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Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 is the primary procedural law governing the conduct of civil suits and proceedings in India. It does not create rights; instead, it prescribes the method and machinery for enforcing civil rights through courts.


Sections


Orders


Forms

SECTIONS

Section 1 – Short title, commencement and extent
Section 2 – Definitions
Section 3 – Subordination of Courts
Section 4 – Savings
Section 5 – Application of the Code to Revenue Courts
Section 6 – Pecuniary jurisdiction
Section 7 – Provincial Small Cause Courts
Section 8 – Presidency Small Cause Courts
Section 9 – Courts to try all civil suits unless barred
Section 10 – Stay of suit
Section 11 – Res judicata
Section 12 – Bar to further suit
Section 13 – When foreign judgment not conclusive
Section 14 – Presumption as to foreign judgments
Section 15 – Court in which suits to be instituted
Section 16 – Suits to be instituted where subject-matter situate
Section 17 – Suits for immovable property situate within jurisdiction of different Courts
Section 18 – Place of institution of suit where local limits doubtful
Section 19 – Suits for compensation for wrongs to person or movables
Section 20 – Other suits to be instituted where defendants reside or cause of action arises
Section 21 – Objections to jurisdiction
Section 22 – Power to transfer suits which may be instituted in more than one Court
Section 23 – To what Court application lies
Section 24 – General power of transfer and withdrawal
Section 25 – Power of Supreme Court to transfer suits, etc.
Section 26 – Institution of suits
Section 27 – Summons to defendants
Section 28 – Service of summons where defendant resides in another State
Section 29 – Service of foreign summonses
Section 30 – Power to order discovery and the like
Section 31 – Summons to witness
Section 32 – Penalty for default
Section 33 – Judgment and decree
Section 34 – Interest
Section 35 – Costs
Section 35A – Compensatory costs in respect of false or vexatious claims or defences
Section 35B – Costs for causing delay
Section 36 – Application to orders
Section 37 – Definition of Court which passed a decree
Section 38 – Court by which decree may be executed
Section 39 – Transfer of decree
Section 40 – Transfer of decree to Court in another State
Section 41 – Result of execution proceedings to be certified
Section 42 – Powers of Court in executing transferred decree
Section 43 – Execution of decrees passed by Civil Courts in places to which this Code does not extend
Section 44 – Execution of decrees passed by Revenue Courts in places to which this Code does not extend
Section 44A – Execution of decrees passed by Courts in reciprocating territory
Section 45 – Execution of decrees outside India
Section 46 – Precepts
Section 47 – Questions to be determined by the Court executing decree
Section 48 – Resistance or obstruction to execution of decree
Section 49 – Transferee
Section 50 – Legal representative
Section 51 – Powers of Court to enforce execution
Section 52 – Enforcement of decree against legal representative
Section 53 – Liability of ancestral property
Section 54 – Partition of estate or separation of share
Section 55 – Arrest and detention
Section 56 – Prohibition of arrest or detention of women in execution of decree for money
Section 57 – Subsistence allowance
Section 58 – Detention and release
Section 59 – Release on ground of illness
Section 60 – Property liable to attachment and sale in execution of decree
Section 61 – Partial exemption of agricultural produce
Section 62 – Seizure of property in dwelling-house
Section 63 – Property attached in execution of decrees of several Courts
Section 64 – Private alienation of property after attachment to be void
Section 65 – Purchaser’s title
Section 66 – Disputes regarding attachment, sale or delivery of property
Section 67 – Power for State Government to make rules
Section 68 – Execution of decree against Government
Section 69 – Transfer of decree by operation of law
Section 70 – Execution of decrees and orders of Courts of Small Causes
Section 71 – Attachment of movable property belonging to judgment-debtor but in possession of third person
Section 72 – Attachment of salary
Section 73 – Proceeds of execution-sale to be rateably distributed among decree-holders
Section 74 – Resistance to delivery of possession to decree-holder or purchaser
Section 75 – Power of Court to issue commissions
Section 76 – Commission to another Court
Section 77 – Letter of request
Section 78 – Commissions issued by foreign Courts
Section 79 – Suits by or against Government
Section 80 – Notice
Section 81 – Exemption from arrest under civil process
Section 82 – Execution of decree against legal representative
Section 83 – Execution of decree against firm
Section 84 – Execution of decree against property of partnership
Section 85 – Execution of decree against trustee
Section 86 – Suits against foreign Rulers, Ambassadors and Envoys
Section 86A – Suits against foreign States
Section 87 – Style of foreign Rulers as parties to suits
Section 88 – Arrest of foreign Rulers, Ambassadors and Envoys
Section 89 – Settlement of disputes outside the Court
Section 90 – Procedure where defendant appears on arrest before judgment
Section 91 – Public nuisances and other wrongful acts affecting the public
Section 92 – Public charities
Section 93 – Exercise of powers of Advocate-General outside Presidency-towns
Section 94 – Supplemental proceedings
Section 95 – Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Section 96 – Appeal from original decree
Section 97 – Appeal from final decree where no appeal from preliminary decree
Section 98 – Decision where appeal heard by two or more Judges
Section 99 – No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
Section 100 – Second appeal
Section 101 – Second appeal on no other grounds
Section 102 – No second appeal in certain cases
Section 103 – Power of High Court to determine issues of fact
Section 104 – Orders from which appeal lies
Section 105 – Other orders
Section 106 – What Courts to hear appeals
Section 107 – Powers of Appellate Court
Section 108 – Procedure in appeals from appellate decrees and orders
Section 109 – When appeals lie to the Supreme Court
Section 110 – Value of subject-matter in dispute in appeal to Supreme Court
Section 111 – Bar of appeal to Supreme Court in certain cases
Section 112 – Savings
Section 113 – Reference to High Court
Section 114 – Review
Section 115 – Revision
Section 116 – Part I. Courts which may try suits
Section 117 – Application of Code to High Courts
Section 118 – Execution of decrees and orders of High Courts
Section 119 – Unattached property not to be attached
Section 120 – Provisions not applicable to High Courts
Section 121 – Effect of rules in First Schedule
Section 122 – Power of certain High Courts to make rules
Section 123 – Constitution of Rule Committees in certain States
Section 124 – Committee to report to High Court
Section 125 – Power of other High Courts to make rules
Section 126 – Rules to be subject to approval
Section 127 – Publication of rules
Section 128 – Matters for which rules may provide
Section 129 – Power of High Courts to make rules as to their original civil procedure
Section 130 – Power of other High Courts to make rules as to their original civil procedure
Section 131 – Publication of rules
Section 132 – Exemption of certain women from personal appearance
Section 133 – Exemption of other persons
Section 134 – Arrest other than in execution of decree
Section 135 – Exemption from arrest under civil process
Section 135A – Exemption of members of legislative bodies from arrest and detention under civil process
Section 136 – Exemption from arrest and detention under civil process while going to or attending Court
Section 137 – Liability of person exempted from arrest to arrest after expiry of period of exemption
Section 138 – Arrest in execution of decree at Court-house
Section 139 – Mode of arrest
Section 140 – Procedure on arrest of person against whom decree has been passed
Section 141 – Miscellaneous proceedings
Section 142 – Orders and notices to be in writing
Section 143 – Postage
Section 144 – Application for restitution
Section 145 – Enforcement of liability of surety
Section 146 – Proceedings by or against representatives
Section 147 – Consent or agreement by persons under disability
Section 148 – Enlargement of time
Section 148A – Right to lodge a caveat
Section 149 – Power to make up deficiency of court-fees
Section 150 – Transfer of business
Section 151 – Saving of inherent powers of Court
Section 152 – Amendment of judgments, decrees or orders
Section 153 – General power to amend
Section 153A – Power to amend decree or order where appeal is summarily dismissed
Section 154 – Amendment of judgment, decree or order
Section 155 – Amendment of judgment, decree or order of High Court
Section 156 – General power to amend
Section 157 – Continuance of proceedings
Section 158 – Repeal

