Civil Procedure Code, 1908

THE CODE OF CIVIL PROCEDURE, 1908 Act Number 5 of 1908 [21st March, 1908] An Act to consolidate and amend the laws relating to theRead More →

SUITS IN GENERAL Jurisdiction of the Courts and res judicata 9. Courts to try all civil suits unless barred. The Courts shall (subject to theRead More →

EXECUTION General 36. Application to orders. The provisions of this Code relating to the execution of decrees (including provisions relating to payment under a decree)Read More →

INCIDENTAL PROCEEDINGS Commissions 75. Power of Court to issue commissions. Subject to such conditions and limitations as may be prescribed, the Court may issue aRead More →

SUITS IN PARTICULAR CASES Suits By Or Against The Government Or Public Officers In Their Official Capacity 79. Suits by or against Government. In aRead More →

SPECIAL PROCEEDINGS Arbitration 89. Settlement of disputes outside the Court. (1) Where it appears to the Court that there exist elements of a settlement whichRead More →

SUPPLEMENTAL PROCEEDINGS 94. Supplemental proceedings. In order to prevent the ends of justice from being defeated, the Court may, if it is so prescribed,— (a)Read More →

APPEALS Appeals from original decrees 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by anyRead More →

REFERENCE, REVIEW, AND REVISION 113. Reference to High Court. Subject to such conditions and limitations as may be prescribed, any Court may state a caseRead More →

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER 116. Part to apply only to certain High Courts. ThisRead More →

RULES 121. Effect of rules in First Schedule. The rules in the First Schedule shall have effect as if enacted in the body of thisRead More →

MISCELLANEOUS 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country, ought not to beRead More →

THE FIRST SCHEDULE 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where— (a) any right toRead More →

1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects inRead More →

1. Appearances, etc., may be in person, by recognized agent or by pleader. Any appearance, application or act in or to any Court, required orRead More →

1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting plaint in duplicate to the Court or such officer asRead More →

Issue of Summons 1. Summons. (1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answerRead More →

1. Pleading. “Pleading” shall mean plaint or written statement. 2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and containRead More →

1. Particulars to be contained in plaint. The plaint shall contain the following particulars:— (a) the name of the Court in which the suit isRead More →

1. Written Statement. The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:Read More →

1. Parties to appear on day fixed in summons for defendant to appear and answer. On the day fixed in the summons for the defendantRead More →

1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing of the suit the Court shall ascertain from each party orRead More →

ORDER XI – DISCOVERY AND INSPECTION 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatoriesRead More →

1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits theRead More →

1. Original documents to be produced at or before the settlement of issues. (1) The parties or their pleader shall produce on or before theRead More →

1. Framing of issues. (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by theRead More →

ORDER XV – DISPOSAL OF THE SUIT AT THE FIRST HEARING This Order is Omitted by Act 4 of 2016, s. 16 and Sch., ShallRead More →

1. List of witnesses and summons to witnesses. (1) On or before such date as the Court may appoint, and not later than fifteen daysRead More →

1. Definitions. In this Order,— (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes— (i) any place which has beenRead More →

1. Court may grant time and adjourn hearing. (1) The court may, if sufficient cause is shown, at any stage of the suit, grant timeRead More →

1. Right to begin. The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that eitherRead More →

1. Power to order any point to be proved by affidavit. Any Court may at any time for sufficient reason order that any particular factRead More →

1. Judgment when pronounced.*** (1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or asRead More →

1. Provisions relating to certain items. Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costsRead More →

Payment under Decree 1. Modes of paying money under decree. (1) All money, payable under a decree shall be paid as follows, namely:— (a) byRead More →

1. No abatement by party’s death if right to sue survives. The death of a plaintiff or defendant shall not cause the suit to abateRead More →

1. Withdrawal of suit or abandonment of part of claim. (1) At any time after the institution of a suit, the plaintiff may as againstRead More →

1. Deposit by defendant of amount in satisfaction of claim. The defendant in any suit to recover a debt or damages may, at any stageRead More →

1. When security for costs may be required from plaintiff. (1) At any stage of a suit, the Court may, either of its own motionRead More →

Commissions to examine witnesses 1. Cases in which Court may issue commission to examine witness. Any Court may in any suit issue a commission forRead More →

1. Suits by or against Government. In any suit by or against the Government, the plaint or written statement shall be signed by such personRead More →

ORDER XXVII A – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANYRead More →

ORDER XXVIII – SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authoriseRead More →

ORDER XXIX – SUITS BY OR AGAINST CORPORATIONS 1. Subscription and verification of pleading. In suits by or against a corporation, any pleading may beRead More →

ORDER XXX – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 1. Suing of partners in nameRead More →

ORDER XXXI – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vested in trustees, etc. In allRead More →

ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minorRead More →

ORDER XXXII-A – SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1. Application of the Order. (1) The provisions of this Order shall apply to suitsRead More →

ORDER XXXIII – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent persons. Subject to the following provisions, any suit may be institutedRead More →

ORDER XXXIV – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. Subject to the provisions of thisRead More →

ORDER XXXV – INTERPLEADER 1. Plaint in interpleader suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary forRead More →

ORDER XXXVI – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any questionRead More →

ORDER XXXVII – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to theRead More →

ORDER XXXVIII – ARREST AND ATTACHMENT BEFORE JUDGMENT Arrest before judgment 1. Where defendant may be called upon to furnish security for appearance. Where atRead More →

ORDER XXXIX – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS Temporary injunctions 1. Cases in which temporary injunction may be granted. Where in any suit it isRead More →

ORDER XL – APPOINTMENT OF RECEIVERS 1. Appointment of receivers. (1) Where it appears to the Court to be just and convenient, the Court mayRead More →

ORDER XLI – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall be preferred in the form ofRead More →

ORDER XLII – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from appellateRead More →

ORDER XLIII – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under the provisions of section 104, namely:—Read More →

ORDER XLIV – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. (1) Any person entitled to prefer an appeal, who isRead More →

ORDER XLV – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, theRead More →

ORDER XLVI – REFERENCE 1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal in whichRead More →

ORDER XLVII – REVIEW 1. Application for review of judgment. (1) Any person considering himself aggrieved— (a) by a decree or order from which anRead More →

ORDER XLVIII – MISCELLANEOUS 1. Process to be served at expense of party issuing. (1) Every process issued under this Code shall be served atRead More →

ORDER XLIX – CHARTERED HIGH COURTS 1. Who may serve processes of High Court. Notice to produce documents, summonses to witnesses, and every other judicalRead More →

ORDER L – PROVINCIAL SMALL CAUSE COURTS 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Court constituted under the ProvincialRead More →

ORDER LI – PRESIDENCY SMALL CAUSE COURTS 1. Presidency Small Cause Courts. Save as provided in rules 22 and 23 of Order V, rules 4Read More →