CPC

Service of Summons  9. Delivery of summons by Court. (1) Where the defendant resides within the jurisdiction of the Court in which the suit isRead More →

Section 58. Detention and release. (1) Every person detained in the civil prison in execution of a decree shall be so detained, (a) where theRead More →

Attachment before judgment 5. Where defendant may be called upon to furnish security for production of property. (1) Where, at any stage of a suit,Read More →

3. Court may order defendant or plaintiff to appear in person. (1) where the Court sees reason to require the personal appearance of the defendant,Read More →

33. Discretion of Court in executing decrees for restitution of conjugal rights. (1) Notwithstanding anything in rule 32, the Court, either at the time ofRead More →

32. Decree for specific performance for restitution of conjugal rights, or for an injunction. (1) Where the party against whom a decree for the specificRead More →

3. Procedure in case of death of one of several plaintiffs or of sole plaintiff. (1) Where one of two or more plaintiffs dies andRead More →

20. Substituted service. (1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way forRead More →

7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance. Where the Court has adjourned the hearing ofRead More →

6. Judgment on admissions. (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the CourtRead More →

9. Decree against plaintiff by default bars fresh suit. (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall beRead More →

Section 115 CPC – Revision. (1) The High Court may call for the record of a case which has been decided by any Court subordinate toRead More →

Section 114 CPC – Review. Subject as aforesaid, any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowedRead More →

PART VIII (113-115) – REFERENCE, REVIEW, AND REVISION Section 113 CPC – Reference to High Court. Subject to such conditions and limitations as may beRead More →

Order 10, Rule 1C CPC 1C. Appearance before the Court consequent to the failure of efforts of conciliation. Where a suit is referred under ruleRead More →

Order 10, Rule 1B CPC 1B. Appearance before the conciliatory forum or authority. Where a suit is referred under rule 1A, the parties shall appearRead More →

Order 10, Rule 1A CPC 1A. Direction of the court to opt for any one mode of alternative dispute resolution. After recording the admissions andRead More →

Order 8, Rule 1A 1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. (1) Where the defendantRead More →

Order 5, Rule 9A CPC 9A. Summons given to the plaintiff for service. (1) The Court may, in addition to the service of summons underRead More →

PRELIMINARY (1-8) Section 1. Short title, commencement and extent. (1) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shallRead More →

Section 2. Definitions. In this Act, unless there is anything repugnant in the subject or context- (1) “Code” includes rules;  (2) “Decree” means the formalRead More →

Section 3. Subordination of Courts. For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court ofRead More →

Section 4. Savings. (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwiseRead More →

Section 5. Application of the Code of Revenue Courts. (1) Where any Revenue Courts are governed by the provisions of this Code in those mattersRead More →

Section 6. Pecuniary jurisdiction. Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suitsRead More →

Section 7. Provincial Small Cause Courts. The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 ofRead More →

Section 8. Presidency Small Cause Courts. Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 77, 157 andRead More →

PART I (9-35B) – SUITS IN GENERAL Jurisdiction of the Courts and Res-judicata Section 9. Courts to try all civil suits unless barred. The CourtsRead More →

Section 10. Stay of suit. No Court shall proceed with the trial of any suit in which the matter in issue is also directly andRead More →

Section 11. Res-judicata. No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantiallyRead More →

Section 12. Bar to further suit. Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause ofRead More →

Section 13. When foreign judgment not conclusive. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same partiesRead More →

Section 14. Presumption as to foreign judgments. The Court shall presume upon the production of any document purporting to be a certified copy of aRead More →

Place of suing Section 15. Court in which suits to be instituted. Every suit shall be instituted in the Court of the lowest grade competentRead More →

Section 16. Suits to be instituted where subject-matter situate. Subject to the pecuniary or other limitations prescribed by any law, suits- (a) for the recoveryRead More →

Section 17. Suits for immovable property situate within jurisdiction of different Courts. Where a suit is to obtain relief respecting, or compensation for wrong to,Read More →

Section 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain. (1) Where it is alleged to be uncertain withinRead More →

Section 19. Suits for compensation for wrongs to person or movable. Where a suit is for compensation for wrong done to the person or toRead More →

Section 20. Other suits to be instituted where defendants reside or cause of action arises. Subject to the limitations aforesaid, every suit shall be institutedRead More →

Section 21. Objections to jurisdiction. (1) No objection as to the place of suing shall be allowed by any appellate or Revisional Court unless suchRead More →

Section 21A. Bar on suit to set aside decree on objection as to place of suing. No suit shall lie challenging the validity of aRead More →

Section 22. Power to transfer suits which may be instituted in more than one Court. Where a suit may be instituted in any one ofRead More →

Section 23. To what Court application lies. (1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under sectionRead More →

Section 24. General power of transfer and withdrawal. (1) On the application of any of the parties and after notice to the parties and afterRead More →

Section 25. Power of Supreme Court to transfer suits, etc. (1) On the application of a party, and after notice to the parties, and afterRead More →

Institution of suits Section 26. Institution of suits. Every suit shall be instituted by the presentation of a plaint or in such other manner asRead More →

Summons and Discovery Section 27. Summons to defendants. Where a suit has been duly instituted, a summons may be issued to the defendant to appearRead More →

Section 28. Service of summons where defendant resides in another State. (1) A summons may be sent for service in another State to such CourtRead More →