Section 1. Short title, commencement and extent

Preview (Bare Act)
(1) This Act may be cited as the Code of Civil Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.
(3) It extends to the whole of India except—

Section 2. Definitions
Preview (Bare Act)
In this Act, unless there is anything repugnant in the subject or 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…

Section 3. Subordination of Courts
Preview (Bare Act)
For the purposes of this Code, the District Court is subordinate to the High Court,
and every Civil Court of a grade inferior to that of a District Court and every Court
of Small Causes is subordinate to the High Court and District Court.

Section 4. Savings
Preview (Bare Act)
(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…

Section 5. Application of the Code to Revenue Courts
Preview (Bare Act)
(1) Where any Revenue Courts are governed by the provisions of this Code
in those matters of procedure upon which any special enactment…

Section 6. Pecuniary jurisdiction
Preview (Bare Act)
Save in so far as is otherwise expressly provided,
nothing herein 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.

Section 7. Provincial Small Cause Courts
Preview (Bare Act)
The following provisions shall not extend to Courts constituted under
the Provincial Small Cause Courts Act, 1887, or to Courts exercising the
jurisdiction of a Court of Small Causes under that Act.

Section 8. Presidency Small Cause Courts
Preview (Bare Act)
Save in so far as is otherwise expressly provided,
nothing herein contained shall extend to any suit or proceeding in any
Court of Small Causes established in the Presidency-towns.

Section 9. Courts to try all civil suits unless barred
Preview (Bare Act)
The Courts shall (subject to the provisions herein contained)
have jurisdiction to try all suits of a civil nature excepting suits
of which their cognizance is either expressly or impliedly barred.

Section 10. Stay of suit
Preview (Bare Act)
No Court shall proceed with the trial of any suit in which the matter
in issue is also directly and substantially in issue in a previously
instituted suit between the same parties…

Section 11. Res judicata
Preview (Bare Act)
No Court shall try any suit or issue in which the matter directly and 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…

Section 12. Bar to further suit
Preview (Bare Act)
Where a plaintiff is precluded by rules from instituting a further suit in respect
of any particular cause of action, he shall not be entitled to institute a suit
in respect of such cause of action.

Section 13. When foreign judgment not conclusive
Preview (Bare Act)
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated
upon between the same parties 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; …

Section 14. Presumption as to foreign judgments
Preview (Bare Act)
The Court shall presume, upon the production of any document purporting to be a
certified copy of a foreign judgment, that such judgment was pronounced by a Court
of competent jurisdiction, unless the contrary appears on the record.

Section 15. Court in which suits to be instituted
Preview (Bare Act)
Every suit shall be instituted in the Court of the lowest grade competent to try it.

