of
courts are uncertain
Section 19 deals with suits for compensation for wrongs to person or
movables
Section 20 deals with other suits to be instituted where defendants reside
or cause of action arises
Section 21 deals with objections to jurisdiction
Section 22 deals with power to transfer suits which may be institute in
more than one court
Section 23 deals about to what court application lies
Section 24 deals with general power of transfer and withdrawal
Section 25 deals with power of Supreme Court to transfer suits etc.
Section 26 deals with institution of suits
Section 27: Summons to defendants to appear and answer the claim
Section 28: Service of summons where defendant resides in another state
Section 29: Service of foreign summonses
Section 30: Power to order discovery and the like
Section 31: Summons to witness
Section 32: Penalty for default
Section 33: Judgement and Decree
Section 34: Interest
 Section 35: General Costs

Part II: Execution

Section 36: Application to orders

Section 37: Definition of court which passed a decree
Section 38: Courts by which decree may be executed
Section 39: Transfer of decree
Section 40: Transfer of decree to court in another state
Section 41: Result of execution proceedings to be certified
Section 42: Powers of court in executing transferred decree
Section 43: Execution of decrees passed by civil courts in places to which
the code does not extend
Section 44: Execution of decrees passed by revenue court in places to
which this code does not extend
Section 49: Transferee
Section 50: Legal Representative
Section 51: Powers of court to enforce execution
Section 52: Enforcement of decree against legal representative
Section 53: Liability of ancestral property
Section 54: Partition of estate or separation of share
Section 55: Arrest and detention
Section 56: Prohibition of arrest or detention of women in execution of
decree for money
Section 57: Subsistence allowance
Section 58: Detention and release
Section 59: Release on ground of illness
Section 60: Property liable to attachment and sale in execution of decree
Section 61: Partial exemption of agricultural produce
Section 62: Seizure of property in dwelling house
Section 63: Property attached in execution of decrees of several Courts
Section 64: Private alienation of property after attachment to be void
Section 65: Purchasers title
Section 66: Suit against purchaser not maintainable on ground of purchase
being on behalf of plaintiff
Section 67: Power for State Government to make rules as to sales of land in
execution of decrees for payment of money
 Section 68: Power to prescribe rules for transferring to Collector execution
of certain decrees
Section 69: Provisions of Third Schedule to apply
Section 70: Rules of procedure
Section 71: Collector deemed to be acting judicially
Section 72: Where Court may authorize Collector to stay public sale of land
Section 73: Proceeds of execution-sale to be rateably distributed among
decree-holders
Section 74: Resistance to execution

Part III: Incidental Proceedings

Section 75: Power of court to issue commissions

Section 76: Commission to another court
Section 77: Letter of request
Section 83: When aliens may sue
Section 84: When foreign State may sue
Section 85: Persons specially appointed by Government to prosecute or
defend on behalf of foreign Rulers
Section 86: Suits against foreign Rulers, Ambassadors and Envoys
Section 87: Style of foreign Rulers as parties to suits
Section 87A: Definitions of "foreign State" and "Ruler"
Section 87B: Applications of sections 85 and 86 to Rulers of former Indian
States
Section 88: Where interpleader suit may be reinstituted
Section 89: [Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s.
49 and Sch. III
Section 90: Power to state case for opinion of Court
Section 95: Compensation for obtaining arrest, attachment or injunction on
insufficient grounds

Part VII Appeals

Appeals from original decrees

Section 96: Appeal from original decree

Section 97: Appeal from final decree where no appeal from preliminary
decree
 Section 98: Decision where appeal heard by two or more Judges
Section 99: No decree to be reversed or modified for error or irregularity
not affecting merits or jurisdiction
Section 100: Second appeal
Section 100A: No further appeal in certain cases
Section 101: Second appeal on no other grounds
Section 102: No second appeal in certain suits
Section 103: Power of High Court to determine issues of fact

Appeals from orders

Section 104: Orders from which appeal lies

Section 105: Other orders
Section 106: What Courts to hear appeals

General provisions relating to appeals

Part VII: Reference, Review and Revision

Section 113: Reference to High Court

Section 114: Review
Section 115: Revision
Section 115A: District Court's powers of revision

Part IX

Section 116: Inquiry as to truth of information

Section 117: Order to give security
Section 118: Discharge of person informed against
Section 119: Commencement of period for which security is required
Section 120: Provisions not applicable to High Court in original civil
jurisdiction