Section 29. Service of foreign summonses. Summons and other processes issued by- (a) any Civil or Revenue Court established in any part of India toRead More →

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,Read More →

Section 31. Summons to witness. The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents orRead More →

Section 32. Penalty for default. The Court may compel the attendance of any person to whom a summons has been issued under section 30 andRead More →

Judgment and decree Section 33. Judgment and decree. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decreeRead More →

Interest Section 34. Interest. (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,Read More →

Costs Section 35. Costs. (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of law for the time beingRead More →

Section 35A. Compensatory costs in respect of false or vexatious claims or defences. (1) If any suit or other proceedings including an execution proceedings butRead More →

Section 35B. Costs for causing delay. (1) If, on any date fixed for the hearing of a suit or for taking any step therein, aRead More →

PART II (36-74) – EXECUTION General Section 36. Application to orders. The provisions of this Code relating to the execution of decree (including provisions relatingRead More →

Section 37. Definition of Court which passed a decree. The expression “Court which passed a decree“, or words to that effect, shall, in relation toRead More →

Courts by which decrees may be executed. Section 38. Court by which decree may be executed. A decree may be executed either by the courtRead More →

Section 39. Transfer of decree. (1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to anotherRead More →

Section 40. Transfer of decree to Court in another State. Where a decree is sent for execution in another State, it shall be sent toRead More →

Section 41. Result of execution proceedings to be certified. The Court to which a decree is sent for execution shall certify to the Court whichRead More →

Section 42. Powers of Court in executing transferred decree. (1) The Court executing a decree sent to it shall have the same powers in executing suchRead More →

Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend. Any decree passed by any Civil CourtRead More →

Section 44. Execution of decrees passed by Revenue Court in places to which this Code does not extend. The State Government may, by notification inRead More →

Section 44A. Execution of decrees passed by Courts in reciprocating territory. (1) Where a certified copy of decree of any of the superior Courts ofRead More →

Section 45. Execution of decrees outside India. So much of the foregoing sections of this Part as empowers a Court to send a decree forRead More →

STATE AMENDMENTS Pondicherry: After section 45 insert the following- 45A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry.Read More →

Section 46. Precepts. (1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept toRead More →

Questions to be determined by Court executing decree. Section 47. Questions to be determined by the Court executing decree. (1) All questions arising between theRead More →

Limit of time for execution. Section 48. Execution barred in certain cases. Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (with effectRead More →

Transferees and legal representatives. Section 49. Transferee. Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtorRead More →

Section 50. Legal representative. (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to theRead More →

Procedure in execution. Section 51. Powers of Court to enforce execution. Subject to such conditions and limitations as may be prescribed, the Court may, onRead More →

Section 52. Enforcement of decree against legal representative. (1) Where a decree is passed against a party as the legal representative of a deceased person,Read More →

Section 53. Liability of ancestral property. For the purposes of section 50 and section 52, property in the hands of a son or other descendantRead More →

Section 54. Partition of estate or separation of share. Where the decree is for the partition of an undivided estate assessed to the payment ofRead More →

Arrest and detention Section 55. Arrest and detention. (1) A judgment-debtor may be arrested in execution of a decree at any hour and on anyRead More →

Section 56. Prohibition of arrest or detention of women in execution of decree for money. Notwithstanding anything in this Part, the Court shall not orderRead More →

Section 57. Subsistence allowance. The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence ofRead More →

Section 59. Release on ground of illness. (1) At any time after a warrant for the arrest of a judgment-debtor has been issued the CourtRead More →

Attachment Section 60. Property liable to attachment and sale in execution of decree. (1) The following property is liable to attachment and sale in executionRead More →

Section 61. Partial exemption of agricultural produce. The State Government may, by general or special order published in the Official Gazette, declare that such portionRead More →

Section 62. Seizure of property in dwelling-house. (1) No person executing any process under this Code directing or authorising seizure of movable property shall enterRead More →

Section 63. Property attached in execution of decrees of several Courts. (1) Where property not in the custody of any Court is under attachment inRead More →

Section 64. Private alienation of property after attachment to be void. Where an attachment has been made, any private transfer or delivery of the propertyRead More →

Sale Section 65. Purchaser’s title. Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall beRead More →

Section 66. Repealed Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.Read More →

Section 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. (1) The StateRead More →

Delegation to Collector of power to execute decrees against immovable property. Section 68 to Section 72. [Repealed] Rep. by the Code of Civil Procedure (Amendment)Read More →

Distribution of assets Section 73. Proceeds of execution-sale to be rateably distributed among decree-holders. (1) Where assets are held by a Court and more personsRead More →

Resistance to execution Section 74. Resistance to execution. Where the Court is satisfied that the holder of a decree for the possession of immovable property orRead More →

PART III (75-78) – INCIDENTAL PROCEEDINGS Commissions Section 75. Power of court to issue commissions. Subject to such conditions and limitations as may be prescribed,Read More →

Section 76. Commission to another Court. (1) A commission for the examination of any person may be issued to any Court (not being a HighRead More →

Section 77. Letter of request. In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing atRead More →

Section 78. Commissions issued by foreign Courts. Subject to such conditions and limitations as may be prescribed the provisions as to the execution and returnRead More →

PART IV (79-88) – SUITS IN PARTICULAR CASES Suits by or against the Government or public officers in their official capacity. Section 79. Suits by orRead More →

Section 80. Notice. (1) Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the StateRead More →