Section 16. Suits to be instituted where subject-matter situate
Preview (Bare Act)
Subject to the pecuniary or other limitations prescribed by any law,
suits—
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of immovable property, …

Section 17. Suits for immovable property situate within jurisdiction of different Courts
Preview (Bare Act)
Where a suit is to obtain relief respecting, or compensation for wrong to,
immovable property situate within the jurisdiction of different Courts,
the suit may be instituted in any Court within the local limits of whose jurisdiction
any portion of the property is situate…

Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain
Preview (Bare Act)
Where it is alleged to be uncertain within the local limits of the jurisdiction
of which of two or more Courts any immovable property is situate,
any one of those Courts may, if satisfied that there is ground for the alleged uncertainty,
record a statement to that effect…

Section 19. Suits for compensation for wrongs to person or movables
Preview (Bare Act)
Where a suit is for compensation for wrong done to the person or to movable property,
if the wrong was done within the local limits of the jurisdiction of one Court
and the defendant resides, or carries on 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.

Section 20. Other suits to be instituted where defendants reside or cause of action arises
Preview (Bare Act)
Subject to the limitations aforesaid,
every suit shall be instituted in a Court within the local limits of whose jurisdiction—
(a) the defendant resides, or carries on business, or personally works for gain; or
(b) any of the defendants resides or carries on business; or
(c) the cause of action, wholly or in part, arises.

Section 21. Objections to jurisdiction
Preview (Bare Act)
No objection as to the place of suing 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.

Section 22. Power to transfer suits which may be instituted in more than one Court
Preview (Bare Act)
Where a suit may be instituted in any one of two or more Courts
and is instituted in one of such Courts,
any defendant may, after notice to the other parties,
apply to have the suit transferred to another Court competent to try it.

Section 23. To what Court application lies
Preview (Bare Act)
Where the several Courts having jurisdiction are subordinate to the same Appellate Court,
an application under section 22 shall be made to the Appellate Court;
where such Courts are subordinate to different Appellate Courts,
the application shall be made to the High Court.

Section 24. General power of transfer and withdrawal
Preview (Bare Act)
On the application of any of the parties and after notice and hearing,
or of its own motion without such notice,
the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it…

Section 25. Power of Supreme Court to transfer suits, etc.
Preview (Bare Act)
On the application of a party, and after notice to the parties,
and after hearing such of them as desire to be heard,
the Supreme Court may, 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.

Section 26. Institution of suits
Preview (Bare Act)
(1) Every suit shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed.
(2) In every plaint, facts shall be proved by affidavit.

Section 27. Summons to defendants
Preview (Bare Act)
Where a suit has been duly instituted, a summons may be issued to the defendant
to appear and answer the claim and to file the written statement of his defence,
if any, within thirty days from the date of service of summons on that defendant.

Section 28. Service of summons where defendant resides in another State
Preview (Bare Act)
A summons may be sent for service in another State to such Court and in such manner
as may be prescribed by rules in force in that State.

Section 29. Service of foreign summonses
Preview (Bare Act)
Summonses and other processes issued by—
(a) any Civil or Revenue Court established in any part of India to which this Code does not extend,
or
(b) any Civil or Revenue Court established or continued by the authority of the Central Government
outside India,
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.

Section 30. Power to order discovery and the like
Preview (Bare Act)
Subject to such conditions and limitations as may be prescribed,
the Court may, at any time, either of its own motion or on the application 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.

Section 31. Summons to witnesses
Preview (Bare Act)
The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence
or to produce documents or other material objects.

Section 32. Penalty for default
Preview (Bare Act)
The Court may compel the attendance of any person to whom a 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 not exceeding five thousand rupees;
(d) order him to furnish security for his appearance.

Section 33. Judgment and decree
Preview (Bare Act)
The Court, after the case has been heard, shall pronounce judgment,
and on such judgment a decree shall follow.

Section 34. Interest
Preview (Bare Act)
(1) Where and in so far as a decree is for the payment of money,
the 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.

Section 35. Costs
Preview (Bare Act)
(1) Subject to such conditions and limitations as may be prescribed,
and to the provisions of any 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.

Section 36. Application to orders
Preview (Bare Act)
The provisions of this Code relating to the execution of decrees
shall, so far as they are applicable, be deemed to apply to the execution of orders.

Section 37. Definition of Court which passed a decree
Preview (Bare Act)
The expression “Court which passed a decree”, or words to that effect,
shall 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,
the Court which would have jurisdiction to try the suit at the time of execution.

Section 38. Court by which decree may be executed
Preview (Bare Act)
A decree may be executed either by the Court which passed it,
or by the Court to which it is sent for execution.

Section 39. Transfer of decree
Preview (Bare Act)
The Court which passed a decree may, on the application of the decree-holder,
send it for execution to another Court 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 such other Court; or
(b) 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.

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

Section 41. Result of execution proceedings to be certified
Preview (Bare Act)
The Court to which a decree is sent for execution shall certify to the Court which passed it
the fact of such execution, or where the former Court fails to execute the decree,
the circumstances attending such failure.

Section 42. Powers of Court in executing transferred decree
Preview (Bare Act)
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, including power to send it for execution to another Court.

Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
Preview (Bare Act)
Any decree passed by a Civil Court established in any part of India to which this Code does not extend,
or by any Court established or continued by the authority of the Central Government outside India,
may be executed in the manner herein provided within the territories to which this Code extends.

Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
Preview (Bare Act)
The State Government may, by notification in the Official Gazette,
declare that decrees passed by any Revenue Court in any part of India to which this Code does not extend
may be executed in the manner herein provided within the territories to which this Code extends.

Section 45. Execution of decrees outside India
Preview (Bare Act)
A decree passed by any Court in India may be executed outside India
in such manner as may be prescribed by rules in force.

