CPC Section 1 - Short (1) This Act may be cited as the Code of Civil Procedure, 1908.

(2) It shall
title, commencment come into force on the first day of January, 1909.1[(3) It extends to the
and extent whole of India except.-(a) the State of Jammu and Kashmir;(b) the State
of Nagaland and the tribal areas.Provided that the State Government
concerned may, by notification in the Official Gazette, extend the
provisions of this Code or any of them to the whole or part of the State
of Nagaland or such tribal areas, as the case may be, with such
supplemental, incedental or consequential modifications as may be
specified in the notification.Explanation.- In this clause, "tribal areas"
means the territories which immediately before the 21st day of
January, 1972, were included in the tribal areas of Assam as referred to
in paragraph 20 of the Sixth Schedule to the Constitution.](4) In relation
to the Amindivi Islands, and the East Godavari, West Godavari and
Visakhapatnam Agencies in the State of Andhra Pradesh and the Union
territory of Lakshadweep, the application of this Code shall be without
prejudice to the application of any rule or regulation for the time being
in force in such Islands, Agencies or such Union territory, as the case
may be, relating to the application of this Code.1. Subs. by Act 104 of
1976, sec. 2, for sub-section (3) (w.e.f. 1-2-1977).

CPC Section 2 - In this Act, unless there is anything repugnant in the subject or
Definitions. context,-(1) "Code'' includes rules;(2) "decree" means the formal
expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with
regard to all or any of the matters in controversy in the suit and may be
either preliminary or final. It shall be deemed to include the rejection of
a plaint and the determination of any question within 1 [* * *] section
144, but shall not include-(a) any adjudication from which an appeal
lies as an appeal from an Order, or(b) any Order of dismissal for
default.Explanation - A decree is preliminary when further proceedings
have to be taken before the suit can be completely disposed of. It is
final when such adjudication completely disposes of the suit, it may be
partly preliminary and partly final;(3) "decree-holder" means any
person in whose favour a decree has been passed or an Order capable
of execution has been made;(4) "district" means the local limits of the
jurisdiction of a principal Civil Court of original jurisdiction (hereinafter
called a "District Court"), and includes the local limits of the ordinary
original civil jurisdiction of a High Court;3[(5) "foreign Court" means a
Court situate outside India and not established or continued by the
authority of the Central Government;](6) "foreign judgment" means the
judgment of a foreign Court;(7) "Government Pleader" includes any
officer appointed by the State Government to perform all or any of the
functions expressly imposed by this Code on the Government Pleader
and also any pleader acting under the directions of the Government
Pleader;4[(7A) "High Court" in relation to the Andaman and Nicobar
Islands, means the High Court in Calcutta;(7B) "India", except in
sections 1, 29, 43, 44, 5[44A], 78, 79, 82, 83 and 87A, means the
territory of India excluding the State of Jammu and Kashmir];(8) "Judge"
means the presiding officer of a Civil Court;(9) "judgment" means the
statement given by the judge on the grounds of a decree or Order;(10)
"judgment-debtor" means any person against whom a decree has been
passed or an Order capable of execution has been made;(11) "legal
representative" means a person who in law represents the estate of a
deceased person, and includes any person who intermeddles with the
estate of the deceased and where a party sues or is sued in a
representative character the person on whom the estate devolves on
the death of the party so suing or sued;(12) "means profits" of property
means those profits which the person in wrongful possession of such
property actually received or might with ordinary diligence have
received therefrom, together with interest on such profits, but shall not
include profits due to improvements made but the person in wrongful
possession;(13) "movable property" includes growing crops;(14)
"Order" means the formal expression of any decision of a Civil Court
which is not a decree;(15) "pleader" means any person entitled to
appear and plead for another in Court, and includes an advocate, a vakil
and an attorney of a High Court;(16) "prescribed" means prescribed by
rules :(17) "public officer" means a person falling under any of the
following descriptions, namely:-(a) every Judge;(b) every member of
2[an All-India Service];(c) every commissioned or gazetted officer in the
military, 6[naval or air forces] of 7[the Union] 8[***] while serving
under the Government.(d) every officer of a Court of Justice whose
duty it is, as such officer, to investigate or report on any matter of law
or fact, or to make, authenticate or keep any document, or to take
charge or dispose of any property, or to execute any judicial process, or
to administer any oath, or to interpret, or to preserve Order, in the
court, and every person especially authorized by a Court of Justice to
perform any of such duties:(e) every person who holds any office by
virtue of which he is empowered to place or keep any person in
confinement;(f) every officer of the Government whose duty it is, as
such officer, to prevent offences to give information of offences, to
bring offenders to justice, or to protect the public health, safety or
convenience;(g) every officer whose duty it is, as such officer, to take,
receive, keep or expend any property on behalf of the Government, or
to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to
report on, any matter affecting the pecuniary interests of the
Government, or to make, authenticate or keep any document relating
to the pecuniary interests of the Government, or to prevent the
infraction of any law for the protection of the pecuniary interests of the
Government; and(h) every officer in the service or pay of the
Government, or remunerated by fees or commission for the
performance of any public duty;(18) "rules" means rules and forms
contained in the First Schedule or made under section 122 or section
125;(19) "share in a corporation" shall be deemed to include stock,
debenture stock, debentures or bonds; and(20) "signed", save in the
case of a judgment or decree, includes stamped.9[***]1. The words
 and figures "Section 47 or" omitted by Act No. 104 of 1976 (w.e.f. 1-2-
1977)..2.Subs, by Act No. 104 of 1976 for "Indian Civil Service" (w.e.f. 1-
2-1977).3. Subs. by Act 2 of 1951, sec. 4, for clause (5) (w.e.f. 1-4-
1951).4. Ins. by Act 2 of 1951, sec. 4 (w.e.f. 1-4-1951).5. Ins. by Act 42 of
1953, sec. 4 and Sch. III (w.e.f. 23-12-1953).6. Subs. by Act 35 of 1934,
sec. 2 sch., for "or naval".7. Subs. by the A.O. 1950, for "His Majesty".8.
The words "including His Majesty's Indian Marine Service", omitted by
Act 35 of 1934, sec. 2.9. Clause (21) ins. by the A.O. 1950 and omitted
by Act 2 of 1951, sec. 4 (w.e.f. 1-4-1951).

CPC Section 3 - For the purposes of this Code, the District Court is subordinate to the
Subordination of High Court, and every Civil Court of a grade inferior to that of a District
Courts. Court and every Court of Small Causes is subordinate to the High Court
and District Court.

CPC Section 4 - Savings. (1) In the absence of any specific provision to the contrary, nothing in
this Code shall be deemed to limit or otherwise affect any special or
local law now in force or any special jurisdiction or power conferred, or
any special form of procedure prescribed, by or under any other law for
the time in force.(2) In particular and without prejudice to the
generality of the proposition contained in sub-section (1) nothing in this
Code shall be deemed to limit or otherwise affect any remedy which a
landholder or landlord may have under any law for the time being in
force for the recovery of rent of agricultural land from the produce of
such land.

CPC Section 5 - (1) Where any Revenue Courts are governed by the provisions of this
Application of the Code Code in those matters of procedure upon which any special enactment
to Revenue Courts applicable to them is silent, the State Government 1[***] may, by
notification in the Official Gazette, declare that any portions of those
provisions which are not expressly made applicable by this Code shall
not apply to those Courts, or shall only apply to them with such
modifications as the State Government 2[***] may prescribe.(2)
"Revenue Court" in sub-section (1) means a Court having jurisdiction
under any local law to entertain suits or other proceedings relating to
the rent, revenue or profits of land used for agricultural purposes, but
does not include a Civil Court having original jurisdiction under this
Code to try such suits or proceedings as being suits or proceedings of a
civil nature.1. The words "with the previous sanction of the G.G. in C",
omitted by Act 38 of 1920, sec. 2 and Sch. I.2. The words "with sanction
aforesaid" omitted by Act 38 of 1920, sec. 2 and Sch. I.

CPC Section 6 - Save in so far as is otherwise expressly provided, nothing herein

Pecuniary jurisdiction. contained shall operate to give any Court jurisdiction over suits the
amount or value of the subject-matter of which exceeds the pecuniary
limits (if any) of its ordinary jurisdiction.
CPC Section 7 - The following provisions shall not extend to Courts constituted under
Provincial Small Cause the Provincial Small Cause Courts Act, 1887 (9 of 1887), 1[or under the
Courts. Berar Small Cause Courts Laws, 1905], or to Courts exercising the
jurisdiction of a Court of Small Causes 2[under the said Act or Law],
3[or to Courts in] 4[any part of India to which the said Act does not
extend exercising a corresponding jurisdiction] that is to say,-(a) so
much of the body of the Code as relates to-(i) suits excepted from the
cognizance of a Court of Small Causes;(ii) the execution of decrees in
such suits;(iii) the execution of decrees against immovable property ;
and(b) the following sections, that is to say,-section 9, sections 91 and
92, sections 94 and 95 5[so far as they authorize or relate to-(i) Orders
for the attachment of immovable property;(ii) injunctions,(iii) the
appointment of a receiver of immovable property, or(iv) the
interlocutory Orders referred to in clause (e) of section 94],and sections
96 to 112 and 115.1. Ins. by Act 4 of 1941, sec. 2 and Sch. III.2. Subs. by
Act 4 of 1941, sec. 2 and Sch. III for "under that Act".3. Ins. by Act 2 of
1951, sec. 5 (w.e.f. 1-4-1951)4. Subs. by the Adaptation of Laws (no. 2)
Order, 1956, for "Part B States".5. Subs. by Act 1 of 1926, sec. 3, for "so
far as they relate to injunctions and interlocutory Orders".

CPC Section 8 - Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76
Presidency Small Cause 1[77,157 and 158], and by the Presidency Small Cause Courts Act, 1882,
Courts. (15 of 1882) the provisions in the body of this Code shall not extend to
any suit or proceedings in any Court of Small Causes established in the
towns of Calcutta, Madras and Bombay :2[Provided that -(1) the High
Courts of Judicature at Fort William Madras and Bombay, as the case
may be, may from time to time, by notifications in the Official Gazette,
direct that any such provisions not inconsistent with the express
provisions of the Presidency Small Cause Courts Act, 1882, (15 of 1882)
and with such modifications and adaptation as may be specified in the
notification, shall extend to suits or proceedings or any class of suits or
proceedings in such Court:(2) all rules heretofore made by any of the
said High Courts under section 9 of the Presidency Small Cause Courts
Act, 1882 (15 of 1882) shall be deemed to have been validly
made.]STATE AMENDMENTSGujarat- In section 8, in the opening para,
After the words "Calcutta, Madras and Bombay" insert the words "and
in the City of Ahmedabad".[Vide Gujarat Act No. 32 of 1961, sec. 21 and
Sch. (1-11-1961)].1. Subs, by Act No. 104 of 1976 for "77 and 155 to
158" (w.e.f. 1-2-1977).2. Added by Act 1 of 1914, sec. 2

CPC Section 9 - Courts The Courts shall (subject to the provisions herein contained) have
to try all civil suits jurisdiction to try all suits of a civil nature excepting suits of which their
unless barred. cognizance is either expressly or impliedly barred.1[Explanation I].- A
suit in which the right to property or to an office is contested is a suit of
a civil nature, notwithstanding that such right may depend entirely on
the decision of questions as to religious rites or
ceremonies.2[Explanation ll].- For the purposes of this section, it is
immaterial whether or not any fees are attached to the office referred
 to in Explanation I or whether or not such office is attached to a
particular place.].STATE AMENDMENTSMaharashtra- After section 9
insert the following section 9A."9A. Where at the hearing of application
relating to interim relief in a suit, objection to jurisdiction is taken such
issue to be decided by the court as a preliminary issue:-(1)
Notwithstanding anything contained in this code or any other law for
the time being in force, if at the hearing of any application for granting
or setting aside an Order granting any interim relief, whether by way of
stay, injunction, appointment of a receiver or otherwise, made in any
suit, on objection to jurisdiction of the court to entertain such suit is
taken by any of the parties to the suit the court shall proceed to
determine at the hearing of such application the issue as to the
jurisdiction as a preliminary issue before granting for setting aside the
Order granting the interim relief. Any such application shall be heard
and disposed of by the court as expeditiously as possible and shall not
in any case be adjourned to the hearing of the suit.(2) Notwithstanding
anything contained in sub-section (1), at the hearing of any such
application the court may grant such interim relief as it may consider
necessary, pending determination by it of the preliminary issue as to
the jurisdiction".[Vide Maharashtra Act No. 65 of 1977, sec. 3 (w.e.f. 19-
12-1977)].COMMENTS(i) The appropriate form for resolution of an
industrial dispute is the forum constituted under Industrial Disputes
Act, 1947. Jurisdiction of Civil Court is impliedly barred in such cases.
C.T. Nikam v. Municipal Corporation of Ahmedabad, AIR 2002 SC 997.(ii)
Telephone bill?Jurisdiction of Civil Court?The Civil Court has jurisdiction
to enforce the right of a subscriber under section 7B of the Telegraph
Act; Union of India v. Sasi S., AIR 1999 Ker 336.(iii) The application for
grant of interim relief would not be disposed of till decision on question
of jurisdiction although ad-interim relief can be granted in view of
provisions under section 9A(2); ICICI Ltd. v. Sri Durga Bansal Fertilizers
Ltd., AIR 1999 Bom 402.(iv) Under section 9 of the Code of Civil
Procedure, the jurisdiction of Civil Court with regard to a particular
matter can be said to be excluded if there is an express provision or by
implication it can be inferred that the jurisdiction is taken away; Union
of India v. Sasi S., AIR 1999 Ker 336.1. Explanation renumbered as
Explanation I thereof by Act No. 104 of 1976, Sec. 5 (w.e.f. 1-2-1977).2.
Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).[Vide Maharashtra Act No.
65 of 1977, sec. 3 (w.e.f. 19-12-1977)].

CPC Section 10 - Stay of No Court shall proceed with the trial of any suit in which the matter in
suit. issue is also directly and substantially in issue in a previously instituted
suit between the same parties, or between parties under whom they or
any of them claim litigating under the same title where such suit is
pending in the same or any other Court in 1[India] having jurisdiction to
grant the relief claimed, or in any Court beyond the limits of 1[India]
established or continued by 2[the Central Government] 3[***] and
having like jurisdiction, or before 4[the Supreme Court].Explanation-
The pendency of a suit in a foreign Court does not preclude the Courts
 in 1[India] from trying a suit founded on the same cause of
action.COMMENTS(i) The language of section 10 suggests that it is
referable to a suit instituted in the civil court and it cannot apply to
proceedings of other nature instituted under any other statute;
National Institute of Mental Health and Neuro-Sciences v. C.
Parmeshwara, AIR 2005 SC 242.(ii) Two suits?Between same
parties?Involving same subject?matter and same questions?Held,
subsequent suit should be stayed; Radhika Konel Parekh v. Konel
Parekh, AIR 1993 Mad 90: (1993) LW 159: (1993) 1 Mad LJ 163.1. Subs.
by Act 2 of 1951, sec. 3, for "the States" (w.e.f. 1-4-1951)2. Subs. by
A.O. 1937, for "the G.G. in C."3. The words "or the Crown
Representative" omitted by the A.O. 1948.4. Subs. by the A.O. 1950, for
"His Majesty in Council".

CPC Section 11 - Res No Court shall try any suit or issue in which the matter directly and
judicata. substantially in issue has been directly and substantially in issue in a
former suit between the same parties, or between parties under whom
they or any of them claim, litigating under the same title, in a Court
competent to try such subsequent suit or the suit in which such issue
has been subsequently raised, and has been heard and finally decided
by such Court.Explanation I- The expression "former suit" shall denote a
suit which has been decided prior to the suit in question whether or
not it was instituted prior thereto.Explanation II.- For the purposes of
this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision
of such Court.Explanation III.- The matter above referred to must in the
former suit have been alleged by one party and either denied or
admitted, expressly or impliedly, by the other.Explanation IV.- Any
matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter
directly and substantially in issue in such suit.Explanation V.- Any relief
claimed in the plaint, which is not expressly granted by the decree,
shall, for the purposes of this section, be deemed to have been
refused.Explanation VI- Where persons litigate bona fide in respect of
public right or of a private right claimed in common for themselves and
others, all persons interested in such right shall, for the purposes of this
section, be deemed to claim under the persons so
litigating.[Explanation VII.- The provisions of this section shall apply to a
proceeding for the execution of a decree and reference in this section
to any suit, issue or former suit shall be construed as references,
respectively, to proceedings for the execution of the decree, question
arising in such proceeding and a former proceeding for the execution of
that decree.Explanation VIII.-An issue heard and finally decided by a
Court of limited jurisdiction, competent to decide such issue, shall
operate as res judicata in as subsequent suit, notwithstanding that such
Court of limited jurisdiction was not competent to try such subsequent
suit or the suit in which such issue has been subsequently
raised.]COMMENTS(i) The principle of res judicata is a procedural
 provision. A jurisdictional question if wrongly decided would not attract
the principles of res judicata. When an Order is passed without
jurisdiction, the same becomes a nullity. When an Order is a nullity, it
cannot be supported by invoking procedural principle; Management of
Sonepat Co-op. Sugar Mills Ltd. v. Ajit Singh, AIR 2005 SC 1050.(ii) There
is a distinction between issue estoppel and res judicata. Res judicata
debars a court from exercising its jurisdiction to determine the lis if it
has attained finality whereas the doctrine of issue estoppel is invoked
against the party. If such issue is decided against him, he would be
estopped from raising the same in the latter proceedings. The doctrine
of res judicata creats a different kind of estoppel viz. estoppel by
Accord; Bhanu Kumar Jain v. Archana Kumar, AIR 2005 SC 626.(iii) First
writ petition filed on the ground of apprehended bias and subsequent
second petition was filed on allegations of actual bias, is not barred by
res judicata; G.N. Nayak v. Goa University, AIR 2002 SC 790.(iv) Section
11 of the Code of Civil Procedure has no doubt some technical aspects
for instance the rule of constructive res judicata may be said to be
technical but the basis of which the said rule rests is founded on the
consideration of public policy; Sumer Mal v. State of Rajasthan, AIR
2000 Raj 1.(v) The technical principle of res judicata would not be
operative more so, if substantial change in circumstances is averred and
found prima facie justified; Smt. Rehana Parveen v. Naimuddin, AIR
2000 MP 1.(vi) Assuming, the cause of action in both the suits was
based upon title in the suit land and was akin in all the cases, yet, as
referred to above, in as much the earlier two suits were dismissed as
withdrawn with permission to file fresh on the same cause of action,
third suit will not be barred by any principle of law; Harbhagwan v. Smt.
Punni Devi, AIR 1999 P&H 223.(vii) Where the Sangh has been duly
represented in the previous court proceedings and were litigating bona
fidely which resulted in failure cannot be allowed to lay any objection in
execution or to plead nullity of decree hence doctrine of res judicata
applies. The decree of ejectment will bind every member of Sangh;
Singhai Lal Chand Jain v. Rashtriya Swayam Sewak Sangh, Panna, JT
1996(3) SC 64.1. Ins. by Act No. 104 of 1976, sec. 6 (w.e.f. 1-2-1977).

CPC Section 12 - Bar to Where a plaintiff is precluded by rules from instituting a further suit in
further suit. respect of any particular cause of action, he shall not be entitled to
institute a suit in respect of such cause of action in any Court to which
this Code applies.

CPC Section 13 - When A foreign judgment shall be conclusive as to any matter thereby directly
foreign judgment not adjudicated upon between the same parties or between parties under
conclusive. whom they or any of them claim litigating under the same title except-
(a) where it has not been pronounced by a Court of competent
jurisdiction;(b) where it has not been given on the merits of the case;(c)
where it appears on the face of the proceedings to be founded on an
incorrect view of international law or a refusal to recognise the law
of1[India] in cases in which such law is applicable;(d) where the
 proceedings in which the judgment was obtained are opposed to
natural justice;(e) where it has been obtained by fraud;(f) where it
sustains a claim founded on a breach of any law in force in 1[India].1.
Subs. by Act 2 of 1951, sec. 3, for "the States" (w.e.f. 1-4-1951)

CPC Section 14 - The Court shall presume upon the production of any document
Presumption as to purporting to be a certified copy of a foreign judgment that such
foreign judgments. judgment was pronounced by a Court of competent jurisdiction, unless
the contrary appears on the record; but such presumption may be
displaced by proving want of jurisdiction.

CPC Section 15 - Court Every suit shall be instituted in the Court of the lowest grade
in which suits to be competent to try it.
instituted.

CPC Section 16 - Suits to Subject to the pecuniary or other limitations prescribed by any law,
be instituted where suits-(a) for the recovery of immovable property with or without rent or
subject-matter situate. profits,(b) for the partition of immovable property,(c) for foreclosure,
sale or redemption in the case of a mortgage of or charge upon
immovable property,(d) for the determination of any other right to or
interest in immovable property,(e) for compensation for wrong to
immovable property,(f) for the recovery of movable property actually
under distraint or attachment, shall be instituted in the Court within the
local limits of whose jurisdiction the property is situate :Provided that a
suit to obtain relief respecting, or compensation for wrong to,
immovable property held by or on behalf of the defendant, may where
the relief sought can be entirely obtained through his personal
obedience be instituted either in the Court within the local limits of
whose jurisdiction the property is situate, or in the Court within the
local limits of whose jurisdiction the defendant actually and voluntarily
resides, or carries on business, or personally works for
gain.Explanation.- In this section "property" means property situate in
1[India].COMMENTSWhere the property mortgaged as collateral
security for loan advanced to defandant by a bank situated at place ?J?
then the suit for foreclosure by the bank can only be instituted before
Civil Court at place ?J?; Central Bank of India v. Eleena Fasteners (P)
Ltd., AIR 1999 HP 104.1. Subs. by Act 2 of 1951, sec. 3, for "the States"
(w.e.f. 1-4-1951).

CPC Section 17 - Suits Where a suit is to obtain relief respecting, or compensation for wrong
for immovable property to, immovable property situate within the jurisdiction of different
situate within Court, the suit may be instituted in any Court within the local limits of
jurisdiction of different whose jurisdiction any portion of the property is situate :Provided that,
Courts. in respect of the value of the subject matter of the suit, the entire claim
is cognizable by such Court.

CPC Section 18 - Place (1) Where it is alleged to be uncertain within the local limits of the
of institution of suit jurisdiction of which of two or more Courts any immovable property is
where local limits of situate, any one of those Courts may, if satisfied that there is ground for
the alleged uncertainty, record a statement to that effect and
jurisdiction of Courts thereupon proceed to entertain and dispose of any suit relating to that
are uncertain. property, and its decree in the suit shall have the same effect as if the
property were situate within the local limits of its jurisdiction :Provided
that the suit is one with respect to which the Court is competent as
regards the nature and value of the suit to exercise jurisdiction.(2)
Where a statement has not been recorded under sub-section (1), and
objection is taken before an Appellate or Revisional Court that a decree
or Order in a suit relating to such property was made by a Court not
having jurisdiction where the property is situate, the Appellate or
Revisional Court shall not allow the objection unless in its opinion there
was, at the time of the institution of the suit, no reasonable ground for
uncertainty as to the Court having jurisdiction with respect thereto and
there has been a consequent failure of justice.

CPC Section 19 - Suits Where a suit is for compensation for wrong done to the person or to
for compensation for movable property, if the wrong was done within the local limits of the
wrongs to person or jurisdiction of one Court and the defendant resides, or carries on
movables. business, or personally works for gain, within the local limits of the
jurisdiction of another Court, the suit may be instituted at the option of
the plaintiff in either of the said Courts.Illustrations(a) A, residing in
Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.(b)
A, residing in Delhi, publishes in Calcutta statements defamatory of B. B
may sue A either in Calcutta or in Delhi.Illustrations

CPC Section 20 - Other Subject to the limitations aforesaid, every suit shall be instituted in
suits to be instituted Court within the local limits of whose jurisdiction-(a) the defendant, or
where defendants each of the defendants where there are more than one, at the time of
reside or cause of the commencement of the suit, actually and voluntarily resides, or
action arises. carries on business, or personally works for gain; or(b) any of the
defendants, where there are more than one, at the time of the
commencement of the suit actually and voluntarily resides, or carries
on business, or personally works for gain, provided that in such case
either the leave of the Court is given, or the defendants who do not
reside, or carry on business, or personally work for gain, as aforesaid,
acquiesce in such institution; or(c) the cause of action, wholly or in
part, arises.1[* * *]2[Explanation].-A corporation shall be deemed to
carry on business at its sole or principal office in 3[India] or, in respect
of any cause of action arising at any place where it has also a
subordinate office, at such place.Illustrations(a) A is a tradesman in
Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys
goods of A and requests A to deliver them to the East Indian Railway
Company. A delivers the goods accordingly in Calcutta. A may sue B for
the price of the goods either in Calcutta, where the cause of action has
arisen or in Delhi, where B carries on business.(b) A resides at Simla, B
at Calcutta and C at Delhi A, B and C being together at Benaras, B and C
make a joint promissory note payable on demand, and deliver it to A. A
may sue B and C at Benaras, where the cause of action arose. He may
also sue them at Calcutta, where B resides, or at Delhi, where C resides;
 but in each of these cases, if the non-resident defendant object, the
suit cannot proceed without the leave of the Court.COMMENTS(i) Facts
pleaded which have no bearing with the lis or the dispute involved in
the case, do not give rise to a cause of action so as to confer territorial
jurisdiction on the Court concerned. For that fact pleaded must have
relevance to the lis/dispute; Union of India v. Adani Exports Ltd., AIR
2002 SC 126.(ii) Where the agreement stated that jurisdiction regarding
all disputes is at Delhi where the agreement has been signed and
executed while the agreement by parties was not signed at Delhi but at
some other place, then the agreement cannot be said to be conferring
exclusive jurisdiction to Civil Court at Delhi. Party can file a suit under
section 20(c) at place where cause of action wholly or partly arose;
Jabalpur Cable Network Pvt. Ltd. v. E.S.P.N. Software India Pvt. Ltd., AIR
1999 MP 271.(iii) Where the agreement was an agreement for sale of
movable property then sections 16 and 19 would not govern the cause
of action in such case but section 20 of the Code would be attracted for
determining jurisdiction of Court; Jabalpur Cable Network Pvt. Ltd. v.
E.S.P.N. Software India Pvt. Ltd., AIR 1999 MP 271.1. Explanation I
omitted by Act No. 104 of 1976, sec. 7 (w.e.f. 1-2-1977).2. Subs, by Act
No. 104 of 1976, sec. 7, for "Explanation II" (w.e.f. 1-2-1977).3. Subs. by
Act 2 of 1951, sec. 3, for "the States" (w.e.f. 1-4-1951)

CPC Section 21 - 1[(1)] No objection as to the place of suing shall be allowed by any
Objections to appellate or Revisional Court unless such objection was taken in the
jurisdiction. Court of first instance at the earliest possible opportunity and in all
cases where issues or settled at or before such settlement, and unless
there has been a consequent failure of justice.2[(2) No objection as to
the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless
such objection was taken in the Court of first instance at the earliest
possible opportunity, and in all cases where issues are settled, at or
before such settlement, and unless there has been a consequent failure
of justice.(3) No objection as to the competence of the executing Court
with reference to the local limits of its jurisdiction shall be allowed by
any Appellate or Revisional Court unless such objection was taken in
the executing Court at the earliest possible opportunity, and unless
there has been a consequent failure of justice.]COMMENTSThere is no
intermediary stage for raising an objection to jurisdiction except filing
of written statement and taking that plea unless the matter is covered
by section 9A of the Code; B.S.I. Ltd. v. M.V. ?CRISTIAN-C, AIR 1999 Bom
320.1. Section 21 renumbered as sub-section (1) thereof by Act No. 104
of 1976, sec. 8 (w.e.f 1-2-1977).2. Ins. by Act No. 104 of 1976, sec. 8
(w.e.f. 1-2-1977).

CPC Section 21A - Bar 1[No suit shall lie challenging the validity of a decree passed in a former
on suit to set aside suit between the same parties, or between the parties under whom
decree on objection as they or any of them claim, litigating under the same title, on any
to place of suing. ground based on an objection as to the place of suing.Explanation.-The
 expression "former suit" means a suit which has been decided prior to
the decision in the suit in which the validity of the decree is questioned,
whether or not the previously decided suit was instituted prior to the
suit in which the validity of such decree is questioned ].1. Ins. by Act
No. 104 of 1976, sec. 9 (w.e.f. 1-2-1977).

CPC Section 22 - Power Where a suit may be instituted in any one of two or more Courts and is
to transfer suits which instituted in one of such Courts, any defendant, after notice to the
may be instituted in other parties, may, at the earliest possible opportunity and in all cases
more than one Court. where issues are settled at or before such settlement, apply to have the
suit transferred to another Court, and the Court to which such
application is made, after considering the objections of the other
parties (if any), shall determine in which of the several Courts having
jurisdiction the suit shall proceed.COMMENTS(i) Transfer application
with allegations against the P.O. Report from P.O. may be called only
with regard to the allegations contained in the transfer application;
Pushpa Devi Saraf v. Jai Narain Parasrampuria, AIR 1992 SC 1133.(ii)
Both husband and wife initiating separate proceeding at different
places. Both the proceedings triable by the same court. Husband?s case
to be transferred to the place where wife?s case is pending; Ms.
Shakuntala Modi v. Om Prakash Bharoka, AIR 1991 SC 1104.

CPC Section 23 - To (1) Where the several Courts having jurisdiction are subordinate to the
what Court application same Appellate Court, an application under section 22 shall be made to
lies. the Appellate Court.(2) Where such Courts are subordinate to different
Appellate Courts but to the same High Court, the application shall be
made to the said High Court.(3) Where such Courts are subordinate to
different High Courts, the application shall be made the High Court
within the local limits of whose jurisdiction the Court in which the suit
is brought is situate.

CPC Section 24 - (1) On the application of any of the parties and after notice to the
General power of parties and after hearing such of them as desired to be heard, or of its
transfer and own motion without such notice, the High Court or the District Court
withdrawal. may at any stage-(a) transfer any suit, appeal or other proceeding
pending before it for trial or disposal to any Court subordinate to it and
competent to try or dispose of the same, or(b) withdraw any suit,
appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or(ii) transfer the same for trial or
disposal to any Court subordinate to it and competent to try or dispose
of the same; or(iii) retransfer the same for trial or disposal to the Court
from which it was withdrawn.(2) Where any suit or proceeding has
been transferred or withdrawn under sub-section (1), the Court which
1[is thereafter to try or dispose of such suit or proceeding] may, subject
to any special directions in the case of any Order of transfer, either retry
it or proceed from the point at which it was transferred or
withdrawn.2[(3) For the purposes of this section,-(a) Courts of
Additional and Assistant Judges shall be deemed to be subordinate to
the District Court;(b) "proceeding" includes a proceeding for the
 execution of a decree or Order.](4) the Court trying any suit transferred
or withdrawn under this section from a Court of Small Causes shall, for
the purposes of such suit, bedeemed to be a Court of Small
Causes.3[(5) A suit or proceeding may be transferred under this section
from aCourt which has no jurisdiction to try it.]1. Subs, by Act No. 104
of 1976, sec. 10 for "thereafter tries such suit" (w.e.f. 1-2-1977).2. Subs,
by Act No. 104 of 1976, sec. 10 for sub-section (3) (w.e.f. 1-2-1977).3.
Ins. by Act No. 104 of 1976, sec. 10 (w.e.f. 1-2-1977).

CPC Section 25 - Power 1[(1) On the application of a party, and after notice to the parties, and
of Supreme Court to after hearing such of them as desire to be heard, the Supreme Court
transfer suits, etc. may, at any stage, if satisfied that an Order under this section is
expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one
State to a High Court or other Civil Court in any other State.(2) Every
application under this section shall be made by a motion which shall be
supported by an affidavit.(3) The Court to which such suit, appeal or
other proceeding is transferred shall, subject to any special directions in
the Order of transfer, either retry it or proceed from the stage at which
it was transferred to it.(4) In dismissing any application under this
section, the Supreme Court may, if it is of opinion that the application
was frivolous or vexatious, Order the applicant to pay by way of
compensation to any person who has opposed the application such
sum, not exceeding two thousand rupees, as it considers appropriate in
the circumstances of the case.(5) The law applicable to any suit, appeal
or other proceeding transferred under this section shall be the law
which the Court in which the suit, appeal or other proceeding was
originally instituted ought to have applied to such suit, appeal or
proceeding.]COMMENTS(i) In transfer of suits, appeals or other
proceedings paramount consideration is that justice according to law is
done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC
113.(ii) No case can be transferred to another court unless first Court is
biased or some reasonable grounds exist; Gujarat Electricity Board v.
Atmaram Sungomal Poshani, (1989) SCJ 180.1. Subs. by Act No. 104 of
1976, sec. 11 for s. 25 (w.e.f. 1-2-1977).

CPC Section 26 - 1[(1)] Every suit shall be instituted by the presentation of a plaint or in
Institution of suits. such other manner as may be prescribed.2[(2) In every plaint, facts
shall be proved by affidavit.]1. Section 26 renumberd as sub-section
26(1) thereof by Act No. 46 of 1999, section 2 (w.e.f. 1-7-2002).2. Ins.
by Act No. 46 of 1999, section 2 (w.e.f. 1-7-2002).

