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The Code of Civil Procedure, 1908
1908 · Ministry of Law and Justice ·
In force
· synced 04 Jul 2026
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1.
Short title, commencement and extent
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
I
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
I — PLACE OF SUING
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
21A.
Bar on suit to set aside decree on objection as to place of suing
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 Supreme Court to transfer suits, etc
I — INSTITUTION OF SUITS
26.
Institution of suits
I — SUMMONS AND DISCOVERY
27.
Summons to defendants
28.
Service of summons where defendant resides in another State
29.
Service of foreign summonses
30.
Power to order discovery and the like
31.
Summons to witness
32.
Penalty for default
I — JUDGMENT AND DECREE
33.
Judgment and decree
34.
Interest
35.
Costs
35A.
Compensatory costs in respect of false or vexatious claims or defences
35B.
Costs for causing delay
II — EXECUTION GENERAL
36.
Application to orders
37.
Definition of Court which passed a decree
II — COURTS BY WHICH DECREES MAY BE EXECUTED
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
II — QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47.
Questions to be determined by the Court executing decree
II — LIMIT OF TIME FOR EXECUTION
48.
[Execution barred in certain cases.]
II — TRANSFEREES AND LEGAL REPRESENTATIVES
49.
Transferee
50.
Legal representative
II — PROCEDURE IN EXECUTION
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
II — ARREST AND DETENTION
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.
Purchaser’s title
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.]
73.
Proceeds of execution-sale to be rateably distributed among decree-holders
II — RESISTANCE TO EXECUTION
74.
Resistance to execution
III
75.
Power of Court to issue commissions
76.
Commission to another Court
77.
Letter of request
78.
Commissions issued by foreign Courts
IV
79.
Suits by or against Government
80.
Notice
81.
Exemption from arrest and personal appearance
82.
Execution of decree
83.
When aliens may sue
84.
When foreign States may sue
85.
Persons specially appointed by Government to prosecute or defend on behalf of foreign
86.
Suits against foreign Rulers, Ambassadors and Envoys
87.
Style of foreign Rulers as parties to suits
87A.
Definitions of “Foreign State” and “Rulers”
IV — SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B.
Applications of sections 85 and 86 to Rulers of former Indian States
88.
Where interpleader suit may be instituted
V — SPECIAL PROCEEDINGS ARBITRATION
89.
Settlement of disputes outside the Court
V — SPECIAL CASE
90.
Power to state case for opinion of Court
91.
Public nuisances and other wrongful acts affecting the public
92.
Public charities
93.
Exercise of powers of Advocate-General outside presidency-towns
VI — SUPPLEMENTAL PROCEEDINGS
94.
Supplemental proceedings
95.
Compensation for obtaining arrest, attachment or injunction on insufficient grounds
VII — APPEALS 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 merits or jurisdiction
99A.
No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
VII — APPEALS FROM APPELLATE DECREES
100.
Second appeal
100A.
No further appeal in certain cases
101.
Second appeal on no other grounds
102.
No second appeal in certain cases
103.
Power of High Court to determine issue of fact
VII — APPEALS FROM ORDERS
104.
Orders from which appeal lies
105.
Other orders
106.
What Courts to hear appeals
VII — GENERAL PROVISIONS RELATING TO APPEALS
107.
Powers of Appellate Court
108.
Procedure in appeals from appellate decrees and orders
VII — APPEALS TO THE SUPREME COURT
109.
When appeals lie to the Supreme Court
110.
[Value of subject matters.]
111.
[Bar of certain appeals.]
111A.
[Appeals to Federal Court]
112.
Savings
VIII
113.
Reference to High Court
114.
Review
115.
Revision
IX
116.
Part to apply only to certain High Courts
117.
Application of Code to High Courts
118.
Execution of decree before ascertainment of costs
120.
Provisions not applicable to High Court in original civil jurisdiction
X
121.
Effect of rules in First Schedule
122.
Power of certain High Courts to make rules
123.
Constitution of Rules 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.
Powers of other High Courts to make rules as to matters other than procedure
131.
Publication of rules
XI
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 in 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
148A.
Right to lodge a caveat
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
153A.
Power to amend decree or order where appeal is summarily dismissed
153B.
Place of trial to be deemed to be open Court
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 enactments
THE FIRST SCHEDULE — 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 XIII-A.
Summary Judgment (commercial disputes)
THE FIRST SCHEDULE — Orders
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 XV-A.
Case Management Hearing (commercial disputes)
THE FIRST SCHEDULE — Orders
Order XVI.
Summoning and Attendance of Witnesses
Order XVII.
Adjournment
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.
Presidency Small Cause Courts
Appendix A.
Pleadings
Appendix B.
Process
Appendix C.
Discovery, Inspection and Admission
Appendix D.
Decrees
Appendix E.
Execution
Appendix F.
Supplemental Proceedings
Appendix G.
Appeal, Reference and Review
Appendix H.
Miscellaneous
1
11
21
30
39
48
58
73
84
92
100A
111
121
131
140
150
158
Order X
Order XVIII
Order XXIX
Order XXXIX
Order XLIX