C.P.C. - Index

THE CODE OF CIVIL PROCEDURE, 1908

(Act No. 5 of 1908)[1]

 [21st March, 1908]

 

PRELIMINARY

1.  Short title, commencement and extent

2. Definitions

3. Subordination of Courts

4. Savings

5. Application of the Code of Revenue Courts

6. Pecuniary jurisdiction

7. Provincial Small  Cause Courts

8. Presidency Small Cause Courts

 

PART I

SUITS IN GENERAL

Jurisdiction of the Courts and Res judicata

 

9. Courts  to try all civil suits unless barred

10. Stay of suit

11. Res judicata

12. Bar to further suit.

13. When foreign judgment not conclusive

14. Presumption as to foreign judgments.

 

Place of suing

 

15. 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

34. Interest

35. Costs

35A. Compensatory costs in respect of false or vexatious  claims or defenses

35B. Costs for causing delay

 

PART II

EXECUTION

General

 

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

46. Precepts

 

Question to be determined by Court executing decree

 

47. Questions to be determined by the Court executing decree

 

Limit of time for execution

 

48. [Repealed.]

 

Transferees and legal representatives

49. Transferee

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

 

Attachment

 

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

 

Sale

 

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

68.-72. [Repealed.]

Distribution of assests

 

73. Proceeds of execution-sale to be reateably distributed among decree-holders

 

Resistance to execution

 

74. Resistance to execution

 

PART III

INCIDENTAL PROCEEDINGS

Commissions

75. Power of court to issue commissions

76. Commission to another Court

77. Letter of request

78. Commissions issued by foreign Courts

 

PART IV

SUITS IN PARTICULAR CASES

Suit by or against the Government or public officers in their official capacity

 

79. Suits by or against Government

80. Notice

81. Exemption from arrest and personal appearance

82. Execution of decree

 

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

 

PART V

SPECIAL PROCEEDINGS

Arbitration

 

89.  [Replead.]

 

Special case

 

90. Power to state case for opinion of Court

 

Public nuisances and other wrongful acts affecting the public

 

91. Public nuisances and other wrongful acts affecting the public.

92. Public charities

93. Exercise of powers of Advocate-General outside presidency-towns

 

PART VI

SUPPLEMENTAL PROCEEDINGS

 

94. Supplemental Proceedings

95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds

 

PART VII

APPEALS

Appeals from original decrees

 

96. Appeal from original decree

97. Appeal from final decree 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).

111. [Repealed].

111A. [Repealed].

112. Savings

PART VIII

REFERENCE, REVIEW AND REVISION

 

113. Reference to High Court

114. Review

115. Revision

 

PART IX

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

 

PART X

RULES

 

121. Effect of rules in First Schedule

122. Power of certain High Courts to make rules

123. Constitution of Rule Committees in certain States

124. Committee to report to High Court.

125. Power of other High Courts to make rules

126. Rules to be subject to approval

127. Publication of rules

128. Matters for which rules may provide

129. Power of High 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

 

PART XI

MISCELLANEOUS

 

132. Exemption of certain women from personal appearance

133. Exemption of other  persons

134. Arrest other than   in execution of decree

135. Exemption from arrest under civil process

135A. Exemption of members of legislative bodies from arrest and detention under civil process

136. Procedure where person to be arrested or property to be attached is  outside district

137. Language of subordinate Courts

138. Power of High Court to require  evidence to be recorded in English

139. Oath on affidavit by whom  to be administered

140. Assessors in causes of salvage etc.

141. Miscellaneous proceedings

142. Orders and notices to be in writing

143. Postage

144. Application for restitution

145. Enforcement of liability of surety

146. Proceedings  by or against representatives

147. Consent or agreement by persons under disability

148. Enlargement of time

148A. Right to lodge a caveat

149. Power to make up deficiency of court-fees

150. Transfer of business

151. Saving of inherent powers of Court

152. Amendment of judgments, decrees or orders

153. General power to amend

153A. Power to amend decree or order where appeal is summarily dismissed.

153B. Place of trial to be deemed to be open Court

154. Saving of present right of appeal

155. Amendment of certain Acts

156. Repeals

157. Continuance of orders under repealed enactments.

158. Reference to Code of Civil Procedure and other repealed enactments.

 

THE FIRST SCHEDULE

ORDER I

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

 

ORDER II

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

 

ORDER III

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

 

ORDER IV

INSTITUTION OF SUITS

 

1. Suit to be commenced by plaint

2. Register of suits

 

ORDER IVA

CONSOLIDATION OF CASES

 

1. Consolidation of suits and proceedings

 

ORDER V

ISSUE AND SERVICE OF SUMMONS

ISSUE OF SUMMONS

 

1. 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

20A. [Repealed].