Section 81. Exemption from arrest and personal appearance. In a suit instituted against a public officer in respect of any act purporting to be doneRead More →

Section 82. Execution of decree. (1) Where, in a suit by or against the Government or by or against a public officer in respect ofRead More →

Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys Section 83. When aliens may sue. Alien enemies residing in India with theRead More →

Section 84. When foreign State may sue. A foreign State may sue in any competent Court: Provided that the object of the suit is toRead More →

Section 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. (1) The Central Government may, at the request ofRead More →

Section 86. Suits against foreign Rulers, Ambassadors and Envoys. (1) No foreign State may be sued in any Court otherwise competent to try the suitRead More →

Section 87. Style of foreign Rulers as parties to suits. The Ruler of a foreign State may sue, and shall be sued, in the nameRead More →

Section 87A. Definitions of “foreign State” and “Ruler”. (1) In this Part,- (a) “foreign State” means any State outside India which has been recognised byRead More →

Suits against Rulers of former Indian States. Section 87B. Applications of sections 85 and 86 to Rulers of former Indian States. (1) In the caseRead More →

Interpleader Section 88. Where interpleader suit may be instituted. Where two or more persons claim adversely to one another the same debts, sum of moneyRead More →

PART V (89-93) -SPECIAL PROCEEDINGS Arbitration Section 89. Arbitration. Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 and Sch. III  Read CPCRead More →

Special case Section 90. Power to state case for opinion of Court. Where any person agree in writing to state a case for the opinionRead More →

Public nuisances and other wrongful acts affecting the public Section 91. Public nuisances and other wrongful acts affecting the public. (1) in the case ofRead More →

Section 92. Public charities. (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitableRead More →

Section 93. Exercise of powers of Advocate General outside presidency towns. The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns,Read More →

PART VI (94-95) – SUPPLEMENTAL PROCEEDINGS Section 94. Supplemental Proceedings. In order to prevent the ends of justice from being, defeated the Court may, ifRead More →

Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient ground. Where, in any suit in which an arrest or attachment has been effectedRead More →

PART VII (96-112) – APPEALS Appeals from original decrees Section 96. Appeal from original decree. (1) Save where otherwise expressly provided in the body ofRead More →

Section 97. Appeal from final decree where no appeal from preliminary decree. Where any party aggrieved by a preliminary decree passed after the commencement ofRead More →

Section 98. Decision where appeal heard by two or more Judges. (1) Where an appeal is heard by a Bench of two or more Judges,Read More →

Section 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. No decree shall be reversed or substantiallyRead More →

Section 99A. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected. Without prejudice to the generalityRead More →

Appeals from appellate decrees. Section 100. Second appeal. (1) Save as otherwise expressly provided in the body of this Code or by any other lawRead More →

Section 100A. No further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument havingRead More →

Section 101. Second appeal on no other grounds. No second appeal shall lie except on the ground mentioned in section 100.  Read CPC in aRead More →

Section 102. No second appeal in certain suits. No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes,Read More →

Section 103. Power of High Court to determine issues of fact. In any second appeal, the High Court may, if the evidence on the recordRead More →

Appeals from orders. Section 104. Orders from which appeal lies. (1) An appeal shall lie from the following orders, and save as otherwise expressly providedRead More →

Section 105. Other orders. (1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise ofRead More →

Section 106. What Courts to hear appeals. Where an appeal from any order is allowed it shall lie to the Court to which an appealRead More →

General provisions relating to appeals. Section 107. Powers of Appellate Court. (1) Subject to such conditions and limitations as may be prescribed, an Appellate CourtRead More →

Section 108. Procedure in appeals from appellate decrees and orders. The provisions of this Part relating to appeals from original decree shall, so far asRead More →

Appeals to the Supreme Court. Section 109. When appeals lie to the Supreme Court. Subject to the provisions in Chapter IV of Part V ofRead More →

Section 110. Value of subject matters. Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973). Read CPC in a better andRead More →

Section 111. Bar of certain appeals. Rep. by the A.O. 1950. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.Read More →

Section 111A. Appeals to Federal Court. Rep. by the Federal Court Act, 1941 (21 of 1941) Read CPC in a better and systematic way. DownloadRead More →

Section 112. Savings. (1) Nothing contained in this Code shall be deemed- (a) to affect the powers of the Supreme Court under article 136 orRead More →

PART IX (116-120) – SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER Section 116. Part to apply only toRead More →

Section 117. Application of Code to High Court. Save as provided in this Part or in Part X or in rules, the provisions of thisRead More →

Section 118. Execution of decree before ascertainment of costs. Where any such High Court considers it necessary that a decree passed in the exercise ofRead More →

Section 119. Unauthorised persons not to address Court. Nothing in this Code shall be deemed to authorise any person on behalf of another to addressRead More →

Section 120. Provisions not applicable to High Court in original civil jurisdiction. (1) The following provisions shall not apply to the High Court in theRead More →

PART X (121-131) – RULES Section 121. Effect of rules in First Schedule. The rules in a First Schedule shall have effect as if enactedRead More →

Section 122. Power of certain High Courts to make rules. High Courts not being the Court of a Judicial Commissioner may, from time to timeRead More →

Section 123. Constitution of Rule Committees in certain States. (1) A committee to be called the Rule Committee, shall be constituted at the town whichRead More →

Section 124. Committee to report to High Court. Every Rule Committee shall make a report to the High Court established at the town at whichRead More →

