CPC (Page 2)

2. Power to require attendance of prisoners to give evidence. Where it appears to a Court that the evidence of a person confined or detainedRead More →

3. Expenses to be paid into Court. (1) Before making any order under rule 2, the Court shall require the party at whose instance orRead More →

4. Power of State Government to exclude certain persons from the operation of rule 2. (1) The State Government may, at any time, having regardRead More →

5. Officer in charge of prison to abstain from carrying out order in certain cases. Where the person in respect of whom an order isRead More →

6. Prisoner to be brought to Court in custody. In any other case, the officer in charge of the prison shall, upon delivery of theRead More →

7. Power to issue commission for examination of witness in prison. (1) Where it appears to the Court that the evidence of a person confinedRead More →

ORDER XVII – ADJOURNMENTS 1. Court may grant time and adjourn hearing. (1) The Court may, if sufficient cause is shown, at any stage ofRead More →

2 . Procedure if parties fail to appear on day fixed. Where, on any day to which the hearing of the suit is adjourned, theRead More →

3. Court may proceed notwithstanding either party fails to produce evidence, etc. Where any party to a suit to whom time has been granted failsRead More →

ORDER XVIII – HEARING OF THE SUIT AND EXAMINATION OF WITNESSES 1. Right to begin. The plaintiff has the right to begin unless the defendantRead More →

2. Statement and production of evidence. (1) On the day fixed for the hearing of the suit or on any other day to which theRead More →

3. Evidence where several issues. Where there are several issues, the burden of proving some of which lies on the party, the party beginning may,Read More →

3A. Party to appear before other witnesses. Where a party himself wishes to appear as a witness, he shall so appear before any other witnessRead More →

4. Recording of evidence by Commissioner. (1) In every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copiesRead More →

5. How evidence shall be taken in appealable cases. In cases in which an appeal is allowed, the evidence of each witness shall be- (a)Read More →

6. When deposition to be interpreted. Where the evidence is taken down in language different from that in which it is given, and the witnessRead More →

7. Evidence under Section 138. Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read overRead More →

8. Memorandum when evidence not taken down by Judge. Where the evidence is not taken down in writing by the Judge, or from his dictationRead More →

9. When evidence may be taken in English. (1) Where English is not the language of the Court, but all the parties to the suitRead More →

10. Any particular question and answer may be taken down. The Court may, of its own motion or on the application of any party orRead More →

11. Questions objected to and allowed by Court. Where any question put to a witness is objected to by a party or his pleader, andRead More →

12. Remarks on demeanour of witnesses. The Court may record such remarks as it thinks material respecting the demeanour of any witness while under examination.Read More →

13. Memorandum of evidence in unappealable cases. In cases in which an appeal is not allowed, it shall not be necessary to take down orRead More →

14. Judge unable to make such memorandum to record reasons of his liability. Rep. by the Code of Civil Procedure (Amendment) Act, 1976 (104 ofRead More →

15. Power to deal with evidence taken before another Judge. (1) Where a Judge is prevented by death, transfer or other cause from concluding theRead More →

16. Power to examine witness immediately. (1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shownRead More →

17. Court may recall and examine witness. The Court may at any stage of a suit recall any witness who has been examined and mayRead More →

17A. Production of evidence not previously known or which could not be produced despite due diligence. Where a party satisfies the Court that after theRead More →

18. Power of Court to inspect. The Court may at any stage of a suit inspect any property or thing concerning which any question mayRead More →

19. Power to get statements recorded on commission. Notwithstanding anything contained in these rules, the court may, instead of examining witnesses in open court, directRead More →

ORDER XIX – AFFIDAVITS 1. Power to order any point to be proved by affidavit. Any Court may at any time for sufficient reason orderRead More →

2. Power to order attendance of deponent for cross-examination. (1) Upon any application evidence may be given by affidavit, but the Court may, at theRead More →

3. Matters to which affidavits shall be confined. (1) Affidavits shall be confined to such facts as the deponent is able of his own knowledgeRead More →

ORDER XX – JUDGMENT AND DECREE 1. Judgment when pronounced. (1) The Court, after the case has been shall pronounce judgment in open Court eitherRead More →

2. Power to pronounce judgment written by judge’s predecessor. A judge shall pronounce a judgment written, but not pronounced, by his predecessor. Read CPC inRead More →

3. Judgment to be signed. The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and,Read More →

4. Judgments of Small Cause Courts. (1) Judgments of a Court of Small Causes need not contain more than the points for determination and theRead More →

5. Court to state its decision on each issue. In suits in which issue, have been framed, the Court shall state its finding or decision,Read More →

5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders. Except where both the partiesRead More →

6. Contents of decree. (1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of theRead More →

6A. Last paragraph of judgment to indicate in precise terms the reliefs granted. (1) The last paragraph of the judgment shall state in precise termsRead More →

