Bare Act: Code Of Civil Procedure, 1908
Code Of Civil Procedure, 1908- Index
(RELEVANT SECTIONS)
PRELIMINARY
Section-6: Pecuniary jurisdiction
PART I : SUITS IN GENERAL
Jurisdiction of the Courts and Res Judicata
Section-9: Courts to try all civil suits unless barred
Section-10: Stay of suit
Section-11: Res judicata
Section-13: When foreign judgment not conclusive
Place of suing
Section-16: Suits to be instituted where subject matter situate
Section-19: Suits for compensation for wrongs to person or movables
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 the Supreme Court to transfer Suits, etc.
Summons and discovery
Section-27: Summons to defendants
Section-28: Service of summons where defendant resides in another State
Section-29: Service of foreign summonses
Section-30: Power to order discovery and the like
Section-31: Summons to witnessSection-32: Penalty for default
Interest
Section-34: Interest
Costs
Section-35: Costs
Section-35-A: Compensatory costs in respect of false and vexatious claims or defences
Section-35-B: Costs for causing delay.
PART II : EXECUTION
Courts by which decrees may be executed
Section-38: Court by which decree may be executed
Section-40: Transfer of decree to Court in another State
Section-44-A: Execution of decrees passed by Courts in reciprocating territory
Section-45: Execution of decrees outside India
Section-46: Precepts
Question to be determined by Court executing decree
Section-47: Questions to be determined by the Court executing decree
Transferees and legal representatives
Section-49: Transferee
Section-50: Legal representative
Procedure in execution
Section-52: Enforcement of decree against legal representative
Section-53:Liability of ancestral property
Arrest and detention
Section-55: Arrest and detention
Attachment
Section-60: Property liable to attachment and sale in execution of decree
Section-63: Property attached in execution of decrees of several Courts
Section-64: Private alienation of property after attachment to be void
Distribution of assets
Section-73 Sale to be rateably distributed among decree-holders
PART III: INCIDENTAL PROCEEDINGS
Commissions
Section-75: Power of Court to issue commissions
Section-76: Commission to another Court
Section-78: Commissions issued by foreign Courts
PART IV: SUITS IN PARTICULAR CASES
Suits by or against the Government or Public Officers in their official capacity
Section-79: Suits by or against Government
Section-80: Notice
Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys
Section-83: When aliens may sue
Section-84: When foreign States may sue
Section-86.: Suits against foreign Rulers, Ambassadors and Envoys
Suits against Rulers of former Indian States
Section-87-B: Application of sections 85 and 86 to Rulers of former Indian States
Inter-pleader
Section-88: Where inter-pleader suit may be instituted
PART V: SPECIAL PROCEEDINGS
Arbitration
Section-89: Settlement of disputes outside the Court
Special case
Section-90: Power to state case for opinion of Court
Public nuisance and other wrongful acts affecting the public
Section-91: Public nuisances
Section-92: Public Charities
PART VI: SUPPLEMENTAL PROCEEDINGS
Section-94: Supplemental proceedings
Section-95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds
PART VII: APPEALS
Appeals from original decrees
Section-96: Appeal from original decree
Section-97: Appeal from final decree where no appeal from preliminary decree
Section-98: Decision where appeal heard by two or more Judges
Section-99: No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
Section-99-A: No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
Appeals from appellate decrees
Section-100:Second appeal
Section-100A: No further appeal in certain cases
Section-101: Second appeal on no other grounds
Section-102: No second appeal in certain suits
Section-103: Power of High Court to determine issues of fact
Appeals from orders
Section-104: Orders from which appeal lies
Section-105: Other orders
General Provisions relating to appeals
Section-107: Power of Appellate court
Section-108: Procedure in appeals from appellate decrees and orders
Appeals to the Supreme Court
Section-109: When appeal lie to the Supreme Court
PART VIII: REFERENCE, REVIEW AND REVISION
Section-113: Reference to High Court
Section-114: Review
Section-115: Revision
PART X : RULES
Section-121: Effect of rules in First Schedule
Section-129: Power of High Courts to make rules as to their original civil 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-135-A: 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-139: Oath on affidavit by whom to be administered
Section-141: Miscellaneous proceedings
