THE CODE OF CIVIL PROCEDURE, 1908
[21st March, 1908]
1. Short title, commencement and extent
3. Subordination of Courts
5. Application of the Code of Revenue Courts
6. Pecuniary jurisdiction
7. Provincial Small Cause Courts
8. Presidency Small Cause Courts
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. 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 movable
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 summonses
30. Power to order discovery and the like
31. Summons to witness
32. Penalty for default
Judgment and decree
33. Judgment and decree
35A. Compensatory costs in respect of false or vexatious claims or defenses
35B. Costs for causing delay
36. Application to orders
37. Definition of Court which passed a decree
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 Court 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
Question to be determined by Court executing decree
47. Questions to be determined by the Court executing decree
Limit of time for execution
Transferees and legal representatives
50. Legal representative
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
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
66. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money
Distribution of assests
73. Proceeds of execution-sale to be reateably distributed among decree-holders
Resistance to execution
74. Resistance to execution
75. Power of court to issue commissions
76. Commission to another Court
77. Letter of request
78. Commissions issued by foreign Courts
SUITS IN PARTICULAR CASES
Suit by or against the Government or public officers in their official capacity
79. Suits by or against Government
81. Exemption from arrest and personal appearance
82. Execution of decree
Suit by Alliens and by or against Foreign Rulers, ambassadors and Envoys
83. When aliens may sue
84. When foreign State 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 Indian States
87B. Applications of sections 85 and 86 to Rulers of former Indian States.
88. Where interpleader suit may be reinstituted
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
94. Supplemental Proceedings
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds
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 refused or modified unless decision of the case is prejudicially affected
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 suits
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. Value of subject matters Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973).
REFERENCE, REVIEW AND REVISION
113. Reference to High Court
SPECIAL PROVISION 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 Court.
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
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 Court to make rules as to their original Civil Procedure
130. Powers of other High Court to make rules as to matters other than procedure
131. Publication of rules
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
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
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
THE FIRST SCHEDULE
PARTIES OF SUITS
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 nonjoinder
10. Suit in name of wrong plaintiff
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 nonjoinder or misjoinder
FRAME OF SUIT
1. Frame of suit
2. Suit to include the whole claim
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 separate trials
7. Objections as to misjoinder
RECOGNIZED AGENTS AND PLEADERS
1. Appearances, etc., may be in person, by recognized agent or by pleader
2. Recognized agent
3. Service of process on recognized agent
4. Appointment of pleader
5. Service of process on pleader
6. Agent to accept service
INSTITUTION OF SUITS
1. Suit to be commenced by plaint
2. Register of suits
CONSOLIDATION OF CASES
1. Consolidation of suits and proceedings
ISSUE AND SERVICE OF SUMMONS
ISSUE OF SUMMONS
2. Copy or statement 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 with 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
Service of Summons
9. Delivery or transmission of summons for service
10. Mode of service
11. Service on several defendants
12. Service to be on defendant on 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. Simultaneous issue of summons for service by post in addition to personal service
20. Substituted service
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 officer to foreign countries
27. Service on civil public or on servant of railway 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
2. Pleading to state material facts and not evidence
3. Forms of pleading
4. Particulars to be given where necessary
5. Further and better statement, or particulars
6. Condition precedent
8. Denial of contract
9. Effect of document to be stated.
10. Malice, knowledge, etc.,
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
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 ground
9. Procedure on admitting plaint
10. Return of 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
15. Statement in case of documents not in plaintiff's possession or power
16. Suits on lost negotiable instruments
17. Production of shop-book
18. Inadmissibility of document not produced when plaint filed
WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM
1. Written statement
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
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 founder upon separate grounds
8. New ground of defence
8A. Duty of defendant to produce documents upon which relief is claimed by him
9. Subsequent pleadings
10. Procedure when party fails to present written statement called for by Court
APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
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 plaintiffs failure to pay cost
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 one month to apply for fresh summons
6. Procedure when only plaintiff appears
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 BIex parte against defendant
14. No decree to be set aside without notice to opposite party
EXAMINATION OF PARTIES BY THE COURT
1. Ascertainment whether allegations in pleadings are admitted or denied
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
DISCOVERY AND INSPECTION
1. Discovery by interrogatories
2. Particular interrogatories to be submitted
3. Costs of interrogatories
4. Form of interrogatories.
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 pleadings 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
1. Notice of admission of case
2. Notice to admit documents
2A. Document to be deemed to be admitted if not divided 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
PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
1. Documentary evidence to be produced at or before the settlement of issues
2. Effect of non-production of documents
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 as inadmissible in evidence
7. recording of admitted and return or rejected documents
8. Court may order any document to be impounded
9. Return of admitted documents
10. Court may send for papers from its own records or from other Courts
11. Provisions as to documents applied to material objects
SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
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
DISPOSAL OF THE SUIT AT THE FIRST HEARING
1. Parties not at issue
2. One of several defendants not at issue
3. Parties at issue
4. Failure to produce evidence
SUMMONING AND ATTENDANCE OF WITNESSES
1. List of witnesses and summons to witnesses
1A. Production of witnesses without summons
2. Expenses of witnesses to be paid into Court on applying for summons
3. Tender of expenses to witness
4. Procedure where insufficient sum paid in
5. Time, place and purpose of attendance to be specified in summons
6. Summons to produce document
7. Power to require persons present in Court to give evidence or produce document
7A. Summons given to party for service
8. Summons how served
9. Time for serving summons
10. Procedure whose witness fails to comply with summons
11. If witness appears attachment may be withdrawn
12. Procedure if witness fails to appear
13. Mode of attachment
14. Court may of its own accord summon as witnesses strangers to suit.
15. Duty of persons summoned give evidence or produce document
16. When they may depart
17. Application of rules 10 to 13
18. Procedure where witness apprehended cannot give evidence or produce document
19. No witness to be ordered to attend in person unless resident within certain limits
20. Consequence of refusal of party to give evidence when called on by Court
21. Rules as to witnesses to apply to parties summoned
ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS
2. Power to require attendance of prisoners to give evidence
3. Expenses to be paid into Court
4. Power of State Government to exclude certain persons from the operation of rule 2
5. Officer in charge of prison to abstain from carrying out order in certain cases
6. Prisoner to be brought to Court in custody
7. Power to issue commission for examination of witness in prison
1. Court may grant time and adjourn hearing
2 . Procedure if parties fail to appear on day fixed,
3 . Court may proceed notwithstanding either party fails to produce evidence, etc.