Section 46. Precepts
Preview (Bare Act)
Upon the application of the judgment-creditor, the Court which passed the decree
may 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.

Section 47. Questions to be determined by the Court executing decree
Preview (Bare Act)
All questions arising between the parties to the suit in which the decree was passed,
or their representatives, and relating to the execution, discharge or satisfaction of the decree,
shall be determined by the Court executing the decree and not by a separate suit.

Section 48. Execution barred in certain cases
Preview (Bare Act)
Where an application to execute a decree has been made, no order for the execution
of the same decree shall be made upon any fresh application presented after the expiration
of twelve years from the date of the decree sought to be executed.

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

Section 50. Legal representative
Preview (Bare Act)
Where a judgment-debtor dies before the decree has been fully satisfied,
the decree-holder may apply to the Court which passed the decree to execute the same
against the legal representative of the deceased.

Section 51. Powers of Court to enforce execution
Preview (Bare Act)
Subject to such conditions and limitations as may be prescribed, the Court may, on the application
of the decree-holder, order execution of the decree by delivery of any property specifically decreed,
by attachment and sale or by sale without attachment of any property, by arrest and detention in prison,
or by appointing a receiver, or in such other manner as the nature of the relief granted may require.

Section 52. Enforcement of decree against legal representative
Preview (Bare Act)
Where a decree is passed against a party as the legal representative of a deceased person,
and the decree is for payment of money out of the property of the deceased,
it may be executed by attachment and sale of any such property.

Section 53. Liability of ancestral property
Preview (Bare Act)
For the purposes of Section 50 and Section 52, property in the hands of a son or other descendant
which is liable under Hindu law for the payment of the debt of a deceased ancestor,
shall be deemed to be property of the deceased which has come to the hands of the legal representative.

Section 54. Partition of estate or separation of share
Preview (Bare Act)
Where the decree is for the partition of an undivided estate assessed to the payment of revenue
to the Government, 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.

Section 55. Arrest and detention
Preview (Bare Act)
A judgment-debtor may be arrested in execution of a decree at any hour and on any day,
and shall be brought before the Court as soon as practicable, and no detention in prison
shall exceed the period specified in the decree or as prescribed by law.

Section 56. Prohibition of arrest or detention of women in execution of decree for money
Preview (Bare Act)
Notwithstanding anything in this Code, the Court shall not order the arrest or detention
in the civil prison of a woman in execution of a decree for the payment of money.

Section 57. Subsistence allowance
Preview (Bare Act)
No judgment-debtor shall be arrested or detained in the civil prison in execution of a decree
unless the decree-holder pays into Court such sum as the Court thinks sufficient for the subsistence
of the judgment-debtor during the period of detention.

Section 58. Detention and release
Preview (Bare Act)
Every person detained in the civil prison in execution of a decree shall be so detained—
where the decree is for payment of a sum exceeding five thousand rupees, for a period not exceeding three months,
and where the decree is for payment of a sum exceeding two thousand rupees but not exceeding five thousand rupees,
for a period not exceeding six weeks.

Section 59. Release on ground of illness
Preview (Bare Act)
At any time after a judgment-debtor has been arrested, the Court may release him
on the ground of his serious illness, and may, if it thinks fit, take security
from him for his appearance when he is able to attend the Court.

Section 60. Property liable to attachment and sale in execution of decree
Preview (Bare Act)
The following property is liable to attachment and sale in execution of a decree, namely,
lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange,
hundis, promissory 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.

Section 61. Partial exemption of agricultural produce
Preview (Bare Act)
The following agricultural produce shall not be liable to attachment or sale, namely,
such portion of agricultural produce as may be necessary for the maintenance of the judgment-debtor
and his family until the next harvest.

Section 62. Seizure of property in dwelling house
Preview (Bare Act)
No person executing any process under this Code directing or authorising the seizure
of movable property shall enter any dwelling-house after sunset and before sunrise.

Section 63. Property attached in execution of decrees of several Courts
Preview (Bare Act)
Where property not in the custody of any Court is under attachment in execution of decrees
of more Courts than one, the Court which shall receive or realise such property and shall determine
any claim thereto shall be the Court of highest grade, or where there is no difference in grade,
the Court under whose decree the property was first attached.

Section 64. Private alienation of property after attachment to be void
Preview (Bare Act)
Where an attachment has been made, any private transfer or delivery of the property attached
or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies
contrary to such attachment shall be void as against all claims enforceable under the attachment.

Section 65. Purchaser’s title
Preview (Bare Act)
Where immovable property is sold in execution of a decree and such 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.

Section 66. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
Preview (Bare Act)
No suit shall be maintained against any person claiming title under a purchase certified by the Court
in execution of a decree on the ground that the purchase was made on behalf of the plaintiff
or on behalf of someone through whom the plaintiff claims.

Section 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money
Preview (Bare Act)
The State Government may make rules for regulating the sale of immovable property
in execution of decrees for the payment of money, and may, by such rules,
declare that the purchaser shall take subject to such conditions as may be specified.

Section 68. Power to enforce payment of money due to Government
Preview (Bare Act)
All monies payable to the Government under this Code shall be recoverable
as if they were arrears of land revenue.

Section 69. Execution of decree against firm
Preview (Bare Act)
Where a decree has been passed against a firm, execution may be granted—
(a) against any property of the partnership;
(b) against any person who has appeared in his own name or has admitted on the pleadings
that he is, or who has been adjudged to be, a partner.