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-148-A: Right to lodge a caveat
Section-149: Power to make up deficiency of court-fees
Section-151: Saving of inherent powers of Court
Section-152: Amendment of judgments, decrees or orders
Section-153: General power to amend
Section-153-A: Power to amend decree or order where appeal is summarily dismissed
THE FIRST SCHEDULE
ORDER I : PARTIES OF SUITS
Rule-1: Who may be joined as plaintiffs
Rule-2: Power of Court to order separate trials
Rule-3: Who may be joined as defendants
Rule-3-A: Power to order separate trials where joinder of defendants may embarrass or delay trial
Rule-8: One person may sue or defend on behalf of all in same interest
Rule-9: Mis-joinder and non-joiners
Rule-10: Suit in the name of wrong plaintiff, Court may strike out or add parties, Where defendant added, plaint to be amended
Rule-13: Objections as to non-joinder or mis-joinder
ORDER II : FRAME OF SUIT
Rule-1: Frame of suit
Rule-2: Suit to include the whole claim, Relinquishment of part of claim, Omission to sue for one of several reliefs
Rule-3: Joinder of causes of action
Rule-5: Claims by or against an executor, administrator or heirs
Rule-6: Power of Court to order separate trial
Rule-7: Objections as to misjoinder
ORDER V : ISSUE AND SERVICE OF SUMMONS
Issue of Summons
Rule-3: Court may order defendant or plaintiff to appeal in person
Rule-4: No part to be ordered to appear in person unless resident within certain limits
Rule-5: Summons to be either to settle issues or for final disposal
Rule-7: Summons to order defendant to produce documents relied on by him
Rule-8: On issue of summons for final disposal, defendant to be directed to produce his witnesses
Service of summons
Rule-10: Mode of service
Rule-13: Service on agent by whom defendant carries on business
Rule-15: Where service may be on an adult ember of defendant's family
Rule-17: Procedure when defendant refused to accept service, or can not be found
Rule-19: Examination of serving officer
Rule-20: Substituted service, Effect of substituted service, Where service is substituted, time for appearance to be fixed
Rule-23: Duty of Court to which summons is sent
Rule-24: Service on defendant in prison
Rule-25: Service where defendant resides out of India and has no agent
Rule-26: Service in foreign territory through Political Agent or Court
Rule-26-A: Summonses to be sent to officers of foreign countries
Rule-28: Service on soldiers, sailors or airmen
Rule-29: Duty of person to whom summons is delivered or sent for service
ORDER VI : PLEADINGS GENERALLY
Rule-1: Pleading
Rule-2: Pleading to state material facts and not evidence
Rule-15: Verification of pleadings
Rule-16: Striking out pleadings
Rule-17: Amendment of pleadings
ORDER VII : PLAINT
Rule-11: Rejection of plaint
Rule-13: Where rejection of plaint does not preclude presentation of fresh plaint
Documents relied on in plaint
Rule-17: Production of shop-book, Original entry to be marked and returned
ORDER VIII : WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM
Rule-1: Written statement
Rule-2: Now facts must be specially pleaded
Rule-3: Denial to be specific
Rule-4: Evasive denial
Rule-5: Specific denial
Rule-6: Particulars of set-off to be given in written statement, Effect of set - off
Rule-6-A: Counter-claim by defendant
Rule-6-B: Counter-claim to be stated
Rule-6-G: Rules relating to written statement to apply
Rule-8: New ground of defence
Rule-9: Subsequent pleading
Rule-10: Procedure when party fails to present written statement called for by Court
ORDER IX : APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE
Rule-3: Where neither party appears, suit to be dismissed
Rule-4: Plaintiff may bring fresh suit or Court may restore suit to file
Rule-6: Procedure when only plaintiff appears
Rule-7: Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
Rule-8: Procedure where defendant only appears
Rule-9: Decree against plaintiff by default bars fresh suit
Rule-10: Procedure in case of non-attendance of one or more of several plaintiffs
Rule-11: Procedure in case of non-attendance of one or more of several defendants
Rule-12: Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
Setting aside decrees ex-parte
Rule-13: Setting aside decree ex-parte against defendant
Rule-14: No decree to be set aside without notice to opposite part
ORDER X : EXAMINATION OF PARTIES BY THE COURT
Rule-1: Ascertainment whether allegation in pleadings are admitted or denied
Rule-1-A: Direction of the Court to opt for any one mode of alternative dispute resolution
Rule-1-B: Appearance before the conciliatory forum or authority
Rule-1-C: Appearance before the Court consequent to the failure of efforts of conciliation
