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The Code of Civil Procedure, 1908

Central

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Act number
5 of 1908
Ministry
Ministry of Law and Justice
Department
Legislative Department
Enacted
21 Mar 1908
In force from
1 Jan 1909

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

171 sections

  1. Section 1Short title, commencement and extent.
  2. Section 2Definitions.
  3. Section 3Subordination of Courts.
  4. Section 4Savings.
  5. Section 5Application of the Code to Revenue Courts.
  6. Section 6Pecuniary jurisdiction.
  7. Section 7Provincial Small Cause Courts.
  8. Section 8Presidency Small Cause Courts.
  9. Section 9Courts to try all civil suits unless barred.
  10. Section 10Stay of suit.
  11. Section 11Res judicata.
  12. Section 12Bar to further suit.
  13. Section 13When foreign judgment not conclusive.
  14. Section 14Presumption as to foreign judgments.
  15. Section 15Court in which suits to be instituted.
  16. Section 16Suits to be instituted where subject-matter situate.
  17. Section 17Suits for immovable property situate within jurisdiction of different Courts.
  18. Section 18Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
  19. Section 19Suits for compensation for wrongs to person or movables.
  20. Section 20Other suits to be instituted where defendants reside or cause of action arises.
  21. Section 21Objections to jurisdiction.
  22. Section 21ABaron suit to set aside decree on objection as to place of suing.
  23. Section 22Power to transfer suits which may be instituted in more than one Court.
  24. Section 23To what Court application lies.
  25. Section 24General power of transfer and withdrawal.
  26. Section 25Power of Supreme Court to transfer suits, etc.
  27. Section 26Institution of suits.
  28. Section 27Summons to defendants.
  29. Section 28Service of summons where defendant resides in another State.
  30. Section 29Service of foreign summonses.
  31. Section 30Power to order discovery and the like.
  32. Section 31Summons to witness.
  33. Section 32Penalty for default.
  34. Section 33Judgment and decree.
  35. Section 34Interest.
  36. Section 35Costs.
  37. Section 35ACompensatory costs in respect of false or vexatious claims or defences.
  38. Section 35BCosts for causing delay.
  39. Section 36Application to orders.
  40. Section 37Definition of Court which passed a decree.
  41. Section 38Court by which decree may be executed.
  42. Section 39Transfer of decree.
  43. Section 40Transfer of decree to Court in another State.
  44. Section 41Result of execution proceedings to be certified.
  45. Section 42Powers of Court in executing transferred decree.
  46. Section 43Execution of decrees passed by Civil Courts in places to which this Code does not extend.
  47. Section 44Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
  48. Section 44AExecution of decrees passed by Courts in reciprocating territory.
  49. Section 45Execution of decrees outside India.
  50. Section 46Precepts.
  51. Section 47Questions to be determined by the Court executing decree.
  52. Section 48[Repealed.].
  53. Section 49Transferee.
  54. Section 50Legal representative.
  55. Section 51Powers of Court to enforce execution.
  56. Section 52Enforcement of decree against legal representative.
  57. Section 53Liability of ancestral property.
  58. Section 54Partition of estate or separation of share.
  59. Section 55Arrest and detention.
  60. Section 56Prohibition of arrest or detention of women in execution of decree for money.
  61. Section 57Subsistence-allowance.
  62. Section 58Detention and release.
  63. Section 59Release on ground of illness.
  64. Section 60Property liable to attachment and sale in execution of decree.
  65. Section 61Partial exemption of agricultural produce.
  66. Section 62Seizure of property in dwelling-house.
  67. Section 63Property attached in execution of decrees of several Courts.
  68. Section 64Private alienation of property after attachment to be void.
  69. Section 65Purchaser's title.
  70. Section 66[Repealed.].
  71. Section 67Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
  72. Section 68[Repealed.].
  73. Section 69[Repealed.].
  74. Section 70[Repealed.].
  75. Section 71[Repealed.].
  76. Section 72[Repealed.].
  77. Section 73Proceeds of execution sale to be rateably distributed among decree-holders.
  78. Section 74Resistance to execution.
  79. Section 75Power of Court to issue commissions.
  80. Section 76Commission to another Court.
  81. Section 77Letter of request.
  82. Section 78Commissions issued by foreign Courts.
  83. Section 79Suits by or against Government.
  84. Section 80Notice.
  85. Section 81Exemption from arrest and personal appearance.
  86. Section 82Execution of decree.
  87. Section 83When aliens may sue.
