Code_of_Civil_Procedure_(India)

**Civil Procedure Code**, 1908
Civil Procedure Code, 1908
Imperial Legislative Council (India)
	Long title An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature ;
Citation	Act No. 05 of 1908
Enacted by	Imperial Legislative Council (India)
Enacted	21 March 1908
Commenced	1 January 1909
Repeals
	Civil Procedure Code, 1882

Code of Civil Procedure (India)

Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

Quick Facts Civil Procedure Code, 1908, Imperial Legislative Council (India) ...

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

Arrangement of Sections

Arrangement of Schedules

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[CPC_History-1] [1]
"Law Commission 27th Report" (PDF). Archived (PDF) from the original on 17 August 2013. Retrieved 1 April 2014.

[2] [2]
"The Code of Civil Procedure (Amendment) Act, 2002" (PDF). Archived from the original (PDF) on 28 January 2018.

[indianlaw-3] [3]
"Commercial Courts Act, 2015 contd.: Important changes in provisions of CPC | Indialaw Blog". Indialaw Blog. 22 January 2016. Archived from the original on 2 September 2018. Retrieved 3 September 2018.

[:0-4] [4]
"Code of Civil Procedure of India, Page 08" (PDF). Legislative Department, Govt. of India. 23 March 2024. Archived (PDF) from the original on 10 December 2023. Retrieved 23 March 2024.

[:1-5] [5]
"Code of Civil Procedure in India, Page 09" (PDF). Legislative Dept., Govt. of India. 23 March 2024. Archived (PDF) from the original on 10 December 2023. Retrieved 23 March 2024.

[:2-6] [6]
"Code of Civil Procedure in India, Page 12" (PDF). Legislative Department, Govt. of India. 24 March 2023. Archived (PDF) from the original on 10 December 2023. Retrieved 24 March 2023.

[:3-7] [7]
"Code of Civil Procedure in India, Page 13" (PDF). India Code, Digital Repository of Laws, Govt. of India. 25 March 2024. Archived (PDF) from the original on 2 February 2024. Retrieved 25 March 2024.

[:4-8] [8]
"Code of Civil Procedure in India, Page 14" (PDF). India Code, Digital Repository of Laws, Govt. of India. 25 March 2024. Archived (PDF) from the original on 2 February 2024. Retrieved 25 March 2024.

[:5-9] [9]
"Code of Civil Procedure in India, Page 15" (PDF). India Code, Digital Repository of Laws, Govt. of India. 25 March 2024. Archived (PDF) from the original on 2 February 2024. Retrieved 25 March 2024.

[:6-10] [10]
"Code of Civil Procedure in India, Page 16" (PDF). India Code, Digital Repository of Laws, Govt. of India. 25 March 2024. Archived (PDF) from the original on 2 February 2024. Retrieved 25 March 2024.

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Section	Description
1	Short Title, Commencement and extent
2	Definition
3	Subordination of Courts
4	Saving Clause
5	Application of the Code to Revenue Courts
6	Pecuniary Jurisdiction
7	Provincial Small Cause Courts
8	Presidency Small Cause Courts

Section	Description
9	Courts to try all civil suits unless barred
10	Stay of SUit
11	Res-Judicata
12	Bar to further suit
13	When foreign suit not conclusive
14	Presumption as to foreign judgements

Section	Description
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.

Section	Description
26	Insititution of Suit
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.

Section	Description
35	Costs
35A	Compensatory costs in respect of false or vexatious claims or defenses.
35B	Costs for causing delay.

Civil Procedure Code, 1908

Imperial Legislative Council (India)
Long title An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature
Citation	Act No. 05 of 1908
Enacted by	Imperial Legislative Council (India)
Enacted	21 March 1908
Commenced	1 January 1909
Repeals
Civil Procedure Code, 1882

Section	Description
36	Application to orders.
37	Definition of Court which passed a decree.

Section	Description
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.

Section	Description
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.

Section	Description
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.

Section	Description
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.

Section	Description
65	Purchaser's Title
66	Repealed
67	Power for State Government to make rules as to sales of land in execution of decrees for payment of money.

Section	Description
75	Power of Court to issue commissions.
76	Commission to another Court.
77	Letter of request.
78	Commissions issued by foreign Courts.

Section	Description
79	Suits by or against Government.
80	Notice.
81	Exemption from arrest and personal appearance.
82	Execution of decree.

Section	Description
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”.

Section	Description
91	Public nuisances and other wrongful acts affecting the public.
92	Public charities.
93	Exercise of powers of Advocate-General outside presidency-towns.