6B. Copies of typewritten judgments when to be made available. Where the judgment is type-written, copies of the type-written judgment shall, where it is practicableRead More →

7. Date of decree. The decree shall bear the day on which the judgment was pronounced, and when the Judge has satisfied himself that theRead More →

8. Procedure where Judge has vacated office before signing decree. Where a Judge has vacated office after pronouncing judgment but without signing the decree, aRead More →

9. Decree for recovery of immovable property. Where the subject-matter of the suit is immovable property, the decree shall contain a description of such propertyRead More →

10. Decree for delivery of movable property. Where the suit is for movable property, and the decree is for the delivery of such property, theRead More →

11. Decree may direct payment by instalments. (1) Where and in so far as a decree is for the payment of money, the Court mayRead More →

12. Decree for possession and mesne profits. (1) Where a suit is for the recovery of possession of immovable property and for rent or mesneRead More →

12A. Decree for specific performance of contract for the sale or lease of immovable property. Where a decree for the specific performance of contract forRead More →

13. Decree in administration suit. (1) Where a suit is for an account of any property and for its due administration under the decree ofRead More →

14. Decree in pre-emption suit. (1) Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-moneyRead More →

15. Decree in suit for dissolution of partnership. Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court,Read More →

16. Decree in suit for account between principal and agent. In a suit for an account of pecuniary transactions between a principal and an agent,Read More →

17. Special directions as to accounts. The Court may either by the decree directing an account to be taken or by any subsequent order giveRead More →

18. Decree in suit for partition of property or separate possession of a share therein. Where the Court passes a decree for the partition ofRead More →

19. Decree when set-off or counter-claims is allowed. (1) Where the defendant has been allowed a set-off or counter-claim against the claim of the plaintiff,Read More →

20. Certified copies of judgment and decree to be furnished. Certified copies of the judgment and decree shall be furnished to the parties on applicationRead More →

ORDER XXA – COSTS 1. Provisions relating to certain items. Without prejudice to the generality of the provisions of this Code relating to costs, theRead More →

2. Costs to be awarded in accordance with the rules made by High Court. The award of costs under this rule shall be in accordanceRead More →

ORDER XXI – EXECUTION OF DECREES AND ORDERS Payment under decree. 1. Modes of paying money under decree. (1) All money, payable under a decreeRead More →

2. Payment out of Court to decree-holder. (1) Where any money payable under a decree of any kind is paid out of Court. [or decreeRead More →

Courts executing decrees. 3. Lands situate in more than one jurisdiction. Where immovable property forms one estate or tenure situate within the local limits ofRead More →

4. Transfer to Court of Small Causes. Where a decree has been passed in a suit of which the value as set forth in theRead More →

5. Mode of transfer. Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send theRead More →

6. Procedure where Court desires that its own decree shall be executed by another Court. The Court sending a decree for execution shall send- (a)Read More →

7. Court receiving copies of decree, etc. to file same without proof. The Court to which a decree is so sent shall cause such copesRead More →

8. Execution of decree or order by Court to which it is sent. Where such copies are so filed, the decree or order may, ifRead More →

9. Execution of High Court of decree transferred by other Court. Where the Court to which the decree is sent for execution is a HighRead More →

Application for execution. 10. Application for execution. Where the holder of a decree desires to execute it, he shall apply to the Court which passedRead More →

11. Oral application. (1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at theRead More →

11A. Application for arrest to state grounds. Where an application is made for the arrest and detention in prison of the judgment-debtor, it shall state,Read More →

12. Application for attachment of movable property not in judgment-debtor’s possession. Where an application is made for the attachment of any movable property belonging toRead More →

13. Application for attachment of immovable property to contain certain particulars. Where an application is made for the attachment of any immovable property belonging toRead More →

14. Power to require certified extract from Collector’s register in certain cases. Where an application is made for the attachment of any land which isRead More →

15. Application for execution by joint decree-holders. (1) Where a decree has been passed jointly in favour of more persons than one, any one orRead More →

16. Application for execution by transferee of decree. Where a decree or, if a decree has been passed jointly in favour of two or moreRead More →

17. Procedure on receiving application for execution of decree. (1) On receiving an application for the execution of a decree as provided by rule 11,Read More →

18. Execution in case of cross-decrees. (1) Where applications are made to a Court for the execution of cross-decrees in separate suits for the paymentRead More →

19. Execution in case of cross-claims under same decree. Where application is made to a Court for the execution of a decree under which twoRead More →

20. Cross-decrees and cross-claims in mortgage-suits. The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgageRead More →

21. Simultaneous execution. The Court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor. Read CPCRead More →

22. Notice to show cause against execution in certain cases. (1) Where an application for execution is made- (a) more than two years after theRead More →