Section 70. Enforcement of decree against partner
Preview (Bare Act)
Where a decree has been passed against a firm and a partner thereof,
execution may be granted against the partner personally in accordance with law.

Section 71. Execution of decree against deceased partner
Preview (Bare Act)
Where a decree has been passed against a firm and a partner dies after the passing of the decree,
execution may be granted against the legal representative of the deceased partner to the extent
of the property of the deceased which has come to his hands.

Section 72. Decree against partnership in name other than that of partners
Preview (Bare Act)
Where a decree has been passed against a partnership firm in a name other than that of its partners,
execution may be granted against the property of the partnership and, subject to law,
against the partners personally.

Section 73. Proceeds of execution-sale to be rateably distributed among decree-holders
Preview (Bare Act)
Where assets are held by a Court and more persons than one have applied for execution
of decrees for payment of money against the same judgment-debtor,
such assets shall be rateably distributed among all such persons.

Section 74. Resistance to execution
Preview (Bare Act)
Where the holder of a decree for the possession of immovable property or the purchaser of any such property
is resisted or obstructed by any person in obtaining possession,
the decree-holder or purchaser may make an application to the Court complaining of such resistance.

Section 75. Power of Court to issue commissions
Preview (Bare Act)
Subject to such conditions and limitations as may be prescribed,
the Court may issue a commission for the examination of any person,
for the local investigation, for the examination or adjustment of accounts,
or for making a partition.

Section 76. Commissions to examine witnesses
Preview (Bare Act)
A commission for the examination of any person may be issued to any Court,
Judge, Magistrate or other person whom the Court thinks fit.

Section 77. Letter of request
Preview (Bare Act)
The Court may issue a letter of request to examine a witness residing
at any place not within India to the authority competent to examine such witness.

Section 78. Commissions issued by foreign Courts
Preview (Bare Act)
Where a commission is issued by a foreign Court for the examination of any person
within the limits of India, it may be executed by such Court and in such manner
as may be prescribed.

Section 79. Suits by or against Government
Preview (Bare Act)
In a suit by or against the Government, the authority to be named as plaintiff or defendant
shall be the Union of India or the State, as the case may be.

Section 80. Notice
Preview (Bare Act)
No suit shall be 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
until the expiration of two months next after notice in writing has been delivered.

Section 81. Exemption from arrest under civil process
Preview (Bare Act)
No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process
while going to, presiding in, or returning from, his Court.

Section 82. Execution of decree
Preview (Bare Act)
The execution of a decree shall not be stayed by reason only of an appeal
having been preferred from the decree; but the Appellate Court may,
for sufficient cause, order stay of execution.

Section 83. Execution of decree by Court of first instance
Preview (Bare Act)
A decree may be executed either by the Court which passed it,
or by the Court to which it is sent for execution.

Section 84. Powers of Court to execute decrees
Preview (Bare Act)
The Court executing a decree shall have the same powers in executing such decree
as if it had been passed by itself.

Section 85. Execution of foreign decrees
Preview (Bare Act)
A decree passed by any Court in a reciprocating territory may be executed in India
as if it had been passed by the District Court.

Section 86. Suits against foreign Rulers, Ambassadors and Envoys
Preview (Bare Act)
No foreign State may be sued in any Court otherwise competent to try the suit
except with the consent of the Central Government certified in writing by a Secretary
to that Government.

Section 87. Style of foreign Rulers as parties to suits
Preview (Bare Act)
A foreign State may sue in the name of its head or in such other name as the Central
Government may direct.

Section 88. Arrest of foreign Rulers, Ambassadors or Envoys
Preview (Bare Act)
No foreign Ruler, Ambassador or Envoy shall be arrested under civil process,
except with the consent of the Central Government certified in writing.

Section 89. Settlement of disputes outside the Court
Preview (Bare Act)
Where it appears to the Court that there exist elements of a settlement which may be
acceptable to the parties, the Court shall formulate the terms of settlement and may
refer the same for arbitration, conciliation, judicial settlement including settlement
through Lok Adalat, or mediation.

Section 90. Power to state case for opinion of Court
Preview (Bare Act)
Any Court may state a case and refer the same for the opinion of the High Court
on any question of law arising in a suit or proceeding.

Section 91. Public nuisances
Preview (Bare Act)
In the case of a public nuisance or other wrongful act affecting or likely to affect
the public, a suit for a declaration and injunction may be instituted by the Advocate-General
or by two or more persons with the leave of the Court.

Section 92. Public charities
Preview (Bare Act)
In the case of any alleged breach of any express or constructive trust created for public purposes
of a charitable or religious nature, a suit may be instituted with the consent of the Advocate-General
by two or more persons having an interest in the trust.

Section 93. Exercise of powers of Advocate-General outside presidency towns
Preview (Bare Act)
The powers conferred by sections 91 and 92 on the Advocate-General may,
outside the presidency towns, be exercised by such officer as the State Government
may appoint in this behalf.

Section 94. Supplemental proceedings
Preview (Bare Act)
In order to prevent the ends of justice from being defeated, the Court may,
if it is so prescribed, issue a warrant to arrest the defendant, direct the defendant
to furnish security, grant a temporary injunction, appoint a receiver, or make such
other interlocutory orders as may appear to the Court to be just and convenient.

Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Preview (Bare Act)
Where, in any suit, an arrest or attachment or injunction has been applied for on insufficient
grounds, or the suit of the plaintiff fails and it appears to the Court that there was no
reasonable or probable ground for instituting the same, the defendant may apply for compensation.