HEARING OF THE SUIT AND EXAMINATION OR WITNESSES
1 . Right to begin
2 . Statement and production of evidence
3 . Evidence where several issues
3A . Party to appear before other witnesses
4 . Witnesses to be examined in open Court
5 . How evidence shall be taken in appealable cases
6 . When deposition to be interpreted
7 . Evidence under Section 138.
8 . Memorandum when evidence not taken down by Judge
9 . When evidence may be taken in English
10 . Any particular question and answer may be taken down
11 . Questions objected to and allowed by Court
12 . Remarks on demeanour of witnesses
13 . Memorandum of evidence in unappealable cases
14 . Judge unable to make such memorandum to record reasons of his liability.
15 . Power to deal with evidence taken before another Judge
16 . Power to examine witness immediately
17 . Court may recall and examine witness
17A . Production of evidence not previously known or which could not be produced despite due diligence
18 . Power of Court to inspect
1 . Power to order any point to be proved by affidavit
2 . Power to order attendance of deponent for cross- examination
3 . Matters to which affidavits shall be confined
JUDGMENT AND DECREE
1 . Judgment when pronounced
2 . Power to pronounce judgment written by judge's predecessor
3 . Judgment to be signed
4 . Judgments of Small Cause Courts
5 . Court to state its decision on each issue
5A . Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
6 . Contents of decree
6A . Last paragraph of judgment to indicate in precise terms the reliefs granted
6B . Copies of typewritten judgments when to be made available
7 . Date of decree
8 . Procedure where Judge has vacated office before signing decree
9 . Decree for recovery of immovable property
10 . Decree for delivery of movable property
11 . Decree may direct payment by instalments
12 . Decree for possession and BImesne profits
12A . Decree for specific performance of contract for the sale or lease of immovable property
13 . Decree in administration suit
14 . Decree in pre-emption suit
15 . Decree in suit for dissolution of partnership
16 . Decree in suit for account between principal and agent
17 . Special directions as to accounts
18 . Decree in suit for partition of property or separate possession of a share therein
19 . Decree when set-off or counter-claims is allowed
20 . Certified copies of judgment and decree to be furnished
1 . Provisions relating to certain items
2 . Costs to be awarded in accordance with the rules made by High Court
EXECUTION OF DECREES AND ORDERS
Payment under decree
1 . Modes of paying money under decree
2 . Payment out of Court to decree-holder
Court execution decrees
3 . Lands situate in more than one jurisdiction
4 . Transfer to Court of Small Causes
5 . Mode of transfer
6 . Procedure where Court desires that its own decree shall be executed by another Court
7 . Court receiving copies of decree, etc. to file same without proof
8 . Execution of decree or order by Court to which it is sent
9 . Execution of High Court of decree transferred by other Court
Application for execution
10 . Application for execution
11 . Oral application
11A . Application for arrest to state grounds
12 . Application for attachment of movable property not in judgment-debtor's possession
13 . Application for attachment of immovable property to contain certain particulars
14 . Power to require certified extract from Collector's register in certain cases
15 . Application for execution by joint decree-holders
16 . Application for execution by transferee of decree
17 . Procedure on receiving application for execution of decree
18 . Execution in case of cross-decrees
19 . Execution in case of cross-claims under same decree
20 . Cross-decrees and cross-claims in mortgage-suits
21 . Simultaneous execution
22 . Notice to show cause against execution in certain cases
22A . Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.
23 . Procedure after issue of notice
24 . Process for execution
25 . Endorsement on process
26 . When Court may stay execution
27 . Liability of judgment-debtor discharged
28 . Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
29 . Stay of execution pending suit between decree-holder and judgment-debtor
Mode of execution
30 . Decree for payment of money
31 . Decree for specific movable property
32 . Decree for specific performance for restitution of conjugal rights, or for an injunction
33 . Discretion of Court in executing decrees for restitution of conjugl rights
34 . Decree for executin of document, or endoresment of negotiable instrument
35 . Decree for immovable property
36 . Decree for delivery of immovable property when in occupancy of tenant
Arrest and detention in the civil prison
37 . Discretionary power to permit judgment debtor to show cause against detention in prison
38 . Warrant for arrest to direct judgment-debtor to be brought up
39 . Subsistence allowance
40 . Proceedings on appearance of judement-debtor in obedience to notice or after arrest
Attachment of property
41 . Examination of judgment-debtor as to his property
42 . Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
43 . Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
43A . Custody of movable property
44 . Attachment of agricultural produce
45 . Provisions as to agricultural produce under attachment
46. Attachement of debt, share and other property not in possession of Judgment-debtor.
46A . Notice to garnishee
46B . Order against garnishee
46C . Trial of disputed questions
46D . Procedure where debt belongs to third person
46E . Order as regards third person
46F . Payment by garnishee to be valid discharge
46G . Costs
46H . Appeals
46I . Application to negotiable instruments
47 . Attachment of share in movables
48 . Attachment of salary or allowances of servant of the Government or railway company or local authority
48A . Attachment of salary or allowances of private employees
49 . Attachment of partnership property
50 . Execution of decree against firm
51 . Attachment of negotiable instruments
52 . Attachment of property in custody of Court or public officer
53 . Attachment of decrees
54 . Attachment of immovable property
55 . Removal of attachment after satisfaction of decree
56 . Order for payment of coin or currency notes to party entitled under decree
57 . Determination of attachment
58 . Adjudication of claims to, or objections to attachment of, property
59 . Stay of sale
60 to 63. Omitted.
64 . Power to order property attached to be sold and proceeds to be paid to person entitled
65 . Sales by whom conducted and how made
66 . Proclamation of sales by public auction
67 . Mode of making proclamation
68 . Time of sale
69 . Adjournment or stoppage of sale
70 . [Repealed].