22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.Read More →

23. Procedure after issue of notice. (1) Where the person to whom notice is issued under rule 22 does not appear or does not showRead More →

Process for execution. 24. Process for execution. (1) When the preliminary measures (if any) required by the foregoing rules have been taken, the Court shall,Read More →

25. Endorsement on process. (1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in whichRead More →

Stay of execution. 26. When Court may stay execution. (1) the Court to which a decree has been sent for execution shall, upon sufficient causeRead More →

27. Liability of judgment-debtor discharged. No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from beingRead More →

28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to. Any order of the Court by whichRead More →

29. Stay of execution pending suit between decree-holder and judgment-debtor. Where a suit is pending in any Court against the holder of a decree ofRead More →

Mode of execution. 30. Decree for payment of money. Every decree for the payment of money, including a decree for the payment of money asRead More →

31. Decree for specific movable property. (1) Where the decree is for any specific movable, or for any share in a specific movable, it mayRead More →

34. Decree for execution of document, or endorsement of negotiable instrument. (1) Where a decree is for the execution of a document or for the endorsementRead More →

35. Decree for immovable property. (1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the partyRead More →

36. Decree for delivery of immovable property when in occupancy of tenant. Where a decree is for the delivery of any immovable property in theRead More →

Arrest and detention in the civil prison. 37. Discretionary power to permit judgment debtor to show cause against detention in prison. (1) Notwithstanding anything inRead More →

38. Warrant for arrest to direct judgment-debtor to be brought up. Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted withRead More →

39. Subsistence allowance. (1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder into Court such sum as theRead More →

40. Proceedings on appearance of judgement-debtor in obedience to notice or after arrest. (1) When a judgment-debtor appears before the Court in obedience to aRead More →

Attachment of property. 41. Examination of judgment-debtor as to his property. (1) Where a decree is for the payment of money the decree-holder may applyRead More →

42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined. Where a decree directsRead More →

43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor. Where the property to be attached is movable property, other than agriculturalRead More →

43A. Custody of movable property. (1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and theRead More →

44. Attachment of agricultural produce. Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of theRead More →

45. Provisions as to agricultural produce under attachment. (1) Where agricultural produce is attached, the Court shall make such arrangements for the custody thereof asRead More →

46. Attachment of debt, share and other property not in possession of Judgment-debtor. (1) In the case of- (a) a debt not secured by aRead More →

46A. Notice to garnishee. (1) The Court may in the case of a debt (other than a debt secured by a mortgage or a charge)Read More →

46B. Order against garnishee. Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereofRead More →

46C. Trial of disputed questions. Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liabilityRead More →

46D. Procedure where debt belongs to third person. Where it is suggested or appears to be probable that the debt belongs to some third person,Read More →

46E. Order as regards third person. After hearing such third person and any person or persons who any subsequently be ordered to appear, or whereRead More →

46F. Payment by garnishee to be valid discharge. Payment made by the garnishee on notice under rule 46A or under any such order as aforesaidRead More →

46G. Costs. The costs of any application made under rule 46A and of any proceeding arising therefrom or incidental thereto shall be in the discretionRead More →

46H. Appeals. An order made under rule 46B, rule 46C or rule 46E shall be appealable as a decree. Read CPC in a better andRead More →

46I. Application to negotiable instruments. The provisions of rule 46A to 46H (both inclusive) shall, so far as may be, apply in relation to negotiableRead More →

47. Attachment of share in movables. Where the property to be attached consists of the share or interest of the judgment-debtor in movable property belongingRead More →

48. Attachment of salary or allowances of servant of the Government or railway company or local authority. (1) Where the property to be attached isRead More →

48A. Attachment of salary or allowances of private employees. (1) Where the property to be attached is the salary or allowances of an employee otherRead More →

49. Attachment of partnership property. (1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold inRead More →

50. Execution of decree against firm. (1) Where a decree has been passed against a firm, execution may be granted- (a) against any property ofRead More →

51. Attachment of negotiable instruments. Where the property is a negotiable instrument not deposited in a Court, not in the custody of a public officer,Read More →

52. Attachment of property in custody of Court or public officer. Where the property to be attached is in the custody of any Court orRead More →

53. Attachment of decrees. (1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcementRead More →

54. Attachment of immovable property. (1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring orRead More →

55. Removal of attachment after satisfaction of decree. Where- (a) the amount decreed with costs and all charges and expenses resulting from the attachment ofRead More →

56. Order for payment of coin or currency notes to party entitled under decree. Where the property attached is current coin or currency notes, theRead More →

57. Determination of attachment. (1) Where any property has been attached in execution of a decree and the Court, for any reason, passes an orderRead More →

59. Stay of sale. Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, theRead More →

60 to 63. [Omitted] Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.Read More →

64. Power to order property attached to be sold and proceeds to be paid to person entitled. Any Court executing a decree may order thatRead More →