Section 125. Power of other High Courts to make rules. High Courts, other than the Courts specified in section 122, may exercise the powers conferredRead More →

Section 126. Rules to be subject to approval. Rules made under the foregoing provisions shall be subject to the previous approval of the Government ofRead More →

Section 127. Publication of rules. Rules so made and approved shall be published in the Official Gazette and shall from the date of publication orRead More →

Section 128. Matters for which rules may provide. (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but,Read More →

Section 129. Power of High Court to make rules as to their original Civil Procedure. Notwithstanding anything in this Code, any High Court not beingRead More →

Section 130. Powers of other High Court to make rules as to matters other than procedure. A High Court not being a High Court toRead More →

Section 131. Publication of rules. Rules made in accordance with section 129 or section 130 shall be published in the Official Gazette and shall fromRead More →

PART XI (132-158) – MISCELLANEOUS Section 132. Exemption of certain women from personal appearance. (1) Women who, according to the customs and manners of the country,Read More →

Section 133. Exemption of other persons. (1) The following persons shall be entitled to exemption from personal appearance in Court, namely- (i) the President of India;Read More →

Section 134. Arrest other than in execution of decree. The provisions of sections 55, 57 and 59 shall apply, so far as may be, toRead More →

Section 135. Exemption from arrest under civil process. (1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process whileRead More →

Section 135A. Exemption of members of legislative bodies from arrest and detention under civil process. (1) No person shall be liable to arrest or detentionRead More →

Section 136. Procedure where person to be arrested or property to be attached is outside district. (1) Where an application is made that any personRead More →

Section 137. Language of subordinate Courts. (1) The language which, on the commencement of this Code, is the language of any Court subordinate to aRead More →

Section 138. Power of High Court to require evidence to be recorded in English. (1) The High Court may, by notification in the Official Gazette,Read More →

Section 139. Oath on affidavit by whom to be administered. In the case of any affidavit under this Code- (a) any Court or Magistrate, orRead More →

Section 140. Assessors in causes of salvage etc. (1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it beRead More →

Section 141. Miscellaneous proceedings. The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable,Read More →

Section 142. Orders and notices to be in writing. All orders and notices served on or given to any person under the provisions of thisRead More →

Section 143. Postage. Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registeringRead More →

Section 144. Application for restitution. (1) Where and in so far as a decree or an order is varied or reversed in any appeal, revisionRead More →

Section 145. Enforcement of liability of surety. Where any person has furnished security or given a guarantee- (a) for the performance of any decree orRead More →

Section 146. Proceedings by or against representatives. Save as otherwise provided by this Code or by any law for the time being in force, whereRead More →

Section 147. Consent or agreement by persons under disability. In all suits to which any person under disability is a party, any consent or agreement,Read More →

Section 148. Enlargement of time. Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed byRead More →

Section 148A. Right to lodge a caveat. (1) Where an application is expected to be made, or has been made, in a suit or proceedingsRead More →

Section 149. Power to make up deficiency of court-fees. Where the whole or any part of any fee prescribed for any document by the lawRead More →

Section 150. Transfer of business. Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to whichRead More →

Section 151. Saving of inherent powers of Court. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of theRead More →

Section 152. Amendment of judgments, decrees or orders. Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slipRead More →

Section 153. General power to amend. The Court may at any time and on such terms as to costs or otherwise as it may thinkRead More →

Section 153A. Power to amend decree or order where appeal is summarily dismissed. Where an Appellate Court dismisses an appeal under rule 11 of OrderRead More →

Section 153B. Place of trial to be deemed to be open Court. The place in which any Civil Court is held for the purpose ofRead More →

Section 154. Saving of present right of appeal. Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and Sch. I. ReadRead More →

Section 155. Amendment of certain Acts. Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and Sch. I. Read CPC inRead More →

Section 156. Repeals Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and Sch. II. Read CPC in a betterRead More →

Section 157. Continuance of orders under repealed enactments. Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made andRead More →

Section 158. Reference to Code of Civil Procedure and other repealed enactments. In every enactment or notification passed or issued before the commencement of thisRead More →

ORDER I – PARTIES OF SUITS 1. Who may be joined as plaintiffs. All persons may be joined in one suit as plaintiffs where- (a)Read More →

2. Power of Court to order separate trial. Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trialRead More →

3. Who may be joined as defendants. All persons may be joined in one suit as defendants where- (a) any right to relief in respectRead More →

3A. Power to order separate trials where joinder of defendants may embarrass or delay trial. Where it appears to the Court that any joinder ofRead More →

4. Court may give judgment for or against one or more of joint parties. Judgment may be given without any amendment- (a) for such oneRead More →

5. Defendant need not be interested in all the relief claimed. It shall not be necessary that every defendant shall be interested as to allRead More →

6. Joinder of parties liable on same contract. The plaintiff may, at his option, join as parties to the same suit all or any ofRead More →

7. When plaintiff in doubt from whom redress is to be sought. Where the plaintiff is in doubt as to the person from whom heRead More →

8. One person may sue or defend on behalf of all in same interest. (1) Where there are numerous persons having the same interest inRead More →

8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings. While trying aRead More →

9. Mis-joinder and non-joinder. No suit shall be defeated by reason of the mis-joinder or non-joinder of parties, and the Court may in every suitRead More →

10. Suit in name of wrong plaintiff. (1) Where a suit has been instituted in the name of the wrong person as plaintiff or whereRead More →

