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 shall come into force on the first day of January, 1909. (3) It extends to the whole of India except- (a) the State of Jammu andKeep Reading
Section 2. Definitions. In this Act, unless there is anything repugnant in the subject or context- (1) “Code” includes rules; (2) “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all orKeep Reading
Section 3. Subordination of Courts. For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court. ReadKeep Reading
Section 4. Savings. (1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by orKeep Reading
Section 5. Application of the Code of Revenue Courts. (1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government may, by notification in the Official Gazette, declare that anyKeep Reading
Section 6. Pecuniary jurisdiction. Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction. Read CPC in a better andKeep Reading
Section 7. Provincial Small Cause Courts. The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Laws, 1905, or to Courts exercising the jurisdiction of a Court of Small Causes under the saidKeep Reading
Section 8. Presidency Small Cause Courts. Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76, 77, 157 and 158, and by the Presidency Small Cause Courts Act, 1882, (15 of 1882) the provisions in the body of this Code shall not extend toKeep Reading
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 Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is eitherKeep Reading
Section 10. Stay of suit. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating underKeep Reading
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 substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the sameKeep Reading
Section 12. Bar to further suit. Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.Keep Reading
Section 13. When foreign judgment not conclusive. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a) where it has not been pronounced byKeep Reading
Section 14. Presumption as to foreign judgments. The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may beKeep Reading
Place of suing Section 15. Court in which suits to be instituted. Every suit shall be instituted in the Court of the lowest grade competent to try it. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.Keep Reading
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 recovery of immovable property with or without rent or profits, (b) for the partition of immovable property, (c) for foreclosure, sale or redemption in the caseKeep Reading
