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  • Home
  • Indian Laws
  • Code of Civil Procedure, 1908

Code of Civil Procedure, 1908

Sections Particulars
Preliminary
1 Short title
2 Definitions
3 Subordination of Courts
4 Savings
5 Application of the Code to Revenue Courts.
6 Pecuniary jurisdiction
7 Provincial Small Cause Courts
8 Presidency Small Cause Courts
Part I Suits In General
9 Courts to try all civil suits unless barred.
10 Stay of Suit
11 Res Judicata
12 Bar to further suit
13 When foreign judgment not conclusive
14 Presumption as to foreign judgments.
15 Court in which suits to be instituted
16 Suits to be instituted where subject matter situate
17 Suits for immovable property situate within jurisdiction of different Courts.
18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain
19 Suits for compensation for wrongs to person or movables
20 Other suits to be instituted where defendants reside or cause of action arises.
21 Objections to jurisdiction.
22 Power to transfer suits which may be instituted in more than one Court.
23 To what Court application lies.
24 General power of transfer and withdrawal
25 Power of State Government to transfer suits
26 Institution of suits
27 Summons to defendants
28 Service of summons where defendant resides in another State
29 Service of foreign summonses. Summonses and other processes issued by
30 Power to order discovery and the like. Subject to such conditions and limitations as may be prescrib
31 Summons to witness
32 Penalty for default.
33 Judgment and decree
34 Interest
35 Costs.
Part II Execution
36 Application to orders
37 Definition of Court which passed a decree
38 Court by which decree may be executed
39 Transfer of decree
40 Transfer of decree to Court in another State.
41 Result of execution-proceedings to be certified.
42 Powers of Court in executing transferred decree
43 Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A Execution of decrees passed by Courts in reciprocating territory
45 Execution of decrees outside India.
46 Precepts
47 Questions to be determined by the Court executing decree
48 .Execution barred in certain cases
49 Transferee
50 .Legal representative
51 Powers of Court to enforce execution.
52 Enforcement of decree against legal representative.
53 Liability of ancestral property
54 Partition of estate or separation of share.
55 Arrest and detention
56 Prohibition of arrest or detention of women in execution of decree for money
57 Subsistence allowance
58 Detention and release
59 Release on ground of illness.
60 Property liable to attachment and sale in execution of decree
61 Partial exemption of agricultural produce
62 Seizure of property in dwelling house.
63 Property attached in execution of decrees of several Courts
64 Private alienation of property after attachment to be void
65 Purchasers title
66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
68 Power to prescribe rules for transferring to Collector execution of certain decrees
69 Provisions of Third Schedule to apply
70 Rules of procedure
71 Collector deemed to be acting judicially
72 Where Court may authorize Collector to stay public sale of land
73 .Proceeds of execution-sale to be rateably distributed among decree-holders
74 Resistance to execution
Part III Incidental Proceedings
75 Power of Court to issue commissions
76 Commission to another Court
77 Letter of request
78 Commissions issued by foreign Courts
79 Suits by or against Government
Part IV Suits In Particular Cases
80 Notice
81 Exemption from arrest and personal appearance
82 Execution of decree.
83 When aliens may use
84 When foreign States may use
85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86 Suits against foreign Rulers, Ambassadors and Envoys
87 Style of foreign Rulers as parties to suits
87A Definitions of foreign State and Rulers
87B Application of sections 85 and 86 to Rulers of former Indian States
88 Where interpleader suit may be instituted
Part V Special Proceedings
89 [Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 and Sch.III
90 Power to state case for opinion of Court
91 Public nuisances.
92 Public charities
93 Exercise of powers of Advocate General outside presidency-towns.
Part VI Supplemental Proceedings
94 Supplemental proceedings
95 Compensation for obtaining arrest, attachment or injunction on insufficient grounds.-
Part VII Appeals From Original Decrees
96 Appeal from original decree.
97 Appeal from final decree where no appeal from preliminary decree.
98 Decision where appeal heard by two or more Judges.
99 No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
100 Second appeal.
101 Second appeal on no other grounds.
102 No second appeal in certain suits
103 Power of High Court to determine issues of fact
104 Orders from which appeal lies
105 Other orders.
106 What Courts to hear appeals
107 Power of Appellate court.
108 Procedure in appeals from appellate decrees and orders
109 When appeal lie to the Supreme Court
110 Value of subject-matter
111 Bar of certain appeals
111A Appeal to Federal Court
112 Savings
Part VIII Reference, Review And Revision
113 Reference to High Court
114 Review
115 Revision
Part IX Special Provisions Relating To The {Subs. By Act 2 Of 1951, S.14, For "Chartered High Courts".}[High Courts For Part A States And Part B States]
116 Part to apply only to certain High Courts.
117 Application of Code to High Courts
118 Execution of decree before ascertainment of costs
119 Unauthorized persons not to address Court
120 Provision not applicable to High Court on original civil jurisdiction
Part X Rules
121 Effect of rules in First Schedule
122 Power of certain High Court to make rules
123 Constitution of Rule Committees in certain States
124 Committee to report to High Court.
125 Power of other High Courts to make rules
126 Rules to be subject to approval
127 Publication of rules.
128 Matters for which rules may provide
129 Power of High Courts to make rules as to their original civil procedure
130 Power of other High Courts to make rules as to matters other than procedure
131 Publication of rules.
Part XI Miscellaneous
132 Exemption of certain women from personal appearance
133 Exemption of other persons
134 Arrest other than in execution of decree
135 Exemption from arrest under civil Process.
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
136 Procedure where person to be arrested or property to be attached is outside district.
137 Language of Subordinate Courts.
138 Power of High Court to require evidence to be recorded English.
139 Oath on affidavit by whom to be administered
140 Assessors in causes of salvage, etc
141 Miscellaneous proceedings
142 Orders and notices to be in writing.-
143 Postage.
144 Application for restitution.
145 Enforcement of Liability of surety.
146 Proceedings by or against representatives.
147 Consent or agreement by persons under disability
148 Enlargement of time
149 Power to make up deficiency of court-fees
150 Transfer of business
151 Saving of inherent powers of Court.
152 Amendment of judgments, decrees or orders
153 General power to amend
154 Saving of present right of appeal
155 Amendment of certain Acts
156 Repeals
157 Continuance of Orders under repealed enactments
158 Reference to Code of Civil Procedure and other repealed enactment
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