Civil Procedure Code, 1908

SUITS IN GENERAL – PART I – SECTION 9-35B – CPC Jurisdiction of the Courts and Res-judicata Section 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 whichKEEP READING

EXECUTION – PART II – Section 36 to 74 – CIVIL PROCEDURE CODE (CPC) General Section 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 applyKEEP READING

INCIDENTAL PROCEEDINGS – PART III, Section 75-78 of CIVIL PROCEDURE CODE (CPC) Commissions Section 75. Power of court to issue commissions. Subject to such conditions and limitations as may be prescribed, the court may issue a commission- (a) to examine any person; (b) to make a local investigation; (c) toKEEP READING

SUITS IN PARTICULAR CASES – PART IV, Section 79 to 88 of CIVIL PROCEDURE CODE (CPC) Suits by or against the Government or public officers in their official capacity. Section 79. Suits by or against Government. In a suit by or against the Government, the authority to be named asKEEP READING

SPECIAL PROCEEDINGS – PART V, Section 89-93 of CIVIL PROCEDURE CODE (CPC) Arbitration Section 89. [Arbitration] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 and Sch. III  Special case Section 90. Power to state case for opinion of Court. Where any person agree in writing to stateKEEP READING

SUPPLEMENTAL PROCEEDINGS – PART VI, Section 94-95 of CIVIL PROCEDURE CODE (CPC) Section 94. Supplemental Proceedings. In order to prevent the ends of justice from being, defeated the Court may, if it is to prescribed,- (a) issue a warrant to arrest the defendant and bring him before the Court toKEEP READING

APPEALS – PART VII, Section 96-112 of CIVIL PROCEDURE CODE (CPC) Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from everyKEEP READING

REFERENCE, REVIEW, AND REVISION – PART VIII, Section 113-115 of CIVIL PROCEDURE CODE (CPC) Section 113. Reference to High Court. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the HighKEEP READING

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER – PART IX, Section 116-120 of CIVIL PROCEDURE CODE (CPC) Section 116. Part to apply only to certain High Courts. This Part applies only to High Courts not being the Court of a Judicial Commissioner.KEEP READING

RULES – PART X, Section 121-131 of CIVIL PROCEDURE CODE (CPC) Section 121. Effect of rules in First Schedule. The rules in First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part. Section 122.KEEP READING

MISCELLANEOUS – PART XI, Section 132-158 of CIVIL PROCEDURE CODE (CPC) Section 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court. (2) NothingKEEP READING

ORDER I of CIVIL PROCEDURE CODE (CPC) – PARTIES TO SUITS 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of actsKEEP READING

ORDER II of CIVIL PROCEDURE CODE (CPC) – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. 2. Suit to include the wholeKEEP READING

ORDER III of CIVIL PROCEDURE CODE (CPC) – RECOGNISED AGENTS AND PLEADERS 1. Appearances, etc, may be in person, by recognised agent or by pleader. Any appearance, application or act in or to any Court, required or authorised by law to be made or done by a party in suchKEEP READING

ORDER IV of CIVIL PROCEDURE CODE (CPC) – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting a plaint to the Court or such officer as it appoints in this behalf.  (2) Every plaint shall comply with the rules contained inKEEP READING

ORDER V of CIVIL PROCEDURE CODE (CPC) – ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. (1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified: Provided that no suchKEEP READING

ORDER VI of CIVIL PROCEDURE CODE (CPC) – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. 2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and contain only a statement in a concise form of the material facts on which the partyKEEP READING

ORDER VII of CIVIL PROCEDURE CODE (CPC) – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) the name of the Court in which the suit is brought; (b) the name, description and place of residence of the plaintiff; (c) the name, descriptionKEEP READING

ORDER VIII of CIVIL PROCEDURE CODE (CPC) – WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. (2) Save as otherwise provided in rule 8A,KEEP READING

ORDER IX of CIVIL PROCEDURE CODE (CPC) – APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE 1. Parties to appear on day fixed in summons for defendant to appear and answer. On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendanceKEEP READING

ORDER X of CIVIL PROCEDURE CODE (CPC) – EXAMINATION OF PARTIES BY THE COURT 1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of factKEEP READING

ORDER XI of CIVIL PROCEDURE CODE (CPC) – DISCOVERY AND INSPECTION 1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatoriesKEEP READING