Section	Description
94	Supplemental proceedings.
95	Compensation for obtaining arrest, attachment or injunction on insufficient ground.

Section	Description
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.

Section	Description
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.

Section	Description
104	Orders from which appeal lies.
105	Other Orders.
106	What Courts to hear appeals.

Section	Description
107	Powers of Appellate Court.
108	Procedure in appeals from appellate decrees and orders.

Section	Description
109	When appeals lie to the Supreme Court
110	Omitted
111	Omitted
111A	Omitted
112	Savings.

Section	Description
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	Unauthorised persons not to address Court.
120	Provisions not applicable to High Court in original civil jurisdiction.

Section	Description
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	Power of other High Courts to make rules as to matters other than procedure
131	Publication of rules.

Section	Description
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	Repealed.
155	Repealed.
156	Repealed.
157	Continuance of orders under repealed enactments.
158	Reference to Code of Civil Procedure and other repealed enactments.

Rule	Description
1	Who may be joined as plaintiffs.
2	Power of Court to order separate trial.
3	Who may be joined as defendants.
3A	Power to order separate trials where joinder of defendants may embarrass or delay trial.
4	Court may give judgment for or against one or more of joint parties.
5	Defendant need not be interested in all the relief claimed.
6	Joinder of parties liable on same contract.
7	When plaintiff in doubt from whom redress is to be sought.
8	One person may sue or defend on behalf of all in same interest.
8A	Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
9	Misjoinder and non-joinder.
10	Suit in name of wrong plaintiff. Court may strike out or add parties. Where defendant added, plaint to be amended.
10A	Power of Court to request any pleader to address it.
11	Conduct of suit.
12	Appearance of one of several plaintiffs or defendants for others.
13	Objections as to non-joinder or misjoinder.

Rule	Description
1	Frame of suit.
2	Suit to include the whole claim. Relinquishment of part of claim. Omission to sue for one of several reliefs.
3	Joinder of causes of action.
4	Only certain claims to be joined for recovery of immovable property.
5	Claims by or against executor, administrator or heir.
6	Power of Court to order separate trials.
7	Objections as to misjoinder.

Rule	Description
1	Appearances, etc., may be in person, by recognised agent or by pleader.
2	Recognised agents.
3	Service of process on recognised agent.
4	Appointment of pleader.
5	Service of process on pleader.
6	Agent to accept service. Appointment to be in writing and to be filed in Court.

Rule	Description
1	Summons.
2	Copy of plaint annexed to summons.
3	Court may order defendant or plaintiff to appear in person.
4	No party to be ordered to appear in person unless resident within certain limits.
5	Summons to be either to settle issues or for final disposal.
6	Fixing day for appearance of defendant.
7	Summons to order defendant to produce documents relied on by him.
8	On issue of summons for final disposal, defendant to be directed to produce his witnesses.

Code_of_Civil_Procedure_(India)

History

Amendments

Civil Procedure Code (Amendment) Act 2015

Arrangement of Sections

Preliminary (Section 1 to 8)

Part 1- Suits in General

Jurisdiction of the Courts and Res-Judicata (Section 9 to 14)

Place of Suing (Section 15 to 25)

Institution of Suit (Section 26 to 33)

Judgement and Decree

Interest

Costs (Section 35, 35A and 35B)

Part 2- Execution

General (Section 36 and 37)

Courts by which decrees may be executed (Section 38 to 46)

Questions to be determined by the Court executing decree.

Limit of time for execution

Transferees and Legal Representatives

Procedure in Execution (Section 51 to 54)

Arrest and Detention (Section 55 to 59)

Attachment (Section 60 to 64)

Sale (Section 65, 66 and 67)

Delegation to Collector of Power to execute decrees against immovable property.

Distribution of Assets

Resistance to Execution

Part 3- Incidental Proceedings

Commissions (Section 75 to 78)

Part 4- Suits in Particular Cases

Suits by or Against the Government or Public Officers in their Official Capacity

Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys

Suits against Rulers of Former Indian States

Interpleader

Part 5- Special Proceedings

Arbitration

Special Case

Public Nuisances and other Wrongful Acts affecting the public

Part 6- Supplemental Proceedings

Part 7- Appeals

Appeals from Original Decrees

Appeals from Appellate Decrees

Appeals from Orders

General Provisions relating to Appeals

Appeals to the Supreme Court

Part 8- Reference, review and revision

Part 9- Special Provisions relating to the High Courts not being the Court of Judicial Commissioner

Part 10- Rules

Part 11- Miscellaneous

Arrangement of Schedules

Order 1- Parties to Suits[4]

Order 2- Frame of Suit[4]

Order 3- Recognized Agents and Pleaders[4]

Order 4- Institution of suits[5]

Order 5- Issue and Service of Summons[5]

Issue of summons

Service of Summons

Order 6- Pleadings Generally

Order 7- Plaint and Documents replied on in Plaint.