71 . Defaulting purchaser answerable for loss on re-sale
72 . Decree holder not to bid for or buy property without permission
72A . Mortgagee not to bid at sale without the leave of the Court
73 . Restriction on bidding or purchase by officers
Sale of movable property
74 . Sale of agricultural produce
75 . Special provisions relating to growing crops
76 . Negotiable instruments and shares in corporations
77 . Sale by public auction
78 . Irregularity not to vitiate sale, but any person injured may sue
79 . Delivery of movable property, debts and shares
80 . Transfer of negotiable instruments and shares
81 . Vesting order in case of other property
Sale of immovable property
82 . What Courts may order sales
83 . Postponement of sale to enable judgment-debtor to raise amount of decree
84 . Deposit by purchaser and re-sale on default
85 . Time for payment in full of purchase-money
86 . Procedure in default of payment
87 . Notification on re-sale
88 . Bid of co-sharer to have preference
89 . Application to set aside sale on deposit
90 . Application to set aside sale on ground of irregularity or fraud
91 . Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
92 . Sale when to become absolute or be set aside
93 . Return of purchase-money in certain cases
94 . Certificate to purchaser
95 . Delivery of property in occupancy of judgment- debtor
96 . Delivery of property in occupancy of tenant
97 . Resistance or obstruction to possession of immovable property
98 . Orders after adjudication
99 . Dispossession by decree-holder or purchaser
100 . Order to be passed upon application complaining of dispossession
101 . Question to be determined
102 . Rules not applicable to transferee BIpendent lite
103 . Orders to be treated as decrees
104 . Order under rule 101 or rule 103 to be subject to the result or pending suit
105 . Hearing of application
106 . Setting aside order passed BIex parte, etc.
DEATH, MARRIAGE AND INSOLVENCY OR PARTIES
1 . No abatement by party's death if right to sue survives
2 . Procedure where one of several plaintiffs or defendants dies and right to sue survives
3 . Procedure in case of death of one of several plaintiffs or of sole plaintiff
4 . Procedure in case of death of one of several defendants or of sole defendant
4A . Procedure where there is no legal representative
5 . Determination of question as to legal representative
6 . No abatement by reason of death after hearing
7 . Suit not abated by marriage of female party
8 . When plaintiffs insolvency bars suit
9 . Effect of abatement or dismissal
10 . Procedure in case of assignment before final order in suit
10A . Duty or pleader to communicate to Court death of a party
11 . Application of Order to appeals
12 . Application of Order to proceedings
WITHDRAWAL AND ADJUSTMENT OF SUITS
1 . Withdrawal of suit or abandonment of part of claim
1A . When transposition of defendants as plaintiffs may be permitted
2 . Limitation law not affected by first suit
3 . Compromise of suit
3A . Bar to suit
3B . No agreement or compromise to be entered in a representative suit without leave of Court
4 . Proceeding in execution of decrees not affected
PAYMENT INTO COURT
1 . Deposit by defendant of amount in satisfaction of claim
2 . Notice of deposit
3 . Interest on deposit not allowed to plaintiff after notice
4 . Procedure where plaintiff accepts deposit as satisfaction in part
SECURITY FOR COSTS
1 . When security for costs may be required from plaintiff
2 . Effect of failure to furnish security
1 . Cases in which Court may issue commission to examine witness
2 . Order for commission
3 . Where witness resides within Court's jurisdiction
4 . Persons for whose examination commission may issue
5 . Commission or request to examine witness not within India
6 . Court to examine witness pursuant to Commission
7 . Return of commission with depositions of witnesses
8 . When depositions may be read in evidence
Commissions for local investigations
9 . Commissions to make local investigations
10 . Procedure of Commissioner
10A . Commission for scientific investigation
10B . Commission for performance of a ministerial act
10C . Commission for the sale of movable property
Commissions to examine accounts
11 . Commission to examine or adjust accounts
12 . Court to give Commissioner necessary instructions
13 . Commission to make partition of immovable property
14 . Procedure of Commissioner
15 . Expenses of commission to be paid into Court
16 . Powers of Commissioners
16A . Questions objected to before the Commissioner
17 . Attendance and examination of witnesses before Commissioner
18 . Parties to appear before Commissioner
18A . Application of Order to execution proceedings
18B . Court to fix a time for return of commission
Commission issued at the instance of foreign Tribunals
19 . Cases in which High Court may issue commission to examine witness
20 . Application for issue of commission
21 . To whom commission may be issued
22 . Issue, execution and return of commissions, and transmission of evidence to foreign Court
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
1 . Suits by or against Government
2 . Persons authorised to act for Government
3 . Plaints in suits by or against Government
4 . Agent for Government to receive process
5 . Fixing of day for appearance on behalf of Government
5A . Government to be joined as a party in a suit against a public officer
5B . Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
6 . Attendance of person able to answer questions relating to suit against Government
7 . Extension of time to enable public officer to make reference to Government
8 . Procedure in suits against public officer
8A . No security to be required from Government or a public officer in certain cases
8B . Definitions of "Government" and "Government pleader"
SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT
1 . Notice to the Attorney General or the Advocate- General
1A . Procedure in suits involving validity of any statutory instrument
2 . Court may add Government as party
2A . Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
3 . Costs
4 . Application or Order to appeals
SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
1 . Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them
2 . Person so authorized may act personally or appoint pleader
3 . Service on person so authorized, or on his pleader, to be service
SUITS BY OR AGAINST CORPORATIONS
1 . Subscription and verification of pleading
2 . Service on corporation
3 . Power to require personal attendance of officer of corporation
SUITS BY OR AGAINST FIR5MS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
1 . Suing of partners in name of firm
2 . Disclosure of partners' names
3 . Service
4 . Rights of suit on death of partner
5 . Notice in what capacity served
6 . Appearance of partners
7 . No appearance except by partners
8 . Appearance under protest
9 . Suits between co-partners
10 . Suit against person carrying on business in name other than his own
SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS
1 . Representation of beneficiaries in suits concerning property vested in trustees, etc.
2 . Joinder of trustee, executors and administrators
3 . Husband of married executrix not to join
SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
1 . Minor to sue by next friend
2 . Where suit is instituted without next friend, plaint to be taken off the file
2A . Security to be furnished by next friend when so ordered
3 . Guardian for the suit to be appointed by Court for minor defendant
3A . Decree against minor to be set aside unless prejudice has been caused to his interests
4 . Who may act as next friend or be appointed guardian for the suit
5 . Representation of minor by next friend or guardian for the suit
6 . Receipt by next friend or guardian for the suit of property under decree for minor
7 . Agreement or compromise by next friend or guardian for the suit
8 . Retirement of next friend
9 . Removal of next friend
10 . Stay of proceedings on removal, etc., of next friend
11 . Retirement, removal or death of guardian for the suit
12 . Course to be followed by minor plaintiff or applicant on attaining majority
13 . Where minor co-plaintiff attaining, majority desires to repudiate suit
14 . Unreasonable or improper suit
15 . Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind
16 . Savings
SUITS RELATING OT MATTERS CONCERNING THE FAMILY
1 . Application of the Order
2 . Proceedings to be held in camera
3 . Duty of Court to make efforts for settlement
4 . Assistance of welfare expert
5 . Duty to inquire into facts
6 . "Family"
SUITS BY INDIGENT PERSONS
1 . Suits may be instituted by indigent person
1A . Inquiry into the means of an indigent person
2 . Contents of application
3 . Presentation of application
4 . Examination of applicant
5 . Rejection of application
6 . Notice of day for receiving evidence of applicant's indigency
7 . Procedure at hearing
8 . Procedure if application admitted
9 . Withdrawal of permission to sue as an indigent person
9A . Court to assign a pleader to an unrepresented indigent person
10 . Costs were indigent person succeeds
11 . Procedure where indigent person fails
11A . Procedure where indigent persons suit abates
12 . State Government may apply for payment of court-fees
13 . State Government to be deemed a party
14 . Recovery of amount of court-fees.