10A. Power of Court to request any pleader to address it. The Court may, in its discretion, request any pleader to address it as toRead More →

11. Conduct of suit. The Court may give the conduct of a suit to such persons as it deems proper. Read CPC in a betterRead More →

12. Appearance of one of several plaintiffs or defendants for others. (1) Where there are more plaintiffs than one, any one or more of themRead More →

13. Objections as to non-joinder or mis-joinder. All objections on the ground of non-joinder or mis-joinder of parties shall be taken at the earliest possibleRead More →

ORDER II – FRAME OF SUIT 1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground forRead More →

2. Suit to include the whole claim. (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make inRead More →

3. Joinder of causes of action. (1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against theRead More →

4. Only certain claims to be joined for recovery of immovable property. No cause of action shall, unless with the leave of the Court, beRead More →

5. Claims by or against executor, administrator or heir. No claim by or against an executor, administrator or heir, as such, shall be joined withRead More →

6. Power of Court to separate trials. Where it appears to the Court that the joinder of causes of action in one suit may embarrassRead More →

7. Objections as to mis-joinder. All objections on the ground of mis-joinder of causes of action shall be taken at the earliest possible opportunity and,Read More →

ORDER III – RECOGNISED AGENTS AND PLEADERS 1. Appearances, etc, may be in person, by recognised agent or by pleader. Any appearance, application or actRead More →

2. Recognised agent. The recognised agent of parties by whom such appearances, applications and acts may be made or done are- (a) persons holding powers-of-attorney,Read More →

3. Service of process on recognised agent. (1) Process served on the recognised agent of a party shall be as effectual as if the sameRead More →

4. Appointment of pleader. (1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by suchRead More →

5. Service of process on pleader. Any process served on the pleader who has been duly appointed to act in Court for any party orRead More →

6. Agent to accept service. (1) Besides the recognised agents described in rule 2 any person residing within the jurisdiction of the Court may beRead More →

ORDER IV – INSTITUTION OF SUITS 1. Suit to be commenced by plaint. (1) Every suit shall be instituted by presenting a plaint to theRead More →

2. Register of suits. The Court shall cause the particulars of every suit to be entered in a book to be kept for the purposesRead More →

ORDER IVA – CONSOLIDATION OF CASES 1. Consolidation of suits and proceedings. When two or more suits or proceedings are pending in the same Court,Read More →

ORDER V – ISSUE AND SERVICE OF SUMMONS Issue of Summons 1. Summons. (1) When a suit has been duly instituted a summons may be issuedRead More →

2. Copy or statement annexed to summons. Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a conciseRead More →

4. No party to be ordered to appear in person unless resident with certain limits. No party shall be ordered to appear in person unlessRead More →

5. Summons to be either to settle issues or for final disposal. The Court shall determine, at the time of issuing the summons, whether itRead More →

6. Fixing day for appearance of defendant. The day for the appearance of the defendant shall be fixed with reference to the current business ofRead More →

7. Summons to order defendant to produce documents relied on by him. The summons to appeal and answer shall order the defendant to produce allRead More →

8. On issue of summons for final disposal, defendant to be directed to produce his witnesses. Where the summons is for the final disposal ofRead More →

10. Mode of service. Service of the summons shall be made by delivering or tendering a copy thereof signed by the Judge or such officerRead More →

11. Service on several defendants. Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on eachRead More →

12. Service to be on defendant on person when practicable, or on his agent. Wherever it is practicable service shall be made on the defendantRead More →

13. Service on agent by whom defendant carries on business. (1) In a suit relating to any business or work against a person who doesRead More →

14. Service on agent in charge in suits for immovable property. Where in a suit to obtain relief respecting, or compensation for wrong to, immovableRead More →

15. Where service may be on an adult member of defendant’s family. Where in a suit the defendant is absent from his residence at theRead More →

16. Person served to sign acknowledgement. Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to anRead More →

17. Procedure when defendant refuses to accept service, or cannot be found. Where the defendant or his agent or such other person as aforesaid refusesRead More →

18. Endorsement of time and manner of service. The serving officer shall, in all cases in which the summons has been served under rule 16,Read More →

19. Examination of serving officer. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not beenRead More →

19A. Simultaneous issue of summons for service by post in addition to personal service. (1) The Court shall, in addition to, and simultaneously with, theRead More →

20A. Service of summons by post. Rep. by the Code of Civil Procedure (Amendment) Act, 1976 ( 104 of 1976), s. 55 (w.e.f. 1-2-1977).  ReadRead More →

21. Service of summons where defendant resides within jurisdiction of another Court. A summons may sent by the Court by which it is issued, whetherRead More →

22. Service within presidency-towns of summons issued by Courts outside. Where as summons issued by any Court established beyond the limits of the towns ofRead More →

23. Duty of Court to which summons is sent. The Court to which a summons is sent under rule 21 or rule 22 shall, uponRead More →

24. Service on defendant in prison. Where the defendant is confined in a prison, the summons shall be delivered or sent by post or otherwiseRead More →

25. Service where defendant resides out of India and has no agent. Where the defendant resides out of India and has no agent in IndiaRead More →

26. Service in foreign territory through Political Agent or Court. Where- (a) in the exercise of any foreign jurisdiction vested in the Central Government, aRead More →

26A. Summonses to be sent to officer to foreign countries. Where the Central Government has, by notification in the Official Gazette, declared in respect ofRead More →

