Code of Civil Procedure, 1908

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The Code of Civil Procedure, 1908 is a Procedural Law related to administration of Indian civil procedure.

Contents

Composition

The CPC is composed of two parts

  • First part: Dividend into 158 Sections. Can be amended by the legislature only.
  • Second Part: Divided into 51 Orders and Rules. Can be amended by High Courts.

The Orders and Rules are to be read along with the Sections. When there is ambiguity in interpretation between the two, the version of the Sections prevails.

History

The Code of Civil Procedure was first formulated in 1859 and was later updated in 1877, 1859, 1882 and to its present form that was made in 1908.

Civil Appeals

  • Constitutional provision for civil appeals
  • According to Article 133 of Constitution of India, an appeal shall lie to the Supreme Court from any judgement, decree or final order in a civil proceedings of a High Court in the territory of India, subject to the High Court certifying under Article 134A that the case involves a substantial question of law of general importance and that in its opinionm the said question needs to be decided by the Supreme Court.

Sections from the Code

  • Section 1: Short title, commencement and extent
  • Section 2 gives various definitions
  • Section 3 deals with Subordination of Courts
  • Section 4: Savings section
  • Section 5: Application of the Code of Revenue Courts
  • Section 6 deals with pecuniary jurisdiction
  • Section 7: Provincial Small Cause Courts
  • Section 9 says Courts to try all civil suits unless barred
  • Section 10 deals with Res Sub Judice: Stay of Suit
  • Section 11: Res Judicata
  • Section 12: Bar to further suit
  • Section 13: When foreign judgement is not conclusive
  • Section 14: Presumption as to foreign judgement
  • Section 15 specifies court in which suits to be instituted
  • Section 16 specifies suites to be instituted where subject-matter situate
  • Section 17 deals with suits for immoveable property situate within jurisdiction of different courts
  • Section 18 deals with place of institution where local limits of jurisdiction of courts are uncertain
  • Section 19 deals with suits for compensation for wrongs to person or movables
  • Section 20 deals with other suits to be instituted where defendants reside or cause of action arises
  • Section 21 deals with objections to jurisdiction
  • Section 22 deals with power to transfer suits which may be institute in more than one court
  • Section 23 deals about to what court application lies
  • Section 24 deals with general power of transfer and withdrawal
  • Section 25 deals with power of Supreme Court to transfer suits etc.
  • Section 26 deals with institution of suits
  • Section 27: Summons to defendants to appear and answer the claim
  • Section 28: Service of summons where defendant resides in another state
  • Section 29: Service of foreign summonses
  • Section 30: Power to order discovery and the like
  • Section 31: Summons to witness
  • Section 32: Penalty for default
  • Section 33: Judgement and Decree
  • Section 34: Interest
  • Section 35: General Costs

Part II: Execution

  • Section 36: Application to orders
  • Section 37: Definition of court which passed a decree
  • Section 38: Courts by which decree may be executed
  • Section 39: Transfer of decree
  • Section 40: Transfer of decree to court in another state
  • Section 41: Result of execution proceedings to be certified
  • Section 42: Powers of court in executing transferred decree
  • Section 43: Execution of decrees passed by civil courts in places to which the code does not extend
  • Section 44: Execution of decrees passed by revenue court in places to which this code does not extend
  • Section 49: Transferee
  • Section 50: Legal Representative
  • Section 51: Powers of court to enforce execution
  • Section 52: Enforcement of decree against legal representative
  • Section 53: Liability of ancestral property
  • Section 54: Partition of estate or separation of share
  • Section 55: Arrest and detention
  • Section 56: Prohibition of arrest or detention of women in execution of decree for money
  • Section 57: Subsistence allowance
  • Section 58: Detention and release
  • Section 59: Release on ground of illness
  • Section 60: Property liable to attachment and sale in execution of decree
  • Section 61: Partial exemption of agricultural produce
  • Section 62: Seizure of property in dwelling house
  • Section 63: Property attached in execution of decrees of several Courts
  • Section 64: Private alienation of property after attachment to be void
  • Section 65: Purchasers title
  • Section 66: Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
  • Section 67: Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  • Section 68: Power to prescribe rules for transferring to Collector execution of certain decrees
  • Section 69: Provisions of Third Schedule to apply
  • Section 70: Rules of procedure
  • Section 71: Collector deemed to be acting judicially
  • Section 72: Where Court may authorize Collector to stay public sale of land
  • Section 73: Proceeds of execution-sale to be rateably distributed among decree-holders
  • Section 74: Resistance to execution

Part III: Incidental Proceedings

  • Section 75: Power of court to issue commissions
  • Section 76: Commission to another court
  • Section 77: Letter of request
  • Section 83: When aliens may sue
  • Section 84: When foreign State may sue
  • Section 85: Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  • Section 86: Suits against foreign Rulers, Ambassadors and Envoys
  • Section 87: Style of foreign Rulers as parties to suits
  • Section 87A: Definitions of "foreign State" and "Ruler"
  • Section 87B: Applications of sections 85 and 86 to Rulers of former Indian States
  • Section 88: Where interpleader suit may be reinstituted
  • Section 89: [Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 and Sch. III
  • Section 90: Power to state case for opinion of Court
  • Section 95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Part VII Appeals