CPC Section 27 - Where a suit has been duly instituted, a summons may be issued to the
Summons to defendant to appear and answer the claim and may be served in
defendants. manner prescribed 1[on such day not beyond thirty days from date of
the institution of the suit].1. Added by Act No. 46 of 1999, section 3
(w.e.f. 1-7-2002).
CPC Section 28 - Service (1) A summons may be sent for service in another State to such Court
of summons where and in such manner as may be prescribed by rules in force in that
defendant resides in State.(2) The Court to which such summons is sent shall, upon receipt
another State. thereof, proceed as if it had been issued by such Court and shall then
return the summons to the Court of issue together with the record (if
any) of its proceedings with regard thereto.1[(3) Where the language of
the summons sent for service in another State is different from the
language of the record referred to in sub-section (2), a translation of
the record,-(a) in Hindi, where the language of the Court issuing the
summons is Hindi, or(b) in Hindi or English where the language of such
record is other than Hindi or English,shall also be sent together with the
record sent under that sub-section].1. Ins. by Act No. 104 of 1976, sec.
12 (w.e.f. 1-5-1977).

CPC Section 29 - Service 1[Service of foreign summonses.Summons and other processes issued
of foreign summonses. by-(a) any Civil or Revenue Court established in any part of India to
which the provisions of this Code do not extent, or(b) any Civil or
Revenue Court established or continued by the authority of the Central
Government outside India, or(c) any other Civil or Revenue Court
outside India to which the Central Government has, by notification in
the Official Gazette, declared the provisions of this section to apply
,,may be sent to the Courts in the territories to which this Code
extends, and served as if they were summonses issued by such
Courts.]1. Subs. by Act 2 of 1951, sec. 6, for section 29 (w.e.f. 1-4-
1951).* The Central Government has declared that the provisions of
this section shall apply to all Civil Courts in Mongolia, vide G.S.R. 622(E),
dated 1st October, 2005. The Central Government has declared that the
provisions of this Act shall apply to all Civil Courts in the Kingdom of
Bahrain, vide G.S.R. 644(E), dated 22nd October, 2005.

CPC Section 30 - Power Subject to such conditions and limitations as may be prescribed, the
to Order discovery and Court may, at any time, either of its own motion or on the application
the like. of any party,-(a) make such Orders as may be necessary or reasonable
in all matters relating to the delivery and answering of interrogatories,
the admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material
objects producible as evidence;(b) issue summonses to persons whose
attendance is required either to give evidence or to produce documents
or such other objects as aforesaid;(c) Order any fact to be proved by
affidavit.

CPC Section 31 - The provisions in sections 27, 28 and 29 shall apply to summonses to
Summons to witness. give evidence or to produce documents or other material objects.

CPC Section 32 - Penalty The Court may compel the attendance of any person to whom a
for default summons has been issued under section 30 and for that purpose may-
(a) issue a warrant for his arrest;(b) attach and sell his property;(c)
impose a fine upon him 1[not exceeding five thousand rupees];(d)
Order him to furnish security for his appearance and in default commit
 him to the civil prison.1. Substituted by Act No. 46 of 1999, section 4
(w.e.f. 1 -7-2002) for "not exceeding five hundred rupees".

CPC Section 33 - The Court, after the case has been heard, shall pronounce judgment,
Judgment and decree. and on such judgment a decree shall follow

CPC Section 34 - (1) Where and in so far as a decree is for the payment of money, the
Interest Court may, in the decree, Order interest at such rate as the Court
deems reasonable to be paid on the principal sum adjudged, from the
date of the suit to the date of the decree, in addition to any interest
adjudged on such principal sum for any period prior to the institution of
the suit, 2[with further interest at such rate not exceeding six per cent,
per annum as the Court deems reasonable on such principal sum from]
the date of the decree to the date of payment, or to such earlier date as
the Court thinks fit:1[Provided that where the liability in relation to the
sum so adjudged had arisen out of a commercial transaction, the rate
of such further interest may exceed six per cent, per annum, but shall
not exceed the contractual rate of interest or where there is no
contractual rate, the rate at which moneys are lent or advanced by
nationalised banks in relation to commercial transactions.Explanation I.-
In this sub-section, "nationalised bank" means a corresponding new
bank as defined in the Banking Companies (Acquisition and Transfer of
Undertakings) Act 1970 (5 of 1970).Explanation II.-For the purposes of
this section, a transaction is a commercial transaction, if it is connected
with the industry, trade or business of the party incurring the
liability.](2) Where such a decree is silent with respect to the payment
of further interest 3[on such principal sum] from the date of the decree
to the date of payment or other earlier date, the Court shall be deemed
to have refused such interest, and a separate suit therefore shall not
lie.COMMENTS(i) General provision of section 34 would authorise the
Redressal Fora and Commissions to also grant interest appropriately
under the circumstances of each case; Sovintorg (India) Ltd. v. State
Bank of India, AIR 1999 SC 2963.(ii) The claimants have been allowed
interest on the decretal amount from the date of the decree though the
amount of compensation was quantified only from the date of the
passing of the decree. In such circumstances the direction of the
Division Bench in the matter of award of interest is also not liable to be
interfered; Municipal Corporation of Delhi v. Sushila Devi, AIR 1999 SC
1929.1. Added by Act No. 104 of 1976, sec. 13 (w.e.f. 1-7-1977).2. Subs.
by Act 66 of 1956, sec. 2, for certain words (w.e.f. 1-1-1957)3. Subs. by
Act 66 of 1956, sec. 2, for "on such aggregate sum as aforesaid" (w.e.f.
1-1-1957)
CPC Section 35 - Costs. (1) Subject to such conditions and limitations as may be prescribed, and
to the provisions of law for the time being in force, the costs of and
incident to all suits shall be in the discretion of the Court, and the Court
shall have full power to determine by whom or out of what property
and to what extent such costs are to be paid, and to give all necessary
directions for the purposes aforesaid. The fact that the Court has no
jurisdiction to try the suit shall be no bar to the exercise of such
powers.(2) Where the Court directs that any costs shall not follow the
event, the Court shall state its reasons in writing.1[***]COMMENTS(i)
Employer committed default in not remitting premium from salary of an
employee to LIC, Employer was directed to pay cost of proceedings to
heirs of employee; Delhi Electric Supply Undertaking v. Basanti Devi,
AIR 2000 SC 43.(ii) It is necessary to discourage people from bringing
petitions which are motivated by mere personal interests in the name
of public interest, for which they have no locus standi. To prevent and
penalise such abuse of the process of the Court in the garb of public
interest, the Court invoked this section and imposed a cost of Rs.
10,000 on the petitioners; Prayag Vyapar Mandal v. State of Uttar
Pradesh, AIR 1997 All 1.1. Sub-section (3) omitted by Act 66 of 1956,
sec. 3 (w.e.f. 1-1-1957)

CPC Section 35A - 1[Compensatory costs in respect of false or vexatious claims or

Compensatory costs in defenses.(1) If any suit or other proceedings 2[including an execution
respect of false or proceedings but 3[excluding an appeal or a revision]] any party objects
vexatious claims or to the claim of defence on the ground that the claim or defence or any
defenses. part of it is, as against the objector, false or vexatious to the knowledge
of the party by whom it has been put forward, and if thereafter, as
against the objector, such claim or defence is disallowed, abandoned or
withdrawn in whole or in part, the Court, 4[if it so thinks fit] may, after
recording its reasons for holding such claim or defence to be false or
vexatious, make an Order for the payment the object or by the party by
whom such claim or defence has been put forward, of cost by way of
compensation.(2) No Court shall make any such Order for the payment
of an amount exceeding 5[three thousand rupees] or exceeding the
limits of it pecuniary jurisdiction, whichever amount is less:Provided
that where the pecuniary limits of the jurisdiction of any Court
exercising the jurisdiction of a Court of Small Causes under the
Provincial Small Cause Courts Act, 1887 (9 of 1887) 6[or under a
corresponding law in force in 7[any part of India to which the said Act
does not extend]] and not being a Court constituted 8[under such Act
or law], are less than two hundred and fifty rupees, the High Court may
empower such Court to award as costs under this section any amount
not exceeding two hundred and fifty rupees and not exceeding those
limits by more than one hundred rupees:Provided, further, that the
High Court may limit the amount or class of Courts is empowered to
award as costs under this Section.(3) No person against whom an Order
has been made under this section shall, by reason thereof, be
exempted from any criminal liability in respect of any claim or defence
 made by him.(4) The amount of any compensation awarded under this
section in respect of a false or vexatious claim or defence shall be taken
into account in any subsequent suit for damages or compensation in
respect of such claim or defence.]STATE AMENDMENTSUttar Pradesh-(i)
For sub-section (1) of section 35 A substitute the following."(1) If any
suit or other proceedings including proceedings in execution, but not
being an appeal or revision, the court finds that the claim or defence or
any part thereof is false or vexatious to the knowledge of the party by
whom it has been put forward and if such claim or defence or such part
is disallowed, abandoned or withdrawn in whole or in part, the court
may, after recording its reasons for holding such claim or defence to be
false or vexatious, make an Order for the payment to the successful
party or costs by way of compensation irrespective of the decisions on
other issues in the case".[Vide U.P. Act No. 24 of 1954, sec. 2 Sch., Item
5, Entry 1 (w.e.f. 30-11-1954)].(ii) After sub-section (1) insert the
following sub-section, namely:-."(1-A) The provisions of sub-section (1)
shall mutatis mutandis apply to an appeal where the appellate Court
confirms the decision of the trial court and the trial court has not
awarded or insufficient, compensatory cost under that sub-
section.[Vide U.P. Act No. 57 of 1976, sec. 2 (w.e.f. 1-1-1977)].1. Section
35A was ins. by Act 9 of 1922, sec. 2, which, under section 1(2) thereof
may be brought into force in any State by the State Government on any
specified date. It has been so brought into force in Bombay, Bengal,
U.P., Punjab, Bihar, C.P., Assam, Orissa and Tamil Nadu.2. Subs. by Act
66 of 1956, sec. 4, for "not being an appeal" (w.e.f. 1-1-1957).3. Subs,
by Act No. 104 of 1976, sec. 14, for "excluding an appeal" (w.e.f. 1-2-
1977).4. Subs. by Act 66 of 1956, sec. 4 for certain words (w.e.f. 1-1-
1957).5. Subs. by Act No. 104 of 1976, sec. 14 for "one thousand
rupees" (w.e.f. 1-2-1977).6. Ins. by Act 2 of 1951, sec. 7 (w.e.f. 1-4-
1951).7. Subs. by the Adoptation of Laws (No. 2) Order, 1956, for "a
Part B State".8. Ins. by Act 2 of 1951, sec. 7, for "under that Act" (w.e.f.
1-4-1951).

CPC Section 35B - Costs 1[(1) If, on any date fixed for the hearing of a suit or for taking any step
for causing delay. therein, a party to the suit-(a) fails to take the step which he was
required by or under this Code to take on that date, or(b) obtains an
adjournment for taking such step or for producing evidence or on any
other ground,the Court may, for reasons to be recorded, make an Order
requiring such party to pay to the other party such costs as would, in
the opinion of the Court, be reasonably sufficient to reimburse the
other party in respect of the expenses incurred by him in attending the
Court on that date, and payment of such costs, on the date next
following the date of such Order, shall be a condition precedent to the
further prosecution of-(a) the suit by the plaintiff, where the plaintiff
was Ordered to pay such costs.(b) the defence by the defendant, where
the defendant was Ordered to pay such costs.Explanation.-Where
separate defences have been raised by the defendants or groups of
defendants, payment of such costs shall be a condition precedent to
 the further prosecution of the defence by such defendants or groups of
defendants as have been Ordered by the Court to pay such costs.(2)
The costs, Ordered to be paid under sub-section (1) shall not, if paid, be
included in the costs awarded in the decree passed in the suit; but, if
such costs are not paid, a separate Order shall be drawn up indicating
the amount of such costs and the names and addresses of the persons
by whom such costs are payable and the Order so drawn up shall be
executable against such persons.]1. Ins. by Act No. 104 of 1976, sec. 15
(w.e.f. 1-2-1977).

CPC Section 36 - 1[The provisions of this Code relating to the execution of decree
Application to Orders (including provisions relating to payment under a decree) shall, so far as
they are applicable, be deemed to apply to the execution of Orders
(including payment an Order).]1. Subs, by Act No. 104 of 1976, sec. 16
for s. 36 (w.e.f. 1-2-1977).

CPC Section 37 - The expression "Court which passed a decree", or words to that effect,
Definition of Court shall, in relation to the execution of decrees, unless there is anything
which passed a decree. repugnant in the subject or context, be deemed to include,-(a) where
the decree to be executed has been passed in the exercise of appellate
jurisdiction, the Court of first instance, and(b) where the Court of first
instance has ceased to exist or to have jurisdiction to execute it, the
Court which, if the suit wherein the decree was passed was instituted at
the time of making the application for the execution of the decree,
would have jurisdiction to try such suit.1[Explanation.-The Court of first
instance does not cease to have jurisdiction to execute a decree merely
on the ground that after the institution of the suit wherein the decree
was passed or after the passing of the decree, any area has been
transferred from the jurisdiction of that Court to the jurisdiction of any
other Court; but in every such case, such other Court shall also have
jurisdiction to execute the decree, if at the time of making the
application for execution of the decree it would have jurisdiction to try
the said suit.]1. Sub-section (3) omitted by Act 66 of 1956, sec. 3 (w.e.f.
1-1-1957)

CPC Section 38 - Court A decree may be executed either by the court which passed it, or by the
by which decree may be Court to which it is sent for execution.COMMENTS(i) Retransfer of
executed. execution proceedings at the instance of the judgment debtors do not
preclude the decree?holders from initiating fresh execution
proceedings against other judgement debtors at original court; Om
Prakash v. M/s. Hargovind Raj Kumar, AIR 1993 Raj 68.(ii) Injunction
decree is not enforceable. However, it can be enforced by seeking
police aid on necessary directions from the Court; Matha Gavarayya v.
District Collector, E.G. Distt., AIR 1993 AP 103.
CPC Section 39 - (1) The Court which passed a decree may, on the application of the
Transfer of decree. decree-holder, send it for execution to another Court 1[of competent
jurisdiction],-(a) if the person against whom the decree is passed
actually and voluntarily resides or carries on business, or personally
works for gain, within the local limits of the jurisdiction of such other
Court, or(b) if such person has not property within the local limits of
the jurisdiction of the Court which passed the decree sufficient to
satisfy such decree and has property within the local limits of the
jurisdiction of such other Court, or(c) if the decree directs the sale or
delivery of immovable property situate outside the local limits of the
jurisdiction of the Court which passed it, or(d) if the Court which passed
the decree considers for any other reason, which it shall record in
writing, that the decree should be executed by such other Court.(2) The
Court which passed the decree may of its own motion send it for
execution to any subordinate Court of competent jurisdiction.1[(3) For
the purposes of this section, a Court shall be deemed to be a Court of
competent jurisdiction if, at the time of making the application for the
transfer of decree to it, such Court would have jurisdiction to try the
suit in which such decree was passed.]2[(4) Nothing in this section shall
be deemed to authorise the Court which passed a decree to execute
such decree against any person or property outside the local limits of
its jurisdiction.]STATE AMENDMENTSUttar Pradesh-Sub-section (3) of
section 39 shall be substituted."(3) For the purpose of this section, a
court shall be deemed to be a court of competent jurisdiction if the
amount or value of the subject matter of the suit wherein the decree
was passed does not exceed the pecuniary limits if any of its ordinary
jurisdiction at the time of making the application for the transfer of
decree to it, notwithstanding that it had otherwise no jurisdiction to try
the suit". [Vide U.P. Act No. 31 of 1978, sec. 2 (w.e.f. 1-8-1978)].1. Ins.
by Act No. 104 of 1976, S. 18 (w.e.f. 1-2-1977).2. Ins. by CPC Act No. of
2002 section 2 (w.e.f. 1 -7-2002).

CPC Section 40 - Where a decree is sent for execution in another State, it shall be sent to
Transfer of decree to such Court and executed in such manner as may be prescribed by rules
Court in another State. in force in that State.

CPC Section 41 - Result The Court to which a decree is sent for execution shall certify to the
of execution Court which passed it the fact of such execution, or where the former
proceedings to be Court fails to execute the same the circumstances attending such
certified. failure.
CPC Section 42 - Powers 1[(1)] The Court executing a decree sent to it shall have the same
of Court in executing powers in executing such decree as if it had been passed by itself. All
transferred decree. persons disobeying or obstructing the execution of the decree shall be
punishable by such Court in the same manner as if it had passed the
decree. And its Order in executing such decree shall be subject to the
same rules in respect of appeal as if the decree had been passed by
itself.2[(2) Without prejudice to the generality of the provisions of sub-
section (1) the powers of the Court under that sub-section shall include
the following powers of the Court passed the decree, namely:-(a)
power to send the decree for execution to another Court under section
39;(b) power to execute the decree against the legal representative of
the deceased judgment-debtor under section 50;(c) power to Order
attachment of a decree.(3) A Court passing an Order in exercise of the
powers specified in sub-section (2) shall send a copy thereof to the
Court which passed the decree.(4) Nothing in this section shall be
deemed to confer on the Courts to which a decree is sent for execution
any of the following powers, namely-(a) power to Order execution at
the instance of the transferee of the decree;(b) in the case of a decree
passed against a firm, power to grant leave to execute such decree
against any person other than such a person as is referred to in clause
(b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.]STATE
AMENDMENTUttar Pradesh-Section 42 shall be substituted by
following."42. Power of Court in executing transferred decree:(1) The
court executing a decree sent to it shall have the same powers in
executing such decree as if it had been passed by itself. All persons
disobeying or obstructing the decree shall be punishable by such court
in the same manner as if it had passed the decree, and its Order in
executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself.(2) Without prejudice
to the generality of the provisions of sub-section (1) the powers of the
court under that sub-section shall include the following powers of the
court which passed the decree, namely-(a) power to send the decree
for execution to another court under section 39.(b) power to execute
the decree against the legal representative of the deceased judgment
debtor under section 50.(c) power to Order attachment of a decree.(d)
power to decide any question relating to the bar of limitation to
theexecutability of the decree.(e) power to record payment or
adjustment under Rule 2 of Order XXI.(f) power to Order stay of
execution under Rule 29 Order XXI,(g) in the case of a decree passed
against a firm power to grant leave to execute such decree against any
person other than a person as is referred to in clause (b) or clause (c) of
sub-rule (1) of Rule 50 of Order XXI.(3) A court passing an Order in
exercise of the powers specified in sub-section (2) shall send a copy
thereof to the court which passed the decree.(4) Nothing in this section
shall be deemed to confer on the court to which a decree is sent for
execution, the power to Order execution at the instance of the transfer
of a decree."[Vide U.P. Act No. 14 of 1970, sec. 2 (w.e.f. 8-4-1970)].1.
Section 42 renumbered as sub-section (1) thereof by Act No. 104 of
 1976, sec. 19 (w.e.f. 1-2-1977)2. Ins. by Act No. 104 of 1976, sec. 19
(w.e.f. 1-2-1977).

CPC Section 43 - 1[Execution of decrees passed by Civil Courts in places to which this
Execution of decrees Code does not extend.Any decree passed by any Civil Court established
passed by Civil Courts in in any part of India to which the provisions of this Code do not extend,
places to which this or by any Court established or continued by the authority of the Central
Code does not extend. Government outside India, may, if it cannot be executed within the
jurisdiction of the Court by which it was passed, be executed in the
manner herein provided within the jurisdiction of any Court in the
territories to which this Code extends].1. Subs. by Act 2 of 1951, sec. 8,
for section 43 (w.e.f. 1-4-1951)

CPC Section 44 - 1[Execution of decrees passed by Revenue Court in places to which this
Execution of decrees Code does not extend.The State Government may, by notification in the
passed by Revenue Official Gazette, declare that the decrees of any Revenue Court in any
Court in places to which part of India to which the provisions of this Code do not extend or any
this Code does not class of such decrees, may be executed in the State as if they had been
extend. passed by Courts in that State].1. Subs. by Act 2 of 1951, sec. 9, for
section 44 (w.e.f. 1-4-1951)

CPC Section 44A - 1[(1) Where a certified copy of decree of any of the superior Courts of
Execution of decrees 2[***] any reciprocating territory has been filed in a District Court, the
passed by Courts in decree may be executed in 3[India] as if it had been passed by the
reciprocating territory. District Court.(2) Together with the certified copy of the decree shall be
filed a certificate from such superior Court stating the extent, if any, to
which the decree has been satisfied or adjusted and such certificate
shall, for the purposes of proceedings under this section, be conclusive
proof of the extent of such satisfaction or adjustment.(3) The provisions
of section 47 shall as from the filing of the certified copy of the decree
apply to the proceedings of a District Court executing a decree under
this section, and the District Court shall refuse execution of any such
decree, if it is shown to the satisfaction of the Court that the decree
falls within any of the exceptions specified in clauses (a) to (f) of section
13.4[Explanation 1- "Reciprocating territory" means any country or
 territory outside India which the Central Government may, by
notification in the Official Gazette, declare to be a reciprocating
territory for the purposes of this section; and "superior Courts", with
reference to any such territory, means such Courts as may be specified
in the said notification.Explanation 2.- "Decree" with reference to a
superior Court means any decree or judgment of such Court under
which a sum of money is payable, not being a sum payable in respect of
taxes or other charges of a like nature or in respect to a fine or other
penalty, but shall in no case include an arbitration award, even if such
an award is enforceable as a decree or judgment.]]1. Ins. by Act 8 of
1937, sec. 22. The words "United Kingdom or: omitted by Act 71 of
1952, sec. 23. Subs. by Act 2 of 1951, sec. 3, for "the States" (w.e.f. 1-4-
1951)4. Subs. by Act 71 of 1952, sec. 2, for Explanation 1 to 3.

CPC Section 45 - 1[So much of the foregoing sections of this Part as empowers a Court to
Execution of decrees send a decree for execution to another Court shall be construed as
outside India. empowering a Court in any State to send a decree for execution to any
Court established 2[***] by the authority of the Central
Government3[outside India] to which the State Government has by
notification in the Official Gazette declared this section to apply].STATE
AMENDMENTSPondicherry-After section 45 insert the following:-"45-A.
Execution of decrees etc. passed or made before the Commencement
of the Code in Pondicherry- Any Judgment, decree or Order passed or
made before the Commencement of this Code by any Civil Court in the
Union Territory of Pondicherry shall for the purpose of execution be
deemed to have been passed or made under this Code.Provided that
nothing contained in this section shall be construed as extending the
period of limitation to which any proceeding in respect of such
judgment decree or Order may be subject."[Vide Act No. 26 of 1968,
sec. 3(i) and Sch., Pt II (w.e.f. 5-9-1968)].1. Subs. by the A.O. 1937, for
section 45.2. The words "or continued" omitted by the A.O. 1948.3.
Subs. by the A.O. 1950, for "in any Indian State."

CPC Section 46 - (1) Upon the application of the decree-holder the Court which passed
Precepts. the decree may, whenever it thinks fit, issue a precept to any other
Court which would be competent to execute such decree to attach any
property belonging to the judgment-debtor and specified in the
precept.(2) The Court to which a precept is sent shall proceed to attach
the property in the manner prescribed in regard to the attachment of
property in execution of a decree:Provided that no attachment under a
precept shall continue for more than two months unless the period of
attachment is extended by an Order of the Court which passed the
decree or unless before the determination of such attachment the
decree has been transferred to the Court by which the attachment has
been made and the decree-holder has applied for an Order for the sale
of such property. Questions to be determined by Court executing
decree
CPC Section 47 - (1) All questions arising between the parties to the suit in which the
Questions to be decree was passed, or their representatives, and relating to the
determined by the execution, discharge or satisfaction of the decree, shall be determined
Court executing decree by the Court executing the decree and not by a separate suit.1[* * *
*](3) Where a question arises as to whether any person is or is not the
representative of a party, such question shall, for the purposes of this
section, be determined by the Court.2[Explanation I.-For the purposes
of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the
suit.Explanation II.-(a) For the purposes of this section, a purchaser of
property at a sale in execution of a decree shall be deemed to be a
party to the suit in which the decree is passed; and(b) all questions
relating to the delivery of possession of such property to such
purchaser or his representative shall be deemed to be questions
relating to the execution, discharge or satisfaction of the decree within
the meaning of this section.]COMMENTS(i) Executing court has to first
decide whether preliminary decree in question is severable from final
degree and can be executed independently. If not, then only after
passing of the final decree it can be executed; Md. Serajuddin v. Md.
Abdul Khalique, AIR 2005 Gauhati 40.(ii) Once decree reached finality, it
is not open to judgement-debtor to plead new facts in execution
proceedings; Pothuri Thulasidas v. Potru Nageswara, AIR 2005 AP
171.(iii) Suit was not ?in reality? one in the nature of execution of the
earlier Order of eviction in favour of plaintiff and is not barred. Suit
based upon fresh cause of action. The High Court was wrong in treating
present suit as one ?virtually? for execution of the Order of eviction
passed in the earlier rent control case. Hence the ban under section 47
cannot apply; Ajit Chopra v. Sadhu Ram, AIR 2000 SC 212.(iv) An
executing court granted decree for interest which was not part of the
decree for execution on ground of delay and unreasonable stand taken
in execution. Since the executing court cannot travel beyond decree
under execution, the said decree was held to be without jurisdiction;
Kameshwar Das Gupta v. State of Uttar Pradesh, AIR 1997 SC 410.(v)
New plea cannot be allowed to be raised for the first time in execution
proceedings; Jalada Daland Uchha Bidyapith v. State of Orissa, AIR 1993
Ori 257: 1993 (1) Ori LR 77.(vi) Execution of the decree ought not to be
refused, unless the decree itself is a nullity; Jalada Daland Uchha
Bidyapith v. State of Orissa, AIR 1993 Ori 257: 1993 (1) Ori LR 77.(vii)
Injunction decree can be enforced by the legal heir of the decree holder
against the J.O. after the death of the decree holder; D?souza, J. v. A.
Joseph, AIR 1993 Kant 68: ILR (Kant) (1992) 2972.(viii) Death of the
decree holder during pendency of the execution proceedings. His legal
representative can continue the proceedings after obtaining the
succession certificate; Kariyamma v. Assistant Commissioner and Land
Acquisition Officer, AIR 1993 Karn 321: 1993 (1) Civ LJ 297: 1992 (3) Cur
CC 664.(ix) In absence of any challenge to decree no objection can be
raised in execution; State of Punjab v. Mohinder Singh Randhawa, AIR
1992 SC 473.(x) Auction sale held in execution of final decree can be set
 aside under section 47 on displacement by Appellate Court of
preliminary decree on which final decree was based; Kumar Sudhendu
Narain Deb v. Renuka Biswas, AIR 1992 SC 385.1. Sub-section (2)
omitted by Act No. 104 of 1976, sec. 20 (w.e.f. 1-2-1977).2. Subs, by Act
No. 104 of 1976, sec. 20 for Explanation (w.e.f. 1-2-1977). Earlier
Explanation was ins. by Act 66 of 1956, sec. 5 (w.e.f. 1-1-1957).

CPC Section 48 - Rep. by the limitation Act, 1963(36 of 1963), s. 28 (with effect from the
Execution barred in 1st January, 1964)
certain cases.

CPC Section 49 - Every transferee of a decree shall hold the same subject to the equities
Transferee. (if any) which the judgment-debtor might have enforced against the
original decree-holder.

CPC Section 50 - Legal (1) Where a judgment-debtor dies before the decree has been fully
representative. satisfied, the holder of the decree may apply to the Court which passed
it to execute the same against the legal representative of the
deceased.(2) Where the decree is executed against such legal
representative, he shall be liable only to the extent of the property of
the deceased which has come to his hands and has not been duly
disposed of; and, for the purpose of ascertaining such liability, the
Court executing the decree may, of its own motion or on the application
of the decree-holder, compel such legal representative to produce such
accounts as it thinks fit.

CPC Section 51 - Powers Subject to such conditions and limitations as may be prescribed, the
of Court to enforce Court may, on the application of the decree-holder, Order execution of
execution. the decree-(a) by delivery of any property specifically decreed;(b) by
attachment and sale or by the sale without attachment of any
property;(c) by arrest and detention in prison 1[for such period not
exceeding the period specified in section 58, where arrest and
detention is permissible under that section];(d) by appointing a
receiver; or(e) in such other manner as the nature of the relief granted
may require:2[Provided that, where the decree is for the payment of
money, execution by detention in prison shall not be Ordered unless,
after giving the judgment-debtor an opportunity of showing cause why
he should not be committed to prison, the Court, for reasons recorded
in writing, is satisfied-(a) that the judgment-debtor, with the object or
 effect of obstructing or delaying the execution of the decree,-(i) is likely
to abscond or leave the local limits of the jurisdiction of the Court, or(ii)
has, after the institution of the suit in which the decree was passed,
dishonestly transferred, concealed, or removed any part of his property,
or committed any other act of bad faith in relation to his property, or(b)
that the judgment-debtor has, or has had since the date of the decree,
the means to pay the amount of the decree or some substantial part
thereof and refuses or neglects or has refused or neglected to pay the
same, or(c) that the decree is for a sum for which the judgment-debtor
was bound in a fiduciary capacity to account.Explanation.-In the
calculation of the means of the judgment-debtor for the purposes of
clause (b), there shall be left out of account any property which, by or
under any law or custom having the force of law for the time being in
force, is exempt from attachment in execution of the decree.]STATE
AMENDMENTSUttar Pradesh-In section 51 of the Code Clause (bb) shall
be inserted after clause (b)."(bb) by transfer other than sale by
attachment or without attachment of any property"[Vide U.P. Act No.
24 of 1954, sec. 2 and Sch I, Item 5, Entry 4 (w.e.f. 30-11-
1954)].COMMENTSMoney decree passed against the company and its
managing director. Held, the decree is not passed against Managing
Director in his individual capacity. He cannot be sent to jail in
enforcement of the decree; M/s. March Ltd. (In Liqn.), Chandigarh v.
M/s. Pan India Plastic Pvt. Ltd., New Delhi, AIR 1993 P&H 215: 1993 (1)
Bank LT 127: 1993 (1) Land LR 431.?????1. Ins. by Act 104 of 1976, sec.
21 (w.e.f. 1?2?1977).2. Ins. by Act 21 of 1936, sec. 2.

CPC Section 52 - (1) Where a decree is passed against a party as the legal representative
Enforcement of decree of a deceased person, and the decree is for the payment of money out
against legal of the property of the deceased, it may be executed by the attachment
representative. and sale of any such property.(2) Where no such property remains in
the possession of the judgment-debtor and he fails to satisfy the Court
that he has duly applied such property of the deceased as is proved to
have come into his possession, the decree may be executed against the
judgment-debtor to the extent of the property in respect of which he
has failed so to satisfy the Court in the same manner as if the decree
had been against him personally.

CPC Section 53 - For the purposes of section 50 and section 52, property in the hands of
Liability of ancestral a son or other descendant which is liable under Hindu law for the
property. payment of the debt of a deceased ancestor, in respect of which a
decree has been passed, shall be deemed to be property of the
deceased which has come to the hands of the son or other descendant
as his legal representative.
CPC Section 54 - Where the decree is for the partition of an undivided estate assessed to
Partition of estate or the payment of revenue to the Government, or for the separate
separation of share. possession of a share of such an estate, the partition of the estate or
the separation of the share shall be made by the Collector or any
gazetted subordinate of the Collector deputed by him in this behalf, in
accordance with the law (if any) for the time being in force relating to
the partition, or the separate possession shares, of such estates.STATE
AMENDMENTKarnataka:- For section 54, substitute the following
section, namely:-"54. Partition of Estate or sepration of share:-Where
the decree is for the partition of an undivided estate assessed to the
payment of revenue to the Government or for the separate possession
of share of such an estate, the partition of the estate or the separation
of the share of such an estate shall be made by the Court in accordance
with the law if any, for the time being in force relating to the partition ,
or the separate possession of shares and if neccessary on the report of
a revenue officer, not below the rank of tehsildar or such other person
as the Court may appoint as Commissioner in that behalf."[Vide
Karnataka Act 36 of 1998, sec. 2.]

CPC Section 55 - Arrest (1) A judgment-debtor may be arrested in execution of a decree at any
and detention. hour and on any day, and shall, as soon as practicable, be brought
before the Court, and his detention may be in the civil prison of the
district in which the Court Ordering the detention is situate, or, where
such civil prison does not afford suitable accommodation, in any other
place which the State Government may appoint for the detention of
persons Ordered by the Courts of such district to be detained:Provided,
firstly, that, for the purpose of making an arrest under this section, no
dwelling-house shall be entered after sunset and before sunrise
:Provided, secondly, that no outer door of a dwelling-house shall be
broken open unless such dwelling-house is in the occupancy of the
judgment-debtor and he refuses or in any way prevents access thereto,
but when the officer authorised to make the arrest has duly gained
access to any dwelling-house, he may break open the door of any room
in which he has reason to believe the judgment-debtor is to be
found:Provided, thirdly, that, if the room is in the actual occupancy of a
woman who is not the judgment-debtor and who according to the
customs of the country does not appear in public, the officer
authorised to make the arrest shall give notice to her that she is at
liberty to withdraw, and, after allowing a reasonable time for her to
withdraw and giving her reasonable facility for withdrawing, may enter
the room for the purpose of making the arrest:Provided, fourthly, that,
where the decree in execution of which a judgment-debtor is arrested,
is a decree for the payment of money and the judgment-debtor pays
the amount of the decree and the costs of the arrest to the officer
arresting him, such officer shall at once release him.(2) The State
Government may, by notification in the Official Gazette, declare that
any person or class of persons whose arrest might be attended with
danger or inconvenience to the public shall not be liable to arrest in
 execution of a decree otherwise than in accordance with such
procedure as may be prescribed by the State Government in this
behalf.(3) Where a judgment-debtor is arrested in execution of a decree
for the payment of money and brought before the Court, the Court
shall inform him that he may apply to be declared an insolvent, and
that he 1[may be discharged], if he has not committed any act of bad
faith regarding the subject of the application and if he complies with
provisions of the law of insolvency for the time being in force.(4) Where
a judgment-debtor expresses his intention to apply to be declared an
insolvent and furnishes security, to the satisfaction of the Court, that he
will within one month so apply, and that he will appear, when called
upon, in any proceeding upon the application or upon the decree in
execution of which he was arrested, the Court 2[may release] him from
arrest, and, if he fails so to apply and to appear, the Court may either
direct the security to be realised or commit him to the civil prison in
execution of the decree.1. Subs. by Act 3 of 1921, sec. 2, for "will be
dicharged".2. Subs. by Act 3 of 1921, sec. 2, for "shall release".

