CIVIL PROCEDURE CODE

THE CODE OF CIVIL PROCEDURE, 1908

[VOLUME–I]

[Act No. 5 of 1908 as amended upto Act No. 22 of 2002]

[21st March 1908]

PRELIMINARY

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.

PART I

SUITS IN GENERAL

JURISDICTION OF THE COURTS AND RES-JUDICATA

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.

PLACE OF SUING

15.

Courts 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.

INSTITUTION OF SUITS

26.

Institution of suits.

SUMMONS AND DISCOVERY

27.

Summons to defendants.

28.

Service of summons where defendant resides in another State.

29.

Service of foreign summones.

30.

Power to order discovery and the like.

31.

Summons to witness.

32.

Penalty for default.

PART-IV

SUITS IN PARTICULAR CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

79.

Suits by or against Government.

80.

Notice.

81.

Exemption from arrest and personal appearance.

82.

Execution of decree.

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, 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.

87.

Style of foreign Rulers as parties to suits.

87A.

Definitions of "Foreign State" and "Ruler".

SUITS AGAINST RULERS OF FORMER INDIA STATES

87B.

Applications of Sections 85 and 86 to Rulers of former Indian States.

INTERPLEADER

88.

Where interpleader suit may be instituted.

PART V

SPECIAL PROCEEDINGS

ARBITRATION

89.

[Repealed].

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.

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

APPEALS FROM ORIGINAL DECREES

96.

Appeal from original decree.

97.

Appeal from final decree when 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.

APPEALS FRONT 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 issues of fact.

APPEALS FROM ORDERS

104.

Orders from which appeal lies.

105.

Other orders.

106.

What Courts to hear appeals.

GENERAL PROVISIONS RELATING TO APPEALS

107.

Powers of Appellate Court.

108.

Procedure in appeals from appellate decrees and orders.

APPEALS TO THE SUPREME COURT

109.

When appeals lie to the Supreme Court.

110.

[Repealed].

111.

[Repealed].

111A.

[Repealed].

112.

Savings.

PART VIII

REFERENCE, REVIEW AND REVISION

113.

Reference to High Court.

114.

Review.

115.

Revision.

PART 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.

117.

Application of Code to High Courts.

118.

Execution of decree before ascertainment of costs.

119.

Unauthorized persons not to address Court.

120.

Provisions not applicable to High Court in original civil jurisdiction.

PART X

RULES

121.

Effect of rules in First Schedule.

122.

Power of certain High Courts 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.

Powers 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 subordinates 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.

Saying of inherent powers of Court.

152.

Amendment of judgments, decrees or orders.

153.

General power to amend.

153A.

A power to amend decree or order where appeal is summarily dismissed.

153B.

Place of trial to be deemed to be open Court.

154.

[Repealed].

155.

[Repealed].

156.

[Repealed].

157.

Continuance of orders under repealed enactments.

158.

Reference to Code of Civil Procedure and other repealed enactments.

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