65. Sales by whom conducted and how made. Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officerRead More →

66. Proclamation of sales by public auction. (1) Where any property is ordered to be sold by public auction in execution of a decree, theRead More →

67. Mode of making proclamation. (1) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by rule 54,Read More →

68. Time of sale. Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, withoutRead More →

69. Adjournment or stoppage of sale. (1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and theRead More →

70. [Saving of certain sales.] Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14.  Read CPC in a betterRead More →

71. Defaulting purchaser answerable for loss on re-sale. Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, andRead More →

72. Decree holder not to bid for or buy property without permission. (1) No holder of a decree in execution of which property is soldRead More →

72A. Mortgagee not to bid at sale without the leave of the Court. (1) Notwithstanding anything contained in rule 72, a mortgagee of immovable propertyRead More →

73. Restriction on bidding or purchase by officers. No officer or other person having any duty to perform in connection with any sale shall, eitherRead More →

74. Sale of agricultural produce. (1) Where the property to be sold is agricultural produce, the sale shall be held,- (a) if such produce isRead More →

75. Special provisions relating to growing crops. (1) Where the property to be sold is a growing crop and the crop from its nature admitsRead More →

76. Negotiable instruments and shares in corporations. Where the property to be sold is a negotiable instrument or a share in a corporation, the CourtRead More →

77. Sale by public auction. (1) Where movable property is sold by public auction the price of each lot shall be paid at the timeRead More →

78. Irregularity not to vitiate sale, but any person injured may sue. No irregularity in publishing or conducting the sale of movable property shall vitiateRead More →

79. Delivery of movable property, debts and shares. (1) Where the property sold is movable property of which actual seizure has been made, it shallRead More →

80. Transfer of negotiable instruments and shares. (1) Where the execution of a document or the endorsement of the party in whose name a negotiableRead More →

81. Vesting order in case of other property. In the case of any movable property not hereinbefore provided for, the Court may make an orderRead More →

82. What Courts may order sales. Sales of immovable property in execution of decrees may be ordered by any Court other than a Court ofRead More →

83. Postponement of sale to enable judgment-debtor to raise amount of decree. (1) Where an order for the sale of immovable property has been made,Read More →

84. Deposit by purchaser and re-sale on default. (1) On every sale of immovable property the person declared to be the purchaser shall pay immediatelyRead 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 →

2. Disclosure of partners’ names. (1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall,Read More →

3. Service. Where persons are sued as partners in the name of their firm, the summons shall be served either- (a) upon any one orRead More →

4. Rights of suit on death of partner. (1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872 (9 of 1872) whereRead More →

5. Notice in what capacity served. Where a summons is issued to a firm and is served in the manner provided by rule 3, everyRead More →

6. Appearance of partners. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, butRead More →

7. No appearance except by partners. Where a summons is served in the manner provided by rule 3 upon a person having the control orRead More →

8. Appearance under protest. (1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that heRead More →

9. Suits between co-partners. This Order shall apply to suits between a firm and one or more of the partners therein and to suits betweenRead More →

10. Suit against person carrying on business in name other than his own. Any person carrying on business in a name or style other thanRead 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 →

2. Joinder of trustee, executors and administrators. Where there are several trustees, executors or administrators, they shall all be made parties to a suit againstRead More →

3. Husband of married executrix not to join. Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not asRead 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 →

2. Where suit is instituted without next friend, plaint to be taken off the file. (1) Where a suit is instituted by or behalf orRead More →

2A. Security to be furnished by next friend when so ordered. (1) Where a suit has been instituted on behalf of the minor by hisRead More →

3. Guardian for the suit to be appointed by Court for minor defendant. (1) Where the defendant is a minor the Court, on being satisfiedRead More →

3A. Decree against minor not to be set aside unless prejudice has been caused to his interests. (1) No decree passed against a minor shallRead More →

4. Who may act as next friend or be appointed guardian for the suit. (1) Any person who is of sound mind and has attainedRead More →

5. Representation of minor by next friend or guardian for the suit. (1) Every application to the Court on behalf of a minor, other thanRead More →

6. Receipt by next friend or guardian for the suit of property under decree for minor. (1) A next friend or guardian for the suitRead More →

7. Agreement or compromise by next friend or guardian for the suit. (1) No next friend or guardian for the suit shall, without the leaveRead More →

8. Retirement of next friend. (1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person toRead More →

9. Removal of next friend. (1) Where the interest of the next friend of a minor is adverse to that of the minor or whereRead More →

10. Stay of proceedings on removal, etc, of next friend. (1) On the retirement, removal or death of the next friend of a minor, furtherRead More →

11. Retirement, removal or death of guardian for the suit. (1) Where the guardian for the suit desire to retire or does not do hisRead More →