CPC Section 56 - Notwithstanding anything in this Part, the Court shall not Order the
Prohibition of arrest or arrest or detention in the civil prison of a woman in execution of a
detention of women in decree for the payment of money.
execution of decree for
money.

CPC Section 57 - The State Government may fix scales, graduated according to rank, race
Subsistence allowance. and nationality, of monthly allowances payable for the subsistence of
judgment-debtors.

CPC Section 58 - (1) Every person detained in the civil prison in execution of a decree
Detention and release. shall be so detained,-(a) where the decree is for the payment of a sum
of money exceeding 12 [five thousand rupees], for a period not
exceeding three months, and]3[(b) where the decree is for the payment
of a sum of money exceeding two thousand rupees, but not exceeding
five thousand rupees, for a period not exceeding six weeks :]Provided
that he shall be released from such detention before the expiration of
the 4[said period of detention]-(i) on the amount mentioned in the
warrant for his detention being paid to the officer in charge of the civil
prison, or(ii) on the decree against him being otherwise fully satisfied,
or(iii) on the request of the person on whose application he has been
so detained, or(iv) on the omission by the person, on whose application
he has been so detained, to pay subsistence allowance :Provided, also,
that he shall not be released from such detention under clause (ii) or
clause (iii), without the Order of the Court.5[(1A) For the removal of
doubts, it is hereby declared that no Order for detention of the
judgment-debtor in civil prison in execution of a decree for the
payment of money shall be made, where the total amount of the
decree does not exceed 6[two thousand rupees.]](2) A judgment-
debtor released from detention under this section shall not merely by
reason of his release be discharged from his debt, but he shall not be
 liable to be re-arrested under the decree in execution of which he was
detained in the civil prison.1. Subs, by Act No. 104 of 1976, sec. 22, for
"fifty rupees, for a period of six months, and" (w.e.f. 1-2-1977).2. Subs,
by Act No. 46 of 1999, section 5 for "one thousand rupees", (w.e.f. 1-7-
2002).3. Clause (b) subs. by Act 104 of 1976, sec. 22 (w.e.f. 1-2-1977)
and again subs. by Act 46 of 1999, sec. 5 (w.e.f. 1-7-2002)4. Subs. by Act
104 of 1976, sec. 22 for certain words (w.e.f. 1-2-1977)5. Ins. by Act No.
104 of 1976, s. 22, (w.e.f. 1-2-1977).6. Subs. by Act No. 46 of 1999
section 5 for "five hundred rupees" (w.e.f. 1-7-2002).

CPC Section 59 - (1) At any time after a warrant for the arrest of a judgment-debtor has
Release on ground of been issued the Court may cancel it on ground of his serious illness.(2)
illness. Where a judgment-debtor has been arrested, the Court may release
him if, in its opinion, he is not in a fit state of health to be detained in
the civil prison.(3) Where a judgment-debtor has been committed to
the civil prison, he may be released therefrom,-(a) by the State
Government, on the ground of the existence of any infectious or
contagious disease, or(b) by the committing Court, or any Court to
which that Court is subordinate, on the ground of his suffering from any
serious illness.(4) A judgment-debtor released under this section may
be re-arrested, but the period of his detention in the civil prison shall
not in the aggregate exceed that prescribed by section 58.
CPC Section 60 - 1.?(1) The following property is liable to attachment and sale in
Property liable to execution of a decree, namely, lands, houses or other buildings, goods,
attachment and sale in money, bank notes, cheques, bills of exchange, hundis, promissory
execution of decree notes, Government securities, bonds or other securities for money,
debts, shares in a corporation and, save as hereinafter mentioned, all
other saleable property, movable or immovable, belonging to the
judgment?debtor, or over which, or the profits of which, he has a
disposing power which he may exercise for his own benefit, whether
the same be held in the name of the judgment?debtor or by another
person in trust for him or on his behalf:Provided that the following
properties shall not be liable to such attachment or sale, namely:?(a)
the necessary wearing?apparel, cooking vessels, beds and bedding of
the judgment?debtor, his wife and children, and such personal
ornaments as, in accordance with religious usage, cannot be parted
with by any woman;(b) tools of artisans, and, where the
judgment?debtor is an agriculturist, his implements of husbandry and
such cattle and seed?grain as may, in the opinion of the Court, be
necessary to enable him to earn his livelihood as such, and such portion
of agricultural produce or of any class of agricultural produce as may
have been declared to be free from liability under the provisions of the
next following section;(c) houses and other buildings (with the
materials and the sites thereof and the land immediately appurtenant
thereto and necessary for their enjoyment) belonging to 2[an
agriculturist or a labourer or a domestic servant] and occupied by
him;(d) books of account;(e) a mere right to sue for damages;(f) any
right of personal service;(g) stipends and gratuities allowed to
pensioners of the Government 3[or of a local authority or of any other
employer], or payable out of any service family pension fund 4notified
in the Official Gazette by 5[the Central Government or the State
Government] in this behalf, and political pension;6[(h) the wages of
labourers and domestic servants, whether payable in money or in kind
7[***];]8[(i) salary to the extent of 9[the first 10[11[one thousand
rupees]] and two?thirds of the remainder] 12[in execution of any
decree other than a decree for maintenance]:13[Provided that where
any part of such portion of the salary as is liable to attachment has
been under attachment, whether continuously or intermittently, for a
total period of twenty?four months, such portion shall be exempt from
attachment until the expiry of a further period of twelve months, and,
where such attachment has been made in execution of one and the
same decree, shall, after the attachment has continued for a total
period of twenty?four months, be finally exempt from attachment in
execution of that decree;]]14(ia) one?third of the salary in execution of
any decree for maintenance;]15[(j) the pay and allowances of persons
to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950
(46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;](k) all
compulsory deposits and other sums in or derived from any fund to
which the Provident Funds Act, 16[1925 (19 of 1925)], for the time
being applies in so far as they are declared by the said Act not to be
liable to attachment;17[(ka) all deposits and other sums in or derived
from any fund to which the Public Provident Fund Act, 1968 (23 of
1968), for the time being applies, in so far as they are declared by the
said Act as not to be liable to attachment;(kb) all moneys payable under
a policy of insurance on the life of the judgment?debtor;(kc) the
interest of lessee of a residential building to which the provisions of law
for the time being in force relating to control of rents and
accommodation apply;]18[(l) any allowance forming part of the
emoluments of any 19[servant of the Government] or of any servant of
a railway company or local authority which the 20[appropriate
Government] may by notification in the Official Gazette declare to be
exempt from attachment, and any subsistence grant for allowance
made to 21[any such servant] while under suspension;](m) an
expectancy of succession by survivorship or other merely contingent or
possible right or interest;(n) a right to future maintenance;(o) any
allowance declared by 22[any Indian law] to be exempt from liability to
attachment or sale in execution of a decree; and(p) where the
judgment?debtor is a person liable for the payment of land-revenue;
any movable property which, under any law for the time being
applicable to him, is exempt from sale for the recovery of an arrear of
such revenue.23[Explanation I.?The moneys payable in relation to the
matters mentioned in clauses (g), (h), (i) (ia), (j), (l) and (o) are exempt
from attachment or sale, whether before or after they are actually
payable, and, in the case of salary, the attachable portion thereof is
liable to attachment, whether before or after it is actually
payable.]24[Explanation II.?In clauses (i) and (ia)] ?salary means the
total monthly emoluments, excluding any allowance declared exempt
from attachment under the provisions of clause (l), derived by a person
from his employment whether on duty or on leave.25[Explanation
26[III].?In clause (l) ?appropriate Government means?(i) as respect any
27[person] in the service of the Central Government, or any servant of
28[a Railway Administration] or of a cantonment authority or of the
port authority of a major port, the Central Government;29[***](iii) as
respects any other servant of the Government or a servant of any other
30[***] local authority, the State Government.]31[Explanation IV.?For
the purposes of this proviso, ?wages includes bonus, and ?labourer
includes a skilled, unskilled or semi?skilled labourer.Explanation V.?For
the purposes of this proviso, the expression ?agriculturist means a
person who cultivates land personally and who depends for his
livelihood mainly on the income from agricultural land, whether as
owner, tenant, partner, or agricultural labourer.Explanation VI.?For the
purposes of Explanation V, an agriculturist shall be deemed to cultivate
land personally, if he cultivates land?(a) by his own labour, or(b) by the
labour of any member of his family, or(c) by servants or labourers on
wages payable in cash or in kind (not being as a share of the produce),
or both.]32[(1A) Notwithstanding anything contained in any other law
for the time being in force, an agreement by which a person agrees to
waive the benefit of any exemption under this section shall be void.](2)
Nothing in this section shall be deemed 33[***] to exempt houses and
other buildings (with the materials and the sites thereof and the lands
immediately appurtenant thereto and necessary for their enjoyment)
from attachment or sale in execution of decrees for rent of any such
house, building, site or land, 34[***].35[***]STATE
AMENDMENTSAndhra Pradesh.?In section 60, in sub-section (1), in the
proviso, in clause (g), in its application to the Andhra Area of the State
of Andhra Pradesh, after the words ?stipends and gratuities, allowed to
pensioners of the Government, insert the words ?or of a local
authority.[Vide Code of Civil Procedure (Andhra Pradesh) (Andhra Area)
Amendment Act, 1950 (34 of 1950) as amended by the Andhra Pradesh
Act 9 of 1961.]In its application to the whole of the State of Andhra
Pradesh,?A. (i) In section 60, in sub-section (i), in the proviso, after
clause (k), insert the following clause, namely:??(kk) amount payable:
under policies issued in pursuance of the rules for the Andhra Pradesh
Government Life Insurance and Provident Fund and the Hyderabad
State Life Insurance and Provident Fund;(ii) In section 60, in sub-section
(1), after Explanation 2, insert the following Explanation,
namely:??Explanation 2A.?Where any sum payable to a Government
servant is exempt from attachment under the provisions of clause (kk),
such sum shall remain exempt from attachment notwithstanding the
fact that owing to the death of the Government servant it is payable to
some other person.[Vide Code of Civil Procedure (Andhra Pradesh)
(Telangana Area) Amendment Act 11 of 1953, as amended by the
Andhra Pradesh Act 10 of 1962.]B. (i) In section 60, in sub-section (1), in
the proviso, after clause (kk), insert the following clause,
namely:??(kkk) amounts payable under the Andhra Pradesh State
Employees? Family Benefit Fund Rules;;(ii) in Explanation 2 A, for the
expression ?clause (kk), substitute the expression ?clauses (kk) and
(kkk).[Vide Andhra Pradesh Act 24 of 1979, sec. 2 (w.e.f. 5-9-1979).]In
its application to the Telangana area of the State of Andhra Pradesh in
section 60, in sub-section (1):?(i) in the proviso, after clause (g), insert
the following clause, namely:??(gg) pension granted or continued by
the Central Government, the Government of the pre?reorganisation
Hyderabad State or any other State Government on account of past
services or present infirmities or as a compassionate allowance; and(ii)
after Explanation 2, insert Explanation 2A which is same as given above
with the addition of the words, brackets and letters ?clause (gg) or after
the words ?under the provisions of.[Vide Andhra Pradesh Act 18 of
1953 (w.e.f. 2-12-1953).]Chandigarh.?Same as in Punjab.Delhi.?Same as
in Punjab.Gujarat.?In section 60, in sub-section (1),?(a) in the proviso,
after clause (g), insert the following clause, namely:??(gg) stipends and
gratuities allowed to pensioners of a local authority, and(b) in
Explanation I, after the brackets and letter ?(g), insert the brackets and
letters ?(gg).[Vide Code of Civil Procedure (Bombay Amendment) Act,
1948 (Bombay Act 60 of 1948), sec. 2 (w.e.f. 30-11-
1948).]Haryana.?Same as in Punjab.Himachal Pradesh.?In section 60, in
sub?section (1), in the proviso,?(i) in clause (c), at the end, insert the
following:??or compensation paid for such houses and buildings
(including compensation for the materials and the sites and the land
referred to above) acquired for a public purpose;(ii) after clause (c),
insert the following, clause, namely:??(cc) compensation paid for
agricultural lands belonging to agriculturists and acquired for a public
purposes;[Vide Civil Procedure Code (Himachal Pradesh Amendment)
Act 6 of 1956.]Karnataka.?In section 60, in sub-section (1), in the
proviso, after clause (p), insert the following clause, namely:???(pp)
where the judgment?debtor is a servant of the State Government who
has insured his life under the rules in force relating to the Official
Branch of the Karnataka Government Life Insurance Department,?(1) in
the case of insurance effected prior to the ninth day of May, 1911, the
whole of the bonus payable or paid thereunder to such servant, or in
the event of his death to his nominee or other person or persons
entitled to such bonus under the said rules; and(2) in the case of
insurance effected on or after the ninth day of May, 1911, and such
insurance is compulsory, then the bonus in respect of the compulsory
premia payable or paid to such servant, or in the event of his death to
his nominee or other person or persons entitled to such bonus under
the said rules.[Vide Civil Procedure Code (Mysore Amendment) Act 14
of 1952.]Kerala.?In section 60, in sub-section (1), in the proviso?(i) in
clause (g), after the words ?stipends and gratuities allowed to
pensioners, insert the words ?or of a local authority.[Vide Kerala Act 13
of 1957, sec. 3 (w.e.f. 1-10-1958).][Ed.?This amendment in clause (g)
was made prior to the amendment made by the Central act 104 of
1976, sec. 23 (w.e.f. 1-2-1977).](ii) after clause (g), insert the following
clause, namely:??(gg) all moneys payable to the beneficiaries under the
Family Benefit Scheme for the employees of the Government of
Kerala;[Vide Kerala Act 1 of 1988, sec. 2 (w.e.f. 5-1-
1988).]Maharashtra.?In Section 60, in sub-section (1), in the proviso?(a)
after clause (g), the following clause shall be inserted, namely:?(gg) in
the Hyderabad area of the State of Maharashtra, any pension granted
or continued by the Central Government or the Government of the
former State of Hyderabad or any other State Government, on account
of past services or present infirmities or as a compassionate allowance,
which is not covered by clause (g);(b) after clause (kb), insert the
following clause, namely:?(kbb) the amounts payable under the policies
issued in pursuance of the Rules for the Hyderabad State Life Insurance
and provident fund, which are not covered under clause (ka) or
(kb).Explanation.?Where any sum payable to a Government servant is
exempt from attachment under this clause or clause (gg) such sum shall
remain exempt from attachment, notwithstanding the fact that owing
to the death of the Government servant the sum is payable to some
other person;[Vide Maharashtra Act 65 of 1977, sec. 6 (w.e.f. 19-12-
1977).]Pondicherry.? Same as in Tamil Nadu.[Vide Pondicherry Act 26 of
1968.]Punjab.?In its application to the State of Punjab including the
Pepsu area thereof as it was immediately before the 1st November,
1956,?(a) in section 60, in sub-section (1), in the proviso,?(i) in clause
(c), for the words ?occupied by him the following words shall be
deemed to be substituted, namely:??not proved by the decree?holder
to have been let out on rent or lent to persons other than his father,
mother, wife, daughter?in?law, brother, sister or other dependants or
left vacant for a period of a year or more.(ii) after clause (c), insert the
following clauses, namely:??(cc) milch animals, whether in milk or in
calf, kids, animals used for the purposes of transport of draught cart
and open spaces or enclosures belonging to an agriculturist and
required for use in case of need for tying cattle, parking carts, or
stacking fodder or manure;(ccc) one main residential?house and other
buildings attached to it (with the material and the sites thereof and the
land immediately appurtenant thereto and necessary for their
enjoyment) belonging to a judgment?debtor other than an agriculturist
and occupied by him:Provided that the protection afforded by this
clause shall not extend to any property specifically charged with the
debt sought to be recovered.(b) In section 60, after sub?section (2),
insert the following sub?sections, namely:??(3) Notwithstanding any
other law for the time being in force an agreement by which a debtor
agrees to waive any benefit of any exemption under this section shall
be void.(4) For the purposes of this section the word ?agriculturist?
shall include every person whether as owner, tenant, partner or
agricultural labourer who depends for his livelihood mainly on income
from agricultural land as defined in the Punjab Alienation of Land Act,
1900.(5) Every member of a tribe notified as agricultural under the
Punjab Alienation of Land Act, 1900, and every member of a scheduled
caste shall be presumed to be an agriculturist until the contrary is
proved.(6) No order for attachment be made unless the Court is
satisfied that the property sought to be attached is not exempt from
attachment or sale.[Vide Punjab Relief of Indebtedness Act 7 of 1934,
sec. 35 as amended by Punjab Acts 12 of 1940, 6 of 1942 and 14 of
1960 (w.e.f. 30-12-1960).]Rajasthan.?In section 60, in sub?section (1),
in the proviso,?(i) in clause (b) after the word ?agriculturist, insert the
words ?his milch cattle and those likely to calve within two years,;[Vide
Rajasthan Act 19 of 1958 (w.e.f. 18-4-1958).](ii) after clause (k), insert
the following clause, namely:??(kk) moneys payable under Life
Insurance Certificates issued in pursuance of the Rajasthan Government
Servants Insurance Rules, 1953;(iii) In section 60, in sub-section (1),
after Explanation 3, insert the following Explanation,
namely:??Explanation 4.?Where any money payable to a Government
servant of the State is exempt from attachment under the provision
contained in clause (kk), such money shall remain exempt from
attachment notwithstanding the fact that owing to the death of a
Government servant it is payable to some other person.[Vide Rajasthan
Act 16 of 1957, sec. 2 (w.e.f. 6-6-1957).]Tamil Nadu.?In section 60, in
sub-section (1), in the proviso, after the words ?stipends and gratuities
allowed to the pensioners of the Government, insert the words ?or of a
local authority.[Vide Code of Civil Procedure (Madras Amendment) Act
(34 of 1950).]This Act has been extended to Kanya Kumari district and
Shen Cottah taluk of the Tirunelveli District by the Madras by the
Andhra Pradesh and Madras (Alteration Boundaries) (Act 66 of 1959) by
the Madras (Added Territories) Adaptation of Laws Order, 1961.Uttar
Pradesh.?In section 60, in sub-section (1), after Explanation 1, insert the
following Explanation, namely:??Explanation 1A.? Particulars
mentioned in clause (c) are exempt from sale in execution of a decree
whether passed before or after the commencement of the Civil
Procedure Code (United Provinces Amendment) Act, 1948, for
enforcement of a mortgage of charge thereon.[Vide the Code of Civil
Procedure (Uttar Pradesh Amendment) Act 35 of 1948, sec. 2 (w.e.f. 28-
8-1948).]COMMENTSImmunity from attachment with regard to
residential house is not available to debtor unless he establishes
connection between the agricultural operations carried on by him and
the house sought to be attached; Paruchuru Narasimha Rao v. Nune
Pandu Ranga Rao, AIR 1994 AP 197.?????1. For amendments to section
60, in its application to East Punjab, see the Punjab Relief of
Indebtedness Act, 1934 (Punjab Act 7 of 1934), sec. 35, as amended by
Punjab Acts 12 of 1940 and 6 of 1942.2. Subs. by Act 104 of 1976, sec.
23, for ?an agriculturist (w.e.f. 1-2-1977).3. Ins. by Act 104 of 1976, sec.
23 (w.e.f. 1-2-1977).4. For such a notification, see Gazette of India,
1909, Pt. I, p. 5.5. Subs. by the A.O. 1937, for ?the G.G. in C.6. Subs. by
Act 9 of 1937, sec. 2, for clauses (h) and (i). The amendments made by
that section have no effect in respect of any proceedings arising out of
a suit instituted before 1st June, 1937, see Act 9 of 1937, sec. 3.7. The
words ?and salary, to the extent of the first hundred rupees and one-
half the remainder of such salary omitted by Act 5 of 1943, sec. 2.8.
Subs. by Act 5 of 1943, sec. 2, for clause (i) and proviso.9. Subs. by Act
26 of 1963, sec. 2, for ?the first hundred rupees.10. Subs. by Act 104 of
1976, sec. 23, for ?two hundred rupees and one-half the remainder
(w.e.f. 1-2-1977).11. Subs. by Act 46 of 1999, sec. 6, for ?four hundred
rupees (w.e.f. 1-7-2002).12. Ins. by Act 66 of 1956, sec. 6 (w.e.f. 1-1-
1957).13. Subs. by Act 104 of 1976, sec. 23, for the proviso (w.e.f. 1-2-
1977).14. Ins. by Act 66 of 1956, sec. 6 (w.e.f. 1-1-1957).15. Subs. by Act
104 of 1976, sec. 23, for clause (j) (w.e.f. 1?2?1977).16. Subs. by Act 9
of 1937, sec. 2, for ?1897.17. Ins. by Act 104 of 1976, sec. 23 (w.e.f.
1?2?1977).18. Subs. by Act 9 of 1937, sec. 2, for clause (l).19. Subs. by
Act 5 of 1943, sec. 2, for ?public officer.20. Subs. by the A.O. 1937, for
?G.G. in C.21. Subs. by Act 5 of 1943, sec. 2, for ?any such officer or
servant.22. Subs. by A.O. 1937, for ?any law passed under the Indian
Councils Acts, 1861 and 1892.23. Subs. by Act 104 of 1976, sec. 23, for
Explanation 1 (w.e.f. 1?2?1977).24. Subs. by Act 104 of 1976, sec. 23,
for ?Explanation 2.?In clauses (h) and (i) (w.e.f. 1?2?1977).25. Ins. by
the A.O. 1937.26. Subs. by Act 104 of 1976, sec. 23, for ?3 (w.e.f.
1?2?1977).27. Subs. by Act 5 of 1943, sec. 2, for ?public officer.28. Subs.
by the A.O. 1950, for ?a Federal Railway.29. Clause (ii) omitted by the
A.O. 1948.30. The word ?railway or omitted by the A.O. 1950.31. Ins. by
Act 104 of 1976, sec. 23 (w.e.f. 1-2-1977).32. Ins. by Act 104 of 1976,
sec. 23 (w.e.f. 1-2-1977).33. The letter and brackets ?(a) rep. by Act 10
 of 1914, sec. 3 and Sch. II. 34. The word ?or rep. by Act 10 of 1914, sec.
3 and Sch. II.35. Clause (b) rep. by Act 10 of 1914, sec. 3 and Sch. II.

CPC Section 61 - Partial The State Government 1[***] may, by general or special Order
exemption of published in the Official Gazette, declare that such portion of
agricultural produce. agricultural produce, or of any class of agricultural produce, as may
appear to the State Government to be necessary for the purpose of
providing until the next harvest the due cultivation of the land and for
the support of the judgment-debtor and his family, shall, in the case of
all agriculturists or of any class of agriculturists, be exempted from
liability to attachment or sale in exaction of a decree.1. The words "with
the previous sanction of the G.G. in C." omitted by Act 38 of 1920, sec.
2 and Sch. I

CPC Section 62 - Seizure (1) No person executing any process under this Code directing or
of property in dwelling- authorizing seizure of movable property shall enter any dwelling-
house. houseafter sunset and before sunrise.(2) No outer door of a dwelling-
house shall be broken open unless such dwelling-house is in the
occupancy of the judgment-debtor and he refuses or in any way
prevents access thereto, but when the person executing any such
process has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe any such
property to be.(3) Where a room in a dwelling-house is in the actual
 occupancy of a woman who, according to the customs of the country,
does not appear in public, the person executing the process shall give
notice to such woman that she is at liberty to withdraw; and, after
allowing reasonable time for her to withdraw and giving her reasonable
facility for withdrawing, he may enter such room for the purpose of
seizing the property, using at the same time every precaution,
consistent with these provisions, to prevent its clandestine removal.

CPC Section 63 - (1) Where property not in the custody of any Court is under attachment
Property attached in in execution of decrees of more Courts than one, the Court which shall
execution of decrees of receive or realize such property and shall determine any claim thereto
several Courts. any objection to the attachment thereof shall be the Court of highest
grade, or, where there is no difference in grade between such Courts,
the Court under whose decree the property was first attached.(2)
Nothing in this section shall be deemed to invalidate any proceeding
taken by a Court executing one of such decrees.1[Explanation.-For the
purposes of sub-section (2), "proceeding taken by a Court" does not
include an Order allowing, to a decree-holder who has purchased
property at a sale held in execution of a decree, set off to the extent of
the purchase price payable by him.]1. Ins. by Act No. 104 of 1976, sec.
24 (w.e.f. 1-2-1977).

CPC Section 64 - Private 1[(1)] Where an attachment has been made, any private transfer or
alienation of property delivery of the property attached or of any interest therein and any
after attachment to be payment to the judgment-debtor of any debt, dividend or other monies
void. contrary to such attachment, shall be void as against all claims
enforceable under the attachment.2[(2) Nothing in this section shall
apply to any private transfer or delivery of the property attached or of
any interest therein, made in pursuance of any contract for such
transfer or delivery entered into and registered before the
attachment.]Explanation-For the purposes of this section, claims
enforceable under an attachment include claims for the rateable
distribution of assets.CommentsSale of attached property before
dismissal of execution application is void; Nancy John Lyndon v.
Prabhati Lal Chodhury, AIR 1987 SC 2061.1. Section 64 renumbered as
sub-section (1) of that section by Act 22 of 2002, sec. 3 (w.e.f. 1-7-
2002).2. Ins. by Act 22 of 2002, sec. 3 (w.e.f. 1-7-2002).

CPC Section 65 - Where immovable property is sold in execution of a decree and such
Purchaser's title. sale has become absolute, the property shall be deemed to have vested
in the purchaser from the time when the property is sold and not from
the time when the sale becomes absolute.

CPC Section 66 - Suit [Rep. by Benami Transactions (Prohibition) Act, 1988 (45 of 1988), sec.
against purchaser not 7 (w.e.f. 19-5-1988).]
maintainable on ground
of purchase being on
behalf of plaintiff
CPC Section 67 - Power 1[(1)] The State Government 2[***] may, by notification in the Official
for State Government Gazette, make rules for any local area imposing conditions in respect of
to make rules as to the sale of any class of interests in land in execution of decrees for the
sales of land in payment of money, where such interests are so uncertain or
execution of decrees for undermined as, in the opinion of the State Government to make it
payment of money. impossible to fix their value.3[(2) When on the date on which this Code
came into operation in any local area, any special rules as to sale of and
in execution of decrees were in force therein, the State Government
may, by notification in the Official Gazette, declare such rules to be in
force, or may 4[***] by a like notification, modify the same.Every
notification issued in the exercise of the powers conferred by this sub-
section shall set out the rules so continued or modified.]4[(3) Every rule
made under this section shall be laid, as soon as may be after it is
made, before the State Legislature.]1. Section 67 renumbered as sub-
section (1) of that section by Act 1 of 1914, sec. 3.2. The words "with
the previous sanction of the G.G. in C.," omitted by Act 38 of 1920, sec.
2 and Sch. I.3. Added by Act 1 of 1914, sec. 3.4. Ins. by Act No. 20 of
1983, sec. 2 and Sch. (w.e.f. 15-3-1984).

CPC Section 68-72 -

Repealed

CPC Section 73 - (1) Where assests are held by a Court and more persons than one have,
Proceeds of execution- before the receipt of such assests, made application to the Court for
sale to be rateably the execution of decrees for the payment of money passed against the
distributed among same judgment-debtor and have not obtained satisfaction thereof, the
decree-holders. assests, after deducting the costs of realization, shall be rateably
distributed among all such persons :Provided as follows :-(a) where any
property is sold subject to a mortgage or charge, the mortgage or
incumbrancer shall not be entitled to share in any surplus arising from
such sale;(b) where any property liable to be sold in execution of a
decree is subject to a mortgage or charges the Court may, with the
consent of the mortgagee or incumbrancer, Order that the property be
sold free from the mortgage or charge, giving to the mortgagee or
incumbrancer the same interest in the proceeds of the sale as he had in
the property sold;(c) where any immovable property is sold in
execution of a decree Ordering its sale for the discharge of an
incumbrance thereon, the proceeds of sale shall be applied-first, in
defraying the expenses of the sale;secondly, in discharging the amount
due under the decree;thirdly, in discharging the interest and principal
moneys due on subsequent incumbrances (if any); andfourthly, rateably
among the holders of decrees for the payment of money against the
judgment debtor, who have, prior to the sale of the property, applied to
the Court which passed the decree Ordering such sale for execution of
such decrees, and have not obtained satisfaction thereof.(2) Where all
or any of the assets liable to be rateably distributed under this section
are paid to a person not entitled to receive the same, any person so
entitled may sue such person to compel him to refund the assets.(3)
 Nothing in this section affects any right of the
Government.COMMENTSThe debts due to the State are entitled to
priority over all other debts; Union of India v. Somasundaram Mills (P)
Ltd., AIR 1985 SC 407.

CPC Section 74 - Where the Court is satisfied that the holder of a decree for the
Resistance to execution. possession of immovable property or that the purchaser of immovable
property sold in execution of a decree has been resisted or obstructed
in obtaining possession of the property by the judgment-debtor or
some person on his behalf and that such resistance or obstruction was
without any just cause, the Court may, at the instance of the decree-
holder or purchaser, Order the judgment-debtor or such other person
to be detained in the civil prison for a term which may extend to thirty
days and may further direct that the decree-holder or purchaser be put
into possession of the property.

CPC Section 75 - Power Subject to such conditions and limitations as may be prescribed, the
of court to issue court may issue a commission-(a) to examine any person;(b) to make a
commissions. local investigation;(c) to examine or adjust accounts; or(d) to make a
partition;1[(e) to hold a scientific, technical, or expert investigation;(f)
to conduct sale of property which is subject to speedy and natural
decay and which is in the custody of the Court pending the
determination of the suit;(g) to perform any ministerial act.]1. Ins. by
Act No. 104 of 1976, sec. 26 (w.e.f. 1-2-1977).

CPC Section 76 - (1) A commission for the examination of any person may be issued to
Commission to another any Court (not being a High Court) situate in a State other than the
Court. State in which the Court of issue is situate and having jurisdiction in the
place in which the person to be examined resides.(2) Every Court
receiving a commission for the examination of any person under sub-
section (1) shall examine him or cause him to be examined pursuant
thereto, and the commission, when it has been duly executed, shall be
returned together with the evidence taken under it to the Court from
which it was issued, unless the Order for issuing the commission has
otherwise directed, in which case the commission shall be returned in
terms of such Order.

CPC Section 77 - Letter In lieu of issuing a commission the Court may issue a letter of request
of request. to examine a witness residing at any place not within 1[India].1. Subs.
by Act 2 of 1951, sec. 3, for "the States".

CPC Section 78 - 1[Subject to such conditions and limitations as may be prescribed the
Commissions issued by provisions as to the execution and return of commissions for the
foreign Courts. examination of witnesses shall apply to commissions issue by or as the
instance of-(a) Courts situate in any part of India to which the
 provisions of this Code do not extend; or(b) Courts established or
continued by the authority of the Central Government outside India,
or(c) Courts of any State or country outside India.]1. Subs. by Act 2 of
1951, sec. 11, for section 78 (w.e.f. 1-4-1951).

CPC Section 79 - Suits 1[Suits by or against GovernmentIn a suit by or against the

by or against Government, the authority to be named as plaintiff or defendant, as
Government the case may be, shall be-(a) in the case of a suit by or against the
Central Government,2[the Unionof India], and(b) in the case of a suit by
or against a State Government, the State.1. Subs. A.O. 1948, for section
79.2. Subs. by the A.O. 1950, for "the Dominion of India".