Part X: Rules

Section 121: Effect of rules in First Schedule

Section 122: Power of certain High Courts to make rules
Section 123: Constitution of Rule Committees in certain States
Section 124: Committee to report to High Court
 Section 125: Power of other High Courts to make rules
Section 126: Rules to be subject to approval
Section 127: Publication of rules
Section 128: Matters for which rules may provide
Section 129: Power of High Courts to make rules as to their original civil
procedure
Section 130: Powers of other High Court to make rules as to matters other
than procedure
Section 131: Publication of rules

Part XI: Miscellaneous

Section 132: Exemption of certain women from personal appearance

Section 133: Exemption of other persons
Section 134: Arrest other than in execution of decree
Section 135: Exemption from arrest under civil process
Section 135A: Exemption of members of legislative bodies from arrest and
detention under civil process
Section 136: Procedure where person to be arrested or property to be
attached is outside district
Section 137: Language of subordinate Courts
Section 138: Power of High Court to require evidence to be recorded in
English
Section 139: Oath on affidavit by whom to be administered
Section 140: Assessors in causes of salvage etc.
Section 141: Miscellaneous proceedings
Section 142: Orders and notices to be in writing
Section 143: Postage
Section 144: Application for restitution
Section 145: Enforcement of liability of surety
Section 146: Proceedings by or against representatives
Section 147: Consent or agreement by persons under disability
Section 148: Enlargement of time
Section 148A: Right to lodge a caveat
Section 149: Power to make up deficiency of court-fees
Section 150: Transfer of business
Section 151: Saving of inherent powers of Court
Section 152: Amendment of judgments, decrees or orders
 Section 153: General power to amend
Section 153A: Power to amend decree or order where appeal is summarily
dismissed
Section 153B: Place of trial to be deemed to be open Court
Section 154: Saving of present right of appeal
Section 155: Amendment of certain Acts
Section 156: Repeals
Section 157: Continuance of orders under repealed enactments
Section 158: Reference to Code of Civil Procedure and other repealed
enactments

Chapter XXIX: Appeals

Section 372: No appeal to lie, unless otherwise provided

Section 373: Appeal from orders requiring security or refusal to accept
orrejecting surety for keeping peace or good behaviour
Section 374: Appeals from convictions
Section 375: No Appeal in certain cases when accused pleads guilty

Order I

Rule 10 Order I: Court may strike out or add parties

Order II

Rule 1 Order II: Frame of suit

Rule 2 Order II: Suit to include the whole claim
Rule 3 Order II: Joinder of causes of action
Rule 4 Order II: Only certain claims to be joined for recovery of immovable
property
Rule 5 Order II: Claims by or against executor, administrator or heir
Rule 6 Order II: Power of Court to separate trials
Rule 7 Order II: Objections as to misjoinder

Order III

Rule 2 Order III

Order VI
 Rule 16 Order VI

Order VII

Rule 11 Order VII

Order XXI: Execution of Decrees and Orders

Rule 1 Order XXI: Modes of paying money under decree

Rule 26 Order XXI: When Court may stay execution
Rule 29 Order XXI: Stay of execution pending suit between decree-holder
and judgment-debtor
Rule 66 Order XXI: Proclamation of sales by public auction
Rule 84 Order XXI: Deposit of amount on auction sale
Rule 89 Order XXI
Rule 66 Order XXI: Resistance or objection to execution

Order XXII

Rule 3 Order XXII:

Rule 5 Order XXII:
Rule 9 Order XXII:

Order XLI Appeals

Rule 1 Order XLI of Code of Civil Procedure, 1908:Rule 1 Order XLI: Manner
of disposal
Rule 31 Order XLI of Code of Civil Procedure, 1908:Rule 31 Order XLI

Related Cases / Recent Cases / Case Law

Prantpak Machinery Ltd, New Delhi Vs Jay Kay Paper Congeters, New Delhi
AIR 1979 Dec. 217
I. Mahendra Kumar Nahar and Ors Vs E. Ravindran and Ors (2012) 1 MLJ
442

Related Acts

Code of Civil Procedure (Amendment) Act, 2002

Code of Civil Procedure (Amendment) Act, 1999
 Code of Criminal Procedure, 1973

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