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Bar News Acts League

Code of Civil Procedure, 1908

Act ID: 1908

Code of Civil Procedure, 1908

"The primary legislation governing civil litigation in India. It provides the procedural framework for the conduct of civil cases."

Table of Contents

171 Sections

Ch. I

Suits In General

S.1Section 1 [Repealed/Omitted]S.2Section 2 [Repealed/Omitted]S.3Section 3 [Repealed/Omitted]S.4Section 4 [Repealed/Omitted]S.5Section 5 [Repealed/Omitted]S.6Section 6 [Repealed/Omitted]S.7Section 7 [Repealed/Omitted]S.8Section 8 [Repealed/Omitted]S.9Courts to try all civil suits unless barred S.10Stay of suit S.11Res judicata S.12Bar to further suit S.13When foreign judgment not conclusive S.14Presumption as to foreign judgments S.15Court in which suits to be instituted S.16Suits to be instituted where subject-matter situate S.17Suits for immovable property situate within jurisdiction of different Courts S.18Place of institution of suit where local limits of jurisdiction of Courts are uncertain S.19Suits for compensation for wrongs to person or movable property S.20Other suits to be instituted where defendants reside or cause of action arises S.21Objections to jurisdiction S.21ABar on suit to set aside decree on objection as to place of suing S.22Power to transfer suits which may be instituted in more than one Court S.23To what Court application lies S.24General power of transfer and withdrawal S.25Power of Supreme Court to transfer suits, etc S.26Institution of suits S.27Summons to defendants S.28Service of summons where defendant resides in another State S.29Service of foreign summons S.30Power to order discovery and the like S.31Summons to witness S.32Penalty for default S.33Judgment and decree S.34Interest S.35Costs S.35ACompensatory costs in respect of false or vexatious claims or defenses S.35BCosts for causing delay

Ch. II

Execution

S.36Application to orders S.37Definition of Court which passed a decree S.38Court by which decree may be executed S.39Transfer of decree S.40Transfer of decree to Court in another State S.41Result of execution proceedings to be certified S.42Powers of Court in executing transferred decree S.43Execution of decrees passed by Civil Courts in places to which this Code does not extend S.44Execution of decrees passed by Revenue Court in places to which this Code does not extend S.44AExecution of decrees passed by Courts in reciprocating territory S.45Execution of decrees outside India S.46Precepts S.47Questions to be determined by the Court executing decree S.48Execution barred in certain cases S.49Transferee S.50Legal representative S.51Powers of Court to enforce execution S.52Enforcement of decree against legal representative S.53Liability of ancestral property S.54Partition of estate or separation of share S.55Arrest and detention S.56Prohibition of arrest or detention of women in execution of decree for money S.57Subsistence allowance S.58Detention and release S.59Release on ground of illness S.60Property liable to attachment and sale in execution of decree S.61Partial exemption of agricultural produce S.62Seizure of property in dwelling-house S.63Property attached in execution of decrees of several Courts S.64Private alienation of property after attachment to be void S.65Purchaser’s title S.66***S.67Power for State Government to make rules as to sales of land in execution of decrees for payment of money S.68Section 68 [Repealed/Omitted]S.69Section 69 [Repealed/Omitted]S.70Section 70 [Repealed/Omitted]S.71Section 71 [Repealed/Omitted]S.72Section 72 [Repealed/Omitted]S.73Proceeds of execution S.74Resistance to execution

Ch. III

Incidental Proceedings

S.75Power of court to issue commissions S.76Commission to another Court S.77Letter of request S.78Commissions issued by foreign Courts

Ch. IV

Suits In Particular Cases

S.79Suits by or against Government S.80Notice S.81Exemption from arrest and personal appearance S.82Execution of decree S.83When aliens may sue S.84When foreign State may sue S.85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers S.86Suits against foreign Rulers, Ambassadors and Envoys S.87Style of foreign Rulers as parties to suits S.87ADefinitions of “foreign State” and “Ruler S.87BApplications of sections 85 and 86 to Rulers of former Indian States S.88Where interpleader suit may be reinstituted

Ch. V

Special Proceedings

S.89Arbitration S.90Power to state case for opinion of Court S.91Public nuisances and other wrongful acts affecting the public S.92Public charities S.93Exercise of powers of Advocate

Ch. VI

Supplemental Proceedings

S.94Supplemental Proceedings S.95Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Ch. VII

Appeals

S.96Appeal from original decree S.97Appeal from final decree where no appeal from preliminary decree S.98Decision where appeal heard by two or more Judges S.99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction S.99ANo order under section 47 to be refused or modified unless decision of the case is prejudicially affected S.100Second appeal S.100ANo further appeal in certain cases S.101Second appeal on no other grounds S.102No second appeal in certain suits S.103Power of High Court to determine issues of fact S.104Orders from which appeal lies S.105Other orders S.106What Courts to hear appeals S.107Powers of Appellate Court S.108Procedure in appeals from appellate decrees and orders S.109When appeals lie to the Supreme Court S.110Value of subject matters S.111Bar of certain appeals S.111AAppeals to Federal Court S.112Savings

Ch. VIII

Reference, Review And Revision

S.113Reference to High Court S.114Review S.115Revision

Ch. IX

Special Provisions Relating To The High Courts

S.116Part to apply only to certain High Courts S.117Application of Code to High Court S.118Execution of decree before ascertainment of costs S.119Unauthorized persons not to address Court S.120Provisions not applicable to High Court in original civil jurisdiction

Ch. X

Rules

S.121Effect of rules in First Schedule S.122Power of certain High Courts to make rules S.123Constitution of Rule Committees in certain States S.124Committee to report to High Court S.125Power of other High Courts to make rules S.126Rules to be subject to approval S.127Publication of rules S.128Matters for which rules may provide S.129Power of High Court to make rules as to their original Civil Procedure S.130Powers of other High Court to make rules as to matters other than procedure S.131Publication of rules

Ch. XI

Miscellaneous

S.132Exemption of certain women from personal appearance S.133Exemption of other persons S.134Arrest other than in execution of decree S.135Exemption from arrest under civil process S.135AExemption of members of legislative bodies from arrest and detention under civil process S.136Procedure where person to be arrested or property to be attached is outside district S.137Language of subordinate Courts S.138Power of High Court to require evidence to be recorded in English S.139Oath on affidavit by whom to be administered S.140Assessors in causes of salvage etc S.141Miscellaneous proceedings S.142Orders and notices to be in writing S.143Postage S.144Application for restitution S.145Enforcement of liability of surety S.146Proceedings by or against representatives S.147Consent or agreement by persons under disability S.148Enlargement of time S.148ARight to lodge a caveat S.149Power to make up deficiency of court-fees S.150Transfer of business S.151Saving of inherent powers of Court S.152Amendment of judgments, decrees or orders S.153General power to amend S.153APower to amend decree or order where appeal is summarily dismissed S.153BPlace of trial to be deemed to be open Court S.154Saving of present right of appeal S.155Amendment of certain Acts S.156Repeals S.157Continuance of orders under repealed enactments S.158Reference to Code of Civil Procedure and other repealed enactments