Bare Acts

The Code of Civil Procedure, 1908

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

सिविल प्रक्रिया संहिता, 1908

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Act Details

Act Number:

Act Year:

1908

Location:

Maharashtra

Enactment Date:

3/21/1908

Enforcement Date:

1909-01-01

Ministry:

Ministry of Govt of Maharashtra

Department:

Law and Judiciary Department

All Section List (CPC)

PRELIMINARY

Section 1 to Section 8

Section 1

Short title, commencement and extent.

Section 2

Definitions.

Section 3

Subordination of Courts.

Section 4

Savings.

Section 5

Application of the Code to Revenue Courts.

Section 6

Pecuniary jurisdiction.

Section 7

Provincial Small Cause Courts.

Section 8

Presidency Small Cause Courts.

JURISDICTION OF THE COURTS AND Res judicata

Section 9 to Section 14

Section 9

Courts to try all civil suits unless barred.

Section 10

Stay of suit.

Section 11

Res judicata.

Section 12

Bar to further suit.

Section 13

When foreign judgment not conclusive.

Section 14

Presumption as to foreign judgments.

PLACE OF SUING

Section 15 to Section 25

Section 15

Court in which suits to be instituted.

Section 16

Suits to be instituted where subject-matter situate.

Section 17

Suits for immovable property situate within jurisdiction of different Courts.

Section 18

Place of institution of suit where local limits of jurisdiction of Courts are uncertain.

Section 19

Suits for compensation for wrongs to person or movables.

Section 20

Other suits to be instituted where defendants reside or cause of action arises.

Section 21

Objections to jurisdiction.

Section 21A

Baron suit to set aside decree on objection as to place of suing.

Section 22

Power to transfer suits which may be instituted in more than one Court.

Section 23

To what Court application lies.

Section 24

General power of transfer and withdrawal.

Section 25

Power of Supreme Court to transfer suits, etc.

INSTITUTION OF SUITS

Section 26

Institution of suits.

SUMMONS AND DISCOVERY

Section 27 to Section 32

Section 27

Summons to defendants.

Section 28

Service of summons where defendant resides in another State.

Section 29

Service of foreign summonses.

Section 30

Power to order discovery and the like.

Section 31

Summons to witness.

Section 32

Penalty for default.

JUDGMENT AND DECREE

Section 33

Judgment and decree.

INTEREST

Section 34

Interest.

COSTS

Section 35 to Section 35B

Section 35

Costs.

Section 35A

Compensatory costs in respect of false or vexatious claims or defences.

Section 35B

Costs for causing delay.

GENERAL

Section 36 to Section 37

Section 36

Application to orders.

Section 37

Definition of Court which passed a decree.

COURTS BY WHICH DECREES MAY BE EXECUTED

Section 38 to Section 46

Section 38

Court by which decree may be executed.

Section 39

Transfer of decree.

Section 40

Transfer of decree to Court in another State.

Section 41

Result of execution proceedings to be certified.

Section 42

Powers of Court in executing transferred decree.

Section 43

Execution of decrees passed by Civil Courts in places to which this Code does not extend.

Section 44

Execution of decrees passed by Revenue Courts in places to which this Code does not extend.

Section 44A

Execution of decrees passed by Courts in reciprocating territory.

Section 45

Execution of decrees outside India.

Section 46

Precepts.

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

Section 47

Questions to be determined by the Court executing decree.

LIMIT OF TIME FOR EXECUTION

Section 48

[Repealed.].

TRANSFEREES AND LEGAL REPRESENTATIVES

Section 49 to Section 50

Section 49

Transferee.

Section 50

Legal representative.

PROCEDURE IN EXECUTION

Section 51 to Section 54

Section 51

Powers of Court to enforce execution.

Section 52

Enforcement of decree against legal representative.

Section 53

Liability of ancestral property.

Section 54

Partition of estate or separation of share.

ARREST AND DETENTION

Section 55 to Section 59

Section 55

Arrest and detention.

Section 56

Prohibition of arrest or detention of women in execution of decree for money.

Section 57

Subsistence-allowance.

Section 58

Detention and release.

Section 59

Release on ground of illness.

ATTACHMENT

Section 60 to Section 64

Section 60

Property liable to attachment and sale in execution of decree.

Section 61

Partial exemption of agricultural produce.

Section 62

Seizure of property in dwelling-house.

Section 63

Property attached in execution of decrees of several Courts.

Section 64

Private alienation of property after attachment to be void.

SALE

Section 65 to Section 67

Section 65

Purchaser's title.

Section 66

[Repealed.].

Section 67

Power for State Government to make rules as to sales of land in execution of decrees for payment of money.

DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY

Section 68 to Section 72

Section 68

Section 69

Section 70

Section 71

Section 72

DISTRIBUTION OF ASSETS

Section 73

Proceeds of execution sale to be rateably distributed among decree-holders.

RESISTANCE TO EXECUTION

Section 74

Resistance to execution.

COMMISSIONS

Section 75 to Section 78

Section 75

Power of Court to issue commissions.

Section 76

Commission to another Court.