  88. Section 84When foreign States may sue.
  89. Section 85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
  90. Section 86Suits against foreign Rulers, Ambassadors and Envoys.
  91. Section 87Style of foreign Rulers as parties to suits.
  92. Section 87ADefinitions of foreign State and Ruler.
  93. Section 87BApplication of sections 85 and 86 to Rulers of former Indian States.
  94. Section 88Where interpleader-suit may be instituted.
  95. Section 89Settlement of disputes outside the Court.
  96. Section 90Power to state case for opinion of Court.
  97. Section 91Public nuisances and other wrongful acts affecting the public.
  98. Section 92Public charities.
  99. Section 93Exercise of powers of Advocate-General outside presidency-towns.
  100. Section 94Supplemental proceedings.
  101. Section 95Compensation for obtaining arrest, attachment or injunction on insufficient ground.
  102. Section 96Appeal from original decree.
  103. Section 97Appeal from final decree where no appeal from preliminary decree.
  104. Section 98Decision where appeal heard by two or more Judges.
  105. Section 99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
  106. Section 99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
  107. Section 100Second appeal.
  108. Section 100ANo further appeal in certain cases.
  109. Section 101Second appeal on no other grounds.
  110. Section 102No second appeal in certain cases.
  111. Section 103Power of High Court to determine issue of fact.
  112. Section 104Orders from which appeal lies.
  113. Section 105Other orders.
  114. Section 106What Courts to hear appeals.
  115. Section 107Powers of Appellate Court.
  116. Section 108Procedure in appeals from appellate decrees and orders.
  117. Section 109When appeals lie to the Supreme Court.
  118. Section 110[Omitted.].
  119. Section 111[Omitted.].
  120. Section 111A[Omitted.].
  121. Section 112Savings.
  122. Section 113Reference to High Court.
  123. Section 114Review.
  124. Section 115Revision.
  125. Section 116Part to apply only to certain High Courts.
  126. Section 117Application of Code to High Courts.
  127. Section 118Execution of decree before ascertainment of costs.
  128. Section 119Unauthorised persons not to address Court.
  129. Section 120Provisions not applicable to High Court in original civil jurisdiction.
  130. Section 121Effect of rules in First Schedule.
  131. Section 122Power of certain High Courts to make rules.
  132. Section 123Constitution of Rule Committees in certain States.
  133. Section 124Committee to report to High Court.
  134. Section 125Power of other High Courts to make rules.
  135. Section 126Rules to be subject to approval.
  136. Section 127Publication of rules.
  137. Section 128Matters for which rules may provide.
  138. Section 129Power of High Courts to make rules as to their original Civil procedure.
  139. Section 130Power of other High Courts to make rules as to matters other than procedure.
  140. Section 131Publication of rules.
  141. Section 132Exemption of certain women from personal appearance.
  142. Section 133Exemption of other persons.
  143. Section 134Arrest other than in execution of decree.
  144. Section 135Exemption from arrest under civil process.
  145. Section 135AExemption of members of legislative bodies from arrest and detention under civil process.
  146. Section 136Procedure where person to be arrested or property to be attached is out side district.
  147. Section 137Language of subordinate Courts.
  148. Section 138Power of High Court to require evidence to be recorded in English.
  149. Section 139Oath on affidavit by whom to be administered.
  150. Section 140Assessors in causes of salvage, etc.
  151. Section 141Miscellaneous proceedings.
  152. Section 142Orders and notices to be in writing.
  153. Section 143Postage.
  154. Section 144Application for restitution.
  155. Section 145Enforcement of liability of surety.
  156. Section 146Proceedings by or against representatives.
  157. Section 147Consent or agreement by persons under disability.
  158. Section 148Enlargement of time.
  159. Section 148ARight to lodge a caveat.
  160. Section 149Power to make up deficiency of court-fees.
  161. Section 150Transfer of business.
  162. Section 151Saving of inherent powers of Court.
  163. Section 152Amendment of judgments, decrees or orders.
  164. Section 153General power to amend.
  165. Section 153APower to amend decree or order where appeal is summarily dismissed.
  166. Section 153BPlace of trial to be deemed to be open Court.
  167. Section 154[Repealed.].
  168. Section 155[Repealed.].
  169. Section 156[Repealed.].
  170. Section 157Continuance of orders under repealed enactments.
  171. Section 158Reference to Code of Civil Procedure and other repealed enactments.