Code of Civil Procedure, 1908 – Bare Acts

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

Code of Civil Procedure, 1908 - Bare Acts

Code of Civil Procedure, 1908

  • Section -1. Short title
  • Section -2. Definitions
  • Section -3. Subordination of Courts
  • Section – 4. Savings
  • Section – 5. Application of the Code to Revenue Courts
  • Section – 6. Pecuniary jurisdiction
  • Section – 7. Provincial Small Cause Courts
  • Section – 8. Presidency Small Cause Courts

Part I Suits In General

  • Section –9 Courts to try all civil suits unless barred
  • Section –10 Stay of suit
  • Section –11 Res judicata
  • Section –12 Bar to further suit
  • Section –13 When foreign judgment not conclusive
  • Section –14 Presumption as to foreign judgments
  • Section –15 Court in which suits to be instituted
  • Section –16 Suits to be instituted where subject matter situate
  • Section –17 Suits for immovable property situate within jurisdiction of different Courts
  • Section –18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain
  • Section –19 Suits for compensation for wrongs to person or movables
  • Section –20 Other suits to be instituted where defendants reside or cause of action arises
  • Section –21 Objections to jurisdiction
  • Section –22 Power to transfer suits which may be instituted in more than one Court
  • Section –23 To what Court application lies
  • Section –24 General power of transfer and withdrawal
  • Section –25 Power of State Government to transfer suits
  • Section –26 Institution of suits
  • Section –27 Summons to defendants
  • Section –28 Service of summons where defendant resides in another State
  • Section –29 Service of foreign summonses.Summonses and other processes issued by 30
  • Section –30 Power to order discovery and the like.Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party
  • Section –31 Summons to witness
  • Section –32 Penalty for default
  • Section –33 Judgment and decree
  • Section –34 Interest
  • Section –35 Costs

Part II Execution

  • Section –36 Application to orders
  • Section –37 Definition of Court which passed a decree
  • Section –38 Court by which decree may be executed
  • Section –39 Transfer of decree
  • Section –40 Transfer of decree to Court in another State
  • Section –41 Result of execution-proceedings to be certified
  • Section –42 Powers of Court in executing transferred decree
  • Section –43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  • Section –44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  • Section –44A Execution of decrees passed by Courts in reciprocating territory
  • Section –45 Execution of decrees outside India
  • Section –46 Precepts
  • Section –47 Questions to be determined by the Court executing decree
  • Section –48 Execution barred in certain cases
  • Section –49 Transferee
  • Section -Section –50 Legal representative
  • Section –51 Powers of Court to enforce execution
  • Section –52 Enforcement of decree against legal representative
  • Section –53 Liability of ancestral property
  • Section –54 Partition of estate or separation of share
  • Section –55 Arrest and detention
  • Section –56 Prohibition of arrest or detention of women in execution of decree for money
  • Section –57 Subsistence allowance
  • Section –58 Detention and release
  • Section –59 Release on ground of illness
  • Section –60 Property liable to attachment and sale in execution of decree
  • Section –61 Partial exemption of agricultural produce
  • Section –62 Seizure of property in dwelling house
  • Section –63 Property attached in execution of decrees of several Courts
  • Section –64 Private alienation of property after attachment to be void
  • Section –Purchasers title
  • Section –66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
  • Section –67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  • Section –68 Power to prescribe rules for transferring to Collector execution of certain decrees
  • Section –69 Provisions of Third Schedule to apply
  • Section –70 Rules of procedure
  • Section –71 Collector deemed to be acting judicially
  • Section –72 Where Court may authorize Collector to stay public sale of land
  • Section –73 Proceeds of execution-sale to be rateably distributed among decree-holders
  • Section –74 Resistance to execution

PART III Incidental Proceedings

  • Section –75 Power of Court to issue commissions
  • Section –76 Commission to another Court
  • Section –77 Letter of request

PART IV Suits In Particular Cases

  • Section –80 Notice
  • Section –81 Exemption from arrest and personal appearance
  • Section –82 Execution of decree
  • Section –83 When aliens may use
  • Section –84 When foreign States may use
  • Section –85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  • Section –86 Suits against foreign Rulers, Ambassadors and Envoys
  • Section –87 Style of foreign Rulers as parties to suits
  • Section –87A Definitions of foreign State and Rulers
  • Section –87B Application of sections 85 and 86 to Rulers of former Indian States
  • Section –88 Where interpleader suit may be instituted