CPC Section 80 - Notice. 1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall
be instituted] against the Government (including the Government of
the State of Jammu & Kashmir)] or against a public officer in respect of
any act purporting to be done by such officer in his official capacity,
until the expiration of two months next after notice in writing has been
4[delivered to, or left at the office of]-(a) in the case of a suit against the
Central Government, 5[except where it relates to a railway], a Secretary
to that Government;6[7[(b)] in the case of a suit against the Central
Government where it relates to railway, the General Manager of that
railway];8[(bb) in the case of a suit against the Government of the State
of Jammu and Kashmir the Chief Secretary to that Government or any
other officer authorised by that Government in this behalf;](c) in the
case of a suit against 9[any other State Government], a Secretary to
that Government or the Collector of the district; 10[***]11[***]and, in
the case of a public officer, delivered to him or left at this office, stating
the cause of action, the name, description and place of residence of the
plaintiff and the relief which he claims; and the plaint shall contain a
statement that such notice has been so delivered or left.12[(2) A suit to
obtain an urgent or immediate relief against the Government (including
the Government of the State of Jammu & Kashmir) or any public officer
in respect of any act purporting to be done by such public officer in his
official capacity, may be instituted, with the leave of the Court, without
serving any notice as required by sub-section (1); but the Court shall
not grant relief in the suit, whether interim or otherwise, except after
giving to the Government or public officer, as the case may be, a
reasonable opportunity of showing cause in respect of the relief prayed
for in the suit:Provided that the Court shall, if it is satisfied, after
hearing the parties, that no urgent or immediate relief need be granted
in the suit, return the plaint for presentation to it after complying with
the requirements of sub-section (1).(3) No suit instituted against the
Government or against a public officer in respect of any act purporting
to be done by such public officer in his official capacity shall be
dismissed merely by reason of any error or defect in the notice referred
to in sub-section (1), if in such notice-(a) the name, description and the
residence of the plaintiff had been so given as to enable the
appropriate authority or the public officer to identify the person serving
 the notice and such notice had been delivered or left at the office of the
appropriate authority specified in sub-section (1), and(b) the cause of
action and the relief claimed by the plaintiff had been substantially
indicated.]STATE AMENDMENTSMadhya Pradesh -(i) After sub-section
(3) of Section 80 the following inserted:"(4) where in a suit or
proceeding referred to in Rule 3B of Order 1, the state is joined as a
defendant or non applicant or where the Court Orders joinder of the
State as defendant or non applicant in exercise of powers under Rule
10(2) of Order 1 such suit or proceeding shall not be dismissed by
reasons of Omission of the plaintiff or applicant to issue notice under
sub-section (1)".(ii) In sub-section (1) of section 80 for the words "sub-
section (2)" substitute "sub-section (2) or (4)". [M.P. Act No. 29 of
1984].1. Sec. 80 renumbered as sub-section (1) of that section by Act
No. 104 of 1976, sec. 27 (w.e.f. 1-2-1977).2. Subs, by Act No. 104 of
1976, sec. 27 for "No suit shall be instituted' (w.e.f. 1-2-1977).3. Subs.
by Act 26 of 1963, sec. 3 for "shall be instituted against the
Government" (w.e.f. 5-6-1964). The words in italics were subs. by the
A.O. 1948 for "instituted against the Crown".4. Subs. by the A.O. 1937,
"in case of the Secretary of State in Council, deliver to , or left at the
office of a Secretary to the L.G. or the COntroller ofn the district".5. Ins.
by Act 6 of 1948, sec. 2.6. Clause (aa) ins. by Act 6 of 1948, sec. 2.7.
Clause (aa) relettered as clause (b) and the former clause (b) omitted by
the A.O. 1948.8. Ins. by the Act 26 of 1963, sec. 3 (w.e.f. 5-6-1964).9.
Subs. by the Act 26 of 1963, sec. 3 for "a State Government" (w.e.f. 5-6-
1964).10. The word "and" omitted by the A.O. 1948.11. Clause (d)
omitted by the A.O. 1948.12. Ins. by Act No. 104 of 1976, sec. 27 (w.e.f.
1-2-1977).

CPC Section 81 - In a suit instituted against a public officer in respect of any act
Exemption from arrest purporting to be done by him in his official capacity-(a) the defendant
and personal shall not be liable to arrest nor his property to attachment otherwise
appearance. than in execution of a decree, and(b) where the Court is satisfied that
the defendant cannot absent himself from his duty without detriment
to the public service, it shall exempt him from appearing in person.

CPC Section 82 - 1[(1) Where, in a suit by or against the Government or by or against a

Execution of decree. public officer in respect of any act purporting to be done him in his
official capacity, a decree is passed against the Union of India or a State
or, as the case may be, the public officer, such decree shall not be
executed except in accordance with the provisions of sub-section
(2)].(2) Execution shall not be issued on any such decree unless it
remains unsatisfied for the period of three months computed from the
date of2[such decree].3[(3) The provisions of sub-sections (1) and (2)
shall apply in relation to an Order or award as they apply in relation to a
decree, if the Order or award-(a) is passed or made against 4[the Union
of India] or a State or a public officer in respect of any such act as
aforesaid, whether by a Court or by any other authority; and(b) is
capable of being executed under the provisions of this Code or of any
 other law for the time being in force as if it were a decree.]1. Subs, by
Act No. 104 of 1976 for sub-section (1) (w.e.f. 1-2-1977).2. Subs, by Act
No. 104 of 1976 for "such report" (w.e.f. 1-2-1977).3. Ins. by Act 32 of
1949, sec. 2.4. Subs. by the A.O. 1950, for "the Dominion of India".

CPC Section 83 - When Alien enemies residing in India with the permission of the Central
aliens may sue. Government, and alien friends, may sue in any Court otherwise
competent to try the suit, as if they were citizens of India, but alien
enemies residing in India without such permission, or residing in a
foreign country, shall not sue in any such court.Explanation-Every
person residing in a foreign country, the Government of i which is at
war with India and carrying on business in that country without a
licence in that behalf granted by the Central Government, shall, for the
purpose of this section, be deemed to be an alien enemy residing in a
foreign country.

CPC Section 84 - When A foreign State may sue in any competent Court:Provided that the
foreign State may sue. object of the suit is to enforce a private right vested in the Ruler of such
State or in any officer of such State in his public capacity.

CPC Section 85 - (1) The Central Government may, at the request of the Ruler of a
Persons specially foreign State or at the request of any person competent in the opinion
appointed by of the Central Government to act on behalf of such Ruler, by Order,
Government to appoint any persons to prosecute or defend any suit on behalf of such
prosecute or defend on Ruler, and any persons so appointed shall be deemed to be the
behalf of foreign Rulers. recognized agents by whom appearances, acts and applications under
this Code may be made or done on behalf of such Ruler.(2) An
appointment under this section may be made for the purpose of a
specified suit or of several specified suits, or for the purpose of all such
suits as it may from time to time be necessary to prosecute or defend
on behalf of such Ruler.(3) A person appointed under this section may
authorise or appoint any other persons to make appearances and
applications and do acts in any such suit or suits as if he were himself a
party thereto.
CPC Section 86 - Suits (1) No [* * * *]1 foreign State may be sued in any Court otherwise
against foreign Rulers, competent to try the suit except with consent of the Central
Ambassadors and Government certified in writing by a Secretary to that
Envoys. Government:Provided that a person may, as a tenant of immovable
property sue without such consent as aforesaid 2[a foreign State] from
whom he holds or claims to hold the property.(2) Such consent may be
given with respect to a specified suit or to several specified suits or with
respect to all suits of any specified class or classes, and may specify, in
the case of any suit or class of suits, the Court in which 3[the foreign
State] may be sued, but it shall to be given, unless it appears to the
Central Government that 3[the foreign State].(a) has instituted a suit in
the Court against the person desiring to sue 4[it], or(b) 5[itself] or
another, trades within the local limits of the jurisdiction of the Court,
or(c) is in possession of immovable property situate within those limits
and is to be sued with reference to such property or for money charged
thereon, or(d) has expressly or impliedly waived the privilege accorded
to 4[it] by this section.6[(3) Except with the consent of the Central
Government, certified in writing by a Secretary to that government, no
decree shall be executed against the property of any foreign State.](4)
The proceeding provisions of this section shall apply in relation to -7[(a)
any Ruler of a foreign State;]8[(aa)] any ambassador or Envoy of a
foreign State ;(b) any High Commissioner of a Commonwealth country;
and(c) any such member of the staff 9[of the foreign State or the staff
or retinue of the Ambassador] or Envoy of a foreign State or of the High
Commissioner of a Commonwealth country as the Central Government
may, by general or special Order, specify in this behalf.10[as they apply
in relation to a foreign State].7[(5) the following persons shall not be
arrested under this Code, namely : -(a) any ruler of a foreign State;(b)
any Ambassador or Envoy of a foreign State;(c) any High Commissioner
of a Commonwealth country;(d) any such member of the staff of the
foreign State or the staff or retinue of the Ruler, Ambassador or Envoy
of a foreign State or of the High Commissioner of a Commonwealth
country, as the Central Government may, by general or special Order,
specify in this behalf.(6) Where a request is made to the Central
Government for the grant of any consent referred to in sub-section (1),
the Central Government shall, before refusing to accede to the request
in whole or in part, give to the person making the request a reasonable
opportunity of being heard.]1. The words "Ruler of a" omitted by Act
No. 104 of 1976, sec. 29 (w.e.f. 1-2-1977).2. Subs, by Act No. 104 of
1976, sec. 29, for "a Ruler" (w.e.f. 1-2-1977).3. S ubs. by Act No. 104 of
1976, sec. 29, for "the Ruler" (w.e.f. 1 -2-1977).4. Subs, by Act No. 104
of 1976, sec. 29, for "him" (w.e.f. 1-2-1977).5. Subs, by Act No. 104 of
1976, sec. 29, for "himself (w.e.f. 1- 2-1977).6. Subs, by Act No. 104 of
1976, sec. 29, for sub-section (3) (w.e.f. 1-2-1977).7. Ins. by Act No. 104
of 1976, sec. 29 (w.e.f. 1-2-1977).8. Cl. (a) re-lettered as cl. (aa) by Act
No. 104 of 1976, sec. 29, (w.e.f. 1-2-1977).9. Subs, by Act No. 104 of
1976, sec. 29, for "or retinue of the Ruler, Ambassador" (w.e.f. 1-2-
 1977).10. Subs, by Act No. 104 of 1976, sec. 29, for "as they apply in
relation to the Ruler of a foreign State" (w.e.f. 1-2-1977).

CPC Section 87 - Style of The Ruler of a foreign State may sue, and shall be sued, in the name of
foreign Rulers as parties his State:Provided that in giving the consent referred to in section 86,
to suits. the Central Government may direct that the Ruler may be sued in the
name of an agent or in any other name.

CPC Section 87A - (1) In this Part,-(a) "foreign State" means any State outside India which
Definitions of "foreign has been recognised by the Central Government; and(b) "Ruler", in
State" and "Ruler". relation to a foreign State, means the person who is for the time being
recognized by the Central Government to be the head of that State.(2)
Every Court shall take judicial notice of the fact -(a) that a state has or
has not been recognized by the Central Government;(b) that a person
has or has not been recognized by the Central Government to be the
head of a State.

CPC Section 87B - 1[(1) In the case of any suit by or against the Ruler of any former Indian
Applications of sections State which is based wholly or in part upon a cause of action which
85 and 86 to Rulers of arose before the commencement of the Constitution or any
former Indian States. proceedings arising out of such suit, the provisions of section 85 and
sub-sections (1) and (3) of section 86 shall apply in relation to such
Ruler as they apply in relation to the Ruler of a foreign State].](2) In this
section-(a) "former Indian State" means any such Indian State as the
Central Government may, by notification in the Official Gazette, specify
for the purposes of this;2[***]3[(b) "commencement of the
Constitution" means the 26th day of January, 1950; and(c) "Ruler" in
relation to a former Indian State, has the same meaning as in article
363 of the Constitution.]1. Subs. by Act 54 of 1972, sec. 3, for sub-
section (1) (w.e.f. 9-9-1972).2. The word "and" omitted by Act 54 of
1972, sec. 3 (w.e.f. 9-9-1972).3. Subs. by Act 54 of 1972, sec. 3, for
clause (b) (w.e.f. 9-9-1972).
CPC Section 88 - Where Where two or more persons claim adversely to one another the same
interpleader suit may debts, sum of money or other property, movable or immovable, from
be reinstituted. another person, who claims no interest therein other than for charges
or costs and who is ready to pay or deliver it to the rightful claimant
such other person may institute a suit of interpleader against all the
claimants for the purpose of obtaining a decision as to the person to
whom the payment or delivery shall be made and of obtaining
indemnity for himself:Provided that where any suit is pending in which
the rights of all parties can properly be decided, no such suit of
interpleader shall be instituted.

CPC Section 89 - 1[.(1) Where it appears to the court that there exist elements of a
Settlement of disputes settlement which may be acceptable to the parties, the court shall
outside the Court formulate the terms of settlement and give them to the parties for their
observations and after receiving the observation of the parties, the
court may reformulate the terms of a possible settlement and refer the
same for-(a) arbitration;(b) conciliation(c) judicial settlement including
settlement through Lok Adalat; or(d) mediation.(2) Where a dispute
had been referred-(a) for arbitration or conciliation, the provisions of
the Arbitration and Conciliation Act, 1996 shall apply as if the
proceedings for arbitration or conciliation were referred for settlement
under the provisions of that Act.(b) to Lok Adalat, the court shall refer
the same to the Lok Adalat in accordance with the provisions of sub-
section (1) of section 20 of the Legal Services Authority Act, 1987 and
all other provisions of that Act shall apply in respect of the dispute so
referred to the Lok Adalat;(c) for judicial settlement, the court shall
refer the same to a suitable institution or person and such institution or
person shall be deemed to be a Lok Adalat and all the provisions of the
Legal Services Authority Act, 1987 shall apply as if the dispute were
referred to a Lok Adalat under the provisions of that Act;(d) for
mediation, the court shall effect a compromise between the parties and
shall follow such procedure as may be prescribed.]1. Sec. 89 was
repealed by Act 10 of 1940, sec. 49 and Sch. II and again added by Act
No. 46 of 1999, section 7 (w.e.f. 1-7-2002).

CPC Section 90 - Power Where any person agree in writing to state a case for the opinion of the
to state case for opinion Court, then the Court shall try and determine the same in the manner
of Court. prescribed.

CPC Section 91 - Public 1[Public nuisances and other wrongful acts affecting the public][(1) in
nuisances and other the case of a public nuisance or other wrongful act affecting, or likely to
wrongful acts affecting affect, the public, a suit for a declaration and injunction or for such
the public. other relief as may be appropriate in the circumstances of the case,
may be instituted,-(a) by the Advocate General, or(b) with the leave of
the Court, by two or more persons, even though no special damage has
been caused to such persons by reason of such public nuisance or other
wrongful act.](2) Nothing in this section shall be deemed to limit or
otherwise affect any right of suit which may exist independently of its
 provisions.1. Subs. by Act No. 104 of 1976, sec. 30 for the former
heading (w.e.f. 1-2-1977).

CPC Section 92 - Public 1[Public charities.(1) In the case of any alleged breach of any express or
charities. constructive trust created for public purposes of a charitable or
religious nature, or where the direction of the Court is deemed
necessary for the administration of any such trust, the Advocate-
General, or two or more persons having an interest in the trust and
having obtained the 2[leave of the Court] may institute a suit, whether
contentious or not, in the principal Civil Court of original jurisdiction or
in any other Court empowered in that behalf by the State Government
within the local limits of whose jurisdiction the whole or any part of the
subject-matter of the trust is situate to obtain a Aectee,-(a) removing
any trustee;(b) appointing a new trustee;(c) vesting any property in a
trustee;3[(cc) directing a trustee who has been removed or a person
who has ceased to be a trustee, to deliver possession of any trust
property in his possession to the person entitled to the possession of
such property];(d) directing accounts and inquires;(e) declaring what
proportion of the trust property or of the interest therein shall be
allocated to any particular object of the trust;(f) authorizing the whole
or any part of the trust property to be let, sold, mortgaged or
exchanged;(g) settling a scheme; or(h) granting such further or other
relief as the nature of the case may require.(2) Save as provided by the
Religious Endowments Act, 1863 (20 of 1863) 4[or by any
corresponding law in force in 5[the territories which, immediately
before the 1st November, 1956, were comprised in Part B States]], no
suit claiming any of the reliefs specified in sub-section (1) shall be
instituted in respect of any such trust as is therein referred to except in
conformity with provisions of that sub-section.6[(3) The Court may alter
the original purposes of an express or constructive trust created for
public purposes of a charitable or religious nature and allow the
property or income of such trust or any portion thereof to be applied cy
pres in one or more the following circumstances, namely :-(a) where
the original purposes of the trust, in whole or in part,-(i) have been, as
far as may be, fulfilled; or(ii) cannot be carried out at all, or cannot be
carried out according to the directions given in the instrument creating
the trust or, where there is no such instrument, according to the spirit
of the trust;(b) where the original purposes of the trust provide a use
for a part only of the property available by virtue of the trust; or(c)
where the property available by virtue of the trust and other property
applicable for similar purposes can be more effectively used in
conjunction with, and to that end can suitably be made applicable to
any other purpose, regard being had to the spirit of the trust and its
applicability to common purposes; or(d) where the original purposes, in
whole or in part, were laid down by reference to an area which then
was, but has since ceased to be, a unit for such purposes; or(e) where
the original purposes, in whole or in part, have, since they were laid
 down,-(i) been adequately provided for by other means, or(ii) ceased,
as being useless or harmful to the community, or(iii) ceased to be, in
law, charitable, or(iv) ceased in any other way to provide a suitable and
effective method ofusing the property available by virtue of the trust,
regard being had to the spirit of the trust.]]STATE AMENDMENTUttar
Pradesh-After clause (b) of sub-section (1) of section 92 insert the
following: "(bb) for delivery of possession of any trust property against
a person who has ceased to be trustee or has been removed."[Vide U.P.
Act No. 24 of 1954, sec. 2 and Sch., Item 5, Entry 5 (w.e.f. 30-11-
1954).]COMMENTS(i) Suit against the appointment of trustees?Held,
court cannot enquire whether the trustees were validly appointed
under provisions of section 92; Duttgir Mahant v. Rishi Ram, AIR 1993
P&H 231: 1993(1) Cur LJ 209: (1993) 1 Pun LR 95.(ii) Sale of property of
religious and charitable endowments by private negotiation should not
be permitted by court unless justified by special reasons; R. Venugopala
Naidu v. Venkatarayulu Naidu Charities, AIR 1990 SC 444.1. Section 92
shall not apply to any religious trust in Bihar.2. Subs. by Act No. 104 of
1976 for "consent in writing of the Advocate-General" (w.e.f. 1-2-
1977).3. Ins. by Act 66 of 1956, sec. 9 (w.e.f. 1-1-1957).4. Ins. by Act 2 of
1951, sec. 13 (1-4-1951).5. Subs. by the Adaptation of Laws (No. 2)
Order, 1956, for "a Part B State".6. Ins. by Act No. 104 of 1976, sec. 31
(w.e.f. 1-2-1977).

CPC Section 93 - The powers conferred by sections 91 and 92 on the Advocate-General

Exercise of powers of may, outside the presidency-towns, be, with the previous sanction of
Advocate-General the State Government, exercised also by the Collector or by such officer
outside presidency- as the State Government may appoint in this behalf.
towns.

CPC Section 94 - In Order to prevent the ends of justice from being, defeated the Court
Supplemental may, if it is so prescribed,-(a) issue a warrant to arrest the defendant
Proceedings. and bring him before the Court to show cause why he should not give
security for his appearance, and if he fails to comply with any Order for
security commit him so the civil prison;(b) direct the defendant to
furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or Order the attachment of any
property;(c) grant a temporary injunction and in case of disobedience
commit the person guilty thereof to the civil prison and Order that his
property be attached and sold;(d) appoint a receiver of any property
and enforce the performance of his duties by attaching and selling his
property;(e) make such other interlocutory Orders as may appear to the
Court to be just and convenient.COMMENTS(i) Provisional admission in
post?graduate medical course should not be normally granted in
absence of special reason; U.P. Junior Doctors? Action Committee v. Dr.
B. Sheetal Nandwani, AIR 1992 SC 671.(ii) Supreme Court will abstain
from passing interlocutory Order if it has effect or tend to be
susceptible of an inference of pre-judging some important and delicate
 issue in main matter; Sub?Committee of Judicial Accountability v. Union
of India, AIR 1992 SC 63.

CPC Section 95 - Where, in any suit in which an arrest or attachment has been effected
Compensation for or a temporary injunction granted under the last preceding section,-(a)
obtaining arrest, it appears to the Court that such arrest, attachment or injunction was
attachment or applied for on insufficient grounds, or(b) the suit of the plaintiff fails
injunction on and it appears to the Court that there was no reasonable or probable
insufficient grounds. grounds for instituting the same,the defendant may apply to the Court,
and the Court may, upon such application, award against the plaintiff by
its Order such amount,1[not exceeding fifty thousand rupees], as it
deems a reasonable compensation to the defendant for the 2[expense
or injury (including injury to reputation) caused to him];Provided that a
Court shall not award, under this section, an amount exceeding the
limits of its peculiar jurisdiction.(2) An Order determining any such
application shall bar any suit for compensation in respect of such arrest,
attachment or injunction.1. Subs, by Act No. 46 of 1999, section 8 for
"not exceeding one thousand rupees" (w.e.f. 1 -7-2002).2. Subs. by Act
No. 104 of 1976, sec. 32 for "expense or injury caused to him" (w.e.f. 1-
2- 1977).

CPC Section 96 - Appeal (1) Save where otherwise expressly provided in the body of this Code or
from original decree. by any other law for the time being in force, an appeal shall lie from
every decree passed by any Court exercising original jurisdiction the
Court authorized to hear appeals from the decisions of such Court.(2)
An appeal may lie from an original decree passed ex pane.(3) No appeal
shall lie from a decree passed by the Court with the consent of
parties.1[(4) No appeal shall lie, except on a question of law, from a
decree in any suit of the nature cognisable by Courts of Small Cause,
when the amount or value of the subject-matter of the original suit
does not exceed 2[ten thousand rupees].]COMMENTS(i) When an ex
parte decree is passed the defendant has two clear options. One to file
an appeal and another to file an application under O. 9, R. 13 to set
aside the Order. Once application under O. 9, R. 13 is dismissed, he
cannot by filing first appeal dispute the correctness of Order posting
suit for ex parte hearing or show cause for his non-appearance; Bhanu
Kumar Jain v. Archana Kumar, AIR 2005 SC 626.(ii) The subsequent
events in first and second appeals cannot be taken indiscriminately into
account. It may be permitted to be taken into account by appellate
court by means of amendment of pleadings, in Order to avoid
multiplicity of proceedings but not where such amendment could cause
prejudice to vested right of plaintiff and render him remedied; Shyam
Sunder v. Ram Kumar, (2001) 8 SCC 24.(iii) New plea relating to question
of fact cannot be allowed to be raised for the first time before the Ist
appellate court; K. Shivalingaiah v. B.V. Chandra Shekara Gowda, AIR
 1993 Kant 29: 1992 (2) Kant LJ 536: ILR (Kar) (1992) 1996.1. Ins. by Act
No. 104 of 1976, sec. 33 (w.e.f. 1-2-1977).2. Subs. by Act No. 46 of
1999, section 9 for "three thousand rupees" (w.e.f. 1-7-2002).

CPC Section 97 - Appeal Where any party aggrieved by a preliminary decree passed after the
from final decree where commencement of this Code does not appeal from such decree, he
no appeal from shall be precluded from disputing its correctness in any appeal which
preliminary decree. may be preferred from the final decree.

CPC Section 98 - (1) Where an appeal is heard by a Bench of two or more Judges, the
Decision where appeal appeal shall be decided in accordance with the opinion of such Judges
heard by two or more or of the majority (if any) of such Judges.(2) Where there is no such
Judges. majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :Provided that where
the Bench hearing the appeal is 1[composed of two or other even
number of Judges belonging to a Court consisting of more Judges than
those constituting the Bench] and the Judges composing the Bench
differ in opinion on a point of law, they may state the point of law upon
which they differ and the appeal shall then be heard upon that point
only by one or more of the other Judges, and such point shall be
decided according to the opinion of the majority (if any) of the Judges
who have heard the appeal including those who first heard it.2[(3)
Nothing in this section shall be deemed to alter or otherwise affect any
provision of the letters patent of any High Court.]COMMENTSReference
for opinion is permissible only if the judges who have heard the case
have not pronounced their final judgments; Nirmal Swaran Singh v.
Rozu?ud?din, AIR 1993 All 121.1. Subs, by Act No. 104 of 1976, sec. 34
for certain words (w.e.f. 1-2-1977).2. Ins. by Act 18 of 1928, sec. 2 and
Sch. I.

CPC Section 99 - No No decree shall be reversed or "substantially varied, nor shall any case
decree to be reversed be remanded in appeal on account of any mis joinder 1[or non-joinder]
or modified for error or of parties or causes of action or any error, defect or irregularity in any
irregularity not affecting proceedings in the suit, not affecting the merits of the case or the
merits or jurisdiction. jurisdiction of the Court.1[Provided that nothing in this section shall
apply to non-joinder of a necessary party.]1. Ins. by Act. No. 104 of
1976, sec. 35 (w.e.f. 1-2-1977).

CPC Section 99A - No 1[Without prejudice to the generality of the provisions of section 99, no
Order under section 47 Order under section 47 shall be reversed or substantially varied, on
to be refused or account of any error, defect or irregularity in any proceeding relating to
modified unless such Order, unless such error, defect or irregularity has prejudicially
decision of the case is affected the decision of the case.]1. Ins. by Act. No. 104 of 1976, sec. 36
prejudicially affected. (w.e.f. 1-2-1977).

CPC Section 100 - 1[100. Second appeal(1) Save as otherwise expressly provided in the
Second appeal. body of this Code or by any other law for the time being in force, an
appeal shall lie to the High Court from every decree passed in appeal by
any Court subordinate to the High Court, if the High Court is satisfied
that the case involves a substantial question of law.(2) An appeal may
lie under this section from an appellate decree passed exparte.(3) In an
appeal under this section, the memorandum of appeal shall precisely
state the substantial question of law involved in the appeal.(4) Where
the High Court is satisfied that a substantial question of law is involved
in any case, it shall formulate that question.(5) The appeal shall be
heard on the question so formulated and the respondent shall, at the
hearing of the appeal, be allowed to argue that the case does not
involve such question :Provided that nothing in this sub-section shall be
deemed to take away or abridge the power of the Court to hear, for
reasons to be recorded, the appeal on any other substantial question of
law, not formulated by it, if it is satisfied that the case involves such
question.]COMMENTS(i) The scope of exercise of the jurisdiction by the
High Court in second appeal under section 100 is limited to the
substantial question of law. To be a substantial question of law must be
debatable, not previously settled by law of the land or a binding
precedent and answer to the same will have a material bearing as to
the rights of parties before the Court; Govindaraja v. Mariamman, AIR
2005 SC 1008.(ii) The High Court was not justified in setting aside the
concurrent finding of fact on sub-letting and nuisance without
formulating any substantial question of law; Hari Singh v. Kanhaiya Lal,
AIR 1999 SC 3325.(iii) The High Court, in second appeal is not justified
in setting aside a mixed question of law and fact; Ram Kumar Agarwal v.
Thawar Dass (dead) by LR, AIR 1999 SC 3248.(iv) The High Court, should
not interfere with the concurrent finding of fact in a routine and casual
manner by substituting its subjective satisfaction in place of lower
courts; Karnataka Board of Wakf v. Anjuman-E-Ismail Madris-un-
Niswan, AIR 1999 SC 3067.(v) Where the first appellate court has
assumed jurisdiction which did not vest in it, the same can be
adjudicated in second appeal, treating as substantial question of law;
Kondiba Dagadu Kadam v. Savitribai Sopan Gujar, AIR 1999 SC 2213.(vi)
The findings of fact arrived by the courts below are binding in second
appeal; Smt. Bismillah Begum (dead) by LRs v. Rahmatullah Khan (dead)
by LRs, AIR 1998 SC 970.(vii) Conclusion about limitation is a finding of
fact and is not open for interference in the second appeal; Smt.
Saraswatidevi v. Krishnaram Baldeo Bank Limited, AIR 1998 MP 73.(viii)
Once the evidence on which the courts of fact have acted was
admissible and relevant, party cannot be allowed to raise that said
evidence is insufficient to justify the finding of facts in second appeal;
Ramanuja Naidu v. Kanniah Naidu, JT 1996(3) SC 164.(ix) Second
Appeal?Interference with the factual finding is permissible only if the
 said finding is unreasonable; Sadhu Mehar v. Rajkumar Patel, AIR 1994
Ori 26.(x) Second Appeal?Interference with factual findings recorded by
the court below is permissible in cases of non?consideration of relevant
evidence; Nalini v. Padmanabhan Krishnan, AIR 1994 Ker 14.(xi)
Question of fact can not be allowed to be raised in second appeal;
Prabhu Dayal v. Suwa Lal, AIR 1994 Raj 149.(xii) Interference with
finding of fact is permissible if the court below ignored weight of
evidence on record altogether; Ajab Singh v. Shital Puri, AIR 1993 All
138: 1993 All LJ 548.(xiii) Erroneous application of law?Second appeal is
maintainable If it raises a substantial question; Ratanlal Bansilal v.
Kishorilal Goenka, AIR 1993 Cal 144: 1993(1) Cal HN 307: 1993 (1) Cal LJ
193.(xiv) Interpretation of the contract involves a substantial question
of law. It can be examined in second appeal; Smt. Vidya Wati through
her LRs. v. Hans Raj through his L.Rs., AIR 1993 Del 187: 1993 Rajdhani
LR 274.(xv) Perverse finding recorded by the court below?Second
appeal is maintainable; Ratanlal Bansilal v. Kishorilal Goenka, AIR 1993
Cal 144: 1993 (1) Cal HN 307: 1993 (1) Cal LJ 193.(xvi) Factual finding
based on no evidence?Second appeal is maintainable; Ratanlal Bansilal
v. Kishorilal Goenka, AIR 1993 Cal 144: 1993 (1) Cal HN 307: 1993(1) Cal
LJ 193.(xvii) Finding of fact recorded by the first appellate court cannot
be interfered with in second appeal unless perverse; Padmashree S.N.
Swamy v. Smt. Gowramma, AIR 1993 Kant 208: 1992 (3) Kant LJ 244:
1993 (2) APLJ 18.(xviii) Finding of fact cannot be questioned in second
appeal; Ramaswamy Kalingaryar v. Mathayan Padayachi, AIR 1992 SC
115.(xix) In absence of substantial question of law on current finding of
facts it cannot be interfered with in second appeal; Kehar Singh v. Yash
Pal, AIR 1990 SC 2212.1. Subs, by Act No. 104 of 1976, sec. 37 for
Section 100 (w.e.f. 1-2-1977).

CPC Section 100A - No 1[Notwithstanding anything contained in any Letters Patent for any
further appeal in High Court or in any other instrument having the force of law or in any
certain cases. other law for the time being in force, where any appeal from an original
or appellate decree or Order is heard and decided by a single Judge of a
High Court, no further appeal shall lie from the judgment and decree of
such single Judge.]1. Section 100A ins. by Act 104 of 1976, sec. 38
(w.e.f. 1-2-1977) and substituted by Act No. 46 of 1999, section 10 and
now further has been substituted by Act No. 22 of 2002, section 4
(w.e.f. 1-7-2002).

CPC Section 101 - No second appeal shall lie except on the ground mentioned in section
Second appeal on no 100.
other grounds.

CPC Section 102 - No 1[No second appeal shall lie from any decree, when the subject matter
second appeal in of the original suit is for recovery of money not exceeding twenty-five
certain cases. thousand rupees".]1. Section 102 was substituted by Act No. 46 of
1999, section 11 and now further substituted by Act No. 22 of 2002,
section 5 (w.e.f. 1-7-2002).
CPC Section 103 - 1[In any second appeal, the High Court may, if the evidence on the
Power of High Court to record is sufficient, determine any issue necessary for the disposal of
determine issues of the appeal,-(a) which has not been determined by the lower Appellate
fact. Court or both by the Court of first instance and the lower Appellate
Court, or(b) which has been wrongly determined by such Court or
Courts reason of a decision on such question of law as is referred to in
section 100.]1. Subs, by Act No. 104 of 1976, sec. 40 for section 103
(w.e.f. 1-2- 1977).

CPC Section 104 - (1) An appeal shall lie from the following Orders, and save as otherwise
Orders from which expressly provided in the body of this Code or by any law for the time
appeal lies. being in force, from no other Orders:-1[***]2[(ff) an Order under
section 35A;]3[(ffa) an Order under section 91 or section 92 refusing
leave to institute a suit of the nature referred to in section 91 or section
92, as the case may be;](g) an Order under section 95;(h) an Order
under any of the provisions of this Code imposing a fine or directing the
arrest or detention in the civil prison of any person except where such
arrest or detention is in execution of a decree;(i) any Order made under
rules from which an appeal is expressly allowed by rules;2[Provided
that not appeal shall lie against any Order specified in clause (ff) save
on the ground that no Order, or an Order for the payment of a less
amount, ought to have been made.](2) No appeal shall lie from any
Order passed in appeal under this section.1. Clauses (a) to (f) omitted
by Act 10 of 1940, sec. 49 and Sch. III.2. Ins. by Act 9 of 1922, sec. 3.3.
Ins. by Act No. 104 of 1976, sec. 41 (w.e.f. 1-2-1977).

CPC Section 105 - Other (1) Save as otherwise expressly provided, no appeal shall lie from any
Orders. Order made by a Court in the exercise of its original or appellate
jurisdiction; but. where a decree is appealed from, any error, defect or
irregularity in any Order, affecting the decision of the case, may be set
forth as ground of objection in the memorandum of appeal.(2)
Notwithstanding anything contained in sub-section (1), where any party
aggrieved by an Order of remand 1[*****] from which an appeal lies
does not appeal therefrom, he shall thereafter be precluded from
disputing its correctness.1. The words "made after the commencment
of this Code" omitted by Act No. 104 of 1976, sec. 42 (w.e.f. 1-2-1977).