Order 8- Written statement, set-off and counter-claim

Order 9- Appearance of Parties and Consequence of non-Appearance | Setting aside Decree ex-parte.

Order 10- Examination of Parties by the Court[6]

Order 11- Discovery and Inspection[6]

Order 12- Admissions[7]

Order 13- Production, Impounding and Return of Documents[7]

Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon.[7]

Order 15- Disposal of the Suit at the First Hearing[8]

Order 16- Summoning and Attendance of Witnesses[8]

Order 15-A- Attendance of Witnesses Confined or Demand in Prisons[9]

Order 16- Adjournment[9]

Order 17- Hearing of the Suit and Examination of Witnesses[9]

Order 18- Hearing of the Suit and Examination of Witnesses[9]

Order 19- Affidavits[9]

Order 20- Judgement and Decree[10]

Order 20A- Costs[10]

Order 21- Execution of Decrees and Orders[10]

Payment under Decree

Application for Execution

Process for execution

Stay of execution

Mode of execution

Order 1- Parties to Suits^[4]

Order 2- Frame of Suit^[4]

Order 3- Recognized Agents and Pleaders^[4]

Order 4- Institution of suits^[5]

Order 5- Issue and Service of Summons^[5]

Order 10- Examination of Parties by the Court^[6]

Order 11- Discovery and Inspection^[6]

Order 12- Admissions^[7]

Order 13- Production, Impounding and Return of Documents^[7]

Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon.^[7]

Order 15- Disposal of the Suit at the First Hearing^[8]

Order 16- Summoning and Attendance of Witnesses^[8]

Order 15-A- Attendance of Witnesses Confined or Demand in Prisons^[9]

Order 16- Adjournment^[9]

Order 17- Hearing of the Suit and Examination of Witnesses^[9]

Order 18- Hearing of the Suit and Examination of Witnesses^[9]

Order 19- Affidavits^[9]

Order 20- Judgement and Decree^[10]

Order 20A- Costs^[10]

Order 21- Execution of Decrees and Orders^[10]

Rule	Description
9	Delivery of summons by Court.
9A	Summons given to the plaintiff for service.
10	Mode of service.
11	Service on several defendants.
12	Service to be on defendant in person when practicable, or on his agent.
13	Service on agent by whom defendant carries on business.
14	Service on agent in charge in suits for immovable property.
15	Where service may be on an adult member of defendant’s family.
16	Person served to sign acknowledgement.
17	Procedure when defendant refuses to accept service, or cannot be found.
18	Endorsement of time and manner of service.
19	Examination of serving officer.
19A	[Omitted.].
20	Substituted service. Effect of substituted service. Where service substituted, time for appearance to be fixed.
20A	[Repealed.].
21	Service of summons where defendant resides within jurisdiction of another Court.
22	Service within presidency-towns of summons issued by Courts outside.
23	Duty of Court to which summons is sent.
24	Service on defendant in prison.
25	Service where defendant resides out of India and has no agent.
26	Service in foreign territory through Political Agent or Court.
26A	Summonses to be sent to officers to foreign countries.
27	Service on civil public officer or on servant of railway company or local authority.
28	Service on soldiers, sailors or airmen.
29	Duty of person to whom summons is delivered or sent for service.
30	Substitution of letter for summons.

Rule	Description
1	Pleading.
2	Pleading to state material facts and not evidence.
3	Forms of pleading.
4	Particulars to be given where necessary.
5	[Omitted.].
6	Condition precedent.
7	Departure.
8	Denial of Contract.
9	Effect of document to be stated.
10	Malice, knowledge, etc.
11	Notice.
12	Implied Contract or relation.
13	Presumptions of law.
14	Pleading to be signed
14A	Address for service of notice.
15	Verification of pleadings.
16	Striking out pleadings.
17	Amendment of pleadings.
18	Failure to amend after order.