Section 96. Appeal from original decree
Preview (Bare Act)
Save where otherwise expressly provided in the body of this Code or by any other law
for the time being in force, an appeal shall lie from every decree passed by any Court
exercising original jurisdiction to the Court authorised to hear appeals from the decisions
of such Court.

Section 97. Appeal from final decree where no appeal from preliminary decree
Preview (Bare Act)
Where any party aggrieved by a preliminary decree does not appeal from such decree,
he shall be precluded from disputing its correctness in any appeal which may be preferred
from the final decree.

Section 98. Decision where appeal heard by two or more Judges
Preview (Bare Act)
Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided
in accordance with the opinion of such Judges or of the majority of such Judges.

Section 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
Preview (Bare Act)
No decree shall be reversed or substantially varied, nor shall any case be remanded,
in appeal on account of any misjoinder or non-joinder of parties or causes of action,
or any error, defect or irregularity in any proceeding not affecting the merits of the case
or the jurisdiction of the Court.

Section 100. Second appeal
Preview (Bare Act)
Save as otherwise expressly provided in the 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.

Section 101. Second appeal on no other grounds
Preview (Bare Act)
No second appeal shall lie except on the ground mentioned in section 100.

Section 102. No second appeal in certain cases
Preview (Bare Act)
No second appeal shall lie from any decree, when the subject-matter of the original suit
is for recovery of money not exceeding twenty-five thousand rupees.

Section 103. Power of High Court to determine issue of fact
Preview (Bare Act)
In any second appeal, the High Court may, if the evidence on the record is sufficient,
determine any issue necessary for the disposal of the appeal which has not been determined
by the lower Appellate Court or has been wrongly determined by such Court by reason of
a decision on a substantial question of law.

Section 104. Orders from which appeal lies
Preview (Bare Act)
An appeal shall lie from the following orders, and save as otherwise expressly provided
in the body of this Code or by any law for the time being in force, from no other orders.

Section 105. Other orders
Preview (Bare Act)
Save as otherwise expressly provided, no appeal shall lie from any 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 a ground of objection in the memorandum of appeal.

Section 106. What Courts to hear appeals
Preview (Bare Act)
Where an appeal from any order is allowed, it shall lie to the Court to which an appeal
would lie from the decree in the suit in which such order was made.

Section 107. Powers of Appellate Court
Preview (Bare Act)
Subject to such conditions and limitations as may be prescribed, an Appellate Court
shall have power to determine a case finally, to remand a case, to frame issues
and refer them for trial, and to take additional evidence or to require such evidence
to be taken.

Section 108. Procedure in appeals from appellate decrees and orders
Preview (Bare Act)
The provisions of this Part relating to appeals from original decrees shall, so far as
may be, apply to appeals from appellate decrees and orders.

Section 109. When appeals lie to the Supreme Court
Preview (Bare Act)
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules
as may be made by the Supreme Court, an appeal shall lie to the Supreme Court from any
judgment, decree or final order in a civil proceeding of a High Court.

Section 110. [Omitted]
Preview (Bare Act)
This section has been omitted by subsequent amendment.

Section 111. [Omitted]
Preview (Bare Act)
This section has been omitted by subsequent amendment.

Section 112. [Omitted]
Preview (Bare Act)
This section has been omitted by subsequent amendment.

Section 113. Reference to High Court
Preview (Bare Act)
Subject to such conditions and limitations as may be prescribed, any Court may state
a case and refer the same for the opinion of the High Court on any question of law or usage
having the force of law arising in a suit or proceeding.

Section 114. Review
Preview (Bare Act)
Subject as aforesaid, any person considering himself aggrieved by a decree or order
from which an appeal is allowed but from which no appeal has been preferred, or from
which no appeal is allowed, may apply for a review of judgment to the Court which passed
the decree or made the order.

Section 115. Revision
Preview (Bare Act)
The High Court may call for the record of any case 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 to have exercised a jurisdiction not vested in it by law, or to have failed
to exercise a jurisdiction so vested, or to have acted in the exercise of its jurisdiction
illegally or with material irregularity, the High Court may make such order as it thinks fit.

Section 116. Part to apply only to certain High Courts
Preview (Bare Act)
This Part shall apply only to the High Courts at Calcutta, Madras and Bombay,
and to such other High Courts as the State Government may, by notification in
the Official Gazette, declare to be subject to this Part.

Section 117. Application of Code to High Courts
Preview (Bare Act)
Save as provided in this Part or in Part X or in rules, the provisions of this Code
shall apply to High Courts.

Section 118. Execution of decrees and orders of Presidency Small Cause Courts
Preview (Bare Act)
The execution of decrees and orders of Presidency Small Cause Courts shall be
regulated by the Code applicable to such Courts.

Section 119. Unclaimed property
Preview (Bare Act)
All property seized by or in custody of a Court under this Code and remaining
unclaimed shall be dealt with in such manner as may be prescribed.

Section 120. Provisions not applicable to High Courts
Preview (Bare Act)
The following provisions shall not apply to High Courts in the exercise of
their original civil jurisdiction.

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

Section 122. Power of certain High Courts to make rules
Preview (Bare Act)
High Courts not being the Court of a Judicial Commissioner may, from time to
time, after previous publication, make rules regulating their own procedure
and the procedure of the Civil Courts subject to their superintendence, and
may by such rules annul, alter or add to all or any of the rules in the First Schedule.

Section 123. Constitution of Rules Committees in certain States
Preview (Bare Act)
In any State, the State Government may constitute a Committee for the purpose
of advising the High Court in making rules under section 122.

