Code of Civil Procedure, 1908

Preliminary

• 1 Short title, commencement and extent 2 judgments
• 2 Definitions 24 judgments
• 3 Subordination of Courts 2 judgments
• 4 Savings 4 judgments
• 5 Application of the Code to Revenue Courts
• 6 Pecuniary jurisdiction
• 7 Provincial Small Cause Courts
• 8 Presidency Small Cause Courts

Chapter I: Suits in General

JURISDICTION OF THE COURTS AND Res Judicata

• 9 Courts to try all civil suits unless barred 51 judgments
• 10 Stay of suit 9 judgments
• 11 Res judicata 52 judgments
• 12 Bar to further suit 2 judgments
• 13 When foreign judgment not conclusive 8 judgments
• 14 Presumption as to foreign judgments 1 judgment

Place of suing

• 15 Court in which suits to be instituted 2 judgments
• 16 Suits to be instituted where subject-matter situate 10 judgments
• 17 Suits for immovable property situate within jurisdiction of different Courts 2 judgments
• 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 14 judgments
• 21 Objections to jurisdiction 15 judgments
• 21A Baron suit to set aside decree on objection as to place of suing 1 judgment
• 22 Power to transfer suits which may be instituted in more than one Court 1 judgment
• 23 To what Court application lies
• 24 General power of transfer and withdrawal 8 judgments
• 25 Power of Supreme Court to transfer suits, etc 10 judgments

Institution of suits

• 26 Institution of suits 4 judgments

Summons and discovery

• 27 Summons to defendants 1 judgment
• 28 Service of summons where defendant resides in another State
• 29 Service of foreign summonses
• 30 Power to order discovery and the like 2 judgments
• 31 Summons to witness
• 32 Penalty for default 1 judgment

Judgment and decree

• 33 Judgment and decree

Interest

• 34 Interest 21 judgments

Costs

• 35 Costs 4 judgments
• 35A Compensatory costs in respect of false or vexatious claims or defences 6 judgments
• 35B Costs for causing delay

Chapter II: Execution General

• 36 Application to orders
• 37 Definition of Court which passed a decree 2 judgments

Courts by which decrees may be executed

• 38 Court by which decree may be executed 3 judgments
• 39 Transfer of decree 4 judgments
• 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 4 judgments
• 45 Execution of decrees outside India
• 46 Precepts

Questions to be determined by court executing decree

• 47 Questions to be determined by the Court executing decree 32 judgments

Limit of time for execution

• 48 [Repealed.] 2 judgments

Transferees and legal representatives

• 49 Transferee
• 50 Legal representative 4 judgments

Procedure in execution

• 51 Powers of Court to enforce execution 3 judgments
• 52 Enforcement of decree against legal representative
• 53 Liability of ancestral property
• 54 Partition of estate or separation of share 4 judgments

Arrest and detention

• 55 Arrest and detention
• 56 Prohibition of arrest or detention of women in execution of decree for money 1 judgment
• 57 Subsistence-allowance 1 judgment
• 58 Detention and release 1 judgment
• 59 Release on ground of illness

Attachment

• 60 Property liable to attachment and sale in execution of decree 5 judgments
• 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

Sale

• 65 Purchaser's title 1 judgment
• 66 [Repealed.] 2 judgments
• 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money

Against immovable property

• 68 [Repealed.]
• 69 [Repealed.]
• 70 [Repealed.]
• 71 [Repealed.]
• 72 [Repealed.]