CPC Section 106 - What Where an appeal from any Order is allowed it shall lie to the Court to
Courts to hear appeals. which an appeal would lie from the decree in the suit in which such
Order was made, or where such Order is made by a Court (not being a
High Court) in the exercise of appellate jurisdiction, then to the High
Court.

CPC Section 107 - (1) Subject to such conditions and limitations as may be prescribed, an
Powers of Appellate Appellate Court shall have power-(a) to determine a case finally;(b) to
Court. remand a case;(c) to frame issues and refer them for trial;(d) to take
additional evidence or to require such evidence to be taken.(2) Subject
as aforesaid, the Appellate Court shall have the same powers and shall
perform as nearly as may be the same duties as are conferred and
 imposed by this Code on Courts of original jurisdiction in respect of
suits instituted therein.COMMENTSNeither the issue framed nor
evidence led in trial court in respect of mixed question of fact and law.
New plea raised before the Supreme Court not permissible on the
ground that the establishment of fact by evidence for decision is
necessary; Vasantha Viswanathan v. V.K. Elayalwar, (2001) 8 SCC 133.

CPC Section 108 - The provisions of this Part relating to appeals from original decree shall,
Procedure in appeals so far as may be, apply to appeals-(a) from appellate decrees, and(b)
from appellate decrees from Orders made under this Code or under any special or local law in
and Orders. which a different procedure is not provided.

CPC Section 109 - When 1[Subject to the provisions in Chapter IV of Part V of the Constitution
appeals lie to the and such rules as may, from time to time, be made by the Supreme
Supreme Court. Court regarding appeals from the Courts of India, and to the provisions
hereinafter contained, an appeal shall lie to the Supreme Court from
any judgment, decree or final Order in a civil proceeding of a High
Court, if the High Court certifies-(i) that the case involves a substantial
question of law of general importance; and(ii) that in the opinion of the
High Court the said question needs to be decided by the Supreme
Court.]1. Subs. by Act 46 of 1973, sec. 2, for section 109 (w.e.f. 29-11-
1973).

CPC Section 110 - Value Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of
of subject matters. 1973), sec. 3.

CPC Section 111 - Bar of Rep. by the A.O. 1950.

certain appeals.

CPC Section 111A - 1[Rep. by the Federal Court Act, 1941 (21 of 1941), sec. 2.]1. Ins. by the
Appeals to Federal A.O. 1937
Court.

CPC Section 112 - 1[(1) Nothing contained in this Code shall be deemed-(a) to affect the
Savings. powers of the Supreme Court under Article 136 or any other provision
of the Constitution, or(b) to interfere with any rules made by the
Supreme Court, and for the time being in force, for the presentation of
appeals to that Court, or their conduct before that Court.](2) Nothing
herein contained applies to any matter of criminal or admiralty or vice-
admiralty jurisdiction or to appeals from Orders and decrees of Prize
Courts.1. Subs. by the A.O. 1950, for sub-section (1).
CPC Section 113 - Subject to such conditions and limitations as may be prescribed, any
Reference to High Court Court may state a case and refer the same for the opinion of the High
Court, and the High Court may make such Order thereon as it thinks
fit:1[Provided that where the Court is satisfied that a case pending
before it involve; a question as to the validity of any Act, Ordinance or
Regulation or of any provision contained in an Act, Ordinance or
Regulation, the determination of which ii necessary for the disposal of
the case, and is of opinion that such Act, Ordinance Regulation or
provision is invalid or inoperative, but has not been so declared b; the
High Court to which that Court is subordinate or by the Supreme Court,
the Court shall state a case setting out its opinion and the reasons
therefore, and refer the same for the opinion of the High
Court.Explanation.-In this section "Regulation" means any Regulation of
the Bengal Bombay or Madras Code or Regulation as defined in the
General Clauses Act, 1897 (10 of 1897) or in the General Clauses Act of
a State.]STATE AMENDMENTSAndhra Pradesh-In the Explanation to
section 113 after the words "any Regulation of the Bengal, Bombay or
Madras Code" insert the words "or any Regulation of the Madras Code
in force, in the State of Andhra as it existed immediately before the 1st
Nov. 1956".[Vide Andhra Pradesh Adoption of Laws (Second
Amendment) Orders, 1954 (w.e.f. 1-10-1953) and Andhra Pradesh A.L.
(Amendment) Order 1957 (w.e.f. 1-11-1956).]Tamil Nadu-In the
Explanation to section 113 after the words "any Regulation of the
Bengal, Bombay or Madras Code" insert the words "or any Regulation
of the Madras Code in force in the territories specified in Second
Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries)
Act, 1959."[Vide Madras (Added Territories) Adaptation of Laws Order,
1961 (w.e.f. 1-4-1960).]1. Added by Act 24 of 1951, sec. 2 (w.e.f. 1-4-
1951).

CPC Section 114 - Subject as aforesaid, any person considering himself aggrieved-(a) by a
Review. decree or Order from which an appeal is allowed by this Code, but from
which no appeal has been preferred,(b) by a decree or Order from
which no appeal is allowed by this Court, or(c) by a decision on a
reference from a Court of Small Causes, may apply for a review of
judgment to the Court which passed the decree or made the Order, and
the Court may make such Order thereon as it thinks fit.Comments(i)
Subsequent event may be taken into consideration by the Court, while
exercising review jurisdiction; Board of Control of Cricket in India v.
Netaji Cricket Club, AIR 2005 SC 592.(ii) The review petition was filed
well within the time and since to review petition was not being decided
by the High Court, the appellant filed the special leave petition against
main judgment of High Court. Hence the Supreme Court overruled the
contention that earlier special leave petition filed by appellant having
been dismissed by the Supreme Court the second SLP was not
maintainable being barred by the principle of res judicata; K. Rajamouli
v. A.V.K.N. Swamy, AIR 2001 SC 2316.
CPC Section 115 - 1[(1)] The High Court may call for the record of any case which has
Revision. been decided by any Court subordinate to such High Court and in which
no appeal lies thereto, and if such subordinate Court appears-(a) to
have exercised a jurisdiction not vested in it by law, or(b) to have failed
to exercise a jurisdiction so vested, or(c) to have acted in the exercise of
its jurisdiction illegally or with material irregularity,the High Court may
make such Order in the case as it thinks fit:2[Provided that the High
Court shall not, under this section, vary or reverse any Order made, or
any Order deciding an issue, in the course of a suit or other proceeding,
except where the Order, if it had been made in favour of the party
applying for revision, would have finally disposed of the suit or other
proceedings.]3[(2) The High Court shall not, under this section, vary or
reverse any decree or Order against which an appeal lies either to the
High Court or to any Court subordinate thereto.]4[(3) A revision shall
not operate as a stay of suit or other proceeding before the , Court
except where such suit or other proceeding is stayed by the High
Court.]3[Explanation.-In this section, the expression "any case which
has been decided" includes any Order made, or any Order deciding an
issue in the course of a suit or other proceeding.]STATE
AMENDMENTSMadhya Pradesh-For Section 115 of the principal Act,
the following Section substituted."-The High Court may call for the
record of any cases which has been decided by any Court subordinate
to such High Court and in which no appeal lies thereto, and if such
subordinate Court appears-(a) to have exercised a jurisdiction not
vested in it by law; or(b) to have failed to exercise a jurisdiction so
vested; or(c) to have acted in the exercise of its jurisdiction illegally or
with material irregularity, the High Court may make such Order in the
case as it thinks fit;Provided that the High Court shall not, under this
section, vary or reverse any Order made or any Order deciding an issue,
in the course of a suit or other proceedings except where:-(a) the Order,
if it had been made in favour of the party applying for the revision,
would have finally disposed of the suit or proceeding; or(b) the Order, if
allowed to stand, would occasion a failure of justice or cause
irreparable injury to the party against whom it was made.(2) The High
Court shall not, under this section, vary or reverse any decree or Order
against which an appeal lies either to the High Court or to any court
subordinate thereto.Explanation.-In this section, the expression "any
case which has been decided" includes any Order made, or any Order
deciding an issue in the course of a suit or other proceeding."[Vide M.P.
Act 4 of 1994, sec. 2 (w.e.f. 15-3-1994).]Orissa.-In its application to the
State of Orissa, for section 115, substitute the following:-"-The High
Court, in eases arising out of original suits or other proceedings of the
value exceeding one lakh rupees, and the District Court, in any other
case, including a case arising out of an original suit or other
proceedings instituted before the commencement of the Code of Civil
Procedure (Orissa Amendment) Act, 1991, may call for the record of
any case which has been decided by any Court subordinate to the High
Court or the District Court, as the case may be, and in which no appeal
lies thereto, and if such subordinate Court appears-(a) to have exercised
a jurisdiction not vested in it by law; or(b) to have failed to exercise a
jurisdiction so vested; or(c) to have acted in the exercise of its
jurisdiction illegally or with material irregularity, the High Court or the
District Court, as the case may be, may make such Order in the case as
it thinks fit;Provided that in respect of cases arising out of original suits
or other proceedings of any valuation decided by the District Court, the
High Court alone shall be competent to make an Order under this
section:Provided further that the High Court or the District Court shall
not, under this section, vary or reverse any Order, including an Order
deciding an issue, made in the course of a suit or other proceedings,
except where,-(i) the Order, if so varied or reversed, would finally
dispose of the suit or other proceedings; or(ii) the Order, if allowed to
stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made.Explanation.-In this section, the
expression "any case which has been decided" includes any Order
deciding an issue in the course of a suit or other proceeding."Saving:-
The amendment made this Act shall not effect the validity, invalidity,
effect or consequence of anything already done of suffered, or any
jurisdiction already exercised, and any proceeding instituted or
commenced in the High Court under section 115 of the Code of Civil
Procedure, 5 of 1908, prior to the commencement of this Act shall,
notwithstanding such amendment, continue to be heard and decided
by such Court."[Vide Orissa Act 26 of 1991, sec. 2 (w.e.f. 7-11-
1991).]Uttar Pradesh.-In its application to the State of Uttar Pradesh, for
section 115, substitute the following:-"115 Revision.-The High Court, in
cases arising out of original suits or other proceedings of the value
exceeding one lakh rupees or such higher amount not exceeding five
lakh rupees as the High Court may from time to time fix, by notification
published in the Official Gazette including such suits or other
proceedings instituted before the date of commencement of the U.P.
Civil Laws (Amendment) Act, 1991, or as the case may be, the date of
commencement of such notification and the District Court in any other
case, including a case arising out of an original suit or other
proceedings instituted before such date, may call for the record of any
case which has been decided by any Court subordinate to such High
Court or District Court, as the case may be, and in which no appeal lies
thereto, and if such subordinate Court appears-(a) to have exercised a
jurisdiction not vested in it by law; or(b) to have failed to exercise a
jurisdiction so vested; or(c) to have acted in the exercise of its
jurisdiction illegally or with material irregularity,the High Court or the
District Court, as the case may be, may make such Order in the case as
it thinks fit:Provided that in respect of cases arising out of original suits
or other proceedings of any valuation, decided by the District Court, the
High Court alone shall be competent to make an Order under this
section:Provided further that the High Court or the District Court shall
not, under this section, vary or reverse any Order including an Order
deciding an issue, made in the course of a suit or other proceeding,
except where,-(i) the Order, if so varied or reversed, would finally
dispose of the suit or other proceeding; or(ii) the Order, if allowed to
stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made:Provided also that where a
proceeding of the nature in which the District Court may call for the
record and pass Orders under this Section was pending immediately
before the relevant date of commencement referred to above, in the
High Court, such Court shall proceed to dispose of the
same.Explanation.-In this section, the expression "any case which has
been decided" includes any Order deciding an issue in the course of a
suit or other proceeding."Transitory Provisions:-Where a proceeding of
the nature in which District Court may call for the record and pass
Orders under section 115 of the said Code as substituted by this Act
was pending immediately before August 1, 1978.- (a) In the District
Court, such Court shall proceed to dispose of the same as if the
provisions of the same as if the provisions of this Act were in force at all
material times;(b) in the High Court, such Court shall proceed to
dispose of the same as if this Act has not come into force."[Vide U.P.
Acts 31 of 1978, Sections 3 and 5 (w.e.f. 1-8-1978) as amended by Uttar
Pradesh Act 17 of 1991, sec. 7 (w.e.f. 15-1-1991).]West Bengal-After
Section 115 of the Code the following section 115A inserted:"115A.
District Court's powers of revision-(1) A District Court may exercise all
or any of the power which may be exercised by the High Court under
section 115.(2) Where any proceedings by way of revision is
commenced before a District Court in pursuance of the provision of
sub-section (1), the provisions of section 115 shall, so for as may be,
apply to such proceeding and references to the said section 60 the High
Court shall be construed as reference to the District Court.(3) Where
any proceeding for revision is commenced before the District Court, the
decision of the District Court on such proceeding shall be final and no
further proceeding by way of revision shall be entertained by the High
Court or any other Court.(4) If any application for revision has been
made by any party either to the High Court under section 115 or to the
District Court under this section, no further application by the same
party shall be entertained by the other of them.(5) A Court of an
Additional Judge shall have and may exercise all the powers of a District
Court under this section in respect of any proceeding which may be
transferred to it by or under any general or special Order of the District
Court"[Vide West Bengal Act No. 15 of 1988, sec. 3 (w.e.f. 1-2-
1989).]COMMENTS(i) Order allowing proposed amendment would not
also come under clause (b) of section 115(1). Under revisional powers
of High Court this cannot be interfered with by High Court. Prem Bakshi
v. Dharam Dev, AIR 2002 SC 559.(ii) The objections filed by the
petitioners were under Order 21, rule 36 C.P.C. and the only remedy
against it is revision under section 115 C.P.C. The Appellate Authority
has rightly dismissed the appeal in limine as not maintainble; Naresh
Sharma v. Ramesh Chand, AIR 2000 HP 6.(iii) Revisional court ought to
consider and discuss evidence on which finding was based by lower
 authorities. Mere statement by Revisional court that there was
evidence to show that the bona fides of the landlord was proved is not
sufficient; K. Urmila v. Ram Kumar Verma, AIR 1998 SC 1188.(iv)
Revision against erroneous finding with regard to admissibility of
evidence was held to be competent; Kundan Mal v. Nand Kishore, AIR
1994 Raj 1.(v) Revisional jurisdiction of the High Court?Validity of an
Order can be examined even if no reason has been specified for Order
except exercise of power under a rule; Charles Mantosh v. Dalhousie
Institute, AIR 1993 Cal 232.(vi) Revision against an Order admitting
documents after arguments were over is not maintainable; Hemendra
Chaudhary v. M/s. Punjab National Bank, AIR 1993 All 49: 1993(21) All
LR 218: 1993 All LJ 76.(vii) Ex parte decree of ejectment?Revision
against?Death of one of the co-landlords during pendency of the
revision?No substitution?Held, revision would not abate; Ram Gopal
Sharma v. Ist Additional District Judge, Meerut, AIR 1993 All 124: 1992
All CJ 1026.(viii) Revisional court is not competent to reappreciate
evidence; Padartha Amat v. Siba Sahu, AIR 1993 Ori 92.(ix) Under
section 115 of the Code, the High Court connot reappreciate the
evidence and cannot set aside the concurrent findings of the Courts
below by taking a different view of the evidence. The High Court is
empowered only to interfare with the findings of fact if the findings are
perverse or there has been a non-appreciation or non-consideration of
the material evidence on record by the Courts below. Simply because
another view of the evidence may be taken is no ground by the High
Court to interfere in its revisional jurisdiction; Masjid Kacha Tank,
Nahan v. Tuffail Mohammed, AIR 1991 SC 455.1. Sec. 115 re-numbered
as sub-section (1) of that section by Act No. 104 of 1976, sec. 43 (w.e.f.
1-2-1977).2. Ins. by Act 104 of 1976, sec. 43 (w.e.f. 1-2-1977) and subs.
by Act 46 of 1999, sec. 12 (w.e.f. 1-7-2002).3. Ins. by Act No. 104 of
1976, sec. 43 (w.e.f. 1-2-1977).4. Ins. by Act No. 46 of 1999, section 12
(w.e.f. 1-7-2002).

CPC Section 116 - Part This Part applies only to High Courts 1[not being the Court of a Judicial
to apply only to certain Commissioner].1. Subs. by Act 2 of 1951, sec. 14, for "CHARTERED HIGH
High Courts. COURTS" (w.e.f. 1-4-1951).

CPC Section 117 - Save as provided in this Part or in Part X or in rules, the provisions of
Application of Code to this Court shall apply to such High Courts.
High Court.

CPC Section 118 - Where any such High Court considers it necessary that a decree passed
Execution of decree in the exercise of its original civil jurisdiction should be executed before
before ascertainment of the amount of the costs incurred in the suit can be ascertained by
costs. taxation, the Court may Order that the decree shall be executed
forthwith except as to so much thereof as relates to the costs;and, as to
so much thereof as relates to the costs, that the decree may be
executed as soon as the amount of the costs shall be ascertained by
taxation.
CPC Section 119 - Nothing in this Code shall be deemed to authorize any person on behalf
Unauthorized persons of another to address the Court in the exercise of its original civil
not to address Court. jurisdiction, or to examine witnesses, except where the Court shall have
in the exercise of the power conferred by its charter authorized him I so
to do, or to interfere with the power of the High Court to make rules
concerning I advocates, vakils and attorneys.

CPC Section 120 - (1) The following provisions shall not apply to the High Court in the
Provisions not exercise of its I original civil jurisdiction, namely, sections 16,17 and
applicable to High Court 20.1[***]1. Sub-section (2) rep. by Act 3 of 1909, sec. 127 and Sch. III.
in original civil
jurisdiction.

CPC Section 121 - Effect The rules in the First Schedule shall have effect as if enacted in the body
of rules in First of this Code until annulled or altered in accordance with the provisions
Schedule. of this Part.

CPC Section 122 - 1[High Courts 2[not being the Court of a Judicial Commissioner]] 3[***]
Power of certain High may, from time to time after previous publication, make rules regulating
Courts to make rules. their own procedure and the procedure of the Civil Courts subjects to
their superintendence, and may be such rules annul, alter or add to all
or any of the rules in the First Schedule.1. Subs. A.O. 1950, for "Courts
which are High Courts for the purposes of the Government of India Act,
1935".2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, "for Part
A States and Part B States". Earlier the words "for Part A States and Part
B States" were inserted by Act 2 of 1951, sec. 15 (w.e.f. 1-4-1951).3. The
words "and the Chief Court of Lower Burma", rep. by Act 11 of 1923,
sec. 3 and sch. II.

CPC Section 123 - (1) A committee to be called the Rule Committee, shall be constituted
Constitution of Rule at1[the town which is the usual place of sitting of each of the High
Committees in certain Courts2[***] referred to in section 122].(2) Each such Committee shall
States. consist of the following persons, namely-(a) three Judges of the High
Court established at the town at which such Committee is constituted,
one of whom at least has served as a District Judge or 3[***] a
Divisional Judge for three years,4[(b) two legal practitioners enrolled in
that Court]5[(c)] a Judge of a Civil Court subordinate to the High Court
6[***]5[7[* * *]](3) The members of each such Committee shall be
appointed by the8[High Court], which shall also nominate one of their
number to bePresident:9[* * *](4) Each member of any such
Committee shall hold office for such period as may be prescribed by the
8[High Court] in this behalf; and whenever any member retires, resigns,
dies or ceases to reside in the State in which the Committee was
constituted or becomes incapable of acting as a member of the
Committee, the said 8[High Court] may appoint another person to be a
member in his stead.(5) There shall be a secretary to each such
Committee who shall be appointed by the 9[High Court] and shall
receive such remuneration as may be provided in this behalf 10[by the
State Government].STATE AMENDMENTSAssam and Nagaland-
 Substitute the following for clause (a) sub-section (2) of section 123."(a)
three judges of the High Court established at the town at which such
committee is constituted, provided that the Chief Justice may appoint
only two judges of the High Court on the Committee if the number of
Judges of the High Court does not exceed three"[C.P.C. (Assam
Amendment) Act No. 8 of 1953, sec. 2, (w.e.f. 18-4-1953) and Nagaland
Act 27 of 1962 (w.e.f. 1-12-1963).]Tamil Nadu-In section 123 sub-
section (2).(a) "In clause (b) for the words 'two legal practitioners'
substitute the words 'three legal practitioners'."(b) "Omit the words
'Madras' in clause (d)".[Vide Tamil Nadu Act No. 15 of 1970, sec. 2
(w.e.f. 10-6-1970).]1. Subs. by Act 13 of 1916, sec. 2 and Sch. for "each
of towns of Calcutta, Madras, Bombay, Allahabad, Lahore and
Rangoon".2. The words "and of the Chief Court", Omitted by Act 11 of
1923, sec. 3 and Sch. II. These words were again ins. By Act 32 of 1925,
and subsequently omitted by A.O. 1948.3. The brackets and words "(in
Burma)" rep. by Act 11 of 1923, sec. 3 and Sch. II.4. Subs. by Act 2 of
1951 sec. 16, for clauses (b) and (c).5. Clauses (d) and (e) re-lettered as
clauses (c) and (d) respectively by Act 2 of 1951, sec. 16 (w.e.f. 1-4-
1961).6. The word "and" omitted by Act No. 38 of 1978, sec. 3 and Sch.
II. (w.e.f. 26-11-1978).7. Cl. (d) omitted by Act No. 38 of 1978, sec. 3 and
Sch. II. (w.e.f. 26-11-1978).8. Subs, by Act No. 104 of 1976, sec. 44, for
"Chief Justice or Chief Judge" (w.e.f. 1-2-1977).9. Proviso omitted by Act
No. 104 of 1976, sec. 44 (w.e.f. 1-2-1977).10. Subs. by A.O. 1937, for "by
the G.G. in C. or by the L.G. as the case may be".

CPC Section 124 - Every Rule Committee shall make a report to the High Court established
Committee to report to at the town at which it is constituted on any proposal to annul, alter or
High Court. add to the rules in the First Schedule or to make new rules, and before
making any rules under section 122 the High Court shall take such
report into consideration.

CPC Section 125 - High Courts, other than the Courts specified in section 122, may
Power of other High exercise the powers conferred by that section in such manner and
Courts to make rules. subject to such conditions 1[as 2[the State Government] may
determine]:Provided that any such High Court may, after previous
publication, make a rule extending within the local limits of its
jurisdiction any rules which have been made by any other High Court.1.
Subs. by Act 38 of 1920, sec. 2 and Sch. 1, Pt. I, for "as the G.G. in C.
may determine".2. Subs. by the A.O. 1937, for "in the case of the Court
of the Judicial Commissioner of Coorg, the G.G. in C., and in other cases
the L.G.".

CPC Section 126 - Rules 1[Rules made under the foregoing provisions shall be subject to the
to be subject to previous approval of the Government of the State in which the Court
approval. whose procedure the rules regulate is situate or, if that Court is not
situate in any State, to the previous approval of 2[Central
Government].]?????1. Subs. by the A.O. 1937, for section 126.2. Subs.
by the A.O. 1950, for ?Governor General.
CPC Section 127 - Rules so made and 1[approved] shall be published in the 2[Official
Publication of rules. Gazette] and shall from the date of publication or from such other date
as may be specified have the same force and effect, within the local
limits of the jurisdiction of the High Court which made them, as if they
had been contained in the First Schedule.1. Subs. by Act 24 of 1917,
sec. 2 and Sch. 1, for "sanctioned".2. Subs. by the A.O. 1937, for
"Gazette of India or in the local Official Gazette, as the case may be".
Strictly the substitution would read "Official Gazette or in the Official
Gazette, as the case may be", but the latter words have been omitted as
being redundant.

CPC Section 128 - (1) Such rules shall be not inconsistent with the provisions in the body
Matters for which rules of this Code, but, subject thereto, may provide for any matters relating
may provide. to the procedure of Civil Courts.(2) In particular, and without prejudice
to the generality of the powers conferred by sub-section (1), such rules
may provide for all or any of the following matters, namely :-(a) the
service of summons, notices and other processes by post or in any
other manner either generally or in any specified areas, and the proof
of such service;(b) the maintenance and custody, while under
attachment, of live-stock and other movable property, the fees payable
for such maintenance and custody, the sale of such live-stock and
property and the proceeds of such sale;(c) procedure in suits by way of
counterclaim and the valuation of such suits for the purposes of
jurisdiction;(d) procedure in garnishee and charging Order either in
addition to, or in substitution for, the attachment and sale of debts;(e)
procedure where the defendant claims to be entitled to contribution or
indemnity over against any person whether a party to the suit or not;(f)
summary procedure-(i) in suits in which the plaintiff seeks only to
recover a debt or liquidated demand in money payable by the
defendant, with or without interest, arising-on a contract express or
implied; oron an enactment where the sum sought to be recovered is a
fixed sum of money or in the nature of a debt other than a penalty;
oron a guarantee, where the claim against the principal is in respect of
a debt or a liquidated demand only; oron trust; or(ii) in suits for the
recovery of immovable property, with or without claim for rent or
mesne profits, by a landlord against a tenant whose term has expired or
has been duly determined by notice to quit, or has become liable to
forfeiture for nonpayment of rent, or against persons claiming under
such tenant;(g) procedure by way of originating summons;(h)
consolidation of suits, appeals and other proceedings;(i) delegation to
any Registrar, Prothonotary or Master or other official ofthe Court of
any judicial, quasi-judicial and non-judicial duties; and(j) all forms,
registers, books, entries and accounts which may be necessary or
desirable for the transaction of the business of Civil Courts.
CPC Section 129 - Notwithstanding anything in this Code, any High Court 1[not being the
Power of High Court to Court of a Judicial Commissioner] may make such rules not inconsistent
make rules as to their with the Letters Patent 2[or Order] 3[or other law] establishing it to
original Civil Procedure. regulate its own procedure in the exercise of its original civil jurisdiction
as it shall think fit, and nothing herein contained shall affect the validity
of any such rules in force at the commencement of this
Code.CommentsRules regulating procedure of High Court on its original
side need not be consistent with provisions of the Code of Civil
Procedure, 1908; Tridium India Telecom Ltd. v. Motorola Inc., AIR 2005
SC 514.1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "for a
Part a State or a Part B State".2. Ins. By the A.O. 1950.3. Ins. By Act 2 of
1951, sec. 17 (w.e.f. 1-4-1951).

CPC Section 130 - 1[A High Court 2[not being a High Court to which section 129 applies]
Powers of other High may, with the previous approval of the State Government make with
Court to make rules as respect to any matter other than procedure any rule which a High Court
to matters other than 3[for a 4[***] State] might under 5[article 227 of the Constitution]
procedure. make with respect to any such matter for any part of the territories
under its jurisdiction which is not included within the limits of a
presidency town.]1. Subs. by the A.O. 1937, for section 130.2. Subs. by
the A.O. 1950, for "not constituted by His Majesty by Letters Patent".3.
Subs. by the A.O. 1950, for "so constituted".4. The word and letter "Part
A" omitted by the Adaptation of Laws (No. 2) Order, 1956.5. Subs. by
the A.O. 1950, for "section 224 of the Government of India Act, 1935".

CPC Section 131 - Rules made in accordance with section 129 or section 130 shall be
Publication of rules. published in the 1[Official Gazette] and shall from the date of
publication or from such other date as may be specified have the force
of law.1. Subs. by the A.O. 1937, for "Gazette of India or in the local
Official Gazette, as the case may be". Strictly the substitution would
read "Official Gazette or in the Official Gazette, as the case may be", but
the latter words have been omitted as being redundant..

CPC Section 132 - (1) Women who, according to the customs and manners of the country,
Exemption of certain ought not to be compelled to appear in public shall be exempt from
women from personal personal appearance in Court.(2) Nothing herein contained shall be
appearance. deemed to exempt such women from arrest in execution of civil
process in any case in which the arrest of women is not prohibited by
this Code.

CPC Section 133 - 1[(1) The following persons shall be entitled to exemption from
Exemption of other personal appearance in Court, namely-(i) the President of India;(ii) the
persons. Vice-President of India;(iii) the Speaker of the House of the People;(iv)
the Ministers of the Union;(v) the Judges of the Supreme Court;(vi) the
Governors of States and the administrators of Union Territories;(vii) the
Speakers of the State Legislative Assemblies/(viii) the Chairman of the
State Legislative Councils;(ix) the Ministers of States;(x) the Judges of
the High Courts; and(xi) the persons to whom section 87B
applies.]2[***](3) Where any person 3[***] claims the privilege of such
 exemption, and it is consequently necessary to examine him by
commission, he shall pay the costs of that commission, unless the party
requiring his evidence pays such costs.1. Subs. by Act No. 66 of 1956,
sec. 12, for sub-section (1) (w.e.f. 1-1-1957).2. Sub-section (2) omitted
by Act No. 66 of 1956, sec. 12 (w.e.f. 1-1-1957).3. The words "so
exempted" omitted by Act 66 of 1956, sec. 12 (w.e.f. 1-1-1957).

CPC Section 134 - Arrest The provisions of sections 55, 57 and 59 shall apply, so far as may be, to
other than in execution all persons arrested under this Code.
of decree.

CPC Section 135 - (1) No Judge, Magistrate or other judicial officer shall be liable to arrest
Exemption from arrest under civil process while going to, presiding in, or returning from his
under civil process. Court.(2) Where any matter is pending before a tribunal having
jurisdiction therein, or believing in good faith that it has such
jurisdiction, the parties thereto, their pleader, mukhtars, revenue-
agents and recognized agents, and their witnesses acting in obedience
to a summons, shall be exempt from arrest under civil process other
than process issued by such tribunal for contempt of Court while going
to or attending such tribunal for the purpose of such matter, and while
returning from such tribunal.(3) Nothing in sub-section (2) shall enable
a judgment-debtor to claim exemption from arrest under an Order for
immediate execution or where such judgment-debtor attends to show
cause why he should not be committed to person in execution of a
decree.

CPC Section 135A - 1[2[(1) No person shall be liable to arrest or detention in prison under
Exemption of members civil process-(a) if he is a member of-(i) either House of Parliament,
of legislative bodies or(ii) the legislative Assembly or Legislative Council of a State, or(iii) a
from arrest and Legislative Assembly of a Union territory,during the continuance of any
detention under civil meeting of such House of Parliament or, as the case may be, of the
process. Legislative Assembly or the Legislative Council;(b) if he is a member of
any committee of-(i) either House of Parliament, or(ii) the Legislative
Assembly of a State or Union territory, or(iii) the Legislative Council of a
State,during the continuance of any meeting of such committee;(c) if he
is a member of-(i) either House of Parliament, or(ii) a Legislative
Assembly or Legislative Council of a State having both such
Houses,during the continuance of a joint sitting, meeting, conference or
joint committee of the Houses of Parliament or Houses of the State
Legislature, as the case may be, and during the forty days before and
after such meeting, sitting or conference.](2) A person released from
detention under sub-section (1), shall, subject the provisions, of the
said sub-section, be liable to re-arrest and to the further detention to
which he would have been liable if he had not been released under the
provisions of sub-section (1).]1. Ins. by Act 23 of 1925, sec. 3.2. Subs. by
Act No. 104 of 1976, sec. 45 for sub-section (1) (w.e.f. 1-2-1977).
CPC Section 136 - (1) Where an application is made that any person shall be arrested or
Procedure where that any property shall be attached under any provision of this Code
person to be arrested or not relating to the execution of decrees, and such person resides or
property to be attached such property is situate outside the local limits of the jurisdiction of the
is outside district. Court to which the application is made, the Court may, in its discretion,
issue a warrant of arrest or make an Order of attachment, and send to
the DistrictCourt within the local limits of whose jurisdiction such
person or property reside or is situate a copy of the warrant or Order,
together with the probable amount of the costs of the arrest or
attachment.(2) The District Court shall, on receipt of such copy and
amount, cause the arrest or attachment to be made by its own officers,
or by a Court subordinate to itself, and shall inform the Court which
issued or made such warrant or Order of the arrest or attachment.(3)
The Court making an arrest under this section shall send the person
arrested to the Court by which the warrant of arrest was issued, unless
he shows cause to the satisfaction of the former Court why he should
not be sent to the later Court, or unless he furnishes sufficient security
for his appearance before the later Court or for satisfying any decree
that may be passed against him by that Court, in either of which cases
the Court making the arrest shall release him.(4) Where a person to be
arrested or movable property to be attached under this section is
within the local limits of the ordinary original civil jurisdiction of the
High Court of Judicature at Fort William in Bengal or at Madras or at
Bombay, 1[***] the copy of the warrant of arrest or of the Order of
attachment, and the probable amount of the costs of the arrest or
attachment, shall be sent to the Court of Small Causes of Calcutta,
Madras 2[or Bombay], as the case may be, and that Court, on receipt of
the copy and amount, shall proceed as if it were the District Court.1.
The words "or the Chief Court of Lower Burma", omitted by A.O.
1937.2. Subs. by A.O. 1937, for "Bombay or Rangoon".