15 . Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature
15A . Grant of time for payment of court-fee
16 . Costs
17 . Defence by an indigent person
18 . Power of Government to provide for free legal services to indigent persons
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
1 . Parties to suits for foreclosure sale and redemption
2 . Preliminary decree in foreclosure suit
3 . Final decree in foreclosure suit
4 . Preliminary decree in suit for sale
5 . Final decree in suit for sale
6 . Recovery of balance due on mortgage in suit for sale
7 . Preliminary decree is redemption suit
8 . Final decree in redemption suit
8A . Recovery of balance due on mortgage in suit for redemption
9 . Decree where nothing is found due or where mortgagee has been overpaid
10 . Costs of mortgagee subsequent to decree
10A . Power of Court to direct mortgagee to pay BImesne profits
11 . Payment of interest
12 . Sale of property subject to prior mortgage
13 . Application of proceeds
14 . Suit for sale necessary for bringing mortgaged property to sale
15 . Mortgages by the deposit of title deeds and charges
1 . Plaint in interpleader-suit
2 . Payment of thing claimed into Court
3 . Procedure where defendant is suing plaintiff
4 . Procedure at first hearing
5 . Agents and tenants may not institute interpleader suits
6 . Charge for plaintiff's costs
1 . Power to state case for Court's opinion
2 . Where value of subject-matter must be stated
3 . Agreement to be filed and registered as suit
4 . Parties to be subject to Court's jurisdiction
5 . Hearing and disposal of case
6 . No appeal from a decree passed under rule 5
1 . Courts and classes of suits to which the Order is to apply
2 . Institution of summary suits
3 . Procedure for the appearance of defendant
4 . Power to set aside decree
5 . Power to order bill, etc., to be deposited with officer of Court
6 . Recovery of cost of noting non-acceptance of dishonoured bill or note
7 . Procedure in suits
ARREST AND ATTACHMENT BEFORE JUDGMENT
Arrest before judgment
1 . Where defendant may be called upon to furnish security for appearance
2 . Security
3 . Procedure on application by surety to be discharged
4 . Procedure where defendant fails to furnish security or find fresh security
Attachment before judgment
5 . Where defendant may be called upon to furnish security for production of property
6 . Attachment where cause not shown or security not furnished
7 . Mode of making attachment
8 . Adjudication of claim to property attached before judgment
9 . Removal of attachment when security furnished or suit dismissed
10 . Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
11 . Property attached before judgment not to be re-attached in execution of decree
11A . Provisions applicable to attachment
12 . Agricultural produce not attachable before judgment
13 . Small Cause Court not to attach immovable property
TEMPORARY INJUNCTION AND INTERLOCUTORY ORDERS
1 . Cases in which temporary injunction may be granted
2 . Injunction to restrain repetition or continuance of breach
2A . Consequence of disobedience or breach of injunction
3 . Before granting injunction, Court to direct notice to opposite party
3A . Court to dispose of application for injunction within thirty days.
4 . Order for injunction may be discharged, varied or set aside
5 . Injunction to corporation binding on its officer
6 . Power to order interim sale
7 . Detention, preservation, inspection, etc., of subject-matter of suit
8 . Application for such orders to be after notice
9 . When party may be put in immediate possession of land the subject-matter of suit
10 . Deposit of money, etc. in Court
APPOINTMENT OF RECEIVERS
1 . Appointment of receivers
2 . Remuneration
3 . Duties
4 . Enforcement of receiver's duties
5 . When Collector may be appointed receiver
APPEALS FROM ORIGINAL DECREES
1 . Form of appeal. What to accompany memorandum
2 . Grounds which may be taken in appeal
3 . Rejection or amendment of memorandum
3A . Application for condonation of delay
4 . One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all
Stay of proceedings and of execution
5 . Stay by Appellate Court
6 . Security in case of order for execution of decree appealed from
8 . Exercise of powers in appeal from order made in execution of decree
9 . Registry of memorandum of appeal
10 . Appellate Court may require appellant to furnish security for costs
11 . Power to dismiss appeal without sending notice to Lower Court
11A . Time within which hearing under rule 11 should be concluded
12 . Day for hearing appeal
13 . Appellate Court to give notice to Court whose decree appealed from
14 . Publication and service of notice of day for hearing appeal
15 . Contents of notice
Procedure on hearing
16 . Right to begin
17 . Dismissal of appeal for appellants default
18 . Dismissal of appeal where notice not served in consequence of appellant's failure to deposit costs
19 . Re-admission of appeal dismissed for default
20 . Power to adjourn hearing and direct persons appearing interested to be made respondents
21 . Re-hearing on application of respondent against whom BIex parte decree made
22 . Upon hearing respondent may object to decree as if he had preferred a separate appeal
23 . Remand of case by Appellate Court
23A . Remand in other cases
24 . Where evidence on record sufficient, Appellate Court may determine case finally
25 . Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
26 . Finding and evidence to be put on record. Objections to finding
26A . Order of remand to mention date of next hearing
27 . Production of additional evidence in Appellate Court
28 . Mode of taking additional evidence
29 . Points to be defined and recorded
Judgment in appeal
30 . Judgment when and where pronounced
31 . Contents, date and signature of judgment
32 . What judgment may direct
33 . Power of Court of Appeal
34 . Dessent to be recorded
Decree in appeal
35 . Date and contents of decree
36 . Copies of judgment and decree to be furnished to parties
37 . Certified copy of decree to be sent to Court whose decree appealed from
APPEALS FROM APPELLATE DECREES
1 . Procedure
2 . Power of Court to direct that the appeal be heard on the question formulated by it
3 . Application of rule 14 of Order XLI
APPEALS FROM ORDERS
1 . Appeal from orders
1A . Right to challenge non-appealable orders in appeal against decree
2 . Procedure
APPEALS BY INDIGENT PERSONS
1 . Who may appeal as an indigent person
2 . Grant of time for payment of court-fee
3 . Inquiry as to whether applicant is an indigent person
APPEALS TO THE SUPREME COURT
1 . "Decree" defined
2 . Application to Court whose complained of
3 . Certificate as to value or fitness
6 . Effect of refusal of certificate
7 . Security and deposit required on grant of certificate
8 . Admission of appeal and procedure thereon
9 . Revocation of acceptance of security
9A . Power to dispense with notices in case of deceased parties
10 . Power to order further security or payment
11 . Effect of failure to comply with order
12 . Refund of balance deposit
13 . Powers of Court pending appeal
14 . Increase of security found inadequate
15 . Procedure to enforce orders of the Supreme Court
16 . Appeal from order relating to execution
1 . Reference of question to High Court
2 . Court may pass decree contingent upon decision of High Court
3 . Judgment of High Court to be transmitted and case disposed of accordingly
4 . Costs of reference to High Court
4A . Reference to high Court under proviso to section 113
5 . Power to alter, etc., decree of Court making reference
6 . Power to refer to High Court questions as to jurisdiction in small causes
7 . Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes
1 . Application for review of judgment
2 . To whom applications for review may be made. Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14.