Section 77

Letter of request.

Section 78

Commissions issued by foreign Courts.

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Section 79 to Section 82

Section 79

Suits by or against Government.

Section 80

Notice.

Section 81

Exemption from arrest and personal appearance.

Section 82

Execution of decree.

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS

Section 83 to Section 87A

Section 83

When aliens may sue.

Section 84

When foreign States may sue.

Section 85

Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.

Section 86

Suits against foreign Rulers, Ambassadors and Envoys.

Section 87

Style of foreign Rulers as parties to suits.

Section 87A

Definitions of foreign State and Ruler.

SUITS AGAINST RULERS OF FORMER INDIAN STATES

Section 87B

Application of sections 85 and 86 to Rulers of former Indian States.

INTERPLEADER

Section 88

Where interpleader-suit may be instituted.

ARBITRATION

Section 89

Settlement of disputes outside the Court.

SPECIAL CASE

Section 90

Power to state case for opinion of Court.

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

Section 91 to Section 93

Section 91

Public nuisances and other wrongful acts affecting the public.

Section 92

Public charities.

Section 93

Exercise of powers of Advocate-General outside presidency-towns.

SUPPLEMENTAL PROCEEDINGS

Section 94 to Section 95

Section 94

Supplemental proceedings.

Section 95

Compensation for obtaining arrest, attachment or injunction on insufficient ground.

APPEALS FROM ORIGINAL DECREES

Section 96 to Section 99A

Section 96

Appeal from original decree.

Section 97

Appeal from final decree where no appeal from preliminary decree.

Section 98

Decision where appeal heard by two or more Judges.

Section 99

No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.

Section 99A

No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.

APPEALS FROM APPELLATE DECREES

Section 100 to Section 103

Section 100

Second appeal.

Section 100A

No further appeal in certain cases.

Section 101

Second appeal on no other grounds.

Section 102

No second appeal in certain cases.

Section 103

Power of High Court to determine issue of fact.

APPEALS FROM ORDERS

Section 104 to Section 106

Section 104

Orders from which appeal lies.

Section 105

Other orders.

Section 106

What Courts to hear appeals.

GENERAL PROVISIONS RELATING TO APPEALS

Section 107 to Section 108

Section 107

Powers of Appellate Court.

Section 108

Procedure in appeals from appellate decrees and orders.

APPEALS TO THE SUPREME COURT

Section 109 to Section 112

Section 109

When appeals lie to the Supreme Court.

Section 110

Section 111

Section 111A

Section 112

REFERENCE, REVIEW AND REVISION

Section 113 to Section 115

Section 113

Reference to High Court.

Section 114

Review.

Section 115

Revision.

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER

Section 116 to Section 120

Section 116

Part to apply only to certain High Courts.

Section 117

Application of Code to High Courts.

Section 118

Execution of decree before ascertainment of costs.

Section 119

Unauthorised persons not to address Court.

Section 120

Provisions not applicable to High Court in original civil jurisdiction.

RULES

Section 121 to Section 131

Section 121

Effect of rules in First Schedule.

Section 122

Power of certain High Courts to make rules.

Section 123

Constitution of Rule Committees in certain States.

Section 124

Committee to report to High Court.

Section 125

Power of other High Courts to make rules.

Section 126

Rules to be subject to approval.

Section 127

Publication of rules.

Section 128

Matters for which rules may provide.

Section 129

Power of High Courts to make rules as to their original Civil procedure.

Section 130

Power of other High Courts to make rules as to matters other than procedure.

Section 131

Publication of rules.

MISCELLANEOUS

Section 132 to Section 158

Section 132

Exemption of certain women from personal appearance.

Section 133

Exemption of other persons.

Section 134

Arrest other than in execution of decree.

Section 135

Exemption from arrest under civil process.

Section 135A

Exemption of members of legislative bodies from arrest and detention under civil process.

Section 136

Procedure where person to be arrested or property to be attached is out side district.

Section 137

Language of subordinate Courts.

Section 138

Power of High Court to require evidence to be recorded in English.

Section 139

Oath on affidavit by whom to be administered.

Section 140

Assessors in causes of salvage, etc.

Section 141

Miscellaneous proceedings.

Section 142

Orders and notices to be in writing.

Section 143

Postage.

Section 144

Application for restitution.

Section 145

Enforcement of liability of surety.

Section 146

Proceedings by or against representatives.

Section 147

Consent or agreement by persons under disability.

Section 148

Enlargement of time.

Section 148A

Right to lodge a caveat.

Section 149

Power to make up deficiency of court-fees.

Section 150

Transfer of business.

Section 151

Saving of inherent powers of Court.

Section 152

Amendment of judgments, decrees or orders.

Section 153

General power to amend.

Section 153A

Power to amend decree or order where appeal is summarily dismissed.

Section 153B

Place of trial to be deemed to be open Court.

Section 154

[Repealed.].

Section 155

[Repealed.].

Section 156

[Repealed.].

Section 157

Continuance of orders under repealed enactments.

Section 158

Reference to Code of Civil Procedure and other repealed enactments.