CPC Section 137 - (1) The language which, on the commencement of this Code, is the
Language of language of any Court subordinate to a High Court shall continue to be
subordinate Courts. the language of such subordinate Court until the State Government
otherwise directs.(2) The State Government may declare what shall be
the language of any such Court and in what character applications to
and proceedings in such Court shall be written.(3) Where this Court
requires or allows anything other than the recording of evidence to be
done in writing in any such Court, such writing may be in English; but if
any party or his pleader is unacquainted with English a translation into
the language of the Court shall, at his request, be supplied to him; and
the Court shall make such Order as it thinks fit in respect of the
payment of the costs of such translation.STATE
AMENDMENTSRajasthan-For sub-section (3) of section 137 substitute
the following:"(3) Wherever the Code requires or allows anything other
than the recording of evidence to be done in writing in any such court,
such writing shall be in Hindi in Devnagri Script with the international
form of Indian numerals.Provided that the court may in its discretion
 accept such writing in England on the undertaking of the party filing
such writing, to file a Hindi translation of the same, within such time as
may be granted by the Court and the opposite party shall have a copy
of such writing in Hindi."[vide Rajasthan Act No. 7 of 1983, sec. 2 (w.e.f.
16-5-1983).]Uttar Pradesh-To section 137 (3) insert the following
proviso:"Provided that with effect from such date as the State
Government in consultation with the High Court may by notification in
the Gazette appoint, the language of every judgment, decree or Order
passed or made by such courts or classes of courts subordinate to the
High Court and in such classes of cases as may be specified shall only be
Hindi in Devnagri Script with the international form of Indian
numerals".[Vide U.P. Act No. 17 of 1970, sec. 2 (w.e.f. 8-4-1970).]

CPC Section 138 - 1(1) The 2[High Court] may, by notification in the Official Gazette, direct
Power of High Court to with respect to any Judge specified in the notification, or falling under a
require evidence to be description set forth therein, that evidence in cases in which an appeal
recorded in English. is allowed shall be taken down by him in the English language and in
manner prescribed.(2) Where a Judge is prevented by any sufficient
reason from complying with a direction under sub-section (1), he shall
record the reason and cause the evidence to be taken down in writing
from his dictation in open Court.STATE AMENDMENTSAssam, Nagaland,
Meghalaya, Tripura and Manipur-For section 138, substitute the
following section:-"138. Power of High Court to require evidence to be
record in English.-The High Court may, by notification, in the Official
Gazette, direct with respect to any Judge specified in the notification, or
falling under a description set forth therein that in cases in which an
appeal is allowed, he shall take down, or cause to be taken down, the
evidence in the English language and in the form and manner
prescribed."[Vide Assam Act 2 of 1941, sec. 2 (w.e.f. 12-2-1941); State
of Nagaland Act 27 of 1962, sec. 26 (w.e.f. 1-12-1963).]1. For section
138, as applicable to Assam, see the Civil Procedure (Assam
Amendment) Act, 1941 (Assam Act 2 of 1941), sec. 2.2. Subs. by 4 of
1914, sec. 2 and Sch., Pt. I, for "L.G.".

CPC Section 139 - Oath In the case of any affidavit under this Code-(a) any Court or Magistrate,
on affidavit by whom to or1[(aa) any notary appointed under the Notaries Act, 1952 (53 of
be administered. 1952); or](b) any officer or other person whom a High Court may
appoint in this behalf, or(c) any officer appointed by any other Court
which the State Government has generally or specially empowered in
this behalf, may administer the oath to the deponent.STATE
AMENDMENTUttar Pradesh-(i) for clause (b) of section 139
substitute:"(b) any person appointed in this behalf by a High Court or
by a district court; or"(ii) for clause (c) of section 139 substitute:"(c) any
person appointed in this behalf by such other court as the State Govt.
may, by general or special Order, empower in this behalf."[Vide U.P. Act
No. 11 of 1981, sec. 2 ].1. Ins. by Act No. 104 of 1976, sec. 46 (w.e.f. 1-
2-1977).
CPC Section 140 - (1) In any admiralty or vice-admiralty cause of salvage, towage or
Assessors in causes of collision, the Court, whether it be exercising its original or its appellate
salvage etc. jurisdiction may, if it thinks fit, and shall upon request of either party to
such cause, summon to its assistance, in such manner as it may direct
or as may be prescribed, two competent assessors; and such assessors
shall attend and assist accordingly.(2) Every such assessor shall receive
such fees for his attendance, to be paid by such of the parties as the
Court may direct or as may be prescribed.

CPC Section 141 - The procedure provided in this Code in regard to suit shall be followed,
Miscellaneous as far as it can be made applicable, in all proceedings in any Court of
proceedings. civil jurisdiction.1[Explanation.-In this section, the expression
"proceedings" includes proceedings under Order IX, but does not
include any proceeding under Article 226 of the Constitution.]1. Ins. by
Act No. 104 of 1976, sec. 47 (w.e.f. 1-2-1977).

CPC Section 142 - All Orders and notices served on or given to any person under the
Orders and notices to provisions of this Code shall be in writing.
be in writing.

CPC Section 143 - Postage, where chargeable on a notice, summons or letter issued under
Postage. this Code and forwarded by post, and the fee for registering the same,
shall be paid within a time to be fixed before the communications made
:Provided that the State Government 1[***] may remit such postage, or
fee, or both, or may prescribe a scale of court-fees to be levied in lieu
thereof.1. The words "with the previous sanction of the G.G. in C."
omitted by Act 38 of 1920, sed. 2 and Sch. I..

CPC Section 144 - (1) Where and in so far as a decree 1[or an Order] is 2[varied or
Application for reversed in any appeal, revision or other proceedings or is set aside or
restitution.. modified in any suit instituted for the purpose the Court which passed
the decree or Order] shall, on the application of any party entitled to
any benefit by way of restitution or otherwise, cause such restitution to
be made as will, so far as may be, place the parties in the position
which they would have occupied but for such decree 1[or Order] or
3[such part thereof as has been varied, reversed, set aside or modified],
and, for this purpose, the Court may make any Orders, including Orders
for the refund of costs and for the payment of interest, damages,
compensation and mesne profits, which are properly 4[consequential
on such variation, reversal, setting aside or modification of the decree
or Order.]5[Explanation.-For the purposes of sub-section (1) the
expression "Court which passed the decree or Order" shall be deemed
to include,-(a) where the decree or Order has been varied or reversed
in exercise of appellate or revisional jurisdiction, the Court of first
instance;(b) where the decree or Order has been set aside by a
separate suit, theCourt of first instance which passed such decree or
Order;(c) where the Court of first instance has ceased to exist or has
ceased to have jurisdiction to execute, it, the Court which, if the suit
wherein the decree or Order was passed were instituted at the time of
making the application for restitution under this section, would have
jurisdiction to try such suit.](2) No suit shall be instituted for the pr-
pose of obtaining any restitution or other relief which could be
obtained by application under sub-section (1).STATE AMENDMENTUttar
Pradesh-Substitute the following for sub-section (1) of section 144 of
the Code:"(1) Where and in so far as a decree or an Order is varied or
reversed in appeal, revision or otherwise, the Court of first instance
shall, on the application of any party entitled to any benefit by way of
restitution or otherwise, cause such restitution to be made, as will, so
for as may be, place the parties in the position which they would have
occupied but for such decree or Order or such part there of as has been
varied or reversed; and for this purpose, the Court may make any
Orders, including Orders for the refused of costs and for the payment of
interest, damages, compensation and mesne profits, which are properly
consequential on such variation or reversal".[Vide U.P. Act No. 24 of
1954 sec. 2 and Sch., Item 5, entry 7 (w.e.f. 30-11-1954).]COMMENTS(i)
The Court which is competent to entertain the application for
restitution is the Court of first instance; Neelathupara Kummi Seethi
Koya Phangal (dead) by LRs. v. Montharapalla Padippua Attakoya, AIR
1994 SC 1591.(ii) Provisions of section 144 can be invoked only in
pending cases; Chhota Singh v. Union of India, AIR 1993 P&H 79:
1993(2) Land LR 77.(iii) Whenever an ex parte Order/decree for
possession/eviction is set aside, the party who was
dispossessed/evicted in pursuance of such an ex parte decree or Order,
is entitled to restitution forthwith inspite of the fact that ultimately on
merits, he may lose the cause and may have to yield back possession;
Chanda Sab v. Jamshed Khan, AIR 1993 Kant 338: 1993(2) Kant LJ 638:
ILR (Kant) (1993) 2197.(iv) Where the possession has been taken
forcibly by a landlord/defendant during the pendency of the
proceedings, i.e., when the application of temporary injunction
restraining landlord/defendant from interfering with possession is
dismissed by the trial Court and before filing the appeal, section 144
may not strictly apply; Cheni Chenchaiah v. Shaikh Ali Saheb, AIR 1993
AP 292: 1993(2) Andh LT 517: 1993(2) Cur CC 364.(v) Settlement in
Bhopal Gas Disaster case?Settlement set aside?Union Carbide
Corporation entitled to restitution of entire amount deposited with
interest; Union Carbide Corporation v. Union of India, AIR 1992 SC
248.(vi) Where property was sold in auction in execution of decree
which was subsequently set aside in appeal, auction-purchaser being
already aware of pending appeal against decree cannot resist
restitution; Chinnamal v. P. Arumugham, AIR 1990 SC 1828.1. Ins. By Act
66 of 1956, sec. 13 (w.e.f. 1-1-1957).2. Subs. by Act No. 104 of 1976,
sec. 48, for "varied or reversed, the Court of first Instance" (w.e.f. 1-2-
1977).3. Subs. by Act No. 104 of 1976, sec. 48, for "such part thereof as
has been varied or reversed" (w.e.f. 1-2-1977).4. Subs. by Act No. 104 of
1976, sec. 48, for "consequential on such variation or reversal" (w.e.f. 1-
2-1997).5. Ins. by Act No. 104 of 1976, sec. 48 (w.e.f. 1-2-1977).
CPC Section 145 - Where any person 1[has furnished security or given a guarantee]-(a) for
Enforcement of liability the performance of any decree or any part thereof, or(b) for the
of surety. restitution of any property taken in execution of a decree, or(c) for the
payment of any money, or for the fulfilment of any condition imposed
on any person, under an Order of the Court in any suit or in any
proceeding consequent thereon,2[the decree or Order may be
executed in the manner therein provided for the execution of decree,
namely :-(i) if he has rendered himself personally liable, against him to
that extent;(ii) if he has furnished any property as security, by sale of
such property to the extent of the security;(iii) if the case falls both
under clauses (i) and (ii) then to the extent specified in those
clauses,and such person shall, be deemed to be a party within the
meaning of section 47 :]Provided that such notice as the Court in each
case thinks sufficient has been given to the surety.STATE
AMENDMENTUttar Pradesh-Substitute the following for section
145;"145. Where any person has become liable as surety or given any
property as security:(a) for the performance of any decree or any part
thereof, or(b) for the restitution of any property taken in execution of
any decree, or(c) for the payment of any money or for the fulfilment of
any condition imposed on any person, under an Order of the Court in
any suit or in any proceeding consequent there on, the decree or Order
may be executed in the manner herein provided for the execution of
decrees:-(i) if he has rendered himself personally liable, against him to
that extent; and(ii) if he has given any property as security, by sale of
such property to the extent of the security;and such person shall, for
the purposes of appeal, be deemed to be a party within the meaning of
section 47:Provided that such notice as the Court in each case thinks
sufficient has been given to the surety.Explanation:-For the purposes of
this section a person entrusted by a Court with custody of any property
attached in execution of any decree or Order shall be deemed to have
become liable as surety for the restitution of such property within the
meaning of clause (b)."[Vide U.P. Act No. 24 of 1954, sec. 2 (w.e.f. 30-
11-1954)].1. Subs. by Act 104 of 1976, sec. 49 for "has become liable as
surety" (w.e.f. 1-2-1977).2. Subs. by Act 104 of 1976, sec. 49 for certain
words (w.e.f. 1-2-1977).

CPC Section 146 - Save as otherwise provided by this Code or by any law for the time
Proceedings by or being in force, where any proceeding may be taken or application made
against representatives by or against any person then the proceeding may be taken or the
application may be made by or against any person claiming under him.

CPC Section 147 - In all suits to which any person under disability is a party, any consent
Consent or agreement or agreement, as to any proceeding shall, if given or made with the
by persons under express leave of the Court by the next friend or guardian for the suit,
disability. have the same force and effect as if such person, were under no
disability and had given such consent or made such agreement.
CPC Section 148 - Where any period is fixed or granted by the Court for the doing of any
Enlargement of time. act prescribed or allowed by this Code, the Court may, in its discretion,
from time to time, enlarge such period 1[not exceeding thirty days in
total], even though the period originally fixed or granted may have
expired.HIGH COURT AMENDMENTCalcutta:-In section 148, after the
words "allowed by this Code", insert the words "or by the Presidency
Small Cause Courts Act, 1882".[Vide Calcutta Gazette, Pt. I, dated 20
April 1967.]1. Ins. by Act No. 46 of 1999, section 13 (w.e.f. 1-7-2002).

CPC Section 148A - 1[(1) Where an application is expected to be made, or has been made,
Right to lodge a caveat. in a suit or proceedings instituted, or about to be instituted, in a Court,
any person claiming a right to appear before the Court on the hearing
of such application may lodge a caveat in respect thereof.(2) Where a
caveat has been lodged under sub-section (1), the person by whom the
caveat has been lodged (hereinafter referred to as the caveator) shall
serve a notice of the caveat by registered post, acknowledgement due,
on the person by whom the application has been or is expected to be,
made, under sub-section (1).(3) Where, after a caveat has been lodged
under sub-section (1), any application is filed in any suit or proceeding,
the Court, shall serve a notice of the application on the caveator.(4)
Where a notice of any caveat has been served on the applicant, he shall
forthwith furnish the caveator at the caveator's expense, with a copy of
the application made by him and also with copies of any paper or
document which has been, or may be, filed by him in support of the
application.(5) Where a caveat has been lodged under sub-section (1),
such caveat shall not remain in force after the expiry of ninety days
from the date on which it was lodged unless the application referred to
in sub-section (1) has been made before the expiry of the said
period.]1. Ins. by Act No. 104 of 1976, sec. 50 (w.e.f. 1-2-1977)..

CPC Section 149 - Where the whole or any part of any fee prescribed for any document by
Power to make up the law for the time being in force relating to court-fees has not been
deficiency of court-fees. paid, the Court may, in its discretion, at any stage, allow the person, by
whom such fee is payable, to pay the whole or part, as the case may be,
of such court-fee; and upon such payment the document, in respect of
which such fee is payable, shall have the same force and effect as if
such fee had been paid in the first instance.

CPC Section 150 - Save as otherwise provide, where the business of any Court is
Transfer of business. transferred to any other Court, the Court to which the business is so
transferred shall have the same powers and shall perform the same
duties as those respectively conferred and imposed by or under this
Code upon the Court from which the business was so transferred.

CPC Section 151 - Nothing in this Code shall be deemed to limit or otherwise affect the
Saving of inherent inherent power of the Court to make such Orders as may be necessary
powers of Court. for the ends of justice or to prevent abuse of the process of the
Court.Comments(i) Inherent powers cannot be exercised so as to nullify
provisions of the Code. When Court deals expressly with a particular
 matter, the provisions should normally be regarded as exhaustive;
National Institute of Mental Health and Neuro-Science v. C.
Parameshwara, AIR 2005 SC 242.(ii) Recourse to inherent powers in
face of or in conflict with specific provision of statute is not permissible.
Inherent power cannot be exercised to nullify effect of any statutory
provisions; Abdul Rahim Attar v. Atul Ambalal Barot; AIR 2005 Bom 120.

CPC Section 152 - Clerical or arithmetical mistakes in judgments, decrees or Orders or

Amendment of errors arising therein from any accidental slip or omission may at any
judgments, decrees or time be corrected by the Court either of its own motion or on the
Orders. application of any of the parties.

CPC Section 153 - The Court may at any time and on such terms as to costs or otherwise
General power to as it may think fit, amend any defect or error in any proceeding in a
amend. suit, and all necessary amendments shall be made of the purpose of
determining the real question or issue raised by or depending on such
proceeding.]

CPC Section 153A - 1[Where an Appellate Court dismisses an appeal under rule 11 of Order
Power to amend decree XLI, the power of the Court to amend, under section 152, the decree or
or Order where appeal Order appealed against may be exercised by the Court which had
is summarily dismissed. passed the decree or Order in the first instance, notwithstanding that
the dismissal of the appeal has the effect of confirming the decree or
Order, as the case may be, passed by the Court of first instance.]1. Ins.
by Act No. 104 of 1976, sec. 51 (w.e.f. 1-2-1977).

CPC Section 153B - 1[153B. Place of trial to be deemed to be open CourtThe place in which
Place of trial to be any Civil Court is held for the purpose of trying any suit shall be deemed
deemed to be open to be an open Court, to which the public generally may have access so
Court. far as the same can conveniently contain them:Provided that the
presiding Judge may, if he thinks fit, Order at any stage of any inquiry
into or trial of any particular case, that the public generally or any
particular person, shall not have access to, or be or remain in, the room
or building used by Court.]1. Ins. by Act No. 104 of 1976, sec. 51 (w.e.f.
1-2-1977).

CPC Section 154 - Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and
Saving of present right Sch. I.
of appeal.

CPC Section 155 - Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and
Amendment of certain Sch. I.
Acts..

CPC Section 156 - Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s.
Repeals. 3 and Sch. II.

CPC Section 157 - Notifications published, declarations and rules made, places appointed,
Continuance of Orders agreements filed, scales prescribed, forms framed, appointments made
and powers conferred under Act 8 of 1859 or under any Code of Civil
Procedure or any Act amending the same or under any other
under repealed enactment hereby repealed shall, so far as they are consistent with this
enactments. Code, have the same force and effect is if they had been respectively
published, made, appointed, filed, prescribed, framed and conferred
under this Code and by the authority empowered thereby in such
behalf.

CPC Section 158 - In every enactment or notification passed or issued before the
Reference to Code of commencement of this Code in which reference is made to or to any
Civil Procedure and Charter or section of Act 8 of 1859 or any Code of Civil Procedure or
other repealed any Act amending the same or any other enactment hereby repealed,
enactments. such reference shall, so far as may be practicable, be taken to be made
to this Code or to its corresponding Part, Order, section or rule.