3 . Form of applications for review
4 . Application where rejected
5 . Application for review in Court consisting of two or more judges
6 . Application where rejected
7 . Order of rejection not appealable. Objections to order granting application
8 . Registry of application granted, and order for re-hearing
9 . Bar of certain application
1 . Process to be served at expense of party issuing
2 . Orders and notices how served
3 . Use of forms in appendices.
CHARTERED HIGH COURTS
1 . Who may serve processes of High Court
2 . Saving in respect of Chartered High Courts
3 . Application of rules
PROVINCIAL SMALL CAUSE COURTS
1 . Provincial Small Cause Courts
PRESIDENCY SMALL CAUSE COURTS
1 . Presidency Small Cause Courts
APPENDIX C.-Discovery, Inspection and Admission
APPENDIX F.-Supplemental Proceedings
APPENDIX G.-Appeal, reference and Review
The Second Schedule.-Repealed.
The Third Schedule.-Repealed.
The Fourth Schedule.-Repealed.
The Fifth Schedule.-Repealed.
SECTION 1 TO 158
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; it is hereby enacted as follows:—
(2) It shall come into force on the first day of January, 1909.
[(3) It extends to the whole of India except—
(a) the State of Jammu and Kashmir;
(b) the State of Nagaland and the tribal areas :
Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.
Explanation—In this clause, "tribal areas" means the territories which, immediately before the 21st day of January, 1972 were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.
(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union territory, as the case may be, relating to the application of this Code.]
(1) "Code" includes rules;
(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within * * * section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;
(3) "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made;
(4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdiction of a High Court;
(5) "foreign Court" means a Court situate outside India and not established or continued by the authority of the Central Government;
(6) "foreign judgment" means the judgment of a foreign Court;
(7) "Government Pleader" includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;
(7A) "High Court" in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;
(7B) "India", except in sections 1, 29, 43, 44, 44A, 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir;
(8) "Judge" means the presiding officer of a Civil Court;
(9) "judgment" means the statement given by the judge of the grounds of a decree or order;
(10) "judgment-debtor" means any person against whom a decree has been passed or an order capable of execution has been made;
(11) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;
(12) "means profits" of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made but the person in wrongful possession;
(13) "movable property" includes growing crops;
(14) "order" means the formal expression of any decision of a Civil Court which is not a decree;
(15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;
(16) "prescribed" means prescribed by rules :
(17) "public officer" means a person falling under any of the following descriptions, namely:—
(a) every Judge;
(b) every member of [an All-India Service];
(c) every commissioned or gazetted officer in the military, naval or air forces of the Union while serving under the Government.
(d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the court, and every person especially authorized by a Court of Justice to perform any of such duties:
(e) every person who holds and office by virtue of which he is empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;
(18) "rules" means rules and forms contained in the First Schedule or made under section 122 or section 125;
(19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or bonds; and
(20) "signed", save in the case of a judgment or decree, includes stamped.
3. Subordination of Courts— For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.
4. Savings— (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1) nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.
5. Application of the Code of Revenue Courts— (1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government may prescribe.
(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.
6. Pecuniary jurisdiction— Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts— The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Laws, 1905, or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act or Law or to Courts in any part of India to which the said Act does not extend exercising a corresponding jurisdiction that is to say,—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property ; and
(b) the following sections, that is to say,—
sections 91 and 92,
sections 94 and 95 so far as they authorize or relate to—
(i) orders for the attachment of immovable property;
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94 and
sections 96 to 112 and 115.
[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882, (15 of 1882) the provisions in the body of this Code shall not extend to any suit or proceedings in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay :
Provided that —
(1) the High Courts of Judicature at Fort William Madras and Bombay, as the case may be, may from time to time, by notifications in the Official Gazette, direct that any such provisions not inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882, (15 of 1882) and with such modifications and adaptation as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such Court:
(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency Small Cause Courts Act, 1882 ( 15 of 1882) shall be deemed to have been validly made.
Gujarat— After the words Calcutta, Madras and Bombay the words "and in the City of Ahmedabad" shall be inserted.
[Gujarat Act No. XIX of 1961].
SUITS IN GENERAL
Jurisdiction of the Courts and Res judicata
9. Courts to try all civil suits unless barred— The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
 [Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.
 [Explanation II]. For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.].
Maharashtra— After section 9 insert the following section 9A.
"9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:— (1) Notwithstanding anything contained in this code or any other law for the time being in force, if at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver or otherwise, made in any suit, on objection to jurisdiction of the court to entertain such suit is taken by any of the parties to the suit the court shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief. Any such application shall be heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit.
(2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction".
[Maharashtra Act No. 65 of 1977].
10. Stay of suit— No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
Explanation—The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action.
11. Res judicata— No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I.—The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI.—Where persons litigate bona fide in respect of public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.
 [Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree and reference in this section to any suit, issue or former suit shall be construed as references, respectively, to proceedings for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree.
Explanation VIII.—An issue heard and finally decided by a Court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in as subsequent suit, notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised.]
12. Bar to further suit.— Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.
13. When foreign judgment not conclusive— A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
14. Presumption as to foreign judgments.— The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
Place of suing
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resider, or carries on business, or personally works for gain.
Explanation.— In this section "property" means property situate in India.