27. Service on civil public or on servant of railway officer or on servant of railway company or local authority. Where the defendant is aRead More →

28. Service on soldiers, sailors or airmen. Where the defendant is a soldier, sailor or airman, the Court shall send the summons for service toRead More →

29. Duty of person to whom summons is delivered or sent for service. (1) Where a summons is delivered or sent to any person forRead More →

30. Substitution of letter for summons. (1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge orRead More →

ORDER VI – PLEADINGS GENERALLY 1. Pleading. “Pleading“, shall mean plaint or written statement. Read CPC in a better and systematic way. Download beautiful, colourfulRead More →

2. Pleading to state material facts and not evidence. (1) Every pleading shall contain, and contain only a statement in a concise form of theRead More →

3. Forms of pleading. The forms in Appendix A when applicable, and where they are not applicable forms of the like character, nearly as mayRead More →

FOR COMMERCIAL COURTS- 3A. Forms of pleading in Commercial Courts- In a commercial dispute, where forms of pleadings have been prescribed under the High CourtRead More →

4. Particulars to be given where necessary. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default,Read More →

5. Further and better statement, or particulars. A further and better statement of the nature of the claim or defence, or further and better particularsRead More →

6. Condition precedent. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading byRead More →

7. Departure. No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with theRead More →

8. Denial of contract. Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construedRead More →

9. Effect of document to be stated. Wherever the contents of any document are material, it shall be sufficient in any pleading to state theRead More →

10. Malice, knowledge, etc. Wherever it is material to allege malice, fraudulent intention, knowledge or other condition of the mind of any person, it shallRead More →

11. Notice. Wherever it is material to allege notice to any person of any fact, mater or thing, it shall be sufficient to allege suchRead More →

12. Implied contract, or relation. Wherever any contract or any relation between any persons is to be implied from a series of letters or conversationsRead More →

13. Presumptions of law. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as toRead More →

14. Pleading to be signed. Every pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is,Read More →

14A. Address for service of notice. (1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signedRead More →

15. Verification of pleadings. (1) Save as otherwise provided by any law for the time being in force, every pleading shall be varied at theRead More →

FOR COMMERCIAL COURTS- (15A) Verification of pleadings in a commercial dispute- (1) Notwithstanding anything contained in Rule 15, every pleading in a commercial dispute shallRead More →

16. Striking out pleadings. The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-Read More →

17. Amendment of pleadings. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such mannerRead More →

18. Failure to amend after order. If a party who has obtained an order for leave to amend does not amend accordingly within the timeRead More →

ORDER VII – PLAINT 1. Particulars to be contained in plaint. The plaint shall contain the following particulars- (a) the name of the Court inRead More →

2. In money suits. Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed: But where the plaintiff sueRead More →

3. Where the subject-matter of the suit is immovable property. Where the subject-matter of the suit is immovable property, the plaint shall contain a descriptionRead More →

4. When plaintiff sues as representative. Where the plaintiff sues in a representative character the plaint shall show not only that he has an actualRead More →

5. Defendant’s interest and liability to be shown. The plaint shall show that the defendant is or claims to be interested in subject-matter, and thatRead More →

6. Grounds of exemption from limitation law. Where the suit is instituted after the expiration of the period prescribed by the law of limitation, theRead More →

7. Relief to be specifically stated. Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and itRead More →

8. Relief founded on separate ground. Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate andRead More →

9. Procedure on admitting plaint— concise statement. (1) The plaintiff shall endorse on the pliant, or annex thereto, a list of the documents (if any)Read More →

10. Return of plaint. (1) Subject to the provisions of rule 10A, the plaint shall at any state of the suit be returned to beRead More →

10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return. (1) Where, inRead More →

10B. Power of appellate Court to transfer suit to the proper Court. (1) Where, on an appeal against an order for the return of plaint,Read More →

12. Procedure on rejecting plaint. Where a plaint is rejected the Judge shall record an order to that effect with the reasons for such order.Read More →

13. Where rejection of plaint does not preclude presentation of fresh plaint. The rejection of the plaint on any of the grounds herein before mentionedRead More →

Documents relied on in plaint. 14. Production of document on which plaintiff sues. (1) Where a plaintiff sues upon a document in his possession orRead More →

15. Statement in case of documents not in plaintiff’s possession or power. Where any such document is not in the possession or power of theRead More →

16. Suits on lost negotiable instruments. Where the suit is founded upon a negotiable instrument, and it is proved that the instrument is lost, andRead More →

17. Production of shop-book. (1) Save in so far as is otherwise provided by the Bankers’ Books Evidence Act, 1891 (18 of 1891), where theRead More →

18. Inadmissibility of document not produced when plaint filed. (1) A document which ought to be produced in Court by the plaintiff when the plaintRead More →

ORDER VIII – WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM 1. Written statement. (1) The defendant shall, at or before the first hearing or within such timeRead More →

2. New facts must be specially pleaded. The defendant must raise by his pleading all matters which show the suit not be maintainable, or thatRead More →

3. Denial to be specific. It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by theRead More →

4. Evasive denial. Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point ofRead More →

5. Specific denial. (1) Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admittedRead More →

6. Particulars of set-off to be given in written statement. (1) Where in a suit for the recovery of money the defendant claims to set-offRead More →

6A. Counter-claim by defendant. (1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up,Read More →

6B. Counter-claim to be stated. Where any defendant seeks to rely upon any ground as supporting a right of counter-claim, he shall, in his writtenRead More →