Distribution of assets

• 73 Proceeds of execution sale to be rateably distributed among decree-holders 3 judgments

Resistance to execution

• 74 Resistance to execution

Chapter III: Incidental Proceedings Commissions

• 75 Power of Court to issue commissions 2 judgments
• 76 Commission to another Court 1 judgment
• 77 Letter of request
• 78 Commissions issued by foreign Courts

Chapter IV: Suits in Particular Cases Suits by or against the Government or Public Officers in Their Official Capacity

• 79 Suits by or against Government 1 judgment
• 80 Notice 39 judgments
• 81 Exemption from arrest and personal appearance
• 82 Execution of decree

Ambassadors and envoys

• 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 Rulers
• 86 Suits against foreign Rulers, Ambassadors and Envoys 1 judgment
• 87 Style of foreign Rulers as parties to suits
• 87A Definitions of foreign State and Ruler

Suits against rulers of former indian states

• 87B Application of sections 85 and 86 to Rulers of former Indian States 4 judgments

Interpleader

• 88 Where interpleader-suit may be instituted

Chapter V: Special Proceedings Arbitration

• 89 Settlement of disputes outside the Court 17 judgments

Special case

• 90 Power to state case for opinion of Court

Public nuisances and other wrongful acts affecting the public

• 91 Public nuisances and other wrongful acts affecting the public 1 judgment
• 92 Public charities 24 judgments
• 93 Exercise of powers of Advocate-General outside presidency-towns 1 judgment

Chapter VI: Supplemental Proceedings

• 94 Supplemental proceedings 2 judgments
• 95 Compensation for obtaining arrest, attachment or injunction on insufficient ground

Chapter VII: Appeals Appeals From Original Decrees

• 96 Appeal from original decree 90 judgments
• 97 Appeal from final decree where no appeal from preliminary decree 14 judgments
• 98 Decision where appeal heard by two or more Judges 3 judgments
• 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction 7 judgments
• 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected

Appeals from appellate decrees

• 100 Second appeal 157 judgments
• 100A No further appeal in certain cases 2 judgments
• 101 Second appeal on no other grounds 1 judgment
• 102 No second appeal in certain cases 1 judgment
• 103 Power of High Court to determine issue of fact 4 judgments

Appeals from orders

• 104 Orders from which appeal lies 6 judgments
• 105 Other orders 2 judgments
• 106 What Courts to hear appeals

General provisions relating to appeals

• 107 Powers of Appellate Court 8 judgments
• 108 Procedure in appeals from appellate decrees and orders 1 judgment

Appeals to the supreme court

• 109 When appeals lie to the Supreme Court 4 judgments
• 110 [Omitted.] 4 judgments
• 111 [Omitted.]
• 111A [Omitted.]
• 112 Savings

Chapter VIII: Reference, Review and Revision

• 113 Reference to High Court
• 114 Review 11 judgments
• 115 Revision 55 judgments

Chapter IX: Special Provisions Relating to the High Courts Not Being the Court of A Judicial Commissioner

• 116 Part to apply only to certain High Courts 1 judgment
• 117 Application of Code to High Courts 1 judgment
• 118 Execution of decree before ascertainment of costs
• 119 Unauthorised persons not to address Court
• 120 Provisions not applicable to High Court in original civil jurisdiction 1 judgment

Chapter X: Rules

• 121 Effect of rules in First Schedule
• 122 Power of certain High Courts to make rules 4 judgments
• 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

Chapter XI: Miscellaneous

• 132 Exemption of certain women from personal appearance 2 judgments
• 133 Exemption of other persons 1 judgment
• 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 out side 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 7 judgments
• 142 Orders and notices to be in writing
• 143 Postage
• 144 Application for restitution 15 judgments
• 145 Enforcement of liability of surety 3 judgments
• 146 Proceedings by or against representatives 3 judgments
• 147 Consent or agreement by persons under disability
• 148 Enlargement of time 13 judgments
• 148A Right to lodge a caveat
• 149 Power to make up deficiency of court-fees 3 judgments
• 150 Transfer of business
• 151 Saving of inherent powers of Court 98 judgments
• 152 Amendment of judgments, decrees or orders 7 judgments
• 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 1 judgment
• 154 [Repealed.]
• 155 [Repealed.]
• 156 [Repealed.]
• 157 Continuance of orders under repealed enactments 1 judgment
• 158 Reference to Code of Civil Procedure and other repealed enactments 1 judgment