17. Suits for immovable property situate within jurisdiction of different Courts— Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Court, the suit my be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate :
Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction :
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.
19. Suits for compensation for wrongs to person or movable— Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.
20. Other suits to be instituted where defendants reside or cause of action arises— Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
 [* * * *]
 [Explanation].—A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi A, B and C being together at Benaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant object, the suit cannot proceed without the leave of the Court.
[(1)] No objection as to the place of suing shall be allowed by any appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.
 [2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.]
[21A. Bar on suit to set aside decree on objection as to place of suing— No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
Explanation.—The expression "former suit" means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned].
22. Power to transfer suits which may be instituted in more than one Court— Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
23. To what Court application lies.— (1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
24. General power of transfer and withdrawal— (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
 [(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
 [(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]
[25. Power of Supreme Court to transfer suits, etc.— (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
Institution of suits
Summons and Discovery
28. Service of summons where defendant resides in another State— (1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.
 [(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub- section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section].
(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extent, or
(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five hundred rupees;
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
Judgment and decree
34. Interest— (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six per cent, per annum as the Court deems reasonable on such principal sum from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit :
 [Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent, per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.
Explanation I.—In this sub-section, "nationalised bank" means a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (5 of 1970).
Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest on such principal sum from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefore shall not lie.
35. Costs— (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
[excluding an appeal or a revision] any party objects to the claim of defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation.
(2) No Court shall make any such order for the payment of an amount exceeding [three thousand rupees] or exceeding the limits of it pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under a corresponding law in force in any part of India to which the said Act does not extend and not being a Court constituted under such Act or law, are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees :
Provided, further, that the High Court may limit the amount or class of Courts is empowered to award as costs under this Section.
(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.
Uttar Pradesh— (i) For sub-section (1) of section 35A substitute the following.
"(1) If any suit or other proceedings including proceedings in execution, but not being an appeal or revision, the court finds that the claim or defence or any part thereof is false or vaxatious to the knowledge of the party by whom it has been put forward and if such claim or defence or such part is disallowed, abandoned or withdrawn in whole or in part, the court may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the successful party or costs by way of compensation irrespective of the decisions on other issues in the case".
[U.P. Act No. 24 of 1954].
(ii) After sub-section (1) insert the following.
"(1-A) The provisions of sub-section (1) shall mutatis mutandis apply to an appeal where the appellate Court confirms the decision of the trial court and the trial court has not awarded or insufficient, compensatory cost under that sub-section.
[U.P. Act No. 57 of 1976].
(a) fails to take the step which he was required by or under this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of—
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs.
(b) the defence by the defendant, where the defendant was ordered to pay such costs.
Explanation.—Where separate defences have been raised by the defendants or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1) shall not, if paid, be included in the costs awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons.]
[36. Application to orders— The provisions of this Code relating to the execution of decree (including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment an order).]
37. Definition of Court which passed a decree— The expression "Court which passed a decree", or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,—
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.
 [Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of amking the application for execution of the decree it would have jurisdiction to try the said suit.]
Courts by which decrees may be executed
[of competent jurisdiction],—
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property with in the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in wiring, that the decree should be executed by such other Court.
(2) The Court which passed the decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]
Uttar Pradesh— Sub-section (3) of section 39 shall be substituted.
"(3) For the purpose of this section, a court shall be deemed to be a court of competent jurisdiction if the amount or value of the subject matter of the suit wherein the decree was passed does not exceed the pecuniary limits if any of its ordinary jurisdiction at the time of making the application for the transfer of decree to it, notwithstanding that it had otherwise no jurisdiction to try the suit".
[U.P. Act No. 31 of 1978].
40. Transfer of decree to Court in another State— Where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
41. Result of execution proceedings to be certified.— The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.
[(1)] The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.
[(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the Court under that sub-section shall include the following powers of the Court passed the decree, namely:—
(a) power to send the decree for execution to another Court under section 39;
(b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50;
(c) power to order attachment of a decree.
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the Courts to which a decree is sent for execution any of the following powers, namely—
(a) power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.]
Uttar Pradesh— Section 42 shall be substituted by following.
"42. Power of Court in executing transferred decree:— (1) The court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the decree shall be punishable by such court in the same manner as if it had passed the decree, and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.
(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the court under that sub-section shall include the following powers of the court which passed the decree, namely—
(a) power to send the decree for execution to another court under section 39.
(b) power to execute the decree against the legal representative of the deceased judgment debtor under section 50.
(c) power to order attachment of a decree.
(d) power to decide any question relating to the bar of limitation to the executability of the decree.
(e) power to record payment or adjustment under Rule 2 of order XXI.
(f) power to order stay of execution under Rule 29 Order XXI,
(g) in the case of a decree passed against a firm power to grant leave to execute such decree against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order XXI.
(3) A court passing an order in exercise of the powers specified in sub-section (2) shall send a copy there of to the court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the court to which a decree is sent for execution, the power to order execution at the instance of the transfer of a decree"
[U.P. Act No. 14 of 1970].
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend— Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.
44. Execution of decrees passed by Revenue Court in places to which this Code does not extend.— The State Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in any part of India to which the provisions of this Code do not extend or any class of such decrees, may be executed in the State as if they had been passed by Courts in that State.
44A. Execution of decrees passed by Courts in reciprocating territory— (1) Where a certified copy of decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.
Explanation 1— "Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification.
Explanation 2.— "Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect to a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment.
45. Execution of decrees outside India— So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established by the authority of the Central Government outside India to which the State Government has by notification in the Official Gazette declared this section to apply.
Pondicherry— After section 45 insert the following:—
"45-A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry— Any Judgment, decree or order passed or made before the Commencement of this Code by any Civil Court in the Union Territory of Pondicherry shall for the purpose of execution be deemed to have been passed or made under this Code.
Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment decree or order may be subject."
[Act No. 26 of 1968].
46. Precepts— (1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Questions to be determined by Court executing decree
47. Questions to be determined by the Court executing decree— (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
* * * *
(3) Where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the Court.
 [Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit.
Explanation II.—(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section.]
Limit of time for execution
Transferees and legal representatives
50. Legal representative— (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.
Procedure in execution
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison [for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied—
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,—
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.
Explanation.—In the calculation of the means of the judgment-debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.
Uttar Pradesh— In section 51 of the Code Clause (bb) shall be inserted after clause (b).
"(bb) by transfer other than sale by attachment or without attachment of any property"
[U.P. Act No. 24 of 1954].