6C. Exclusion of counter-claim. Where a defendant sets up a counter-claim and the plaintiff contends that the claim thereby raised ought not to be disposedRead More →

6D. Effect of discontinuance of suit. If in any case in which the defendant sets up a counter-claim, the suit of the plaintiff is stayed,Read More →

6E. Default of plaintiff to reply to counter-claim. If the plaintiff makes default in putting in reply to the counter-claim made by the defendant, theRead More →

6F. Relief to defendant where counter-claim succeeds. Where in any suit a set-off or counter-claim is established as defence against the plaintiff’s claim and anyRead More →

6G. Rules relating to written statement to apply. The rules relating to a written statement by a defendant shall apply to a written statement filedRead More →

7. Defence or set-off founder upon separate grounds. Where the defendant relies upon several distinct grounds of defence or set-off or counter-claim founded separate andRead More →

8. New ground of defence. Any ground of defence which has arisen after the institution of the suit or the presentation of a written statementRead More →

8A. Duty of defendant to produce documents upon which relief is claimed by him. (1) Where a defendant bases his defence upon a document inRead More →

9. Subsequent pleadings. No pleading subsequent to the written statement of a defendant other than by way of defence to a set-off or counter-claim shallRead More →

10. Procedure when party fails to present written statement called for by Court. Where any party from whom a written statement is required under ruleRead More →

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.Read More →

2. Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost. Where on the day so fixed it is foundRead More →

3. Where neither party appears, suit to be dismissed. Where neither party appears when the suit is called on for hearing, the Court may makeRead More →

4. Plaintiff may bring fresh suit or Court may restore suit to file. Where a suit is dismissed under rule 2 or rule 3, theRead More →

5. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons. (1) Where after a summons hasRead More →

6. Procedure when only plaintiff appears. (1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing,Read More →

8. Procedure where defendant only appears. Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, theRead More →

10. Procedure in case of non-attendance of one or more of several plaintiffs. Where there are more plaintiffs than one, and one or more ofRead More →

12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person. Where a plaintiff or defendant, who has been ordered toRead More →

Setting aside decrees ex parte. 13. Setting aside decree ex parte against defendant. In any case in which a decree is passed ex parte againstRead More →

14. No decree to be set aside without notice to opposite party. No decree shall be set aside on any such application as aforesaid unlessRead More →

ORDER X CPC – EXAMINATION OF PARTIES BY THE COURT 1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing ofRead More →

2. Oral examination of party, or companion of party. (1) At the first hearing of the suit, the Court- (a) shall, with a view to elucidatingRead More →

3. Substance of examination to be written. The substance of the examination shall be reduced to writing by the Judge, and shall form part ofRead More →

4. Consequence of refusal or inability of pleader to answer. (1) Where the pleader of any party who appears by a pleader or any suchRead 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 →

2. Particular interrogatories to be submitted. On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted toRead More →

3. Costs of interrogatories. In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety ofRead More →

4. Form of interrogatories. Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require. Read CPC in aRead More →

5. Corporations. Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sueRead More →

6. Objections to interrogatories by answer. Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bonaRead More →

7. Setting aside and striking out interrogatories. Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, orRead More →

8. Affidavit in answer, filing. Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the CourtRead More →

9. Form of affidavit in answer. An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations asRead More →

10. No exception to be taken. No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavitRead More →

11. Order to answer or answer further. Where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the CourtRead More →

12. Application for discovery of documents. Any party may, without filing any affidavit, apply to the Court for an order directing any other party toRead More →

13. Affidavit of documents. The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule hasRead More →

14. Production of documents. It shall be lawful for the Court, at any time during the pendency of any suit, to order the production byRead More →

15. Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall be entitled at any time to give notice toRead More →

16. Notice to produce. Notice to any party to produce any documents referred to in his pleading or affidavits shall be in Form No. 7Read More →

17. Time for inspection when notice given. The party to whom such notice is given shall, within ten days from the receipt of such notice,Read More →

18. Order for inspection. (1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection orRead More →

19. Verified copies. (1) Where inspection of any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection ofRead More →

20. Premature discovery. Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, theRead More →

21. Non-compliance with order for discovery. (1) Where any party fails to comply with any order to answer interrogatories, or for discovery or inspection ofRead More →

22. Using answers to interrogatories at trial. Any party may, at the trial of a suit, use in evidence any one or more of theRead More →

23. Order to apply to minors. This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suitRead More →

ORDER XII – ADMISSION 1. Notice of admission of case. Any party to a suit may give notice, by his pleading, or otherwise in writing,Read More →

2. Notice to admit documents. Either party may call upon the other party to admit, within fifteen days from the date of service of theRead More →

2A. Document to be deemed to be admitted if not divided after service of notice to admit documents. (1) Every document which a party isRead More →

3. Form of notice. A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.Read More →

3A. Power of Court to record admission. Notwithstanding that no notice to admit documents has been given under rule 2, the Court, may at anyRead More →

4. Notice to admit acts. Any party, may, by notice in writing, at any time not later than nine days before the day fixed forRead More →

5. Form of admissions. A notice to admit facts shall be in Form No. 10 in Appendix C, and admissions of facts shall be inRead More →

7. Affidavit of signature. An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any noticeRead More →

8. Notice to produce documents. Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require.Read More →

9. Costs. If a notice to admit or produce specifies documents which are not necessary, the costs occasioned thereby, shall be borne by the partyRead More →