Section 124. Committee to report to High Court
Preview (Bare Act)
Every Committee constituted under section 123 shall report to the High Court
its opinion as to the amendments which are desirable to the rules.

Section 125. Power of other High Courts to make rules
Preview (Bare Act)
High Courts other than those referred to in section 122 may exercise the power
of making rules under that section in such manner as may be prescribed.

Section 126. Rules to be subject to approval
Preview (Bare Act)
Rules made under this Part shall not be inconsistent with the provisions in
the body of this Code, but, subject thereto, shall have effect as if enacted
in the body of this Code.

Section 127. Publication of rules
Preview (Bare Act)
Rules made and approved under this Part shall be published in the Official
Gazette and shall thereupon have effect.

Section 128. Matters for which rules may provide
Preview (Bare Act)
Rules made under this Part may provide for all or any of the matters expressly
referred to in this Code and for all matters relating to the procedure of the
Civil Courts.

Section 129. Power of High Courts to make rules as to their original civil procedure
Preview (Bare Act)
Notwithstanding anything in this Code, any High Court not being the Court of
a Judicial Commissioner may make such rules not inconsistent with the Letters
Patent or order or other law establishing it to regulate its own procedure
in the exercise of its original civil jurisdiction.

Section 130. Application of rules to pending proceedings
Preview (Bare Act)
All rules made under this Code shall apply to proceedings pending at the time
of their commencement, unless otherwise directed.

Section 131. Exemption of members of legislative bodies from personal appearance
Preview (Bare Act)
No person shall be liable to arrest or detention in civil process—
(a) if he is a member of either House of Parliament, during the continuance
of any session of either House, or
(b) if he is a member of the Legislative Assembly or Legislative Council of
a State, during the continuance of any session of the Legislature of that State,
and forty days before and after such session.

Section 132. Exemption of certain women from personal appearance
Preview (Bare Act)
Women who, according to the customs and manners of the country, ought not to
be compelled to appear in public shall be exempt from personal appearance
in Court.

Section 133. Exemption of other persons
Preview (Bare Act)
The following persons shall be exempt from personal appearance in Court, namely:—
(a) the President of India;
(b) the Vice-President of India;
(c) the Speaker of the House of the People;
(d) the Ministers of the Union;
(e) the Governors of States;
(f) the Speakers of State Legislative Assemblies;
(g) Judges of the Supreme Court;
(h) Judges of High Courts.

Section 134. Arrest other than in execution of decree
Preview (Bare Act)
Where any person is arrested under this Code otherwise than in execution of a decree,
the Court may order that he shall be discharged on such terms as to security or otherwise
as it thinks fit.

Section 135. Exemption from arrest under civil process
Preview (Bare Act)
No Judge, Magistrate or other judicial officer shall be liable to arrest
under civil process while going to, presiding in, or returning from, his Court.

Section 136. Procedure where person to be arrested or property to be attached is outside district
Preview (Bare Act)
Where any person to be arrested or property to be attached under this Code is
outside the local limits of the jurisdiction of the Court issuing the process,
such process may be sent to the District Court within the local limits of whose
jurisdiction such person or property is situated, and such District Court shall
cause such process to be executed.

Section 137. Language of subordinate Courts
Preview (Bare Act)
(1) The language of every Court subordinate to a High Court shall be such as
the State Government may direct.

(2) The State Government may declare what shall be deemed to be the language of
any such Court.

Section 138. Power of High Court to require evidence to be recorded in English
Preview (Bare Act)
The High Court may, by general or special order, require that all or any part
of the evidence in any case or class of cases shall be recorded in English.

Section 139. Oath on affidavit by whom to be administered
Preview (Bare Act)
In the case of any affidavit under this Code—

(a) any Court or Magistrate, 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 may
generally or specially empower in this behalf,
may administer the oath.

Section 140. Assessors
Preview (Bare Act)
(1) In any suit in which the Court thinks it expedient, it may summon assessors
to assist it.

(2) Every assessor shall attend the trial and shall give his opinion orally or
in writing, but the decision shall rest with the Judge.

Section 141. Miscellaneous proceedings
Preview (Bare Act)
The procedure provided in this Code in regard to suits shall be followed, as far
as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

Section 142. Enforcement of decrees and orders of Courts by execution or arrest
Preview (Bare Act)
All decrees and orders of Courts shall be enforced in the manner provided
by this Code.

Section 143. Reference to Court of Small Causes
Preview (Bare Act)
A Court of Small Causes may exercise the jurisdiction conferred on it
under this Code in such manner as may be prescribed.

Section 144. Application for restitution
Preview (Bare Act)
Where and in so far as a decree or an order is varied or reversed in any appeal,
revision or other proceeding, the Court which passed the decree or order shall,
on the application of any party entitled to any benefit by way of restitution,
cause such restitution to be made as will place the parties in the position
which they would have occupied but for such decree or order.

Section 145. Enforcement of liability of surety
Preview (Bare Act)
Where any person has become liable as surety—
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money or the fulfillment of any condition imposed
on any person,
the decree or order may be executed against him to the extent to which he
has rendered himself personally liable.

Section 146. Proceedings by or against representatives
Preview (Bare Act)
Save as otherwise provided by this Code or by any law for the time being in force,
where any proceeding may be taken or application made 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.

Section 147. Consent or agreement by persons under disability
Preview (Bare Act)
In all suits to which any minor or other person under disability is a party,
any consent or agreement made on his behalf shall, if given by his next friend
or guardian for the suit, have effect as if made by such person himself.