Rule	Description
1	Particulars to be contained in plaint.
2	In money suits.
3	Where the subject-matter of the suit is immovable property.
4	When plaintiff sues as representative.
5	Defendant’s interest and liability to be shown.
6	Grounds of exemption from limitation law.
7	Relief to be specifically stated.
8	Relief founded on separate grounds.
9	Procedure on admitting plaint.
10	Return of plaint. Procedure on returning plaint.
10A	Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
10B	Power of appellate Court to transfer suit to the proper Court.
11	Rejection of plaint.
12	Procedure on rejecting plaint.
13	Where rejection of plaint does not preclude presentation of fresh plaint.
14	Production of document on which plaintiff sues or relies.
15	[Omitted.].
16	Suits on lost negotiable instruments.
17	Production of shop-book. Original entry to be marked and returned.
18	[Omitted.].

Rule	Description
1	Written statement.
1A	Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
2	New facts must be specially pleaded.
3	Denial to be specific.
4	Evasive denial.
5	Specific denial.
6	Particulars of set-off to be given in written statement. Effect of set-off.
6A	Counter-claim by defendant.
6B	Counter-claim to be stated.
6C	Exclusion of counter-claim.
6D	Effect of discontinuance of suit.
6E	Default of plaintiff to reply to counter-claim.
6F	Relief to defendant where counter-claim succeeds.
6G	Rules relating to written statement to apply.
7	Defence or set-off founded upon separate grounds.
8	Relief founded on separate grounds.
8A	[Omitted.].
9	Subsequent pleadings.
10	Procedure when party fails to present written statement called for by Court.

Rule	Description
1	Parties to appear on day fixed in summons for defendant to appear and answer.
2	Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
3	Where neither party appears suit to be dismissed.
4	Plaintiff may bring fresh suit or Court may restore suit to file.
5	Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons.
6	Procedure when only plaintiff appears. When summons duly served. When summons not duly served. When summons served but not in due time.
7	Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.
8	Procedure where defendant only appears.
9	Decree against plaintiff by default bars fresh suit.
10	Procedure in case of non-attendance of one or more of several plaintiffs.
11	Procedure in case of non-attendance of one or more of several defendants.
12	Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.
13	Setting aside decree ex parte against defendant.
14	No decree to be set aside without notice to opposite party.

Rule	Description
1	Ascertainment whether allegations in pleadings are admitted or denied.
1A	Direction of the court to opt for any one mode of alternative dispute resolution.
1B	Appearance before the conciliatory forum or authority.
1C	Appearance before the court consequent to the failure of efforts of conciliation.
2	Oral examination of party, or companion of party.
3	Substance of examination to be written.
4	Consequence of refusal or inability of pleader to answer.

Rule	Description
1	Discovery by interrogatories.
2	Particular interrogatories to be submitted.
3	Costs of interrogatories.
4	Form of interrogatories.
5	Corporations.
6	Objections to interrogatories by answer.
7	Setting aside and striking out interrogatories.
8	Affidavit in answer, filing.
9	Form of affidavit in answer.
10	No exception to be taken.
11	Order to answer or answer further.
12	Application for discovery of documents.
13	Affidavit of documents.
14	Production of documents.
15	Inspection of documents referred to in pleading or affidavits.
16	Notice to produce.
17	Time for inspection when notice given.
18	Order for inspection.
19	Verified copies.
20	Premature discovery.
21	Non-compliance with order for discovery.
22	Using answers to interrogatories at trial.
23	Order to apply to minors.

Rule	Description
1	Notice of admission of case.
2	Notice to admit documents.
2A	Document to be deemed to be admitted if not denied after service of notice to admit documents.
3	Form of notice.
3A	Power of Court to record admission.
4	Notice to admit acts.
5	Form of admissions.
6	Judgment on admissions.
7	Affidavit of signature.
8	Notice to produce documents.
9	Costs.

Rule	Description
1	Original documents to be produced at or before the settlement of issues.
2	[Omitted.].
3	Rejection of irrelevant or inadmissible documents.
4	Endorsements on documents admitted in evidence.
5	Endorsements on copies of admitted entries in books, accounts and records.
6	Endorsements on documents rejected an inadmissible in evidence.
7	Recording of admitted and return of rejected documents.
8	Court may order any document to be impounded.
9	Return of admitted documents.
10	Court may sent for papers from its own records or from other Courts.
11	Provisions as to documents applied to material objects.

Rule	Description
1	Framing of issues.
2	Court to pronounce judgment on all issues.
3	Materials from which issues may be framed.
4	Court may examine witnesses or documents before framing issues.
5	Power to amend and strike out, issues.
6	Questions of fact or law may by agreement be stated in form of issues.
7	Court, if satisfied that agreement was executed in good faith, may pronounce judgment.