ORDER XII of CIVIL PROCEDURE CODE (CPC) – ADMISSION 1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party. 2. NoticeKEEP READING

ORDER XIII of CIVIL PROCEDURE CODE (CPC) – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Documentary evidence to be produced at or before the settlement of issues. (1) The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in theirKEEP READING

ORDER XIV of CIVIL PROCEDURE CODE (CPC) – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON 1. Framing of issues. (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.KEEP READING

ORDER XV of CIVIL PROCEDURE CODE (CPC) – DISPOSAL OF THE SUIT AT THE FIRST HEARING 1. Parties not at issue. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may atKEEP READING

ORDER XVI of CIVIL PROCEDURE CODE (CPC) – SUMMONING AND ATTENDANCE OF WITNESSES 1. List of witnesses and summons to witnesses. (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shallKEEP READING

ORDER XVIA of CIVIL PROCEDURE CODE (CPC) – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS  1. Definitions. In this Order- (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes- (i) any place which has been declared by the State Government, by general or specialKEEP READING

ORDER XVII of CIVIL PROCEDURE CODE (CPC) – ADJOURNMENTS 1. Court may grant time and adjourn hearing. (1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn theKEEP READING

ORDER XVIII of CIVIL PROCEDURE CODE (CPC) – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES 1. Right to begin. The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contends that either in point of law or on some additional factsKEEP READING

ORDER XIX of CIVIL PROCEDURE CODE (CPC) – AFFIDAVITS 1. Power to order any point to be proved by affidavit. Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may beKEEP READING

ORDER XX of CIVIL PROCEDURE CODE (CPC) – JUDGMENT AND DECREE 1. Judgment when pronounced. (1) The Court, after the case has been shall pronounce judgment in open Court either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is toKEEP READING

ORDER XXA of CIVIL PROCEDURE CODE (CPC) – COSTS 1. Provisions relating to certain items. Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of- (a) expenditure incurred for the giving of any notice required to be givenKEEP READING

ORDER XXI of CIVIL PROCEDURE CODE (CPC) – EXECUTION OF DECREES AND ORDERS Payment under decree. 1. Modes of paying money under decree. (1) All money, payable under a decree shall be paid as follows, namely- (a) by deposit into the Court whose duty it is to execute the decree,KEEP READING

Arrest and detention in the civil prison. 37. Discretionary power to permit judgment debtor to show cause against detention in prison. (1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civilKEEP READING

Adjudication of claims and objections. 58. Adjudication of claims to, or objections to attachment of, property. (1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable toKEEP READING

ORDER XXII of CIVIL PROCEDURE CODE (CPC) – DEATH, MARRIAGE AND INSOLVENCY OF PARTIES 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 abate if the right to sue survives. 2. Procedure where one ofKEEP READING

ORDER XXIII of CIVIL PROCEDURE CODE (CPC) – WITHDRAWAL AND ADJUSTMENT OF SUITS 1. Withdrawal of suit or abandonment of part of claim. (1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon aKEEP READING

ORDER XXIV of CIVIL PROCEDURE CODE (CPC) – PAYMENT INTO COURT 1. Deposit by defendant of amount in satisfaction of claim. The defendant in any suit to recover a debt or damage may, at any stage of the suit, deposit in Court such sum of money as he considers aKEEP READING

ORDER XXV of CIVIL PROCEDURE CODE (CPC) – SECURITY FOR COSTS 1. When security for costs may be required from plaintiff. (1) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to beKEEP READING

ORDER XXVI of CIVIL PROCEDURE CODE (CPC) – COMMISSIONS Commissions to examine witnesses. 1. Cases in which Court may issue commission to examine witness. Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of itsKEEP READING

ORDER XXVII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 1. Suits by or against Government. In any suit by or against the Government the plaint or written statement shall be signed by such person as the Government may,KEEP READING

ORDER XXVIIA of CIVIL PROCEDURE CODE (CPC) – SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THEIR VALIDITY OF ANY STATUTORY INSTRUMENT 1. Notice to the Attorney General or the Advocate-General. In any suit in which it appears to the CourtKEEP READING

ORDER XXVIII of CIVIL PROCEDURE CODE (CPC) – 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. (1) Where any officer, soldier, sailor or airman, actual serving under theKEEP READING

ORDER XXIX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST CORPORATIONS 1. Subscription and verification of pleading. In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the security or by any director or other principal officer ofKEEP READING