12. Course to be followed by minor plaintiff or applicant or attaining majority. (1) A minor plaintiff or a minor not a party to aRead More →

13. Where minor co-plaintiff attaining majority desires to repudiate suit. (1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shallRead More →

14. Unreasonable or improper suit. (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name byRead More →

15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind. Rules 1 to 14 (except rule 2A) shall, so farRead More →

16. Savings. (1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or being sued in the name ofRead More →

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

2. Proceedings to be held in camera. In every suit or proceeding to which this Order applies, the proceeding may be held in camera ifRead More →

3. Duty of Court to make efforts for settlement. (1) In every suit or proceeding to which this Order applies, an endeavour shall be madeRead More →

4. Assistance of welfare expert. In every suit or proceeding to which this Order applies, it shall be open to the Court to secure theRead More →

5. Duty to inquire into facts. In every suit or proceeding to which this Order applies, it shall be the duty of the Court toRead More →

6. “Family”. meaning of, For the purposes of this Order, each of the following shall be treated as constituting a family, namely- (a) (i) aRead More →

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

1A. Inquiry into the means of an indigent person. Every inquiry into the question whether or not a person is an indigent person shall beRead More →

2. Contents of application. Every application for permission to sue as an indigent person shall contain the particulars required in regard to plaints in suits:Read More →

3. Presentation of application. Notwithstanding anything contained in these rules, the application shall be presented to the Court by the applicant in person, unless heRead More →

4. Examination of applicant. (1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant,Read More →

5. Rejection of application. The Court shall reject an application for permission to sue as an indigent person- (a) where it is not framed andRead More →

6. Notice of day for receiving evidence of applicant’s indigency. Where the Court sees no reason to reject the application on any of the groundsRead More →

7. Procedure at hearing. (1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (ifRead More →

8. Procedure if application admitted. Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit,Read More →

9. Withdrawal of permission to sue as an indigent person. The Court may, on the application of the defendant, or of the Government pleader, ofRead More →

9A. Court to assign a pleader to an unrepresented indigent person. (1) Where a person, who is permitted to sue as an indigent person, isRead More →

10. Costs were indigent person succeeds. Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have beenRead More →

11. Procedure where indigent person fails. Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent personRead More →

11A. Procedure where indigent persons suit abates. Where the suit abates by reason of the death of the plaintiff or of any person added asRead More →

12. State Government may apply for payment of court-fees. The State Government shall have the right at any time to apply to the Court toRead More →

13. State Government to be deemed a party. All matters arising between the State Government and any party to the suit under rule 10, ruleRead More →

14. Recovery of amount of court-fees. Where an order is made under rule 10, rule 11 or rule 11A, the court shall forthwith cause aRead More →

15. Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature. An order refusing to allow the applicant topRead More →

15A. Grant of time for payment of court-fee. Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting anRead More →

16. Costs. The costs of an application for permission to sue as an indigent person and of an inquiry into indigency shall be costs inRead More →

17. Defence by an indigent person. Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim asRead More →

18. Power of Government to provide for free legal services to indigent persons. (1) Subject to the provisions of this Order, the Central or StateRead 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 →

2. Preliminary decree in foreclosure suit. (1) In a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a preliminary decree- (a) orderingRead More →

3. Final decree in foreclosure suit. (1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has beenRead More →

4. Preliminary decree in suit for sale. (1) In a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree toRead More →

5. Final decree in suit for sale. (1) Where, on or before the day fixed or at any time before the confirmation of a saleRead More →

6. Recovery of balance due on mortgage in suit for sale. Where the net proceeds of any sale held under rule 5 are found insufficientRead More →

7. Preliminary decree is redemption suit. (1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree- (a) orderingRead More →

8. Final decree in redemption suit. (1) Where, final decree debarring the plaintiff from all right to redeem the mortgaged property has been passed orRead More →

8A. Recovery of balance due on mortgage in suit for redemption. Where the net proceeds of any sale held under rule 8 are found insufficientRead More →

9. Decree where nothing is found due or where mortgagee has been overpaid. Notwithstanding anything hereinbefore contained, if it appears, upon taking the account referredRead More →

10. Costs of mortgagee subsequent to decree. In finally adjusting the amount to be paid to a mortgagee in case of a foreclosure, sale orRead More →

10A. Power of Court to direct mortgagee to pay mesne profits. Where in a suit for foreclosure, the mortgagor has, before or at the timeRead More →

11. Payment of interest. In any decree passed in a suit for foreclosure, sale or redemption, where interest is legally recoverable, the Court may orderRead More →

12. Sale of property subject to prior mortgage. Where any property the sale of which is directed under this Order is subject to a priorRead More →

13. Application of proceeds. (1) Such proceeds shall be brought into Court and applied as follows- first, in payment of all expenses incident to theRead More →

