VidhiSangh

Bare Act · 162 sections

Code of Civil Procedure, 1908 (CPC)

Sections

  1. 1. Short title, commencement and extent
  2. 2. Definitions
  3. 3. Subordination of Courts
  4. 4. Savings
  5. 5. Application of the Code to Revenue Courts
  6. 6. Pecuniary jurisdiction
  7. 7. Provincial Small Cause Courts
  8. 8. Presidency Small Cause Courts

Part I — Suits in General

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

Part II — Execution

  1. 36. Application to orders
  2. 37. Definition of Court which passed a decree
  3. 38. Court by which decree may be executed
  4. 39. Transfer of decree
  5. 40. Transfer of decree to Court in another State
  6. 41. Result of execution proceedings to be certified
  7. 42. Powers of Court in executing transferred decree
  8. 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A. Execution of decrees passed by Courts in reciprocating territory
  11. 45. Execution of decrees outside India
  12. 46. Precepts
  13. 47. Questions to be determined by the Court executing decree
  14. 48. Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964)
  15. 49. Transferee
  16. 50. Legal representative
  17. 51. Powers of Court to enforce execution
  18. 52. Enforcement of decree against legal representative
  19. 53. Liability of ancestral property
  20. 54. Partition of estate or separation of share
  21. 55. Arrest and detention
  22. 56. Prohibition of arrest or detention of women in execution of decree for money
  23. 57. Subsistence-allowance
  24. 58. Detention and release
  25. 59. Release on ground of illness
  26. 60. Property liable to attachment and sale in execution of decree
  27. 61. Partial exemption of agricultural produce
  28. 62. Seizure of property in dwelling-house
  29. 63. Property attached in execution of decrees of several Courts
  30. 64. Private alienation of property after attachment to be void
  31. 65. Purchaser’s title
  32. 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  33. 73. Proceeds of execution-sale to be rateably distributed among decree-holders
  34. 74. Resistance to execution

Part III — Incidental Proceedings

  1. 75. Power of Court to issue commissions
  2. 76. Commission to another Court
  3. 77. Letter of request
  4. 78. Commissions issued by foreign Courts

Part IV — Suits in Particular Cases

  1. 79. Suits by or against Government
  2. 80. Notice
  3. 81. Exemption from arrest and personal appearance
  4. 82. Execution of decree
  5. 83. When aliens may sue
  6. 84. When foreign States may sue
  7. 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86. Suits against foreign Rulers, Ambassadors and Envoys
  9. 87. Style of foreign Rulers as parties to suits
  10. 87A. Definitions of “Foreign State” and “Rulers”
  11. 87B. Applications of sections 85 and 86 to Rulers of former Indian States
  12. 88. Where interpleader suit may be instituted

Part V — Special Proceedings

  1. 89. Settlement of disputes outside the Court
  2. 90. Power to state case for opinion of Court
  3. 91. Public nuisances and other wrongful acts affecting the public
  4. 92. Public charities
  5. 93. Exercise of powers of Advocate-General outside presidency-towns

Part VI — Supplemental Proceedings

  1. 94. Supplemental proceedings
  2. 95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Part VII — Appeals

  1. 96. Appeal from original decree
  2. 97. Appeal from final decree where no appeal from preliminary decree
  3. 98. Decision where appeal heard by two or more Judges
  4. 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  5. 99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  6. 100. Second appeal
  7. 100A. No further appeal in certain cases
  8. 101. Second appeal on no other grounds
  9. 102. No second appeal in certain cases
  10. 103. Power of High Court to determine issue of fact
  11. 104. Orders from which appeal lies
  12. 105. Other orders
  13. 106. What Courts to hear appeals
  14. 107. Powers of Appellate Court
  15. 108. Procedure in appeals from appellate decrees and orders
  16. 109. When appeals lie to the Supreme Court
  17. 110. Section 110
  18. 111. Bar of certain appeals.] omitted by the A.O. 1950
  19. 112. Savings

Part VIII — Reference, Review and Revision

  1. 113. Reference to High Court
  2. 114. Review
  3. 115. Revision

Part IX — Special Provisions Relating to the 1 [high Courts 2 [not Being the Court of a

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

Part X — Rules

  1. 121. Effect of rules in First Schedule
  2. 122. Power of certain High Courts to make rules
  3. 123. Constitution of Rules Committees in certain States
  4. 124. Committee to report to High Court
  5. 125. Power of other High Courts to make rules
  6. 126. Rules to be subject to approval
  7. 127. Publication of rules
  8. 128. Matters for which rules may provide
  9. 129. Power of High Courts to make rules as to their original Civil procedure
  10. 130. Powers of other High Courts to make rules as to matters other than procedure
  11. 131. Publication of rules

Part XI — Miscellaneous

  1. 132. Exemption of certain women from personal appearance
  2. 133. Exemption of other persons
  3. 134. Arrest other than in execution of decree
  4. 135. Exemption from arrest under civil process
  5. 135A. Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136. Procedure where person to be arrested or property to be attached is outside district
  7. 137. Language of subordinate Courts
  8. 138. Power of High Court to require evidence to be recorded in English
  9. 139. Oath on affidavit by whom to be administered
  10. 140. Assessors in causes of salvage, etc
  11. 141. Miscellaneous proceedings
  12. 142. Orders and notices to be in writing
  13. 143. Postage
  14. 144. Application for restitution
  15. 145. Enforcement of liability of surety
  16. 146. Proceedings by or against representatives
  17. 147. Consent or agreement by persons under disability
  18. 148. Enlargement of time
  19. 148A. Right to lodge a caveat
  20. 149. Power to make up deficiency of court-fees
  21. 150. Transfer of business
  22. 151. Saving of inherent powers of Court
  23. 152. Amendment of judgments, decrees or orders
  24. 153. General power to amend
  25. 153A. Power to amend decree or order where appeal is summarily dismissed
  26. 153B. Place of trial to be deemed to be open Court
  27. 155. Amendment of certain Acts.] Rep. by s. 2 and the First Schedule., ibid
  28. 157. Continuance of orders under repealed enactments
  29. 158. Reference to Code of Civil Procedure and other repealed enactments

Source: official text.