CPC Order 1 - PARTIES THE FIRST ScheduleOrder IPARTIES OF SUITS1[1. Who may be joined as
OF SUITS (THE FIRST plaintiffs.All persons may be joined in one suit as plaintiffs where-(a)
Schedule) any right to relief in respect of, or arising out of, the same act or
transaction or series of acts or transactions is alleged to exist in such
persons, whether jointly, severally or in the alternative; and(b) if such
persons brought separate suits, any common question of law or fact
would arise.]1. Subs, by Act No. 104 of 1976, sec. 52 for the former rule
(w.e.f. 1-2-1977).2. Power of Court to Order separate trial.Where it
appears to the Court that any joinder of plaintiffs may embarrass or
delay the trial of the suit, the Court may put the plaintiffs to their
election or Order separate trials or make such other Order as may be
expedient.1[3. Who may be joined as defendants.All persons may be
joined in one suit as defendants where-(a) any right to relief in respect
of, or arising out of, the same act or transaction or series of acts or
transactions is alleged to exist against such persons, whether jointly,
severally or in the alternative; and(b) if separate suits were brought
against such persons, any common question of law or fact would
arise.]1. Subs, by Act No. 104 of 1976 for the former rule (w.e.f. 1-2-
1977).STATE AMENDMENTBihar.-In its application to the Scheduled
Areas in the State of Bihar, in Order I, Rule 3, following proviso added:-
"Provided that in suits for declaration of title or for possession relating
to immovable properties of a member of the Scheduled Tribes as
specified in Part HI to the Schedule to the Constitution (Scheduled
Tribes) Order, 1950, the Deputy Commissioner concerned shall also be
joined as a defendant."[Vide Bihar Scheduled Areas Regulation, 1969 (1
of 1969), sec. 3 and Sch. (w.e.f. 8-2-1969).]1[3A. Power to Order
separate trials where joinder of defendants may embarrass or delay
trial.Where it appears to the Court that any joinder of defendants may
embarrass or delay the trial of the suit, the Court may Order separate
trials or make such other Order as may be expedient in the interests of
justice.]1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).STATE
AMENDMENTMadhya Pradesh.-In Order I of First Schedule to the
Principal Act, after Rule 3-A, the following rule inserted:-"3-B.
Conditions for entertainment of suits.(1) No suit or proceeding for-(a)
declaration of title or any right over any agricultural land, with or
without any other relief; or(b) specific performance of any contract for
transfer of any agricultural land, with or without any other relief, shall
be entertained by any Court, unless the plaintiff or applicant, as the
case may be, knowing or having reason to believe that a return under
section 9 of the Madhya Pradesh Ceiling on Agricultural Holdings Act,
1960 (No. 20 of 1960) in relation to land aforesaid has been or is
required to be filed by him or by any other person before competent
authority appointed under that Act, has impleaded the State of Madhya
Pradesh as one of the defendants or non-applicants, as the case may
be, to such suit or proceeding.(2) No Court shall proceed with pending
suit or proceeding referred to in sub-rule (1) unless, as soon as may be,
the State Government is so impleaded as a defendant or non-
applicant.Explanation.-The expression "suit or proceeding" used in this
sub-rule shall include appeal, reference or revision, but shall not
include any proceeding for or connected with execution of any decree
or final Order passed in such suit or proceeding".[Vide M.P. Act 29 of
1984, sec. 5 (w.e.f. 14-8-1984).]4. Court may give judgment for or
against one or more of joint parties.-Judgment may be given without
any amendment-(a) for such one or more of the plaintiffs as may be
found to be entitled to relief, for such relief as he or they may be
entitled to;(b) against such one or more of the defendants as may be
found to be liable, according to their respective liabilities.5. Defendant
need not be interested in all the relief claimed.It shall not be necessary
that every defendant shall be interested as to all the relief claimed in
any suit against him.6. Joinder of parties liable on same contract.The
plaintiff may, at his option, join as parties to the same suit all or any of
the persons severally, or jointly and severely, liable on any one contract,
including parties to bills of exchange, hundis and promissory notes.7.
When plaintiff in doubt from whom redress is to be soughtWhere the
plaintiff is in doubt as to the person from whom he is entitled to obtain
redress, he may join two or more defendants in Order that the question
as to which of the defendants is liable, and to what extent, may be
determined as between all parties.1[8. One person may sue or defend
on behalf of all in same interest(1) Where there are numerous persons
having the same interest in one suit,-(a) one or more of such persons
may, with the permission of the Court, sue or be sued, or may defend
such suit, on behalf of, or for the benefit of, all persons so interested;(b)
the Court may direct that one or more of such persons may sue or be
sued, or may defend such suit, on behalf of, or for the benefit of, all
persons so interested.(2) The Court shall, in every case where a
permission or direction is given under sub-rule (1), at the plaintiffs
expense, give notice of the institution of the suit to all persons so
interested either by personal service, or, where, by reason of the
number of persons or any other cause, such service is not reasonably
practicable, by public advertisement, as the Court in each case may
direct.(3) Any person on whose behalf, or for whose benefit, a suit is
instituted or defended, under sub-rule (1), may apply to the Court to be
made a party to such suit.(4) No part of the claim in any such suit shall
be abandoned under sub-rule (1), and no such suit shall be withdrawn
under sub-rule (3), of rule 1 of Order XXIII, and no agreement,
compromise or satisfaction shall be recorded in any such suit under rule
3 of that Order, unless the Court has given, at the plaintiffs expense,
notice to all persons so interested in the manner specified in sub-rule
(2).(5) Where any person suing or defending in any such suit does not
proceed with due diligence in the suit or defence, the Court may
substitute in his place any other person having the same interest in the
suit.(6) A decree passed in a suit under this rule shall be binding on all
persons on whose behalf, or for whose benefit, the suit is instituted, or
defended, as the case may be.Explanation.-For the purpose of
determining whether the persons who sue or are sued, or defend, have
the same interest in one suit, it is not necessary to establish that such
persons have the same cause of action as the person on whose behalf,
or for whose benefit, they sue or are sued, or defend the suit, as the
case may be.]1. Subs, by Act No. 104 of 1976, sec. 52, for rule 8 (w.e.f.
1-2-1977).1[8A. Power of Court to permit a person or body of persons
to present opinion or to take part in the proceedings.While trying a suit,
the Court may, if satisfied that a person or body of persons is interested
in any question of law which is directly and substantially in issue in the
suit and that it is necessary in the public interest to allow that person or
body of persons to present his or its opinion on that question of law,
permit that person or body of persons to present such opinion and to
take part in the proceedings of the suit as the Court may specify.]1. Ins.
by Act No. 104 of 1976, sec. 52 (w.e.f. 1-2-1977).9. Misjoinder and
nonjoinderNo suit shall be defeated by reason of the misjoinder or
nonjoinder of parties, and the Court may in every suit deal with the
matter in controversy so far as regards the rights and interests of the
parties actually before it:1[Provided that nothing in this rule shall apply
to nonjoinder of a necessary party.]1. Ins. by Act No. 104 of 1976, sec.
52 (w.e.f. 1-2-1977).10. Suit in name of wrong plaintiff(1) Where a suit
has been instituted in the name of the wrong person as plaintiff or
where it is doubtful whether it has been instituted in the name of the
right plaintiff, the Court may at any stage of the suit, if satisfied that the
suit has been instituted thought a bona fide mistake, and that it
isnecessary for the determination of the real matter in dispute so to do,
Order any other person to be substituted or added as plaintiff upon
such terms as the Court thinks just.(2) Court may strike out or add
parties.-The Court may at any stage of the proceedings, either upon or
without the application of either party, and on such terms as may
appear to the Court to be just, Order that the name of any party
improperly joined, whether as plaintiff or defendant, be struck out, and
that the name, of any person who ought to have been joined, whether
as plaintiff or defendant, or whose presence before the Court may be
necessary in Order to enable the Court effectually and completely to
adjudicate upon and settle all the questions involved in the suit, be
added.(3) No person shall be added as a plaintiff suing without a next
friend or as the next friend of a plaintiff under any disability without his
consent.(4) Where defendant added, plaint to be amended-Where a
defendant is added, the plaint shall, unless the Court otherwise directs,
be amended in such manner as may be necessary, and amended copies
of the summons and of the plaint shall be served on the new defendant
and, if the Court thinks fit, on the original defendant.(5) Subject to the
provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22,
the proceedings as against any person added as defendant shall be
deemed to have begun only on the service of the summons.HIGH
COURT AMENDMENTKarnataka:-In Order I, in rule 10, after sub-rule (5),
insert the following sub-rule, namely:-"6. The Court may on the
application of any party and after notice to the other parties affected by
the application and on such terms and conditions as it may impose,
transpose a plaintiff to the position of a defendant or subject to the
provisions of the sub-rule (3), a defendant to the position of a plaintiff."
(w.e.f. 30-3-1967)1[10A. Power of Court to request any pleader to
address it.The Court may, in its discretion, request any pleader to
address it as to any interest which is likely to be affected by its decision
on any matter in issue in any suit or proceeding, if the party having the
interest which is likely to be so affected is not represented by any
pleader.]1. Ins. by Act No. 104 of 1976, sec. 52 (w.e.f. 1-2-1977).11.
Conduct of suit The Court may give the conduct of 1[a suit] to such
persons as it deems proper.1. Subs, by Act No. 104 of 1976, sec. 52 for
"the suit" (w.e.f. 1-2-1977).12. Appearance of one of several plaintiffs or
defendants for others(1) Where there are more plaintiffs than one, any
one or more of them may be authorized by any other of them to
appear, plead or act for such other in any proceeding; and in like
manner, where there are more defendants than one, any one or more
of them may be authorized by any other of them to appear, plead or act
for such other in any proceeding.(2) The authority shall be in writing
signed by the party giving it and shall be filed in Court.13. Objections as
to non-joinder or misjoinder.All objections on the ground of non-
joinder or misjoinder of parties shall be taken at the earliest possible
opportunity and, in all cases where issues are settled, at or before such
settlement, unless the ground of objection has subsequently arisen,
and any such objection not so taken shall be deemed to have been
waived.
CPC Order 2 - FRAME 1. Frame of suitEvery suit shall as far as practicable be framed so as to
OF SUIT (THE FIRST afford ground for final decision upon the subjects in dispute and to
Schedule) prevent further litigation concerning them.2. Suit to include the whole
claim.(1) Every suit shall include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of action; but a
plaintiff may relinquish any portion of his claim in Order to bring the
suit within the jurisdiction of any Court.(2) Relinquishment of part of
claim-Where a plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of his claim he shall not afterwards sue in
respect of the portion so omitted or relinquished.(3) Omission to sue
for one of several reliefs-A person entitled to more than one relief in
respect of the same cause of action may sue for all or any of such
reliefs; but if he omits, except with the leave of the Court, to sue for all
such reliefs, he shall not afterwards sue for any relief so
omitted.Explanation-For the purposes of this rule an obligation and a
collateral security for its performance and successive claims arising
under the same obligation shall be deemed respectively to constitute
but one cause of action.IllustrationA lets a house to B at a yearly rent of
Rs. 1200. The rent for the whole of the years 1905, 1906 and 1907 is
due and unpaid. A sues B in 1908 only for the rent due for 1906. A shall
not afterwards sue B for the rent due for 1905 or 1907.STATE
AMENDMENTUttar Pradesh.-In Order II, Rule 2.-(a) the existing
Explanation shall be numbered as Explanation I, and after Explanation I,
as so numbered the following Explanation II shall be inserted, namely:-
"Explanation II.-For the purposes of this rule a claim for ejectment of
the defendant from immovable property let out to him and a claim for
money due from him on account of rent or compensation for use and
occupation of that property, shall be deemed to be claims in respect of
distinct causes of action":(b) for the illustration, the following
illustration shall be substituted, namely:-"Illustration.-A lets immovable
property to B at a yearly rent. The rent for the whole of the years
1905,1906 and 1907 is due and unpaid, and the tenancy is determined
before A sues B in 1908, only for the rent due for 1906. A may
afterwards sue B for ejectment but not for the rent due for 1905 or
1907".[Vide U.P. Civil Laws (Reforms and Amendment) Act, 1956 (Act 57
of 1976), sec. 4 (w.e.f. 1-1-1977) ].3. Joinder of causes of action(1) Save
as otherwise provided, a plaintiff may unite in the same suit several
causes of action against the same defendant, or the same defendants
jointly; and any plaintiffs having causes of action in which they are
jointly interested against the same defendant or the same defendants
jointly may unite such causes of action in the same suit.(2) Where
causes of action are united, the jurisdiction of the Court as regards the
suit shall depend on the amount or value of the aggregate subject-
matters at the date of instituting the suit.4. Only certain claims to be
joined for recovery of immovable property.No cause of action shall,
unless with the leave of the Court, be joined with a suit for the recovery
of immovable property, except-(a) claims for mesne profits or arrears of
rent in respect of the property claimed or any part thereof;(b) claims
for damages for breach of any contract under which the property or any
part thereof is held; and(c) claims in which the relief sought is based on
the same cause of action:Provided that nothing in this rule shall be
deemed to prevent any party in a suit for foreclosure or redemption
from asking to be put into possession of the mortgaged property.5.
Claims by or against executor, administrator or heirNo claim by or
against an executor, administrator or heir, as such, shall be joined with
claims by or against him personally unless the last mentioned claims
are alleged to arise with reference to the estate in respect of which the
plaintiff or defendant sues or is sued as executor, administrator or heir,
or are such as he was entitled to, or liable for, jointly with the deceased
person whom he represents.1[6. Power of Court to separate
trials.Where it appears to the Court that the joinder of causes of action
in one suit may embarrass or delay the trial or is otherwise
inconvenient, the Court may Order separate trials or make such other
Order as may be expedient in the interests of justice.]1. Subs, by Act
No. 104 of 1976, sec. 53 for rule 6 (w.e.f. 1-2-1977).7. Objections as to
misjoinderAll objections on the ground of misjoinder of causes of
action shall be taken at the earliest possible opportunity and, in all
cases where issues are settled, at or before such settlement unless the
ground of objection has subsequently arisen, and any such objection to
so taken shall be deemed to have been waived.HIGH COURT
AMENDMENTSDelhi:-"8. (1) Where an objection, duly taken, has been
allowed by the Court, the plaintiff shall be permitted to select the cause
of action with which he will proceed, and shall, within a time to be fixed
by the Court, amend the plaint (by striking out the remaining causes of
action).(2) When the plaintiff has selected the cause of action with
which he will proceed, the Court shall pass an Order giving him time
within which to submit (amended plaints for the remaining causes of
action) and for making up the court-fees that may be necessary. Should
the plaintiff not comply with the Court's Order, the Court shall proceed
as provided in Rule 18 of Order VI and as required by the provisions of
the Court-fees Act." (w.e.f. 9-6-1959).Himachal Pradesh:-"8. (1) Where
an objection, duly taken, has been allowed by the Court, the plaintiff
shall be permitted to select the cause of action with which he will
proceed, and shall, within a time to be fixed by the Court, amend the
plaint (by striking out the remaining causes of action).(2) When the
plaintiff has selected the cause of action with which he will proceed,
the Court shall pass an Order giving him time within which to submit
(amended plaints for the remaining causes of action) and for making up
the court-fees that may be necessary. Should the plaintiff not comply
with the Court's Order, the Court shall proceed as provided in Rule 18
of Order VI and as required by the provisions of the Court-fees Act."
(w.e.f. 9-6-1959).Kerala:-In Order II, after rule 7, insert the following
sub-rule, namely:-"8. (1) Where an objection, duly taken, has been
allowed by the Court, the plaintiff shall be permitted to select the cause
of action with which he will proceed, and shall, within a time to be fixed
by the Court, amend the plaint suitably.(2) When the plaintiff has
selected the cause of action with which he will proceed, the Court shall
pass an Order giving him time within which to submit (the amended
plaints for the remaining causes of action) and for making up the court-
fees that may be necessary. Should the plaintiff not comply with the
Court's Order, the Court shall proceed as provided in Rule 18 of Order
VI and as required by the provisions of the Court-fees Act." (w.e.f. 9-6-
1959).Punjab:-"8. (1) Where an objection, duly taken, has been allowed
by the Court, the plaintiff shall be permitted to select the cause of
action with which he will proceed, and shall, within a time to be fixed
by the Court, amend the plaint (by striking out the remaining causes of
action).(2) When the plaintiff has selected the cause of action with
which he will proceed, the Court shall pass an Order giving him time
within which to submit (amended plaints for the remaining causes of
action) and for making up the court-fees that may be necessary. Should
the plaintiff not comply with the Court's Order, the Court shall proceed
as provided in Rule 18 of Order VI and as required by the provisions of
the Court-fees Act." (w.e.f. 9-6-1959).[Vide Notification No. 33/SRO,
dated 12th May, 1909.]Rajasthan:-"8. (1) Where such objection, has
been allowed by the Court, the plaintiff shall be permitted to select the
cause of action with which he will proceed, and shall, within a time to
be fixed by the Court, amend the plaint (by striking out the remaining
causes of action).(2) When the plaintiff has selected the cause of action
with which he will proceed, the Court may on his application pass an
Order giving him time within which to submit (amended plaints for the
remaining causes of action) and for making up the court-fees that may
be necessary. Should the plaintiff not comply with the Court's Order,
the Court shall proceed as provided in Rule 18 of Order VI and as
required by the provisions of the Court-fees Act." (w.e.f. 14-8-1954).
CPC Order 3 - 1. Appearances, etc., may be in person, by recognized agent or by
RECOGNIZED AGENTS pleader-Any appearance, application or act in or to any Court, required
AND PLEADERS (THE or authorized by law to be made or done by a party in such Court, may,
FIRST Schedule) except where otherwise expressly provided by any law for the time
being in force, be made or done by the party in person, or by his
recognized agent, or by a pleader appearing, applying or acting, as the
case may be, on his behalf:Provide that any such appearance shall, if
the Court so directs, be made by the party in person.2. Recognized
agentThe recognized agent of parties by whom such appearances,
applications and acts may be made or done are-(a) persons holding
powers-of-attorney, authorizing them to make and do such
appearances, applications and acts on behalf of such parties;(b)
persons carrying on trade or business for and in the names of parties
not resident within the local limits of the jurisdiction of the Court
within which limits the appearance, application or act is made or done,
in matters connected with such trade or business only, where no other
agent is expressly authorized to make and do such appearances,
applications and acts.HIGH COURT AMENDMENTSBombay:-In Order III,
in rule 2, for clause (a), substitute the following clause, namely:-"(a)
Persons holding on behalf of such parties either (i) a general power of
attorney, or (ii) in the case of proceedings in the High Court of Bombay
an Attorney of such High Court or an Advocate, and in the case of
proceedings in any district, any such Attorney or any Advocate or a
Pleader to whom a sanad for that district has been issued, holding the
requisite special power of attorney from parties not resident within the
local limit of the jurisdiction of the Court within which limits the
appearance, application or Act made or done, authorising them or him
to make and do such appearances, applications and Acts on behalf of
such parties."[Vide Notification No. 3236, dated 27-11-1936.]Gujarat:-
In Order III, in rule 2, for clause (a), substitute the following clause,
namely:-"(a) Persons holding on behalf of such parties either (i) a
general power of attorney, or (ii) in the case of proceedings in the High
Court of Gujarat an Advocate, and in the case of proceedings in any
district, an Advocate or a Pleader to whom a sanad for that district has
been issued, holding the requisite special power of attorney from
parties not resident within the local limit of the jurisdiction of the Court
within which limits the appearance, application or Act made or done,
authorising them or him to make and do such appearances,
applications and Acts on behalf of such parties." (w.e.f. 17-3-
1961)Madhya Pradesh:-In Order III, in rule 2, for clause (a), substitute
the following clause, namely:-"(a) Persons holding on behalf of such
parties either (i) a general power of attorney, or (ii) in the case of
proceedings in the High Court of Madhya Pradesh an Advocate of that
High Court, and in the case of proceedings in any district, any Advocate
or a Pleader to whom a sanad for that district has been issued, holding
the requisite special power of attorney from parties not resident within
the local limit of the jurisdiction of the Court within which limits the
appearance, application or Act made or done, authorising them or him
to make and do such appearances, applications and Acts on behalf of
such parties."(w.e.f. 16-9-1960)3. Service of process on recognized
agent(1) Process served on the recognized agent of a party shall be as
effectual as if the same had been served on the party in person, unless
the Court otherwise directs.(2) The provisions for the service of process
on a party to a suit shall apply to the service of process on his
recognized agent.HIGH COURT AMENDMENTSPunjab, Haryana and
Chandigarh:-In Order III, in rule 3, for sub-rule (1), substitute the
following sub-rule, namely:-"(1) Process served on the recognised agent
or on an Advocate of the party shall be effectual as if the same had
been served on the party in person unless the Court otherwise
directs."[Vide G.S.R. 539/CA5/1908/74, dated 11-4-1975.]4[4.
Appointment of pleader(1) No pleader shall act for any person in any
Court, unless he has been appointed for the purpose by such person by
a document in writing signed by such person or by his recognized agent
or by some other person duly authorized by or under a power-of-
attorney to make such appointment.(2) Every such appointment shall
be 1[filed in Court and shall, for the purposes of sub-rule (1), be]
deemed to be in force until determined with the leave of the Court by a
writing singed by the client or the pleader, as the case may be, and filed
in Court, or until the client or the pleader dies, or until all proceedings
in the suit are ended so far as regards the client.2[Explanation.-For the
purposes of this sub-rule, the following shall be deemed to be
proceedings in the suit,-(a) an application for the review of decree or
Order in the suit,(b) an application under section 144 or under section
152 of this Code, in relatior to any decree or Order made in the suit,(c)
an appeal from any decree or Order in the suit, and(d) any application
or act for the purpose of obtaining copies of documents 01 return of
documents produced or filed in the suit or of obtaining refund of
moneys paid into the Court in connection with the suit.]3[(3) Nothing in
sub-rule (2) shall be construed-(a) as extending, as between the pleader
and his client, the duration for which the pleader is engaged, or(b) as
authorising service on the pleader of any notice or document issued by
any Court other than the Court for which the pleader was engaged,
except where such service was expressly agreed to by the client in the
document referred to in sub-rule (1)].(4) The High Court may, by
general Order, direct that, where the person by whom a pleader is
appointed is unable to write his name, his mark upon the document
appointing the pleader shall be attested by such person and in such
manner as may be specified by the Order.(5) No pleader who has been
engaged for the purpose of pleading only shall plead on behalf of any
party, unless he has filed in Court a memorandum of appearance signed
by himself and stating-(a) the names of the parties to the suit,(b) the
name of the party for whom he appears, and .(c) the name of the
person by whom he is authorized to appear :Provided that nothing in
this sub-rule shall apply to any pleader engaged to plead on behalf of
any party by any other pleader who has been duly appointed to act in
Court on behalf of such party.]HIGH COURT AMENDMENTSAllahabad.-
In Order III, in rule 4, in sub-rule (2), in Explanation,-(i) after clause (a),
insert the following clause, namely:-"(aa) a proceeding for revision of
an Order in the suit,"[Vide Notification No. 714-IV H-36-A, dated 9th
December, 1980 (w.e.f. 21-3-1981).](ii) after clause (d), insert the
following clauses, namely:-"(e) an application or proceedings for
transfer under sections 22,24 and 25 of this Code.(f) an application
under rule 4 or rule 9 or rule 13 of Order IX of this code,(g) an
application under rule 4 of Order XXXVII of this Code,(h) a reference
arising from or out of suit,(i) an application for execution of any decree
or Order in the suit,(j) any application relating to or incidental to or
arising from or out of any proceedings referred to in clauses (a) to (i) of
this sub-rule (including an application for leave to appeal) to Supreme
Court:Provided that where the venue to the suit or the proceedings
shifts from one Court (subordinate or otherwise) to another situate at a
different station, the pleader filing the appointment referred to in sub-
rule (2) in the former Court shall not be bound to appear, Act or plead
in the latter Court unless he files or has already filed a memorandum
signed by him that he has instructions from his client to appear, act or
plead in that Court."[Vide Notification No. 439/vii-b-123, dated 8th
August, 1994 (w.e.f. 22-10-1994).]Andhra Pradesh.-Same as in
Madras.Bombay.-(1) In Order III, in rule 4, for sub-rule (3), substitute
the following sub-rule, namely:-"(3) For the purposes of sub-rule (2)
above, (i) an application or a proceeding of ; transfer under section 23,
24 or 25 of this Code, (ii) an application under rule 9 or rule 13 of Order
IX of this Code, (iii) an application under rule 4 of Order 38 of this Code,
(iv) an application for review of Judgment, (v) an application under
section 152 of this Code, (vi) a reference arising from or out of the suit,
(vii) an application for amendment of the decree or Order or the record
in the suit, (viii) an application for the execution of any decree or Order
in the suit, (ix) an application under section 144 of this Code, (x) any
appeal (including an appeal under Letters Patent of the High Court) or
revision or a reference arising from or out of the suit, (xi) any
application relating to or incidental to or arising in or out of such appeal
or revision or a reference arising from or out of the suit (including an
application for leave to appeal under Letters Patent of the High Court or
for leave to appeal to the Supreme Court), (xii) any application or
proceeding for sanctioning prosecution under Chapter XXXV of the
Code of Criminal Procedure, 1898, relating to the suit or any of the
proceedings mentioned hereinbefore, or any appeal or revision arising
from and out of any Order passed in such application or proceedings,
(xiii) any application or act for the purposes of obtaining copies of
documents or the return of documents produced or filed in the suit or
in any of the proceedings mentioned hereinbefore, (xiv) any application
for the withdrawal or for obtaining the refund or payment of or out of
moneys paid or deposit into the Court in connection with the suit or
any of the proceedings mentioned hereinbefore, (including withdrawal,
refund or payment of or out of the moneys deposited as security for
costs or for covering the costs of the preparation, printing and
transmission of the Transcript Record of the appeal to the Supreme
Court), (xv) any application for expunging any remarks or observations
on the record of or made in the judgment in the suit or any appeal,
revision, reference or review from or out of the suit, (xvi) any
application for certificate in regard to the substitution of heirs in appeal
to the Supreme Court arising from the suit and (xvii) any application
under rule 15 of Order XLV of this Code, shall be deemed to be
proceedings in the suit:Provided that where the venue of the suit or the
proceeding shifts from one Court (subordinate or otherwise) to another
the pleader filing the appointment referred to in sub-rule (2) in the
former Court shall not be bound to appear, act or plead in the latter
Court unless he files or he has already filed a memorandum signed by
him that he has instructions from his client to appear, act and plead in
that Court."[Vide Maharastra Gazette, Pt. IVC, p. 1278, dated 24th
August, 1972.]Chandigarh.-Same as in Punjab.Delhi.-Same as in
Punjab.Haryana.-Same as in Punjab.Himachal Pradesh.-Same as in
Punjab.Gujarat.-In Order III, in rule 4, in sub-rule (3), between the
words "Order in the suit" and "any application or act", insert the words
"or any application relating to such appeal".[Ed.-This amendment
relates to sub-rule (3) prior to its substitution by the Central Act 104 of
1976, sec. 54 (w.e.f. 1-2-1977).]Karnataka.-In Order III, for rule 4,
substitute the following rule, namely:-"4. (1) No pleader shall act for
any person in any Court, unless he has been appointed for the purpose
by such person by a document subscribed with his signature in his own
hand by such person or by his recognised agent or by some other
person duly authorised by or under a power of attorney to make such
appointment and the appointment has been accepted in writing by the
pleader.(2) Every such appointment shall be filed into Court. Except as
otherwise provided in this rule, no such appointment shall be deemed
to have been until its determination with the leave of the Court by a
document subscribed with his signature in his own hand by the client or
his recognised or authorised agent or by the pleader, as the case may
be, and filed into Court; or until the client or the pleader dies, or until
all proceedings in the suit are ended so far as regards the client.(3) For
the purpose of sub-rule (2), proceedings in the suit shall mean all
interlocutory and miscellaneous proceedings connected with the suit or
any decree or Order passed therein taken in the Court in which the suit
has been instituted or by which the suit has been disposed of, and shall
include applications for review of judgment, applications for
amendment for correction of the decree, application for execution of
the decree or any Order in the suit or for restitution under section 144
of the Code or otherwise, applications for leave to appeal against
decree or Order passed in the suit, and applications or acts for the
purpose of obtaining copies of documents or copies of judgments,
decrees or Orders, or for the return of documents produced or filed in
the suit or for obtaining payment or refund of monies paid into Court in
connection with the suit or any decree or Order therein.(4) (a) In the
case of applications for execution of a decree, applications for review of
judgment and application for leave to appeal, a pleader whose
appointment continues in force by virtue of sub-rule (2) of this rule and
who has been served with the notice in any such application shall be at
liberty to intimate to the Court in writing in the form of a memorandum
filed into Court at or before the first hearing of any such application or
appeal that he has not received instructions from his client and to retire
from the case.(b) Where, however, the pleader does not so report the
absence of instructions to the Court but proposed to continue to act on
the strength of the original appointment, he shall file into Court at or
before the first hearing of such matter a formal memorandum stating
that he will continue to appear and act for his client in the said
application or appeal, as the case may be.(c) If a pleader files the
memorandum referred to in clause (a) or omits to file the
memorandum referred to in clause (b) within the time prescribed
therefor, the Court shall proceed as provided in sub-rule (2) of rule 5 of
this Order.(5) The High Court may by rule or general Order direct that
where the person by whom a pleader is appointed is unable to write his
name, his mark upon the document appointing the pleader shall be
attached by such person and in such manner as may be specified in the
rule or Order.(6) No pleader who has been engaged for the purpose of
pleading only shall plead on behalf of any party unless he has filed into
Court a memorandum or appearance signed by himself and stating (a)
the names of the parties to the suit, (b) name of the party for whom he
appears, and (c) the name of the person by whom he is authorised to
appear:Provided that nothing in this sub-rule shall apply to any pleader
engaged to plead on behalf of any party by any other pleader who has
himself been duly appointed to act in Court on behalf of such party.(7)
No Government Pleader or other pleader appearing on behalf of the
Government or on behalf of any public servant sued in his official
capacity shall be required to present any document empowering him to
act, but such pleader shall file into Court a memorandum of
appearance signed by him and stating the particulars : mentioned in
sub-rule (6)." (w.e.f. 30-3-1967)Kerala.-In Order III, in rule 4-(i) in sub-
rule (2), after the words "Every such appointment", insert the words
"when accepted by the pleader in writing".(ii) in old sub-rule (3), after
the words "section 152", insert the words "or applications under Order
IX rule 9 or 13".[Ed.-This amendment relates to sub-rule (3) prior to its
substitution by the Central Act '104 of 1976, sec. 54 (w.e.f. 1-
24977).](iii) omit sub-rule (5).(iv) after sub-rule (5), insert the following
sub-rule, namely:-"(6) No pleader appearing on behalf of the
Government or on behalf of any public servant sued in his official
capacity shall be required to present any document empowering him to
act, but such pleader shall file amemorandum of appearance signed by
himself and stating:(a) the name of the parties to the suit,(b) the name
of the party for whom he appears, and(c) the name of the person by
whom he is authorised to appear." (w.e.f. 9-6-1959)Madhya Pradesh.-In
Order III, in rule 4, for sub-rule (3), substitute the following sub-rule,
namely:-"(3) For the purposes of sub-rule (2) above, (i) an application
or a proceeding for transfer under sections 23,24 or 25 of this Code, (ii)
an application under rule 9 or rule 13 of Order 9, of this Code, (iii) an
application under rule 4 of Order 38 of this Code, (iv) an application for
review of judgment, (v) an application under section 152 of this Code,
(vi) a reference arising from or out of the suit, (vii) an application for
amendment of the decree or Order or the record in the suit or an
appeal, reference or revision arising from or out of the suit, (viii) an
application for the execution of any decree or Order in the suit, (ix) an
application under section 144 of this Code, (x) any appeal (including an
appeal under the Letters Patent of the High Court) or revision
application from any decree or Order in the suit or an appeal arising
from or out of the suit, (xi) any application relating to or incidental to or
arising in or out of such appeal or revision or a reference arising from or
out of the suit (including an application for leave to appeal under the
Letters Patent of the High Court or for leave to appeal to the Supreme
Court), (xii) any application or proceeding for sanctioning prosecution
under Chapter 35 of the Code of Criminal Procedure, 1898, relating to
the suit of any of the proceedings mentioned hereinbefore, or any
appeal or revision arising from and out or any Order passed in such
application or proceeding, (xiii) any application or act for the purposes
of obtaining copies of documents or the return of documents produced
or filed in the suit or in any of the proceeding mentioned hereinbefore,
(xiv) any application for the withdrawal or for obtaining the refund or
payment of or out of the moneys paid or deposited into the Court in
connection with the suit or any of the proceedings mentioned
hereinbefore (including withdrawal, refund or payment of or out of the
moneys deposited as security for costs or for covering the costs of the
preparation and printing of the Transcript Record of the appeal to the
Supreme Court), (xv) any application for expunging any remarks or
observations on the record of or made in the judgment in the suit or
any appeal, revision, reference or review arising from or out of the suit,
(xvi) any application for certificate in regard to the substitution of heirs
in appeal to the Supreme Court arising from the suit, and (xvii) any
application under rule 15 of Order 45 of this Code, shall be deemed to
be proceedings in the suit: Provided that where the venue of the suit or
the proceedings shifts from one Court (Subordinate or otherwise) to
another the Pleader filing the appointment referred to in sub-rule (2) in
the former Court shall not be bound to appear, act or plead in the latter
Court, unless he files or he has already filed a memorandum signed by
him that he has instructions from his client to appear, act and plead in
that Court."[Vide Madhya Pradesh Rajpatra, dated 18th October,
1968.]Madras.-In Order III, in rule 4,-(a) in sub-rule (1), for the words "in
writing signed", substitute the words "subscribed with his signature in
his own hand".(b) in sub-rule (2), for the words "a writing signed",
substitute the words "a document subscribed with his signature in his
own hand";(c) after sub-rule (5), insert the following sub-rule, namely:-
"(6) No Government or other appearing on behalf of the [Government]
or on behalf of any public servant sued in his official capacity shall be
required to present any document empowering him to act, but such
pleader shall file a memorandum of appearance signed by himself and
stating the particulars mentioned in sub-rule (5)."Orissa.-In Order III, in
rule 4-(i) omit sub-rule (4); (ii) after sub-rule (5), insert the following
sub-rule, namely:-"(6) No pleader shall be entitled to make any
application or do any appearance, or act for any person, unless he
presents an appointment in writing duly signed by such person or his
recognised agent or by some other agents duly authorised by power of
attorney to act on his behalf; or unless he is instructed by an attorney
or pleader duly authorised so as to act on behalf of such person."[Vide
Notification No. 5596-RX-2188 (w.e.f 14-5-1984}.]Patna.-In Order III, in
rule 4, for sub-rule (4), substitute the following sub-rule, namely:-"(4)
Notwithstanding anything contained in Or. III; rule 4(3) of the First
Schedule of the Code of Civil Procedure, 1908, no advocate shall be
entitled to make or do any appearance, application or act for any
person unless he presents an appointment in writing, duly signed by
such person or his recognised agent or by some other agent duly
authorised by power of attorney to act in his behalf; or unless he is
instructed by an attorney or pleader authorised to act on behalf of such
person."Punjab.- In Order III, in rule 4, for sub-rule (3), substitute the
following sub-rule, namely:-"(3) For the purpose of sub-rule (2)-(i) an
application or a proceeding for transfer under section 22, 24 or 25 of
this Code,(ii) an application under rule 4 or rule 9 or rule 13 of Order IX
of this Code,(iii) an application under rule 4 of Order XXXVII of this
Code,(iv) an application for review of judgment,(v) a reference arising
from or out of the suit,(vi) an application for amendment of the decree
or Order or the record in the suit or an appeal, reference or revision
arising from or out of the suit,(vii) an application for the execution of
any decree or Order in the suit(viii) an application for restitution under
section 144 or section 151 of this Code,(ix) an application under section
151 of this Code,(x) an application under section 152 of this Code,(xi)
any appeal (including an appeal under the Letters Patent of the High
Court) or revision application from any decree or Order in the suit or an
appeal arising from or out of the suit,(xii) any application relating to or
incidental to or arising from or out of such appeal or revision or a
reference arising from or out of the suit {including an application for
leave to appeal under the Letters Patent of the High Court or leave to
appeal to the Supreme Court),(xiii) any application for directing or
proceeding for prosecution under Chapter XXXV of the Code of Criminal
Procedure, 1898, relating to the suit or any of the proceedings
mentioned hereinbefore or an appeal or revision arising or revision
arising from and out of any Order passed in such application or
proceeding,(xiv) any application or act for the purpose of obtaining
copies of documents or the return of documents produced or filed in
the suit or in any of the proceedings mentioned hereinbefore,(xv) any
application for the withdrawal or for obtaining the refund or payment
or out of the monies paid or deposited into the Court in connection
with the suit or any of the proceedings mentioned hereinbefore
(including withdrawal, refund or payment of or out of the monies
deposited as security for costs or covering the costs of the preparation
and printing of the Transcript Record of the appeal to the Supreme
Court),(xvi) any application for expunging any remarks or observations
on the record of or made in the judgment in the suit or any appeal,
revision, reference or review arising from or out of the suit,(xvii) any
application for certificate in regard to the substitution of heirs in appeal
to the Supreme Court arising from the suit, and(xviii) any application
under rule 15 of Order XLV of the Code, shall be deemed to be
proceedings in the suit:Provided that where the venue of the suit or the
proceedings shifts from one Court {subordinate or otherwise) to
another, situate at a different station, the pleader filing the
appointment referred to in sub-rule (2) in the former Court shall not be
"bound to appear, act or plead in the latter Court, unless he files or he
has already filed a memorandum signed by him that he has instructions
from his client to appear, act and plead in that Court." (w.e.f. 10-9-
1968)Rajasthan.-In Order III, in rule 4,-(a) in sub-rule (3) same as in
Gujarat;(b) after sub-rule (5), insert the following sub-rule, namely:-"(6)
No Government pleader within the meaning of Order XXVII, rule 8 B
shall be required to present any document empowering him to act, but
such pleader shall file a memorandum of appearance signed by himself
and stating the particulars mentioned in sub-rule (5)."N.B.-It may be
noted that provisions of old sub-rule (3) have been drafted into
Explanation to sub-rule (2) (w.e.f. 14-8-1954).1. Subs, by Act No. 104 of
1976, sec. 54 for "filed in Court and shall be" (w.e.f. 1-2-1977).2. Ins. by
Act No. 104 of 1976, sec. 54 (w.e.f. 1-2-1977).3. Subs, by Act No. 104 of
1976, sec. 54, for sub-rule (3) (w.e.f. 1-2-1977).4. Subs. by Act 22 of
1926, sec. 2, for rule 4.5. Service of process on pleader.1[Any process
served on the pleader who has been duly appointed to act in Court for
any party] or left at the office or ordinary residence of such pleader,
and whether the same is for the personal appearance of the party or
not, shall be presumed to be duly communicated and made known to
the party whom the pleader represents, and, unless the Court
otherwise directs, shall be as effectual for all purposes as if the same
had been given to or served on the party in person.HIGH COURT
AMENDMENTSAndhra Pradesh.-Same as in Madras.Bombay.-In Order
III, for rule 5, substitute the following rule, namely:-"5. Service of
Process on pleader.-Any process served on a pleader who has been
appointed to act for any party or left at the office or ordinary residence
of such pleader, and whether the same is for the personal appearance
of the party or not, shall be presumed to be duly communicated and
made known to the party whom the pleader represents and, unless the
Court otherwise directs shall be as effectual for all purposes as if the
same had been given to or served on the party in person." (w.e.f 11-6-
1966)Gujarat.-In Order III, in rule 5, for the words "on the pleader of
any party", substitute the words "on a pleader who has been appointed
to act for any party". (17-8-1961)[Ed.-The amendment relates to rule 5
prior to its amendment by the Central Act 104 of 1976, sec. 54 (w.e.f, 1-
2-1977).]Karnataka.-In Order III, for rule 5, substitute the following rule,
namely:-"5. (1) Any process served on the pleader of any party or left at
the office or ordinary residence of such pleader and whether the same
is for the personal appearance of party or not, shall be presumed to be
duty communicated and made known to the party whom the pleader
represents and unless the Court otherwise directs, shall be as effectual
for all purposes as if the same had been given to or served on the party
in person.Explanation.-Service on a pleader engaged only to plead and
who does not act his client shall not raise the presumption under this
rule.(2) A pleader appointed to act shall be bound to receive notice on
behalf of his client in all proceedings in the suit as defined in sub-rule
(3) of Rule 4. Where however, such pleader having been served with
notice reports to Court absence of instructions from his client under
sub-rule 4 of Rule 4, the Court shall direct that notice shall be issued
and served personally on the party in the manner prescribed for service
of summons on a defendant under Order V of this Code." (w.e.f. 30-3-
1967)Madhya Pradesh.-Same as in Gujarat. (w.e.f. 16-9-1960)Madras.-In
Order III, in rule 5, insert the following Explanation, namely:-
"Explanation.- Service on a pleader who does not act for his client, shall