14. Suit for sale necessary for bringing mortgaged property to sale. (1) Where a mortgagee has obtained a decree for the payment of money inRead More →

15. Mortgages by the deposit of title deeds and charges. (1) All the provisions contained in this Order which apply to a simple mortgage shall,Read More →

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

2. Payment of thing claimed into Court. Where the thing claimed is capable of being paid into Court or placed in the custody of theRead More →

3. Procedure where defendant is suing plaintiff. Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject-matter ofRead More →

4. Procedure at first hearing. (1) At the first hearing the Court may- (a) declare that the plaintiff is discharged from all liability to theRead More →

5. Agents and tenants may not institute interpleader suits. Nothing in the Order shall be deemed to enable agents to sue their principles, or tenantsRead More →

6. Charge for plaintiff’s costs. Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving himRead 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 →

2. Where value of subject-matter must be stated. Where the agreement is for the delivery of any property; or for the doing, or the refrainingRead More →

3. Agreement to be filed and registered as suit. (1) The agreement if framed in accordance with the rules hereinbefore contained, may be filed withRead More →

4. Parties to be subject to Court’s jurisdiction. Where the agreement has been filed, the parties to it shall be subject to the jurisdiction ofRead More →

5. Hearing and disposal of case. (1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and theRead More →

6. No appeal from a decree passed under rule 5. No appeal shall lie from a decree passed under rule 5. Read CPC in aRead 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 →

2. Institution of summary suits. (1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presentingRead More →

3. Procedure for the appearance of defendant. (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under ruleRead More →

4. Power to set aside decree. After decree for the Court may, under special circumstances set aside the decree, and if necessary stay or setRead More →

5. Power to order bill, etc, to be deposited with officer of Court. In any proceeding under this Order the Court may order the bill,Read More →

6. Recovery of cost of noting non-acceptance of dishonoured bill or note. The holder of every dishonoured bill of exchange or promissory note shall haveRead More →

7. Procedure in suits. Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits institutedRead More →

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

2. Security. (1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other propertyRead More →

3. Procedure on application by surety to be discharged. (1) A surety for the appearance of a defendant may at any time apply to theRead More →

4. Procedure where defendant fails to furnish security or find fresh security. Where the defendant fails to comply with any order under rule 2 orRead More →

6. Attachment where cause not shown or security not furnished. (1) Where the defendant fails to show cause why he should not furnish security, orRead More →

7. Mode of making attachment. Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property inRead More →

8. Adjudication of claim to property attached before judgment. Where any claim is preferred to property attached before judgment, such claim shall be adjudicated uponRead More →

9. Removal of attachment when security furnished or suit dismissed. Where an order is made for attachment before judgment, the Court shall order the attachmentRead More →

10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale. Attachment before judgment shall not affect the rights,Read More →

11. Property attached before judgment not to be re-attached in execution of decree. Where property is under attachment by virtue of the provisions of thisRead More →

11A . Provisions applicable to attachment. (1) The provisions of this Code applicable to an attachment made in execution of a decree shall so farRead More →

12. Agricultural produce not attachable before judgment. Nothing in this Order shall be deemed to authorize the plaintiff to apply for the attachment of anyRead More →

13. Small Cause Court not to attach immovable property. Nothing in this Order shall be deemed to empower any Court of Small Causes to makeRead 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 →

2. Injunction to restrain repetition or continuance of breach. (1) In any suit for restraining the defendant from committing a breach of contract or otherRead More →

2A. Consequence of disobedience or breach of injunction. (1) In the case of disobedience of any injunction granted or other order made under rule 1Read More →

3. Before granting injunction, Court to direct notice to opposite party. The Court shall in all case, except where it appears that the object ofRead More →

3A. Court to dispose of application for injunction within thirty days. Where an injunction has been granted without giving notice to the opposite party, theRead More →

4. Order for injunction may be discharged, varied or set aside. Any order for an injunction may be discharged, or varied, or set aside byRead More →

5. Injunction to corporation binding on its officer. An injunction directed to a corporation is binding not only on the corporation itself, but also onRead More →

Interlocutory orders 6. Power to order interim sale. The Court may, on the application of any party to a suit, order the sale, by anyRead More →

7. Detention, preservation, inspection, etc, of subject-matter of suit. (1) the Court may, on the application of any party to a suit, and on suchRead More →

8. Application for such orders to be after notice. (1) An application by the plaintiff for an order under rule 6 or rule may beRead More →

9. When party may be put in immediate possession of land the subject-matter of suit. Where land paying revenue to Government, or a tenure liableRead More →

10. Deposit of money, etc. in Court. Where the subject-matter of a suit is money or some other thing capable of delivery and any partyRead 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 →

2. Remuneration. The Court may be general or special order fix the amount to be paid as remuneration for the services of the receiver. ReadRead More →