Part V Special Proceedings] Dings

  • Section –89 [Arbitration.] the Arbitration Act, 1940 (10 of 1940), s.49 and Sch.III
  • Section –90 Power to state case for opinion of Court
  • Section –91 Public nuisances
  • Section –92 Public Charities
  • Section –93 Exercise of powers of Advocate General outside presidency-towns
  • Section –Part VI Supplemental Proceedings
  • Section –94 Supplemental proceedings
  • Section –95 Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Part VII Appeals From Original Decrees

  • Section –96 Appeal from original decree
  • Section –97 Appeal from final decree where no appeal from preliminary decree
  • Section –98 Decision where appeal heard by two or more Judges
  • Section –99 No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
  • Section –100 Second appeal
  • Section –101 Second appeal on no other grounds
  • Section –102 No second appeal in certain suits
  • Section –103 Power of High Court to determine issues of fact
  • Section –104 Orders from which appeal lies
  • Section –105 Other orders
  • Section –106 What Courts to hear appeals
  • Section –107 Power of Appellate court
  • Section –108 Procedure in appeals from appellate decrees and orders
  • Section –109 When appeal lie to the Supreme Court
  • Section –110 Value of subject-matter
  • Section –111 Bar of certain appeals
  • Section –111A Appeal to Federal Court
  • Section –112 Savings

Part VIII Reference, Review And Revision

  • Section –113 Refence to High Court
  • Section –114 Review
  • Section –115 Revision
  • Section –Part IX Special Provisions Relating To The {Subs. By Act 2 Of 1951, S.14, For “Chartered High Courts”.}[High Courts For Part A States And Part B States]
  • Section –116 Part to apply only to certain High Courts
  • Section –117 Application of Code to High Courts
  • Section –118 Execution of decree before ascertainment of costs
  • Section –119 Unauthorized persons not to address Court
  • Section –120 Provision not applicable to High Court on original civil jurisdiction

Part X Rules

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

Part XI Miscellaneous

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

The First Schedule

Order I Parties To Suits
Order II Frame of Suit
Order III Recognized Agents And Pleaders
Order IV Institution Of Suits
Order V Issue Ann Service Of Summons
Order VI Pleadings Generally
Order VII Plaint
Order VIII Written Statement And Set-Off
Order IX Appearance of Parties and Consequence Of Non-Appearance
Order X Examination Of Parties By The Court
Order XI Discovery And Inspection
Order XII Admissions
Order XIII Production, Impounding And Return Of Documents
Order XIV Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon
Order XV Disposal Of The Suit At The First Hearing
Order XVI Summoning And Attendance Of Witnesses
Order XVII Adjournments
Order XVIII Hearing Of The Suit And Examination Of Witnesses
Order XIX Affidavits
Order XX Judgment And Decree
Order XXI Execution Of Decrees And Orders
Order XXII Death, Marriage And Insolvency Of Parties
Order XXIII Withdrawal and Adjustment of Suits
Order XXIV Payment Into Court
Order XXV Security For Costs
Order XXVI Commissions
Order XXVII Suits By Or Against The Government Or Public Officers In Their Official Capacity
Order XXVIIA Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution
Order XXVIII Suits By Or Against Military Or Naval Men Or Airmen
Order XXIX Suits By Or Against Corporations
Order XXX Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
Order XXXI Suits By Or Against Trustees, Executors And Administrators
Order XXXII Suits By Or Against Minors And Persons Of Unsound Mind
Order XXXIII Suits By Paupers
Order XXXIV Suits Relating To Mortgages Of Immovable Property
Order XXXV Interpleader
Order XXXVI Special Case
Order XXXVII Summary Procedure On Negotiable: Instruments
Order XXXVIII Arrest and Attachment Before Judgment
Order XXXIX Temporary Injunctions And Interlocutory Orders
Order XL Appointment OK, Receivers
Order XLI Appeals From Original Decrees
Order XLII Appeals From Appellate Decrees
Order XLIII Appeals From Orders
Order XLIV Pauper Appeals
Order XLV Appeals To The Supreme Court
Order XLVI Reference
Order XLVII Review
Order XLVIII Miscellaneous
Order XLIX Chartered High Courts
Order L Provincial Small Cause Courts
Order LI Presidency Small Cause Courts
Appendices to The First Schedule

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 [Arbitration.] the Arbitration Act, 1940 (10 of 1940), s.49 (1) and Sch.III.
The Third Schedule Execution Of Decrees By Collectors
The Fourth Schedule [Enactment’s amended] the Repealing and Amending Act, 1952 (48 of 1952), s.2 and Sch.I.
The Fifth Schedule [Enactments repealed.] the Second Repealing and Amending Act, 1914 (17 of 1914),s.3 and Sch.II.

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