The Code of Civil Procedure, 1908
CPC · 1908
PRELIMINARY
Part I · SUITS IN GENERAL
- §9Courts to try all civil suits unless barred
- §10Stay of suit
- §11Res judicata
- §12Bar to further suit
- §13When foreign judgment not conclusive
- §14Presumption as to foreign judgments
- §15Court in which suits to be instituted
- §16Suits to be instituted where subject-matter situate
- §17Suits for immovable property situate within jurisdiction of different Courts
- §18Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
- §19Suits for compensation for wrongs to person or movables
- §20Other suits to be instituted where defendants reside or cause of action arises
- §21Objections to jurisdiction
- §21ABar on suit to set aside decree on objection as to place of suing
- §22Power to transfer suits which may be instituted in more than one Court
- §23To what Court application lies
- §24General power of transfer and withdrawal
- §25Power of Supreme Court to transfer suits, etc
- §26Institution of suits
- §27Summons to defendants
- §28Service of summons where defendant resides in another State
- §29Service of foreign summonses
- §30Power to order discovery and the like
- §31Summons to witness
- §32Penalty for default
- §33Judgment and decree
- §34Interest
- §35Costs
- §35ACompensatory costs in respect of false or vexatious claims or defences
- §35BCosts for causing delay
Part II · EXECUTION
- §36Application to orders
- §37Definition of Court which passed a decree
- §38Court by which decree may be executed
- §39Transfer of decree
- §40Transfer of decree to Court in another State
- §41Result of execution proceedings to be certified
- §42Powers of Court in executing transferred decree
- §43Execution of decrees passed by Civil Courts in places to which this Code does not extend
- §44Execution of decrees passed by Revenue Courts in places to which this Code does not extend
- §44AExecution of decrees passed by Courts in reciprocating territory
- §45Execution of decrees outside India
- §46Precepts
- §47Questions to be determined by the Court executing decree
- §48Execution barred in certain cases. Rep
- §49Transferee
- §50Legal representative
- §51Powers of Court to enforce execution
- §52Enforcement of decree against legal representative
- §53Liability of ancestral property
- §54Partition of estate or separation of share
- §55Arrest and detention
- §56Prohibition of arrest or detention of women in execution of decree for money
- §57Subsistence-allowance
- §58Detention and release
- §59Release on ground of illness
- §60Property liable to attachment and sale in execution of decree
- §61Partial exemption of agricultural produce
- §62Seizure of property in dwelling-house
- §63Property attached in execution of decrees of several Courts
- §64Private alienation of property after attachment to be void
- §65Purchaser’s title
- §66Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.
- §67Power for State Government to make rules as to sales of land in execution of decrees for payment of money
- §68Power to prescribe rules for transferring to collector execution of certain decrees .
- §69Provisions of Third Schedule to apply.
- §70Rules of Procedure.
- §71Collector deemed to be acting judicially.
- §72Where Court may authorize Collector to stay Public Sale of Land.
- §73Proceeds of execution-sale to be rateably distributed among decree-holders
- §74Resistance to execution
Part III · INCIDENTAL PROCEEDINGS
Part IV · SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
- §79Suits by or against Government
- §80Notice
- §81Exemption from arrest and personal appearance
- §82Execution of decree
- §83When aliens may sue
- §84When foreign States may sue
- §85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
- §86Suits against foreign Rulers, Ambassadors and Envoys
- §87Style of foreign Rulers as parties to suits
- §87ADefinitions of “Foreign State” and “Rulers”
- §87BApplications of sections 85 and 86 to Rulers of former Indian States
- §88Where interpleader suit may be instituted
Part V · SPECIAL PROCEEDINGS
Part VI · SUPPLEMENTAL PROCEEDINGS
Part VII · APPEALS
- §96Appeal from original decree
- §97Appeal from final decree where no appeal from preliminary decree
- §98Decision where appeal heard by two or more Judges
- §99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
- §99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
- §100Second appeal
- §100ANo further appeal in certain cases
- §101Second appeal on no other grounds
- §102No second appeal in certain cases
- §103Power of High Court to determine issue of fact
- §104Orders from which appeal lies
- §105Other orders
- §106What Courts to hear appeals
- §107Powers of Appellate Court
- §108Procedure in appeals from appellate decrees and orders
- §109When appeals lie to the Supreme Court
- §110Value of subject matters.
- §111Bar of certain appeals.
- §111AAppeals to Federal Court Rep
- §112Savings
Part VIII · REFERENCE, REVIEW AND REVISION
Part IX · SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
Part X · RULES
- §121Effect of rules in First Schedule
- §122Power of certain High Courts to make rules
- §123Constitution of Rules Committees in certain States
- §124Committee to report to High Court
- §125Power of other High Courts to make rules
- §126Rules to be subject to approval
- §127Publication of rules
- §128Matters for which rules may provide
- §129Power of High Courts to make rules as to their original Civil procedure
- §130Powers of other High Courts to make rules as to matters other than procedure
- §131Publication of rules
Part XI · MISCELLANEOUS
- §132Exemption of certain women from personal appearance
- §133Exemption of other persons
- §134Arrest other than in execution of decree
- §135Exemption from arrest under civil process
- §135AExemption of members of legislative bodies from arrest and detention under civil process
- §136Procedure where person to be arrested or property to be attached is outside district
- §137Language of subordinate Courts
- §138Power of High Court to require evidence to be recorded in English
- §139Oath on affidavit by whom to be administered
- §140Assessors in causes of salvage, etc
- §141Miscellaneous proceedings
- §142Orders and notices to be in writing
- §143Postage
- §144Application for restitution
- §145Enforcement of liability of surety
- §146Proceedings by or against representatives
- §147Consent or agreement by persons under disability
- §148Enlargement of time
- §148ARight to lodge a caveat
- §149Power to make up deficiency of court-fees
- §150Transfer of business
- §151Saving of inherent powers of Court
- §152Amendment of judgments, decrees or orders
- §153General power to amend
- §153APower to amend decree or order where appeal is summarily dismissed
- §153BPlace of trial to be deemed to be open Court
- §154Saving of present right of appeal.
- §155Amendment of certain Acts.
- §156Repeals.
- §157Continuance of orders under repealed enactments
- §158Reference to Code of Civil Procedure and other repealed enactments