3. Duties. Every receiver so appointed shall- (a) furnish such security (if any) as the Court thinks fit, duly to account for what he shallRead More →

4. Enforcement of receiver’s duties. Where a receiver- (a) fails to submit his accounts at such periods and in such form as the Court directs,Read More →

5. When Collector may be appointed receiver. Where the property is land paying revenue to the Government, or land of which the revenue has beenRead 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 →

2. Grounds which may be taken in appeal. The appellant shall not except by leave of the Court, urge or be heard in support ofRead More →

3. Rejection or amendment of memorandum. (1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected,Read More →

3A. Application for condonation of delay. (1) When a appeal is presented after the expiry of the period of limitation specified therefor, it shall beRead More →

4. One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all. Where there are moreRead More →

5. Stay by Appellate Court. (1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except soRead More →

6. Security in case of order for execution of decree appealed from. (1) Where an order is made for the execution of a decree fromRead More →

7. No security to be required from the Government or a public officer in certain cases. [Rep. by the A.O. 1937.] Read CPC in aRead More →

8. Exercise of powers in appeal from order made in execution of decree. The powers conferred by rules 5 and 6 shall be exercisable whereRead More →

9. Registry of memorandum of appeal. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shallRead More →

10. Appellate Court may require appellant to furnish security for costs. (1) The Appellate Court may in its discretion, either before the respondent is calledRead More →

11. Power to dismiss appeal without sending notice to Lower Court. (1) The Appellate Court, after sending for the record if it thinks fit soRead More →

11A. Time within which hearing under rule 11 should be concluded. Every appeal shall be heard under rule 11 as expeditiously as possible and endeavourRead More →

12. Day for hearing appeal. (1) Unless the Appellate Court dismisses the appeal under rule 11, it should fix a day for hearing the appeal.Read More →

13. Appellate Court to give notice to Court whose decree appealed from. (1) Where the appeal is not dismissed under rule 11, the Appellate CourtRead More →

14. Publication and service of notice of day for hearing appeal. (1) Notice of the day fixed under rule 12 shall be affixed in theRead More →

15. Contents of notice. The notice to the respondent shall declare that, if he does not appear in the Appellate Court on the day soRead More →

16. Right to begin. (1) On the day fixed, or on any other day to which the hearing may be adjourned, the appellant shall heRead More →

17. Dismissal of appeal for appellants default. (1) Where on the day fixed, or on any other day which the hearing may be adjourned, theRead More →

18. Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit costs. Where on the day fixed, or on any otherRead More →

19. Re-admission of appeal dismissed for default. Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17 or rule 18, the appellantRead More →

20. Power to adjourn hearing and direct persons appearing interested to be made respondents. (1) Where it appears to the Court at the hearing thatRead More →

21. Re-hearing on application of respondent against whom ex parte decree made. Where an appeal is heard ex parte and judgment is pronounced against theRead More →

22. Upon hearing respondent may object to decree as if he had preferred a separate appeal. (1) Any respondent, though he may not have appealedRead More →

23. Remand of case by Appellate Court. Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminaryRead More →

23A. Remand in other cases. Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminaryRead More →

24. Where evidence on record sufficient, Appellate Court may determine case finally. Where the evidence upon the record is sufficient to enable the Appellate CourtRead More →

25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from. Where the Court from whose decree theRead More →

26. Finding and evidence to be put on record. Objections to finding. (1) Such evidence and findings shall form part of the record in theRead More →

26A. Order of remand to mention date of next hearing. Where the Appellate Court remands a case under rule 23 or rule 23A, or framesRead More →

28. Mode of taking additional evidence. Wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence or direct theRead More →

29. Points to be defined and recorded. Where additional evidence is directed or allowed to be taken, the Appellate Court shall specify the points toRead More →

30. Judgment when and where pronounced. (1) The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings,Read More →

31. Contents, date and signature of judgment. The judgment of the Appellate Court shall be in writing and shall state- (a) the points for determination;Read More →

32. What judgment may direct. The judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if theRead More →

33. Power of Court of Appeal. The Appellate Court shall have power to pass any decree and make any order which ought to have beenRead More →

34. Dissent to be recorded. Where the appeal is heard by more judges that one, any judge dissenting from the judgment of the court shallRead More →

35. Date and contents of decree. (1) The decree of the Appellate Court shall bear date the day of which the judgment was pronounced.  (2)Read More →

36. Copies of judgment and decree to be furnished to parties. Certified copies of the judgement and decree in appeal shall be furnished to theRead More →

37. Certified copy of decree to be sent to Court whose decree appealed from. A copy of the judgment and of the decree, certified byRead 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 →

2. Power of Court to direct that the appeal be heard on the question formulated by it. At the time of making an order underRead More →