52. Enforcement of decree against legal representative— (1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.
53. Liability of ancestral property— For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.
54. Partition of estate or separation of share— Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession shares, of such estates.
Arrest and detention
55. Arrest and detention— (1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise :
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found :
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest :
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged, if he has not committed any act of bad faith regarding the subject of the application and if he complies with provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor express his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit him to the civil prison in execution of the decree.
56. Prohibition of arrest or detention of women in execution of decree for money— Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
(a) where the decree is for the payment of a sum of money exceeding [one thousand rupees, for a period not exceeding three months, and]
 [(b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not exceeding six weeks :]
Provided that he shall be released from such detention before the expiration of the [said period of detention]—
(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has been so detained, or
(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance :
Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.
 [(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom,—
(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.
[60. Property liable to attachment and sale in execution of decree— (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit,whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf :
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section;
(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to [an agriculturist or a labourer or a domestic servant] and occupied by him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the government [or of a local authority or of any other employer] or payable out of any service pension fund notified in the Official Gazette by the Central Government or the State government in this behalf, and political pension;
(h) the wages of labourers and domestic servants, whether payable in money or in kind;
(i) salary to the extent of the first [four hundred rupees] and two third of the remainder] in execution of any decree other than a decree for maintenance.
 [Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion sail be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty-four months, be finally exempt from attachment in execution of that decree.]
 [(ia) one-third of the salary in execution of any decree for maintenance;]
[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from and fund to which the Provident funds Act, 1925, (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to attachment;
 [(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968) for the time being applies in so far as they are declared by the said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor;
(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply;]
(1) any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway company or local authority which the appropriate Government may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to any such servant while under suspension;
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree; and
(p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrears of such revenue.
 [Explanation I.— The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (1) and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable].
Explanation II.— [In clauses (1) and (ia)], "salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1) derived by a person from his employment whether on duty or on leave].
Explanation [III]—In Clause (l), "appropriate Government" means—
(i) as respect any person in the service of the Central Government, or any servant of a Railway Administration or of a cantonment authority or of the port authority of a major port, the Central Government;
(ii) as respects any other [servant of the Government] or a servant of any other local authority skilled the State Government.
[Explanation IV.—For the purposes of this proviso, "wages", includes bonus, and labourer" includes a skilled/unskilled or semi-skilled labourer.
Explanation V.—For the purposes of this proviso, the expression "agriculturist" means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or agricultural labourer.
Explanation VI.—For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he cultivates land—
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in case or in kind (not being as a share of the produce), or both.]
 (1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit on any exemption under this section shall be void.]
(2) Nothing in this section shall be deemed to exempt houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land.
Andhra Pradesh— In its application to Andhra area of the State of Andhra Pradesh in section 60(1) clause (g) of the proviso after the words "pensioners of the Government" the words "or a local authority" shall be inserted
[C.P.C. (Andhra Pradesh) (Andhra area) Amendment Act 1950]
In its application to whole of State of A.P. in proviso to sub-section (1) of section 60.
(i) after clause (k) the following shall be inserted.
"(kk) amount payable under policies issued in pursuance of the Rules for the Andhra Pradesh Govt. life Insurance and Provident Fund".
(ii) after Explanation 2 insert the following:—
"Explanation 2A.— Where any sum payable to a Government servant is exempt from attachment under the provisions of clause (kk), such sum shall remain exempt from attachment notwithstanding the fact that owing to the death of the Govt. servant it is payable to same other person"
[Act No. XI of 1953 and Act No. X of 1962].
In its application to Hyderabad area of Andhra Pradesh:
(i) after clause (g) of the proviso to section 60 (1) insert the following:—
"(gg) pension granted or continued by the Central Govt. the Govt. of Hyderabad or any other State Govt. on account of part services or present infirmities or as a compassionate allowance and."
(ii) In Explanation 2A, for the words brackets and letter "Clause (kk)" substitute "Clause (gg) or Clause (kk)"
[A.P. Act No. XVIII of 1953].
In its application to the State of Andhra Pradesh:
(i) After clause (kk) of Section 60(1) proviso the following inserted:
"(kkk) amounts payable under the Andhra Pradesh State Employees Family Benefit Fund Rules."
(ii) For the words "(kk)', in Explanation 2A, the words "(kkk) inserted.(A.P. Act No. 24 of 1979).
Gujarat— (i) In section 60(1) after clause (g) insert the following.
"(gg) stipends and gratuities allowed to pensioners of a local authority".
(ii) Explanation 1, after the word "(g)" insert "(gg)".
[Bombay Act No. LX of 1948).
Himachal Pradesh— (i) In section 60 (1) at the end of Clause (c) insert the following.
"or compensation paid for such houses and buildings (including compensation for the materials and the sites and the land referred to above) acquired for public purpose".
(ii) After clause (c), clause (cc) shall be inserted.
"(cc) Compensation paid for agricultural lands belonging to agriculturists and acquired for public purpose".
[C.P.C. (H.P. Amendment) Act 1956].
Karnataka— In section 60 (1) after clause (p) the following shall be inserted in its application to Karnataka (except Bellary District).
"(pp) Where the judgment-debtor is a servant of the State Govt. who has insured his life under the rules in force relating to the official branch of Karnataka Govt. Life Insurance Department:—
(1) in the case of insurance effected prior to the ninth day of may, 1911 the whole of the bonus payable or paid thereunder to such servant, or in the event of his death to his nominee or other person or persons entitled to such bonus under the said rules, and
(2) in the case of Insurance effected on or after the ninth day of May, 1911, and such insurance is Compulsory premia payable or paid to such servant or in the event of his death to his nominee or other person or persons entitled to such bonus under the said rules.
[C.P.C. (Mysore Amendment) Act, 1952].
Kerala— After clause (g) the following clause (gg) shall be inserted:—
"(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employee of the Government of Kerala.
[Kerala Act 1 of 1988].
Maharashtra— (i) In section 60(1) after clause (g) of the proviso insert the following:—
"(gg) in the Hyderabad area of the State of Maharashtra any pension granted or continued by the Central Govt. or the Govt. of the former State of Hyderabad or any other State Govt. on account of part services or present infirmities or as a compassionate allowance which is not covered by clause (g)".
(ii) after clause (kb) insert the following:
"(kbb) the amounts payable under the policies issued in pursuance of the Rules for the Hyderabad State Life Insurance and Provident Fund, which are not covered under clause (ka) or (kb)".
[Maharashtra Act No. LXV of 1977].