ORDER XXX of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN 1. Suing of partners in name of firm. (1) Any two or more persons claiming or being liable as partners and carrying on business, in IndiaKEEP READING

ORDER XXXI of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested inKEEP READING

ORDER XXXII of CIVIL PROCEDURE CODE (CPC) – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minor shall be Instituted in his name by a person who in such suit shall be called the next friend ofKEEP READING

ORDER XXXIIA of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MATTERS CONCERNING THE FAMILY 1. Application of the Order. (1) The provision of this Order shall apply to suits or proceedings relating to matters concerning the family.  (2) In particular, and without prejudice to the generality of the provisionsKEEP READING

ORDER XXXIII of CIVIL PROCEDURE CODE (CPC) – SUITS BY INDIGENT PERSONS 1. Suits may be instituted by indigent person. Subject to the following provisions, any suit may be instituted by an indigent person. Explanation I- A person is an indigent person,- (a) if he is not possessed of sufficientKEEP READING

ORDER XXXIV of CIVIL PROCEDURE CODE (CPC) – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY 1. Parties to suits for foreclosure sale and redemption. Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined asKEEP READING

ORDER XXXV of CIVIL PROCEDURE CODE (CPC) – INTERPLEADER  1. Plaint in interpleader-suit. In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state- (a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs; (b)KEEP READING

ORDER XXXVI of CIVIL PROCEDURE CODE (CPC) – SPECIAL CASE 1. Power to state case for Court’s opinion. (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a caseKEEP READING

ORDER XXXVII of CIVIL PROCEDURE CODE (CPC) – SUMMARY PROCEDURE 1. Courts and classes of suits to which the Order is to apply. (1) This Order shall apply to the following Court, namely- (a) High Courts, City Civil Courts and Courts of Small Causes; and (b) other Courts; Provided thatKEEP READING

ORDER XXXVIII of CIVIL PROCEDURE CODE (CPC) – ARREST AND ATTACHMENT BEFORE JUDGEMENT Arrest before judgment  1. Where defendant may be called upon to furnish security for appearance. Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) toKEEP READING

ORDER XXXIX of CIVIL PROCEDURE CODE (CPC) – TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS. Temporary injunctions. 1. Cases in which temporary injunction may be granted. Where in any suit it is proved by affidavit or otherwise- (a) that any property in dispute in a suit is in danger of being wasted, damagedKEEP READING

ORDER XL of CIVIL PROCEDURE CODE (CPC) – APPOINTMENT OF RECEIVERS. 1. Appointment of receivers. (1) Where it appears to the Court to be just and convenient, the Court may by order- (a) appointment a receiver of any property, whether before or after decree; (b) remove any person from theKEEP READING

ORDER XLI of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORIGINAL DECREES 1. Form of appeal. What to accompany memorandum. (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as itKEEP READING

ORDER XLII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM APPELLATE DECREES 1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. 2. Power of Court to direct that the appeal be heard on the question formulated by it. At theKEEP READING

ORDER XLIII of CIVIL PROCEDURE CODE (CPC) – APPEALS FROM ORDERS 1. Appeal from orders. An appeal shall lie from the following orders under the provisions of section 104, namely- (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court [exceptKEEP READING

ORDER XLIV of CIVIL PROCEDURE CODE (CPC) – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal,KEEP READING

ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. 2. Application to Court whose complained of. (1) Whoever desires to appeal theKEEP READING

ORDER 46 of CIVIL PROCEDURE CODE (CPC) – REFERENCE. 1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of lawKEEP READING

ORDER XLVII of CIVIL PROCEDURE CODE (CPC) – REVIEW. 1. Application for review of judgment. (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which noKEEP READING

ORDER XLVIII of CIVIL PROCEDURE CODE (CPC) – MISCELLANEOUS. 1. Process to be served at expense of party issuing. (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs. (2) Costs of service-KEEP READING

ORDER XLIX of CIVIL PROCEDURE CODE (CPC) – CHARTERED HIGH COURTS. 1. Who may serve processes of High Court. Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary andKEEP READING

ORDER L of CIVIL PROCEDURE CODE (CPC) – PROVINCIAL SMALL CAUSE COURTS. 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to CourtsKEEP READING

ORDER LI of CIVIL PROCEDURE CODE (CPC) – PRESIDENCY SMALL CAUSE COURTS. 1. Presidency Small Cause Courts. Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882KEEP READING