21. Service of summons where defendant resides  within jurisdiction of another Court

22. Service within presidency-towns of summons issued by Courts outside

23. Duty of Court to which summons is sent

24. Service on defendant in prison

25. Service where defendant resides out of India and has no agent

26. Service in foreign territory  through Political Agent or Court

26A. Summonses to be sent to 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

 

ORDER VI

PLEADINGS GENERALLY

 

1. Pleading

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

7. Departure

8. Denial of contract

9. Effect of document to be stated.

10. Malice, knowledge, etc.,

11. Notice

12. Implied contract, or relation

13. Presumptions of law

14. Pleading to be signed

14A. Address for service of notice

15. Verification of pleadings

16. Striking out pleadings

17. Amendment of pleadings

18. Failure to amend after order

 

ORDER VII

PLAINT

 

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

 

ORDER VIII

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

 

ORDER IX

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

 

ORDER X

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

 

ORDER XI

DISCOVERY AND INSPECTION

 

1. Discovery by interrogatories

2. Particular interrogatories to be submitted

3. Costs of interrogatories

4. Form of interrogatories.

5. Corporations

6. Objections to interrogatories by answer

7. Setting aside and striking out interrogatories

8. Affidavit in answer, filing

9. Form of affidavit in answer

10. No exception to be taken

11. Order to answer or answer further

12. Application for discovery of documents

13. Affidavit of documents

14. Production of documents

15. Inspection of documents referred to in 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

 

ORDER XII

ADMISSION

 

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

9. Costs

 

ORDER XIII

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

 

ORDER XIV

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

 

ORDER XV

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

 

ORDER XVI

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

 

ORDER XVIA

ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS

 

1. Definitions

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

 

ORDER XVII

ADJOURNMENTS

 

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.

 

ORDER XVIII

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

 

ORDER XIX

AFFIDAVITS

 

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

 

ORDER XX

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

 

ORDER XXA

COSTS

 

1 . Provisions  relating to certain items

2 . Costs to be awarded in accordance with the rules made by High Court

 

ORDER XXI

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.

 

Sale generally

 

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.

 

ORDER XXII

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

 

ORDER XXIII

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

 

ORDER XXIV

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

 

ORDER XXV

SECURITY FOR COSTS

 

1 . When security for costs may be required from plaintiff

2 . Effect of failure to furnish security

 

ORDER XXVI

COMMISSIONS

 

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

 

General provisions

 

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

 

ORDER XXVII

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"

 

ORDER XXVIIA

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

 

ORDER XXVIII

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

 

ORDER XXIX

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

 

ORDER XXX

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

 

ORDER XXXI

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

 

ORDER XXXII

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

 

ORDER XXXIIA

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"

 

ORDER XXXIII

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

 

ORDER XXXIV

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

 

ORDER XXXV

INTERPLEADER

 

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

 

ORDER XXXVI

SPECIAL CASE

 

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

 

ORDER XXXVII

SUMMARY PROCEDURE

 

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

 

ORDER XXXVIII

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

 

ORDER XXXIX

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

 

ORDER XL

APPOINTMENT OF RECEIVERS

 

1 . Appointment of receivers

2 . Remuneration

3 . Duties

4 . Enforcement of receiver's duties

5 . When Collector may be appointed receiver

 

ORDER XLI

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

7.[Repealed].

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

 

ORDER XLII

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

 

ORDER XLIII

APPEALS FROM ORDERS

 

1 . Appeal from orders

1A . Right to challenge non-appealable orders in appeal against decree

2 . Procedure

 

ORDER XLIV

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

 

ORDER XLV

APPEALS TO THE SUPREME COURT

 

1 . "Decree" defined

2 . Application to Court whose complained of

3 . Certificate as to value or fitness

4.  [Replead].

5 [Replead].

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

 

ORDER XLVI

REFERENCE

 

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

 

ORDER XLVII

REVIEW

 

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

 

ORDER XLVIII

MISCELLANEOUS

 

1 . Process to be served at expense of party issuing

2 . Orders and notices how served

3 . Use of forms in appendices.

 

ORDER XLIX

CHARTERED HIGH COURTS

 

1 . Who may serve processes of High Court

2 . Saving in respect of Chartered High Courts

3 . Application of rules

 

ORDER L

PROVINCIAL SMALL CAUSE COURTS

 

1 . Provincial Small Cause Courts

 

ORDER LI

PRESIDENCY SMALL CAUSE COURTS

 

1 . Presidency Small Cause Courts

APPENDIX A.-Pleadings

APPENDIX B.-Process

APPENDIX C.-Discovery, Inspection and Admission

APPENDIX D.-Decrees

APPENDIX E.-Execution

APPENDIX F.-Supplemental Proceedings

APPENDIX G.-Appeal, reference and Review

APPENDIX H.-Miscellaneous

The Second Schedule.-Repealed.

The Third Schedule.-Repealed.

The Fourth Schedule.-Repealed.

The Fifth Schedule.-Repealed.