Rule-2: Oral examination of party, or companion of party
Rule-3: Substance of examination to be written
ORDER XI: DISCOVERY AND INSPECTION
Rule-1: Discovery by interrogatories
Rule-6: Objections to interrogatories by answer
Rule-7: Setting aside and striking out interrogatories
Rule-11: Order to answer or answer further
Rule-12: Application for discovery of documents
Rule-16: Notice to produce
Rule-19: Verified copies
Rule-21: Non-compliance with order for discovery
Rule-22: Using answers to interrogatories at trial
ORDER XII: ADMISSION
Rule-2: Notice to admit documents
Rule-2-A: Document to be deemed to be admitted if not denied after service of notice to admit documents
Rule-3: Form of notice
Rule-4: Notice to admit facts
Rule-6: Judgment on admissions
Rule-8: Notice to produce documents
ORDER XIII: PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS
Rule-1: Original documents to be produced at or before the settlement of issues
Rule-10: Court may send for papers from its own record or from other Courts
ORDER XIV: SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
Rule-3: Material from which issues may be framed
Rule-4: Court may examine witnesses or documents before framing issues
Rule-5 Power to amend and strike out issues
ORDER XV: DISPOSAL OF THE SUIT AT THE FIRST HEARING
Rule-4: Failure to produce evidence
ORDER XVI: SUMMONING AND ATTENDANCE OF WITNESSES
Rule-1: List of witnesses and summons to witnesses
Rule-10: Procedure where witness fails to comply with summons
Rule-19: No witness to be ordered to attend in person unless resident within certain limits.
ORDER XVI-A : ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS
Rule-2: Power to require attendance of prisoners to give evidence
Rule-7 Power to issue commission for examination of witness in prison
ORDER XVII: ADJOURNMENTS
Rule-1: Court may grant time and adjourn hearing, Cost of adjournment
ORDER XVIII : HEARING OF THE SUIT AND EXAMINATION OF WITNESSES
Rule-3-A: Party to appear before other witnesses
Rule-11: Questions objection to and allowed by Court
Rule-12: Remarks on demeanour of witnesses
Rule-17: Court may recall and examine witness
Rule-18: Power of Court to inspect
Rule-19: Power to get statements recorded on commission
ORDER XIX: AFFIDAVITS
Rule-1: Power to order any point to be provided by affidavit
Rule-2: Power to order attendance of deponent for cross-examination
ORDER XXI: EXECUTION OF DECREES AND ORDERS
Stay of execution
Rule-26: When Court may stay execution, Power to require security from, or impose conditions upon, judgment -debtor
Rule-29: Stay of execution pending suit between decree -holder and judgment debtor
Mode of execution
Rule-32: Decree for specific performance for restitution of conjugal rights, or for an injunction
Arrest and detention in civil prison
Rule-38: Warrant for arrest to direct judgment - debtor to be brought up
Sale generally
Rule-64: Power to order property attached to be sold and proceeds to be paid to the person entitled
Rule-69: Adjournment or stoppage of sale
Sale of immoveable property
Rule-83: Postponement of sale to enable judgment -debtor to raise amount of decree
Rule-89: Application to set aside sale on deposit
Rule-90: Application to set aside sale on ground of irregularity or fraud
Rule-91: Application by purchaser to set aside sale on ground of judgment -debtor having no saleable interest
Rule-92: Sale when to become absolute or be set aside
Resistance to delivery of possession to decree-holder or purchaser
Rule-106: Setting aside orders passed ex parte, etc.
ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OR PARTIES
Rule-1: No abatement by party's death, if right to sue survives
Rule-7: Suit not abated by marriage of female party
Rule-10-A: Duty of pleader to communicate to Court death of a party
ORDER XXV: SECURITY FOR COSTS
Rule-1: When security for costs may be required from plaintiff
Rule-2: Effect of failure to furnish security
ORDER XXVI: COMMISSIONS
Commissions to examine witnesses
Commissions for local investigations
Rule-9: Commission to make local investigation
Commissions for scientific investigation, performance of ministerial act and sale of movable property
Rule-10-A: Commission for scientific investigation
Commissions to examine accounts
Rule-11: Commission to examine or adjust accounts
Commissions to make partitions
Rule-13: Commission to make partition of immovable property
ORDER XXVII : SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
Rule-1: Suits by or against government
ORDER XXVII-A : SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT
Rule- 1: Notice to the Attorney General or the Advocate-General.