3. Application of rule 14 of Order XLI. Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall,Read More →

ORDER XLIII – APPEALS FROM ORDERS 1. Appeal from orders. (all links automatically open in new tabs) An appeal shall lie from the following ordersRead More →

1A. Right to challenge non-appealable orders in appeal against decree. (1) Where any order is made under this Code against a party and there uponRead More →

2. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from orders. Read CPC in a better and systematicRead More →

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

2. Grant of time for payment of court-fee. Where an application is rejected under rule 1, the Court may, while rejecting the application, allow theRead More →

3. Inquiry as to whether applicant is an indigent person. (1) Where an applicant, referred to in rule 1, was allowed to sue or appealRead More →

1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. ReadRead More →

2. Application to Court whose complained of. (1) Whoever desires to appeal the Supreme Court shall apply by petition to the Court whose decree isRead More →

3. Certificate as to value or fitness. (1) Every petition shall state the grounds of appeal and pray for a certificate- (i) that the caseRead More →

4. [Consolidation of suits.] Rep. by the Code of civil Procedure (Amendment) Act,1973 (49 of 1973) s. 4 (w.e.f. 1-2- 1977) Read CPC in aRead More →

5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid, (w.e.f. 1-2-1977) Read CPC in a better and systematic way. DownloadRead More →

6. Effect of refusal of certificate. Where such certificate is refused, the petition shall be dismissed. Read CPC in a better and systematic way. DownloadRead More →

7. Security and deposit required on grant of certificate. (1) Where the certificate is granted, the applicant shall, within ninety days or such further period,Read More →

8. Admission of appeal and procedure thereon. Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall-Read More →

9. Revocation of acceptance of security. At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptance ofRead More →

9A. Power to dispense with notices in case of deceased parties. Nothing in these rules requiring any notice to be served on or given toRead More →

10. Power to order further security or payment. Where at any time after the admission of an appeal but before the transmission of the copyRead More →

11. Effect of failure to comply with order. Where the appellant fails to comply with such order, the proceedings shall be stayed, and the appealRead More →

12. Refund of balance deposit. When the copy of the record, except as aforesaid, has been transmitted to the Supreme Court, the appellant may obtainRead More →

13. Powers of Court pending appeal. (1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall beRead More →

14. Increase of security found inadequate. (1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate,Read More →

15. Procedure to enforce orders of the Supreme Court. (1) Whoever desires to obtain execution of any decree or order of the Supreme Court shallRead More →

16. Appeal from order relating to execution. The orders made by the Court which executes the decree or order of the Supreme Court, relating toRead More →

17. Appeals to Federal Court. [Rep. by the Federal Court, 1941 (21 of 1941), s. 2] Read CPC in a better and systematic way. DownloadRead 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 →

2. Court may pass decree contingent upon decision of High Court. The Court may either stay the proceedings or proceed in the case notwithstanding suchRead More →

3. Judgment of High Court to be transmitted and case disposed of accordingly. The High Court, after hearing the parties if they appear and desireRead More →

4. Costs of reference to High Court. The costs (is any) consequent on a reference for the decision of the High Court shall be costsRead More →

4A. Reference to high Court under proviso to section 113. The provisions of rules 2, 3 and 4 shall apply to any reference by theRead More →

5. Power to alter, etc, decree of Court making reference. Where a case is referred to the High Court under rule 1 or under theRead More →

6. Power to refer to High Court questions as to jurisdiction in small causes. (1) Where at any time before judgment a Court in whichRead More →

7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes. (1) Where it appears to aRead 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 →

2. To whom applications for review may be made. [Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14.] ReadRead More →

3. Form of applications for review. The provisions as to the form of preferring appeals shall apply mutatis mutandis, to applications for review. Read CPCRead More →

4. Application where rejected. (1) Where it appear to the Court that there is not sufficient ground for a review, it shall reject the application.Read More →

5. Application for review in Court consisting of two or more judges. Where the Judge or Judges, or any one of the judges, who passedRead More →

6. Application where rejected. (1) Where the application for a review is heard by more than one judge and the Court is equally divided, theRead More →

7. Order of rejection not appealable. Objections to order granting application. (1) An order of the Court rejecting the application shall not be appealable; butRead More →

8. Registry of application granted, and order for re-hearing. When an application for review is granted, a note thereof shall be made in the registerRead More →

9. Bar of certain application. No application to review an order made on an application for a review or a decree or order passed orRead 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 →

2. Orders and notices how served. All orders, notices and other documents required by this Code to be given to or served on any personRead More →

3. Use of forms in appendices. The forms given in the appendices, with such variation as the circumstances or each case may require, shall beRead More →

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

2. Saving in respect of Chartered High Courts. Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force atRead More →

3. Application of rules. The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civilRead More →

ORDER L – PROVINCIAL SMALL CAUSE COURTS 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Courts 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 →