not raise the presumption under this rule."[Vide R.CO.NO. 1810 of
1926, dated 20th December, 1927.]Orissa.-Same as in Patna.Patna.-In
Order III, after rule 5, insert the following rule, namely:-"5B.
Notwithstanding anything contained in Order III, sub-rules (2) and (3) of
rule 4 of the First Schedule of the Code of Civil Procedure, 1908 no
pleader shall act for any person in the High Court, unless he has been
appointed for the purpose in the manner prescribed by sub-rule (1) and
the appointment has been filed in the High Court." (w.e.f. 26-7-
1948)Rajasthan.-Same as in Gujarat.1. Subs, by Act No. 104 of 1976,
sec. 54, for "Any process served on the pleader of any party" (w.e.f. 1 -
2-1977).6. Agent to accept service.(1) Besides the recognized agents
described in rule 2 any person residing within the jurisdiction of the
Court may be appointed an agent to accept service of process.(2)
Appointment to be m writing and to be filed in Court-Such appointment
may be special or general and shall be made by an instrument in writing
signed by the principal, and such instrument or, if the appointment is
general, a certified copy thereof shall be filed in Court.1[(3)The Court
may, at any stage of the suit, Order any party to the suit not having a
recognised agent residing within the jurisdiction of the Court, or a
pleader who has been duly appointed to act in the Court on his behalf,
to appoint, within a specified time, an agent residing within the
jurisdiction of the Court to accept service of the process on his
behalf.]HIGH COURT AMENDMENTSBombay.-In Order III, in rule 6, after
sub-rule (2), insert the following sub-rule with marginal note, namely:-
"(3) Court may Order appointment of agent for service within its
jurisdiction.-The Court may, at any stage of a suit, Order any party to
the suit not having a recognised agent residing within the jurisdiction of
the Court, to appoint within a specified time an agent within the
jurisdiction of the Court to accept service of process on his
behalf."Note.-In Order III, in rule 6, the marginal note and sub-rule (3),
have been superseded vide Maharashtra Government Gazette, Pt. IV, p.
397, dated 15th September, 1983.Gujarat.-Same as in Bombay, except
marginal note, (w.e.f. 17-8-1961)1. Ins. by Act No. 104 of 1976, sec. 54
(w.e.f. 1-2-1977).
CPC Order 4 - Order IVINSTITUTION OF SUITS1. Suit to be commenced by plaint(1)
INSTITUTION OF SUITS Every suit shall be instituted by presenting a 1[plaint in duplicate to the
(THE FIRST Schedule) Court] or such officer as it appoints in this behalf.(2) Every plaint shall
comply with the rules contained in Orders VI and VII, so far as they are
applicable.2[(3) The plaint shall not be deemed to by duly instituted
unless it complies with the requirements specified in sub-rules (1) and
(2).]HIGH COURT AMENDMENTSAllahabad.-In Order IV, in rule 1,-(a) for
sub-rule (1), substitute the following sub-rules, namely:-"(1) Every suit
shall be instituted by presenting to the Court or such officer as it
appoints in this behalf a plaint, together with a true copy for service
with the summons upon each defendant, unless the Court for good
cause shown allows time for filing such copies.(2) The court-fee
chargeable for such service be paid in the case of suits when the plaint
is filed and in the case of all other proceedings when the process is
applied for."(b) re-number sub-rule (2) as sub-rule (3).[Vide Notification
No. 4084/35(a)-3(7), dated 24th July, 1926.]Bombay.-In Order IV, for
rule 1, substitute the following rule, namely:-"1. Suit to be commenced
by a plaint.-(1) (a) Every suit shall be instituted by presenting a plaint to
the Court or such Officer as it appoints in this behalf.(b) The plaintiff
shall, except in the Bombay City Civil court, file as many true copies on
plain paper of the plaint with annexes as there are defendants, for
service with the summons upon the defendants, unless the Court by
reason of the length of the plaint or the number of defendants or for
any other sufficient reason permits him to present a like number of
concise statements of the nature of the claim made or of the relief
claimed in the suit in which case, he shall present such statement. Such
copies or statements shall be filed along with the plaint unless the
Court, for good cause shown, allows time for filing such copies or
statements.(2) Where the plaintiff sues, or the defendant or any of the
defendants is sued, in a representative capacity, such statements shall
show in what capacity the plaintiff or the defendant sues or is sued.(3)
The plaintiff may, by leave of the Court, amend such statements so as to
make them correspond with the plaint.(4) The fee, chargeable for
service of the summons upon the defendants, shall be paid when the
plaint is filed or within such time as may be extended by the Court.(5)
Every plaint shall comply with the rules contained in Orders VI and VII
so far as they are applicable."(w.e.f. 1-10-1983)Madhya Pradesh.-In
Order IV, in rule 1,-(a) for sub-rule (1), substitute the following sub-rule,
namely:-"(1) Every suit shall be instituted by presenting to the Court or
such officer as it appoints in this behalf a plaint, together with as many
true copies on plain paper of the plaint as there are defendants, for
service with the summons upon each defendant, unless the Court, for
good cause shown, allows time for filing such copies."(b) after sub-rule
(1), insert the following sub-rule, namely:-"(2) The Court-fee chargeable
for such service shall be paid in the case of suits when the plaint is filed,
and in the case of all other proceedings when the process is applied
for."(c) renumber sub-rule (2) as sub-rule (3). (w.e.f. 29-6-
1943)Rajasthan.-Substitute sub-rule (1) as in Madhya Pradesh.[Vide
Notification No. 33/SRO, dated 21st July, 1954.]1. Subs, by Act No. 46 of
1999 section 14 (w.e.f. 1-7-2002) for "plaint to the court".2. Added by
Act No. 46 of 1999 section 14 (w.e.f. 1-7-2002).2. Register of suitsThe
Court shall cause the particulars of every suit to be entered in a book to
be kept for the purposes and called the resister of civil suits. Such
entries shall be numbered in every year according to the Order in which
the plaints are admitted.HIGH COURT AMENDMENTSCalcutta:-In Order
IV, in rule 2, after the words "particulars of every suit", insert the words
"except suits triable by a Court invested with the jurisdiction of a Court
of Small Causes under the Provincial Small Cause Courts Act, 1887".
(w.e.f. 1-1-1939)Gauhati.-Same as in Calcutta.STATE AMENDMENTSUttar
Pradesh-In its application to the State of Uttar Pradesh after Order IV,
the following Order shall be inserted:-Order IVACONSOLIDATION OF
CASES1. Consolidation of suits and proceedingsWhen two or more suits
or proceedings are pending in the same Court, and the Court is of
opinion that it is expedient in the interest of justice, it may by Order
direct their joint trial, where upon all such suits and proceedings may
be decided upon the evidence in all or any of such suits or
proceedings." [U.P. Act 57 of 1976].
CPC Order 5 - ISSUE Issue of Summons1 Summons1[(1) When a suit has been duly
AND SERVICE OF instituted, a summons may issued to the defendant to appear and
SUMMONS answer the claim and to file the writ statement of his defence, if any,
within thirty days from the date of service summons on that
defendant;Provided that no such summons shall be issued when a
defendant has appeal at the presentation of the plaint and admitted
the plaintiff's claim :Provided further that where the defendant fails to
file the written statement wit! the said period of thirty days, he shall be
allowed to file the same on such other days as may be specified by the
Court for reasons to be recorded in writing, but whi shall not be later
than ninety days from the date of service of summons.;](2) A defendant
to whom a summons has been issued under sub-rule (1) m appear?(a)
in person, or(b) by a pleader duly instructed and able to answer all
material questions relati to the suit, or(c) by a pleader accompanied by
some person able to answer all such questiot(3) Every such summons
shall be signed by the Judge or such officer as appoints, and shall be
sealed with the seal of the Court.1. Sub-rule (1) was substituted by Act
No. 46 of 1999, section 15 and now further substituted Act No. 22 of
2002, section 6 (w.e.f. 1-7-2002).1[2. Copy of plaint annexted to
summonsEvery summons shall be accompanied by a copy of the
plaint].HIGH COURT AMENDMENTSBombay:In Order V, for rule 2,
substitute the following rule, namely:- "2. Copy of plaint to accompany
summons.- Every summons except in the case of one issued by the City
Civil Court, shall be accompanied by a copy of the plaint with annexures
or if so permitted, by concise statement." (w.e.f. 1-10-1983)1. Subs, by
Act No. 46 of 1999, section 15 for rule 2 (w.e.f. 1-7-2002).3. Court may
Order defendant or plaintiff to appear in person(1) Where Court sees
reason to require the personal appearance of the defendant, the
summons shall Order him to appear in person in Court on the day
therein specific(2) Where the Court sees reason to require the personal
appearance of the plaintiff on the same day, it shall make an Order for
such appearance.4. No party to be Ordered to appear in person unless
resident within certain limitsNo party shall be Ordered to appear in
person unless he resides?(a) within the local limits of the Court's
ordinary original jurisdiction, or(b) without such limits but at place less
than fifty or (where there is railway steamer communication or other
established public conveyance for five-sixths ( the distance between the
place where he resides and the place where the Court situate) less than
two hundred miles distance from the Court-house.HIGH COURT
AMENDMENTSAllahabad.-In Order V, after rule 4, insert the following
rule, namely:-"4A. Except as otherwise provided, in every interlocutory
proceeding and in every proceeding after decree in the trial Court, the
Court may, either on the application of any party, or of its own motion,
dispense with service upon any defendant who has not appeared or
upon any defendant who has not filed a written statement." (w.e.f. 24-
7-1926.)Bombay:-In Order V, for rule 4, substitute the following rule,
namely:-"4. No party shall be Ordered to appear in person unless he
resides:-(a) Within the local limits of the Court's Ordinary Original
jurisdiction, or(b) Without such limits but at a place less than 100 or
(where there is railway or steamer communication or other established
public conveyance for five-sixths of the distance between the place
where he resides and the place where the Court is situate), less than
five hundred kilometres distance from the Court House." (w.e.f. 1-10-
1983)5. Summons to be either to settle issues or for final disposal.The
Court shall determine, at the time, of issuing the summons, whether it
shall be for the settlement of issues only, or for the final disposal of the
suit; and the summons shall contain a direction accordingly :Provided
that, in every suit heard by a Court of Small Causes, the summons shall
be for the final disposal of the suit.HIGH COURT AMENDMENTSAndhra
Pradesh:-Same as in Madras.Bombay:-In Order V, in rule 5 , after the
words "whether it shall be for", insert the words "filing of written
statement and the ". (w.e.f. 1-10-1983).Calcutta:-In Order V, in rule 5,
after the words "issues only", insert the words "for the ascertainment
whether the suit will be contested".[Vide Notification No. 1242-G,
dated 25th August, 1927.]Gauhati.-Same as in Calcutta.Karnataka.-In
Order V, for rule 5, substitute the following rule, namely:-"5. The Court
shall determine, at the time of issuing the summons, whether it shall
be-(a) for the settlement of issues only, or(b) for the defendant to
appear and state whether he contests to or does not contest the claim
and directing him if he contests to receive directions as to the date on
which he has to file his written statement, the date of trial and other
matters, and if he does not contest for final disposal of the suit at once,
or(c) for the final disposal of the suit; and the summons shall contain a
direction accordingly:Provided that, in every suit heard by a Court of
Small Causes, the summons shall be for final disposal of the suit," (w.e.f.
30-3-1967)Kerala.-In Order V, for rule 5, substitute the following rule,
namely:-"5. Summons to be either (1) to ascertain owhether the suit is
contested or not or (2) for the final disposal of the suit. The Court shall
determine at the time of issuing the summons, whether it shall be-(i)
for the defendant to appear and state whether he contests, or does not
contest the claim and directing him if he contests, to receive directions
as to the date on which he has to file his written statement, the date of
trial and other matters and if he does not contest, for final disposal of
the suit at once; or(ii) for the final disposal of the suit at once; and the
summons shall contain a direction accordingly:Provided that in every
non-appealable case the summons shall be for the final disposal of the
suit." (w.e.f. 9-6-1959)Madras.-In Order V for rule 5, substitute the
following rule, namely:-"5. Summons to be either (1} to settle issues, or
(2) to ascertain whether the suit is contested or not or (3) for final
disposal.-The Court shall determine, at the time of issuing the
summons, whether it shall be-(1) for the settlement of issues only, or
(2) for the defendant to appear and state whether he contests or does
not contest the claim and directing him, if he contests, to receive
directions as to the date on which he has to file his written statement,
the date of trial and other matters, and if he does not contest, for final
disposal of the suit at once; or (3) for the final disposal of the suit; and
the summons shall contain a direction accordingly:Provided that in
every suit heard by the Court of Small Causes, the summons shall be for
the final disposal of the suit."6. Fixing day for appearance of
defendantThe day for the appearance of the defendant 1[under sub-
rule (1) of the rule 1] shall be fixed with reference to the current
business of the Court, the place of residence of the defendant and the
time necessary for the service of the summons; and the day shall be so
fixed as to allow the defendant sufficient time to enable him to appear
and answer on such day.1. Subs. by Act 46 of 1999, sec. 15, for "for the
appearance of the defendant" (w.e.f. 1-7-2002).7. Summons to Order
defendant to produce documents relied on by him?The summons to
appeal and answer shall Order the defendant to produce 1[all
documents or copies thereof specified in rule 1A of Order VIII] in his
possession or power upon which he intends to rely in support of his
case.HIGH COURT AMENDMENTSBombay.-In Order V, for rule 7,
substitute the following rule, namely:-"7. Summons to Order defendant
to produce documents relied on by him.-The summons to appear and
answer and/or filing a written statement within a time specified therein
shall Order the defendant to produce all documents in his possession or
power upon which he bases his defence, claim or set-off or counter
claim, and shall further Order mat where he relies on any other
documents {whether in his possession or power or not) as evidence in
support of his defence, claim for set-off or counter claim, he shall file a
list of such documents." (w.e.f. 1-11-1966)Delhi.-Same as in
Punjab.Haryana.-Same as in Punjab.Himachal Pradesh.-Same as in
Punjab.Punjab.-In Order V, for rule 7, substitute the following ride,
namely;-"7. Summons to Order defendant to produce documents relied
on by him.-The summons to appear and answer shall Order the
defendant to produce all documents in his possession or power upon
which he bases his defence or any claim for set-off and shall further
Order that where he relies on any other documents (whether in his
possession or power or not) as evidence in support of his defence or
claim for set-off, he shall enter such documents in a list to be added or
annexed to the written statement."[Vide Notification No. 233-R/XI-Y-17,
dated 24th July, 1936.]1. Subs, by Act No. 46 of 1999, section 15 (w.e.f.
1-7-2002) for certain words.8. On issue of summons for final disposal,
defendant to be directed to produce his witnesses.Where the summons
is for the final disposal of the suit, it shall also direct the defendant to
produce, on the day fixed for his appearance, all witnesses upon whose
evidence he intends to relay in support of his case.Service of
Summons1[9. Delivery of summons by Court(1) Where the defendant
resides within the jurisdiction of the Court in which the suit is
instituted, or has an agent resident within that jurisdiction who is
empowered to accept the service of the summons, the summons shall,
unless the Court otherwise directs, be delivered or sent either to the
proper officer to be served by him or one of his subordinates or to such
courier services as are approved by the Court.(2) The proper officer
may by an officer of a Court other than that in which the suit is
instituted, and, where he is such an officer, the summons may be sent
to him in such manner as the Court may direct.(3) The services of
summons may be made by delivering or transmitting a copy thereof by
registered post acknowledgement due, addressed to the defendant or
his agent empowered to accept the service or by speed post or by such
courier services as are approved by the High Court or by the Court
referred to in sub-rule (1) or by any other means of transmission of
documents (including fax message or electronic mail service) provided
by the rules made by the High Court:Provided that the service of
summons under this sub-rule shall be made at the expenses of the
plaintiff.(4) Notwithstanding anything contained in sub-rule (1), where a
defendant resides outside the jurisdiction of the Court in which the suit
is instituted, and the Court directs that the service of summons on that
defendant may be made by such mode of service of summons as is
referred to in sub-rule (3) (except by registered post acknowledgment
due), the provisions of rule 21 shall not apply.(5) When an
acknowledgment or any other receipt purporting to be signed by the
defendant or his agent is received by the Court or postal article
containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee or
by any person authorised by the courier service to the effect that the
defendant or his agent had refused to take delivery of the postal
articles containing the summons or had refused to accept the summons
by any other means specified in sub-rule (3) when tendered or
transmitted to him, the Court issuing the summons shall declare that
the summons had been duly served on the defendantProvided that
where the summons was properly addressed, pre-paid and duly sent by
registered post acknowledgment due, the declaration referred to in this
sub-rule shall be made notwithstanding the fact that the
acknowledgment having been lost or mislaid, or for any other reason,
has not been received by the Court within thirty days from the date of
issue of summons.(6) The High Court or the District Judge, as the case
may be, shall prepare a panel of courier agencies for the purposes of
sub-rule (1).1. Rule 9 was substituted by Act No. 46 of 1999 section 15
and now further substituted by Act No.22 of 2002, section 6 (w.e.f. 1-7-
2002).9A. Summons given to the plaintiff for service(1) The Court may,
in addition to the service of summons under rule 9, on the application
of the plaintiff for the issue of a summons for the appearance of the
defendant, permit such plaintiff to effect service of such summons on
such defendant and shall, in such a case, deliver the summons to such
plaintiff for service.(2) The service of such summons shall be effected
by or on behalf of such plaintiff by delivering or tendering to the
defendant personally a copy thereof signed by the Judge or such officer
of the Court as he may appoint in this behalf and sealed with the seal of
the Court or by such mode of service as is referred to in sub-rule (3) of
rule 9.(3) The provisions of rules 16 and 18 shall apply to a summons
personally served under this rule as if the person effecting service were
a serving officer.(4) If such summons, when tendered, is refused or if
the person served refuses to sign an acknowledgment of service or for
any reason such summons cannot be served personally, the Court shall,
on the application of the party, re-issue such summons to be served by
the Court in the same manner as a summons to a defendant.]10. Mode
of service.Service of the summons shall be made by delivering or
tendering a copy thereof signed by the Judge or such officer as he
appoints in this behalf, and sealed with the seal of the Court.HIGH
COURT AMENDMENTSKarnataka.-In Order V, in rule 10, insert the
following proviso, namely:-"Provided that, in any case the Court may
either on its own motion or on the application of the plaintiff, either in
the first instance or when summons last issued is returned unserved
direct the service of summons by registered post prepaid for
acknowledgment, instead of the mode of service laid down in this rule.
The postal acknowledgment purporting to contain the signature of the
defendant may be deemed to be prima facie proof of sufficient service
of the summons on the defendant on the day on which it purports to
have been signed by him. If the postal cover is returned unserved, an
endorsement purporting to have been made thereon by the delivery
peon or either an employee or officer of the Postal Department shall be
prima facie evidence of the statements contain therein." (w.e.f. 30-3-
1967)Patna.-In Order V, in rule 10, insert the following proviso, namely:-
"Provided that in any case the Court may, on its own motion, or on the
application of the plaintiff, send the summons to the defendant by post
in addition to the mode of service laid in this rule. An acknowledgment
purporting to be signed by the defendant or an endorsement by postal
servant that the defendant refused to take delivery may be deemed by
the Court issuing the summons to be prima facie proof of
service."Rajasthan.-In Order V, in rule 10, insert the following proviso,
namely:-"Provided that in any case the Court may in its discretion send
the summons to the defendant by registered post in addition to the
mode of service laid down in this rule. An acknowledgment purporting
to be signed by the defendant or an endorsement by postal servant
that the defendant refused to take the delivery may be deemed by the
Court issuing the summons to be prima facie proof of service." (w.e.f.
14-8-1954)STATE AMENDMENTSDelhi.-Same as in Punjab.Haryana.-
Same as in Punjab.Himachal Pradesh.-Same as in Punjab.Punjab.-In
Order V, in rule 10, insert the following proviso, namely:-"Provided that
in any case if the plaintiff so wishes the Court may serve the summons
in the first instance by registered post (acknowledgment due) instead of
in the mode of service laid down in this rule."[Vide Act 31 of 1966; secs.
29 and 32 (w.e.f. 1-11-1966).]11. Service on several defendants.Save as
otherwise prescribed, where there are more defendants than one,
service of the summons shall be made on each defendant.12. Service to
be on defendant on person when practicable, or on his
agent?Wherever it is practicable service shall be made on the
defendant in person, unless he has an agent empowered to accept
service, in which case service on such agent shall be sufficient.13.
Service on agent by whom defendant carries on business(1) In a suit
relating to any business or work against a person who does not reside
within the local limits of the jurisdiction of the Court from which the
summons is issued, service on any manager or agent, who, at the time
of service, personally carries on such business or work for such person
within such limits, shall be deemed good service.(2) For the purpose of
this rule the master of a ship shall be deemed to be the agent of the
owner or chartered.14. Service on agent in charge in suits for
immovable propertyWhere in a suit to obtain relief respecting, or
compensation for wrong to, immovable property, service cannot be
made on the defendant in person, and the defendant has no agent
empowered to accept the service, it may be made on any agent of the
defendant in charge of the property.1[15. Where service may be on an
adult member of defendant's familyWhere in a suit the defendant is
absent from his residence at the time when the service of summons is
sought to be effected on his at his residence and there is no likelihood
of his being found at the residence within a reasonable time and he has
no agent empowered to accept service of the summons on his behalf
service may be made on any adult member of the family, whether male
or female, who is residing with him.Explanation.?A servant is not a
member of the family within the meaning of this rule.]HIGH COURT
AMENDMENTBombay.-In Order V, for rule 15, substitute the following
rule, namely:-"15. Where service may be on male member of
defendant's family.-When the defendant cannot for any reason be
personally served and has no agent empowered to accept service of the
summons on his behalf, service may be made on any adult male
member of the family of the defendant who is residing with
him.Explanation.-A servant is not a member of the family within the
meaning of this rule." (w.e.f. 1-10-1983)1. Subs. by Act No. 104 of 1976,
sec. 55, for rule 15 (w.e.f. 1-2-1977).16. Person served to sign
acknowledgementWhere the serving officer delivers or tenders a copy
of the summons to the defendant personally, or to an agent or other
person on his behalf, he shall require the signature of the person to
whom the copy is so delivered or tendered to an acknowledgement of
service endorsed on the original summons.17. Procedure when
defendant refuses to accept service, or cannot be foundWhere the
defendant or his agent or such other person as aforesaid refuses to sign
the acknowledgement, or where the serving officer, after using all due
and reasonable diligence, cannot find the defendant, 1[who is absent
from his residence at the time when service is sought to be effected on
him at his residence and there is no likelihood of his being found at the
residence within a reasonable time] and there is no agent empowered
to accept service of the summons on his behalf, nor any other person
on whom service can be made, the serving officer shall affix a copy of
the summons on the outer door or some other conspicuous part of the
house in which the defendant ordinarily resides or carries on business
or personally works for gain, and shall then return the original to the
Court from which it was issued, with a report endorsed thereon or
annexed thereto stating that he has so affixed the copy, the
circumstances under which he did do, and the name and address of the
person (if any) by whom the house was identified and in whose
presence the copy was affixed.HIGH COURT AMENDMENTSCalcutta.-In
Order V, for rule 17, substitute the following rule, namely:-"17.
Procedure when defendant refuses to accept service, or cannot be
found:-Where the defendant or his agent or such other person as
aforesaid refuses to sign the acknowledgment, or where the defendant
is absent from his residence at the time when service is sought to be
effected on him thereat and there is no likelihood of his being found
thereat within a reasonable time and there is no agent empowered to
accept service of the summons on his behalf, nor any other person
upon whom service can be made, the serving officer shall affix a copy of
the summons on the outer door or some other conspicuous part of the
house in which the defendant ordinarily resides or carries on business
or personally works for gain and shall then return the original to the
Court from which it was issued with a report Ordered thereon or
annexed thereto stating that he has so affixed the copy, the
circumstances under which he did so, and the name and address of the
person (if any) by whom the house was identified and in whose
presence the copy was affixed." (w.e.f. 25-7-1928)Gauhati.-Same as in
Calcutta.Karnataka.-In Order V, for rule 17, substitute the following rule,
namely:-"17. Procedure when defendant refuses to accept service, or
cannot be found.-Where the defendant or his agent or such other
person as aforesaid refuses to sign the acknowledgment, or where the
defendant is not present at the house in which he ordinarily resides or
carries on business or personally works for gain at the time when
service is sought to be effected on him thereat and there is no
likelihood of his being found thereat within a reasonable time and there
is no agent empowered to accept service of the summons on his behalf
nor any other person upon whom service can be made under rule 15,
the serving officer shall affix a copy of the summons on the outer door
of or some other conspicuous part of the house in which the defendant
ordinarily resides or carries on business or personally works for gain,
and shall then return the original to the Court from which it was issued,
with a report endorsed thereon or annexed thereto staring that he has
so affixed the copy, the circumstances under which he did so, and the
name and address of the person, if any, by whom the house was
identified and in whose presence the copy was to affixed." (w.e.f. 30-3-
1967)Madhya Pradesh.-In Order V, in rule 17, insert the following
proviso, namely:-"Provided that where a special service has been issued
and the defendant refuses to sign the acknowledgment it shall not be
necessary to affix a copy as directed hereinafter." (w.e.f. 16-9-1960)1.
Ins. by Act No. 104 of 1976, sec. 55 (w.e.f. 1-2-1977).18. Endorsement
of time and manner of service.The serving officer shall, in all cases in
which the summons has been served under rule 16, endorse or annex,
or cause to be endorsed or annexed, on or to the original summons, a
return stating the time when and the manner in which the summons
was served, and the name and address of the person (if any) identifying
the person served and witnessing the delivery or tender of the
summons.HIGH COURT AMENDMENTSAndhra Pradesh.-In Order V,
after rule 18, insert the following rule, namely:-"18A. Chief Ministerial
Officer, District Courts, may be empowered to Order issue of fresh
Summons.-A District Judge, within the meaning of the Madras Civil
Courts Act, 1873, may delegate to the Chief Ministerial Officer of the
District Court the power to Order the issue of fresh summons to a
defendant when the return on the previous summons is to the effect
that the defendant was not served and the plaintiff does not object to
the issue of fresh summons within seven days after the return has been
notified on the notice board."Karnataka.-In Order V, after rule 18, insert
the following rule, namely:-"18A.-The Presiding Officer of a Civil Court
may delegate to the Chief Ministerial Officer of the Court, the power to
Order issue of fresh summons to a defendant when the return on the
previous summons is to the effect that the defendant was not served
and the plaintiff does not object to the issue of fresh summons within 7
days after he has been required to deposit the necessary process fee
for the issue of fresh summons. If the plaintiff objects, the matter shall
be placed before the Presiding Officer for his Orders." (w.e.f. 30-3-
1967)Madras.-In Order V, for rule 18A which was inserted in 1929,
substitute the following rule, namely:-"18A.-A District Judge, a
subordinate Judge and a District Munsif within the meaning of the
Madras Civil Courts Act, 1873, and a City Civil Judge within the meaning
of the Madras City Civil Court Act, 1892 may delegate to the Chief
Ministerial Officer of their respective Courts the power to issue fresh
summons to a defendant when (i) the return on the previous summons
is to the effect that the defendant was not served and (ii) the plaintiff
does not object to the issue of fresh summons within 7 days after the
return has been notified on the Notice Board."[Vide Fort St Geo Gaz,
dated 9th November, 1955.]19. Examination of serving officer.Where a
summons is returned under rule 17, the Court shall, if the return under
that rule has not been verified by the affidavit of the serving officer, and
may, if it has been so verified, examine the serving officer on oath, or
cause him to be so examined by another Court, touching his
proceedings, and may make such further enquiry in the matter as it
thinks fit; and shall either declare that the summons has been duly
served or Order such service as it thinks fit.HIGH COURT
AMENDMENTSCalcutta.-In Order V,-(a) for rule 19, substitute the
following rule, namely:-"19. Where a summons is returned under rule
17, the Court shall, if the return under that rule has not been verified
by the declaration of the serving officer, and may, if it has been so
verified, examine the serving officer, on oath, or cause him to be so
examined by another Court, touching his proceedings, and may make
such further inquiry in the matter as it thinks fit, and shall either
declare that the summons has been duly served or Order such service
as it thinks fit." (w.e.f. 25-7-1928)(b) after rule 19, insert the following
rule, namely:-"19A. A declaration made and subscribed by a serving
officer shall be received as evidence of the facts as to the service or
attempted service of the summons."[Vide Notification No.l0428-G,
dated 25th July, 1928.]Gauhati.-Same as in Calcutta.1[19A.
Simultaneous issue of summons for service by post in addition to
personal service]1. Rule 19A was inserted by Act No. 104 of 1976, sec.
55 (w.e.f. 1-2-1977) now omitted by Act No. 46 of 1999, section 15
(w.e.f. 1-7-2002)..20. Substituted service(1) Where the Court is satisfied
that there is reason to believe that the defendant is keeping out of the
way for the purpose of avoiding service, or that for any other reason
the summons cannot be served in the ordinary way, the Court shall
Order the summons to be served by affixing a copy thereof in some
conspicuous place in the Court-house, and also upon some conspicuous
part of the house (if any) in which the defendant is known to have last
resided or carried on business or personally worked for gain, or in such
other manner as the Court thinks fit.1(lA) Where the Court acting under
sub-rule (1) Orders service by an advertisement in a newspaper, the
newspaper shall be a daily newspaper circulating in the locality in which
the defendant is last known to have actually and voluntarily resided,
carried on business or personally worked for gain.](2) Effect of
substituted service?Service substituted by Order of the Court shall be
as effectual as if it had been made on the defendant personally.(3)
Where service substituted, time for appearance to be fixed?Where
service is substituted by Order of the Court, the Court shall fix such
time for the appearance of the defendant as the case may require.HIGH
COURT AMENDMENTPunjab, Haryana and Chandigarh.-In Order V, in
rule 20, insert the following proviso, namely:-"Provided that if service in
the ordinary manner or by registered post is not effected for the first
date of hearing the Court may direct substituted service, in such
manner as the Court deem fit even if no application is made by or on
behalf of the plaintiff for the purpose."[Vide Punjab Gazette, Pt. III
(L.S.), p. 303, dated 11th April, 1975; Haryana Government Gazette, Pt.
III (L.S.) p. 189, dated 25th March, 1975, Chandigarh Administration
Gazette, Pt. II, p. 95, dated 1st May, 1975.]1. Ins. by Act No. 104 of
1976, sec. 55 (w.e.f. 1-2-1977).1[20A. Service of summons by post.Rep.
by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976), s.
55 (w.e.f. 1-2-1977).]1. Ins. by Act 66 of 1956, sec. 14 (w.e.f. 1-1-
1957).21. Service of summons where defendant resides within
jurisdiction of another CourtA summons may sent by the Court by
which it is issued, whether within or without the State, either by one of
its officers 1[or by post or by such courier service as may be approved
by the High Court, by fax message or by Electronic Mail service or by
any other means as may be provided by the rules made by the High
Court] to any Court (not being the High Court) having jurisdiction in the
place where the defendant resides.HIGH COURT
AMENDMENTSAllahabad.-In Order V, re-number rule 21 as sub-rule (1)
thereof and insert the following sub-rule, namely:-"(2) In lieu of, or in
addition to, the procedure indicated in sub-rule (1), such summons may
also be served by sending it by registered post addressed to the
defendant at the place where he ordinarily resides or carries on
business or works for gain. Unless the cover is returned undelivered by
the post office on account of want of proper address or other similar
reason the summons may be deemed to have been delivered to the
addressee at the time when it should have reached him in the ordinary
course."[Vide Notification No. 43vii-d-29, dated 1st June, 1967.]Andhra
Pradesh.-In Order V, in rule 21, insert the following proviso, namely:-
"Provided that summons intended for service in the twin cities of
Hyderabad and Secunderabad shall be sent to the City Civil Court,
Hyderabad at Secunderabad." (w.e.f. 23-3-1967)Bombay.-In Order V,
after rule 21, insert the following rule, namely:-"21A. Service of
summons by prepaid post wherever defendant may be residing if
plaintiff so desires.-Notwithstanding anything in the foregoing rules and
whether the defendant resides within the jurisdiction of the Court or
not, {the Court may in addition to or in substitution for, any other mode
of service), cause the summons to be addressed to the defendant at
the place where he is residing, (or where he ordinarily carries on
business) and sent to him by registered post pre-paid for
acknowledgement, provided that at such place there is a regular daily
postal service. An acknowledgement purporting to be signed by the
defendant shall be deemed by the Court issuing the summons to be
prima facie proof of service. In all other case the Court shall hold such
enquiry as it thinks fit and declare the summons to have been duly
served or Order such further service as may in its opinion be
necessary." (w.e.f. 1-11-1966)Gujarat.-Same as in Bombay with the
following modifications:-(i) insert the words "The Court may" at the
beginning.(ii) omit the words within brackets.Madhya Pradesh.-In Order
V, after rule 21, insert the following rule, namely:-"21A. The Court may,
notwithstanding an
CPC Order 6 - Order VIPLEADINGS GENERALLY1. Pleading"Pleading", shall mean plaint
PLEADINGS GENERALLY or written statement.1[2. Pleading to state material facts and not
evidence(1) Every pleading shall contain, and contain only a statement
in a concise form of the material facts on which the party pleading
relies for his claim or defence as the case may be, but not the evidence
by which they are to be proved.(2) Every pleading shall, when
necessary, be divided into paragraphs, numbered consecutively, each
allegation being, so far as is convenient, contained in a separate
paragraph.(3) Dates, sums and numbers shall be expressed in a
pleading in figures as well as in words.]1. Subs, by Act No. 104 of 1976,
sec. 56, for rule 2 (w.e.f. 1-2-1977).3. Forms of pleadingThe forms in
Appendix A when applicable, and where they are not applicable forms
of the like character, nearly as may be, shall be used for all pleadings.4.
Particulars to be given where necessaryIn all cases in which the party
pleading relies on any misrepresentation, fraud, breach of trust, wilful
default, or undue influence, and in all other cases in which particulars
may be necessary beyond such as are exemplified in the forms
aforesaid, particulars (with dates and items if necessary) shall be stated
in the pleading.HIGH COURT AMENDMENTKarnataka:-In Order VI,
renumber rule 4 as sub-rule (1) thereof and insert the following sub-
rule, namely:-"(2) In a suit of infringement of a patent, the plaintiff shall
state I his plaint or annexed thereto the particulars of the breaches
relied upon, and defendant if he disputes the validity of the patent shall
state in his written statement or annex thereto the particulars of the
objections on which he relies in support of such invalidity; at the
hearing of any such suit no evidence, shall, except with the leave of the
Court (to be given upon such terms as to the Court may seem just), be
admitted in proof of any alleged infringement or objections not raised
in the particulars of breaches or objections respectively." (w.e.f. 30-3-
1967)STATE AMENDMENTSAndhra Pradesh.- Same as in Madras.Kerala.-
Same as in Madras.Madras.- In Order VI, after rule 4, insert the
following rule, namely.-"4A. (1) In a suit for infringment of a patent, the
plaintiff shall state in his plaint or annex thereto the particulats of
breaches relied upon.(2) In any such suit the defendant if he disputes
the validity of the patent shall state in his written statement or annex
thereto the particulars of the objections which he relies in support of
such invalidity.(3) At the hearing of any such suit no evidence shall,
except by leave of the Court (to be given upon such terms as to the
Court may seem just), he admitted in proof of any alleged infringement
or objections not raised in the particulars of breaches or objections
respectively."Madhya Pradesh.-After rule 4, the following rule shall be
inserted, namely:-"4-A. Particulars of pleading for agricultural land.-In
any suit or proceeding contemplated under rule 3-B of Order 1, the
parties, other than the State Government, shall plead the particulars of
total agricultural land which is owned, claimed or held by them in any
right and shall further declare whether the subject-matter of suit or
proceeding is or is not covered by Madhya Pradesh Ceiling on
Agricultural Holdings Act, 1960 (20 of 1960), and whether any
proceedings in relation to such subject-matter are to the knowledge of
the party pending before the competent authority." [M.P. Act 29 of
1984]1[5.Further and better statement, or particulars]1. Omitted by Act
No. 46 of 1999, section 16 (w.e.f. 1-7-2002).6. Condition precedentAny
condition precedent, the performance or occurrence of which is
intended to be contested, shall be distinctly specified in his pleading by
the plaintiff or defendant, as the case my be; and, subject thereto, an
averment of the performance or occurrence of all conditions precedent
necessary for the case of the plaintiff or defendant shall be implied in
his pleading.7. DepartureNo pleading shall, except by way of
amendment, raise any new ground of claim or contain any allegation of
fact inconsistent with the previous pleadings of the party pleading the
same.8. Denial of contractWhere a contract is alleged in any pleading, a
bare denial of the same by the opposite party shall be construed only
as a denial in fact of the express contract alleged or of the matters of
fact from which the same may be implied and not as a denial of the
legality or sufficiency in law of such contract.9. Effect of document to be
statedWherever the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as
possible, without setting out the whole or any part thereof, unless the
precise words of the document or any part thereof are material.10.
Malice, knowledge, etc.,Wherever it is material to allege malice,
fraudulent intention, knowledge or other condition of the mind of any
person, it shall be sufficient to allege the same as a fact without setting
out the circumstances from which the same is to be inferred.11.
NoticeWherever it is material to allege notice to any person of any fact,
matter or thing, it shall be sufficient to allege such notice as a fact,
unless the form or the precise terms of such notice, or the
circumstances from which such notice is to be inferred are material.12.
Implied contract, or relationWherever any contract or any relation
between any persons is to be implied from a series of letters or
conversations or otherwise from a number of circumstances it shall be
sufficient to allege such contract or relation as a fact, and to refer
generally to such letter, conversations or circumstances without setting
them out in detail. And if in such case the person so pleading desires to
rely in the alternative upon more contracts or relations than one as to
be implied from such circumstances, he may state the same in the
alternative.13. Presumptions of lawNeither party need in any pleading
allege any matter of fact which the law presumes in his favour or as to
which the burden of proof lies upon the other side unless the same has
first been specifically denied (e.g. consideration for a bill of exchange
where the plaintiff sues only on the bill and not for the consideration as
a substantive ground of claim.)14. Pleading to be signedEvery pleading
shall be signed by the party and his pleader (if any):Provided that
where a party pleading is, by reason of absence or for other good
cause, unable to sign the pleading, it may be signed by any person duly
authorized by him to sign the same or to sue or defend on his
behalf.HIGH COURT AMENDMENTKarnataka:-In Order VI, renumber
rule 14 as sub-rule (2) and insert the following sub-rule, namely:-"(1)
Every pleading shall contain the party's full address for service, that is
to say, full address of his place of residence as well as place of business,
if any, in addition ti his pleader's address for service as required by rule
32 of Order V of this Code. Such address for service furnished by the
party, unless a change therein has been notified to the Court by filing a
memorandum to that effect, shall be presumed to be his correct
address for service for purposes of suit, any appeal or revision or other
proceeding directed against the decree or Order passed in that suit,
when a memorandum of change of address is filed by any party, a note
to that effect shall be made in the cause title of the pleading and if the
pleading happens to be the written statement also in the cause title of
the plaint." (w.e.f. 30-3-1967)1[14A. Address for service of notice(1)
Every pleading, when filed by a party, shall be accompanied by a
statement in the prescribed form, signed as provided in rule 14,
regarding the address of the party.(2) Such address may, from time to
time, be changed by lodging in Court a form duly filled up and stating
the new address of the party and accompanied by a verified petition.(3)
The address furnished in the statement made sub-rule (1) shall be
called the "registered address" of the party, and shall, until duly
changed as aforesaid, be deemed to be the address of the party for the
purpose of service of all processes in the suit of in any appeal from any
decree or Order therein made and for the purpose of execution, and
shall hold good, subject as aforesaid, for a period of two years after the
final determination of the cause or matter.(4) Service of any process
may be effected upon a party at his registered address in all respects as
though such party resided thereat.(5) Where the registered address of
a party is discovered by the court to be incomplete, false or fictitious,
the Court may, either on its own motion, or on the application of any
party, Order-(a) in the case where such registered address was
furnished by a plaintiff, stay of the suit, or(b) in the case where such
registered address was furnished by a defendant, his defence be struck
out and he be placed in the same position as if he had not put up any
defence.(6) Where a suit is stayed or a defence is struck out under sub-
rule (5), the plaintiff or, as the case may be, the defendant may, after
furnishing his true address, apply to the Court for an Order to set aside
the Order of stay or, as the case may be, the Order striking out the
defence.(7) the Court, if satisfied that the party was prevented by any
sufficient cause from filing the true address at the proper time, shall set
aside the Order of stay or Order striking out the defence, on such term
as to costs or otherwise as it thinks fit and shall appoint a day for
proceeding with the suit or defence, as the case may be.(8) Nothing in
this rule shall prevent the Court from directing the service of a process
at any other address, if, for any reason, it thinks fit to do so.]HIGH
COURT AMENDMENTBombay:-In Order VI, for rule 14A, substitute the
following rule, namely:-"14A. Address for service of notice:-(1) Every
pleading when filed by a party, shall be accompanied by a statement in
the prescribed form, signed as provided in Rule 14, regarding the