ORDER XXVIII : SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
Rule-1: Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them
ORDER XXIX : SUITS BY OR AGAINST CORPORATIONS
Rule- 1: Subscription and verification of pleading
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
Rule- 1: Representation of beneficiaries In suits concerning property vested in trustees, etc.
ORDER XXXII: SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
Rule-1: Minor to sue by next friend
Rule-4: Who may act as next friend or be appointed guardian for the suit
Rule-9: Removal of next friend
Rule-11: Retirement, removal or death of guardian for the suit
ORDER XXXII-A : SUITS RELATING TO MATTERS CONCERNING THE FAMILY
Rule-1: Application of the Order
Rule-2: Proceedings to be held in camera
Rule-3: Duty of Court to make efforts for settlement
Rule-4: Assistance of welfare expert
Rule-5: Duty to inquire into facts
Rule-6: Family'-Meaning of
ORDER XXXIII: SUITS BY INDIGENT PERSONS
Rule- 1: Suits may be instituted by indigent person
ORDER XXXIV: SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
Rule-1: Parties to suits for foreclosure, sale and redemption
ORDER XXXV: INTERPLEADER
Rule-1: Plaint in interpleaded suit
ORDER XXXVI: SPECIAL CASE
Rule-1: Power to state case for court’s opinion
ORDER XXXVII: SUMMARY PROCEDURE
Rule-1: Courts and classes of suits to which the Order is to apply
Rule-2: Institution of summary suit
Rule-3: Procedure for the appearance of defendant
Rule-4: Power to set aside decree
Rule-5: Power to order bill, etc. to be deposited with officer of Court
Rule-6: Recovery of cost of noting non-acceptance of dishonoured bill or note
Rule-7: Procedure in suits
ORDER XXXVIII: ARREST AND ATTACHMENT BEFORE JUDGMENT
Rule-1: Where defendant may be called upon to furnish security for appearance
Rule-5: Where defendant may be called upon to furnish security for production of property.
Rule-6: Attachment where cause not shown or security not furnished
ORDER XXXIX: TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Rule-1: Cases in which temporary injunction may be granted
Rule-2 : Injunction to restrain repetition or continuance of breach
Rule-2-A: Consequence of disobedience or breach of injunction
ORDER XL: APPOINTMENT OF RECEIVERS
Rule-1: Appointment of receivers
ORDER XLI: APPEALS FROM ORIGINAL DECREES
Stay of proceedings and of execution
Rule-5: Stay by Appellate Court, Stay by Court which passed the decree
Rule-6: Security in case of order for execution of decree appealed from
Procedure on admission of appeal
Rule-10: Appellate Court may require appellant to furnish security for costs, Where appellant resides out of India
Rule-11: Power to dismiss appeal without sending notice to lower court
Procedure on hearing
Rule-17: Dismissal of appeal for appellant's default, Hearing appeal ex parte
Rule-19: Re-admission of appeal dismissed for default
Rule-21: Re-hearing on application of respondent against whom ex parte decree made
Rule-23: Remand of case by Appellate Court
Rule-25: Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
Rule-27: Production of additional evidence in Appellate Court
Rule-28: Mode of taking additional evidence
Rule-29: Points to be defined and recorded
Rule-33: Power of Court of appeal
ORDER XLII: APPEALS FROM APPELLATE DECREES
Rule- 1: Procedure
Rule-2: Power of court to direct that the appeal be heard on the question formulated by it
Rule-3: Application of rule 14 of Order XLI
ORDER XLIII : APPEALS FROM ORDERS
Rule-1: Appeal from orders
Rule-1-A: Right to challenge non-appealable orders in appeal against decrees
Rule-2: Procedure
ORDER XLIV : APPEALS BY INDIGENT PERSONS
Rule- 1: Who may appeal as an indigent person
Rule-2: Grant of time for payment of court fee
Rule-3: Inquiry as to whether applicant is an indigent person
ORDER XLV : APPEALS TO THE SUPREME COURT
Rule-1: “Decree” defined
Rule-2: Application to court whose decree complained of
Rule-3: Certificate as to value or fitness
ORDER XLVI : REFERENCE
Rule- 1: Reference of question of High Court
ORDER XLVII : REVIEW
Rule-1: Application for review of judgment
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