Appeals from original decrees

  • Section 96: Appeal from original decree
  • Section 97: Appeal from final decree where no appeal from preliminary decree
  • Section 98: Decision where appeal heard by two or more Judges
  • Section 99: No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  • Section 100: Second appeal
  • Section 100A: No further appeal in certain cases
  • Section 101: Second appeal on no other grounds
  • Section 102: No second appeal in certain suits
  • Section 103: Power of High Court to determine issues of fact

Appeals from orders

  • Section 104: Orders from which appeal lies
  • Section 105: Other orders
  • Section 106: What Courts to hear appeals

General provisions relating to appeals

Part VII: Reference, Review and Revision

Part IX

  • Section 116: Inquiry as to truth of information
  • Section 117: Order to give security
  • Section 118: Discharge of person informed against
  • Section 119: Commencement of period for which security is required
  • Section 120: Provisions not applicable to High Court in original civil jurisdiction

Part X: Rules

  • Section 121: Effect of rules in First Schedule
  • Section 122: Power of certain High Courts to make rules
  • Section 123: Constitution of Rule Committees in certain States
  • Section 124: Committee to report to High Court
  • Section 125: Power of other High Courts to make rules
  • Section 126: Rules to be subject to approval
  • Section 127: Publication of rules
  • Section 128: Matters for which rules may provide
  • Section 129: Power of High Courts to make rules as to their original civil procedure
  • Section 130: Powers of other High Court to make rules as to matters other than procedure
  • Section 131: Publication of rules

Part XI: Miscellaneous

  • Section 132: Exemption of certain women from personal appearance
  • Section 133: Exemption of other persons
  • Section 134: Arrest other than in execution of decree
  • Section 135: Exemption from arrest under civil process
  • Section 135A: Exemption of members of legislative bodies from arrest and detention under civil process
  • Section 136: Procedure where person to be arrested or property to be attached is outside district
  • Section 137: Language of subordinate Courts
  • Section 138: Power of High Court to require evidence to be recorded in English
  • Section 139: Oath on affidavit by whom to be administered
  • Section 140: Assessors in causes of salvage etc.
  • Section 141: Miscellaneous proceedings
  • Section 142: Orders and notices to be in writing
  • Section 143: Postage
  • Section 144: Application for restitution
  • Section 145: Enforcement of liability of surety
  • Section 146: Proceedings by or against representatives
  • Section 147: Consent or agreement by persons under disability
  • Section 148: Enlargement of time
  • Section 148A: Right to lodge a caveat
  • Section 149: Power to make up deficiency of court-fees
  • Section 150: Transfer of business
  • Section 151: Saving of inherent powers of Court
  • Section 152: Amendment of judgments, decrees or orders
  • Section 153: General power to amend
  • Section 153A: Power to amend decree or order where appeal is summarily dismissed
  • Section 153B: Place of trial to be deemed to be open Court
  • Section 154: Saving of present right of appeal
  • Section 155: Amendment of certain Acts
  • Section 156: Repeals
  • Section 157: Continuance of orders under repealed enactments
  • Section 158: Reference to Code of Civil Procedure and other repealed enactments

Chapter XXIX: Appeals

  • Section 372: No appeal to lie, unless otherwise provided
  • Section 373: Appeal from orders requiring security or refusal to accept orrejecting surety for keeping peace or good behaviour
  • Section 374: Appeals from convictions
  • Section 375: No Appeal in certain cases when accused pleads guilty

Order I

Order II

  • Rule 1 Order II: Frame of suit
  • Rule 2 Order II: Suit to include the whole claim
  • Rule 3 Order II: Joinder of causes of action
  • Rule 4 Order II: Only certain claims to be joined for recovery of immovable property
  • Rule 5 Order II: Claims by or against executor, administrator or heir
  • Rule 6 Order II: Power of Court to separate trials
  • Rule 7 Order II: Objections as to misjoinder

Order III

Order VI

Order VII

Order XXI: Execution of Decrees and Orders

  • Rule 1 Order XXI: Modes of paying money under decree
  • Rule 26 Order XXI: When Court may stay execution
  • Rule 29 Order XXI: Stay of execution pending suit between decree-holder and judgment-debtor
  • Rule 66 Order XXI: Proclamation of sales by public auction
  • Rule 84 Order XXI: Deposit of amount on auction sale
  • Rule 89 Order XXI
  • Rule 66 Order XXI: Resistance or objection to execution

Order XXII

Order XLI Appeals

  • Rule 1 Order XLI of Code of Civil Procedure, 1908:Rule 1 Order XLI: Manner of disposal
  • Rule 31 Order XLI of Code of Civil Procedure, 1908:Rule 31 Order XLI

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