Punjab and Haryana— (i) In clause (c) of the proviso to section 60 (1) for the words "occupied by him" substitute the following:—
"not proved by the decree holder to have been let out on rent or lent to persons other than his father mother, wife, son, daughter, daughter in law, brother, sister or other dependents or left vacant for a period of a year or more".
(ii) after clause (c) insert the following:—
"(cc) milch animals, whether in milk or in calf, animals used for the purposes of transport or draught cart and open spaces or endorures belonging to an agriculturist and required for use in case of need for tying cattle parking carts or stacking fodder or manure.
(ccc) one main residential house and other buildings attached to it (with the material and the sites there of and the land immediately appurtenant there to and necessary for there enjoyment belonging to a judgment-debtor other than an agriculturist and occupied by him:
Provided that the protection afforded by this clause shall not extend to any property specifically charged with the debt sought to be recovered".
(iii) after sub-section (2) insert the following sub-sections.
"(3) Notwithstanding any other law for the time being in force an agreement by which a debtor agrees to waive any benefit of any exemption under this section shall be void.
(4) For the purposes of this section the word `agriculturist' shall include every person whether as owner tenant partner or agricultural labour who depends for his livelihood mainly on income from agricultural land as defined in the Punjab Alienation of Land Act. 1910.
(5) Every member of a tribe notified as agricultural under the Punjab Alienation of Land Act, 1900 and every member of a scheduled caste shall be presumed to be as agriculturist until the contrary is provided.
(6) No order for attachment shall be made unless the court is satisfied that the property sought to be attached is not exempt from attachment or sale"
[Punjab Act No. VII of 1934, 12 of 1940, 6 of 1946 and 44 of 1960].
Rajasthan — (i) In clause (b) of section 60 (1) after the word `Agriculturist' the words `his milch cattle and those likely to calve within two years' shall be inserted.
(ii) after clause (k) of the proviso to section 60 (1) insert the following.
"(kk) moneys payable under life Insurance Certificates issued in pursuance of the Rajasthan Govt. Servants Insurance Rules, 1953".
(iii) after Explanation 3 insert the following:
"Explanation 4.— Where any money payable to a Govt. servant of the state is exempt from attachment under the provision contained in clause (kk), such money shall remain exempt from the attachment notwithstanding the fact there owing to the death of a Govt. servant it is payable to some other person".
[Rajasthan Act No. 16 of 1957 and 19 of 1958].
Tamil Nadu— "Section 60 (1), clause (g) of the proviso after the words `stipends and gratuties allowed to the pensioners of the Govt. insert the words "or of a local authority"
[C.P.C. (Madras Amendment) Act, 1950].
Union Territory of Chandigarh— Same as in Punjab and Haryana
[Act No. 31 of 1966].
Union Territory of Pundicherry— Same as in Tamil Nadu
[Act No. 26 of 1968].
Uttar Pradesh— In section 60(1) after Explanation 1 add the following:
"Explanation 1-A.— Particulars mentioned in clause (c) are exempt from sale in execution of a decree whether passed before or after the commencement of the Code of Civil Procedure (United Provinces) Amendment Act, 1948 for enforcement of a mortgage of charge thereon".
[U.P. Act No. 35 of 1948].
61. Partial exemption of agricultural produce— The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in exaction of a decree.
62. Seizure of property in dwelling-house— (1) No person executing any process under this Code directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for widhrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
63. Property attached in execution of decrees of several Courts— (1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto any objection to the attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.
 [Explanation.—For the purposes of sub-section (2), "proceeding taken by a Court" does not include an order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent of the purchase price payable by him.]
64. Private alienation of property after attachment to be void— Where an attachment has been made, any private transfer or delivery of the property attached or of any interest there in and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.
Explanation—For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.
65. Purchaser's title— Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
[* * * *]
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money—(1) The State Government may, by notification in the Official Gazette, make rules for any local area imposting conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undermined as, in the opinion of the State Government to make it impossible to fix their value.
(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of and in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette, declare such rules to be in force, or may by a like notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.
 [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
Delegation to Collector of power to execute decrees against immovable property
Distribution of assests
73. Proceeds of execution-sale to be reateably distributed among decree-holders— (1) Where assests are held by a Court and more persons than one have, before the receipt of such assests, made application to the Court for the execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assests, after deducting the costs of realization, shall be reteably distributed among all such persons :
Provided as follows :—
(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be entitled to share in any surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charges the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold;
(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied—
first, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the payment of money against the judgment debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof.
(2) Where all or any of the assests liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.
(3) Nothing in this section affects any right of the Government.
Resistance to execution
74. Resistance to execution— Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
 [(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.]
76. Commission to another Court— (1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides.
(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.
78. Commissions issued by foreign Courts— Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issue by or as the instance of—
(a) Courts situate in any part of India to which the provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India, or
(c) Courts of any State or country outside India.
SUITS IN PARTICULAR CASES
Suits by or against the Government or public officers in their official capacity.
(a) in the case of a suit by or against the Central Government, the Union of India, and
(b) in the case of a suit by or against a State Government, the State.
[(1)][Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—
(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;
(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;
(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;
(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;
and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
 [(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit :
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
Madhya Pradesh — (i) After sub-section (3) of Section 80 the following inserted:
"(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non applicant or where the Court orders joinder of the State as defendant or non applicant in exercise of powers under Rule 10(2) of order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1)".
(ii) In sub-section (1) of section 80 for the words "sub-section (2)" substitute "sub-section (2) or (4)".
[M.P. Act No. 29 of 1948].
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.
(1) Where, in a suit by or against the Government or by or against a public officer in respect of any act purporting to be done him in his official capacity, a decree is passed against the Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of sub-section(2)].
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of [such decree].
(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award—
(a) is passed or made against the Union of India or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this code or of any other law for the time being in force as if it were a decree.
Suits by Alliens and by or against Foreign Rulers, Ambassadors and Envoys
83. When aliens may sue— Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such court.
Explanation—Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any officer of such State in his public capacity.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers— (1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
 foreign State may be sued in any Court otherwise competent to try the suit except with consent of the Central Government certified in writing by a Secretary to that Government :
Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid [a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which [the foreign State] may be sued, but it shall to be given, unless it appears to the Central Government that [the foreign State].
(a) has instituted a suit in the Court against the person desiring to sue [it], or
(b) [itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to [it] by this section.
 [(3) Except with the consent of the Central Government, certified in writing by a Secretary to that government, no decree shall be executed against the property of any foreign State.]
(4) The proceeding provisions of this section shall apply in relation to —
 [(a) any Ruler of a foreign State;]