Section 148. Enlargement of time
Preview (Bare Act)
Where any period is fixed or granted by the Court for the doing of any act
prescribed or allowed by this Code, the Court may, in its discretion, from
time to time, enlarge such period, not exceeding thirty days in total,
even though the period originally fixed or granted may have expired.

Section 149. Power to make up deficiency of court-fees
Preview (Bare Act)
Where the whole or any part of any fee prescribed for any document has not
been 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 shall have the same
force and effect as if such fee had been paid in the first instance.

Section 150. Transfer of business
Preview (Bare Act)
Save as otherwise provided, where the business of any Court is 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 transferred.

Section 151. Saving of inherent powers of Court
Preview (Bare Act)
Nothing in this Code shall be deemed to limit or otherwise affect the inherent
power of the Court to make such orders as may be necessary for the ends of
justice or to prevent abuse of the process of the Court.

Section 152. Amendment of judgments, decrees or orders
Preview (Bare Act)
Clerical or arithmetical mistakes in judgments, decrees or orders or errors
arising therein from any accidental slip or omission may at any time be
corrected by the Court either of its own motion or on the application of
any of the parties.

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

Section 153A. Power to amend decree or order where appeal is summarily dismissed
Preview (Bare Act)
Where an appellate Court dismisses an appeal under rule 11 of Order XLI,
the power of amendment conferred by section 152 and section 153 shall be
exercisable by the Court which passed the decree or made the order appealed against.

Section 154. Amendment of judgment, decree or order of High Court
Preview (Bare Act)
The High Court may, at any time, amend any clerical or arithmetical mistake
in any judgment, decree or order passed by it or any error arising therein
from any accidental slip or omission.

Section 155. Amendment of judgment, decree or order of High Court
Preview (Bare Act)
Where any clerical or arithmetical mistake occurs in any judgment, decree
or order of a High Court, the same may be corrected by the High Court.

Section 156. General power to amend
Preview (Bare Act)
Any defect or error in any proceeding may be amended by the Court at any time
so as to give effect to the real intention of the parties.

Section 157. Continuance of proceedings
Preview (Bare Act)
All proceedings commenced under this Code shall be continued and disposed of
in accordance with the provisions of this Code.

Section 158. Repeal
Preview (Bare Act)
The enactments specified in the Schedule are hereby repealed to the extent
mentioned therein.

ORDERS


▶ ORDER I — Parties to Suits


▶ ORDER II — Frame of Suit


▶ ORDER III — Recognized Agents and Pleaders


▶ ORDER IV — Institution of Suits


▶ ORDER V — Issue and Service of Summons


▶ ORDER VI — Pleadings Generally


▶ ORDER VII — Plaint


▶ ORDER VIII — Written Statement, Set-off and Counter-claim


▶ ORDER IX — Appearance of Parties and Consequence of Non-appearance


▶ ORDER X — Examination of Parties by the Court


▶ ORDER XI — Discovery and Inspection


▶ ORDER XII — Admissions


▶ ORDER XIII — Production, Impounding and Return of Documents


▶ ORDER XIV — Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed upon


▶ ORDER XV — Disposal of the Suit at the First Hearing


▶ ORDER XVI — Summoning and Attendance of Witnesses


▶ ORDER XVII — Adjournments


▶ ORDER XVIII — Hearing of the Suit and Examination of Witnesses


▶ ORDER XIX — Affidavits


▶ ORDER XX — Judgment and decree


▶ ORDER XXI — Execution of Decrees and Orders


▶ ORDER XXII — Death, Marriage and Insolvency of Parties


▶ ORDER XXIII — Withdrawal and Adjustment of Suits


▶ ORDER XXIV — Payment into Court


▶ ORDER XXV — Security for Costs


▶ ORDER XXVI — Commissions


▶ ORDER XXVII — Suits by or against the Government or Public Officers in their Official Capacity


▶ ORDER XXVIII — Suits by or against Military or Naval Men or Airmen


▶ ORDER XXIX — Suits by or against Corporations


▶ ORDER XXX — Suits by or against Firms and Persons Carrying on Business in Names other than their Own


▶ ORDER XXXI — Suits by or against Trustees, Executors and Administrators


▶ ORDER XXXII — Suits by or against Minors and Persons of Unsound Mind


▶ ORDER XXXIII — Suits by Indigent Persons


▶ ORDER XXXIV — Suits relating to Mortgages of Immovable Property


▶ ORDER XXXV — Interpleader


▶ ORDER XXXVI — Special Case


▶ ORDER XXXVII — Summary Procedure


▶ ORDER XXXVIII — Arrest and Attachment before Judgment


▶ ORDER XXXIX — Temporary Injunctions and Interlocutory Orders


▶ ORDER XL — Appointment of Receivers


▶ ORDER XLI — Appeals from Original Decrees


▶ ORDER XLII — Appeals from Appellate Decrees


▶ ORDER XLIII — Appeals from Orders


▶ ORDER XLIV — Appeals by Indigent Persons


▶ ORDER XLV — Appeals to the Supreme Court


▶ ORDER XLVI — Reference


▶ ORDER XLVII — Review


▶ ORDER XLVIII — Miscellaneous


▶ ORDER XLIX — Chartered High Courts


▶ ORDER L — Provincial Small Cause Courts


▶ ORDER LI — Miscellaneous

Select an Order from the left panel to view its rules.

CPC FORMS & APPENDICES