ORDER XIII – PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS 1. Documentary evidence to be produced at or before the settlement of issues. (1) The parties orRead More →

2. Effect of non-production of documents. (1) No documentary evidence in the possession or power of any party which should have been, but has notRead More →

3. Rejection of irrelevant or inadmissible documents. The Court may at any stage of the suit reject any document which it considers irrelevant or otherwiseRead More →

4. Endorsements on documents admitted in evidence. (1) Subject to the provisions of the next following sub-rule, there shall be endorsed on every document whichRead More →

5. Endorsements on copies of admitted entries in books, accounts and records. (1) Save in so far as is otherwise provided by the Bankers’ BooksRead More →

6. Endorsements on documents rejected as inadmissible in evidence. Where a document relied on as evidence by either party is considered by the Court toRead More →

7. recording of admitted and return or rejected documents. (1) Every document which has been admitted in evidence or a copy thereof where a copyRead More →

8. Court may order any document to be impounded. Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17Read More →

9. Return of admitted documents. (1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by himRead More →

10. Court may send for papers from its own records or from other Courts. (1) The Court may of its own motion, and may inRead More →

11. Provisions as to documents applied to material objects. The provisions therein contained as to documents shall, so far as may be, apply to allRead More →

ORDER XIV – SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON 1. Framing of issues. (1) IssuesRead More →

2. Court to pronounce judgment on all issues. (1) Notwithstanding that a case may be disposed of on preliminary issue, the Court shall, subject toRead More →

3. Materials from which issues may be framed. The Court may frame the issues from all or any of the following materials- (a) allegations madeRead More →

4. Court may examine witnesses or documents before framing issues. Where the Court is of opinion that the issues cannot be correctly framed without theRead More →

5. Power to amend and strike out, issues. (1) The Court may at any time before passing a decree amend the issues or frame additionalRead More →

6. Questions of fact or law may by agreement be stated in form of issues. Where the parties to a suit are agreed as toRead More →

7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment. Where the Court is satisfied, after making such inquiry as itRead More →

ORDER XV – DISPOSAL OF THE SUIT AT THE FIRST HEARING 1. Parties not at issue. Where at the first hearing of a suit itRead More →

2. One of several defendants not at issue. (1) Where there are more defendants than one, and any one of the defendants is not atRead More →

3. Parties at issue. (1) Where the parties are at issue on some question of law or of fact, and issues have been frame byRead More →

4. Failure to produce evidence. Where the summons has been issued for the final disposal of the suit and either party fails without sufficient causeRead More →

ORDER XVI – SUMMONING AND ATTENDANCE OF WITNESSES 1. List of witnesses and summons to witnesses. (1) On or before such date as the CourtRead More →

1A. Production of witnesses without summons. A subject to the provisions of sub-rule (3) of rule 1, and party to the suit may, without applyingRead More →

2. Expenses of witnesses to be paid into Court on applying for summons. (1) The party applying for a summons shall, before the summons isRead More →

3. Tender of expenses to witness. The sum so paid into Court shall be tendered to the person summoned, at the time of serving theRead More →

4. Procedure where insufficient sum paid in. (1) Where it appears to the Court or to such officer as it appoints in this behalf thatRead More →

5. Time, place and purpose of attendance to be specified in summons. Every summons for the attendance of a person to give evidence or toRead More →

6. Summons to produce document. Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merelyRead More →

7. Power to require persons present in Court to give evidence or produce document. Any person present in Court may be required by the CourtRead More →

7A. Summons given to party for service. (1) The Court may, on the application of any party for the issue of a summons for theRead More →

8. Summons how served. Every summons under this Order, not being a summons delivered to a party for service under rule 7A, shall be servedRead More →

9. Time for serving summons. Service shall in all cases be made a sufficient time before the time specified in the summons for the attendanceRead More →

10. Procedure whose witness fails to comply with summons. (1) Where a person to whom a summons has been issued either to attend to giveRead More →

11. If witness appears attachment may be withdrawn. Where at any time after the attachment of his property, such person appears and satisfies the Court-Read More →

12. Procedure if witness fails to appear. (1) The Court may, where such person does not appear, or appears but fails so to satisfy the Court,Read More →

13. Mode of attachment. The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far asRead More →

14. Court may of its own accord summon as witnesses strangers to suit. Subject to the provisions of this Code as to attendance and appearanceRead More →

15. Duty of persons summoned give evidence or produce document. Subject as last aforesaid, whoever is summoned to appear and give evidence in a suitRead More →

16. When they may depart. (1) A person so summoned and attending shall, unless the Court otherwise directs, attend at each hearing until the suitRead More →

17. Application of rules 10 to 13. The provisions of rules 10 to 13 shall, so far as they are applicable, be deemed to applyRead More →

18. Procedure where witness apprehended cannot give evidence or produce document. Where any person arrested under a warrant is brought before the Court in custodyRead More →

19. No witness to be ordered to attend in person unless resident within certain limits. No one shall be ordered to attend in person toRead More →

20. Consequence of refusal of party to give evidence when called on by Court. Where any party to a suit present in Court refuses, withoutRead More →

21. Rules as to witnesses to apply to parties summoned. Where any party to a suit is required to give evidence or to produce aRead More →

ORDER XVIA – ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS  1. Definitions. In this Order- (a) “detained” includes detained under any law providing forRead More →