• Bare Act: Code Of Civil Procedure, 1908

  • Code Of Civil Procedure, 1908- Index

    (RELEVANT SECTIONS)

    PRELIMINARY

    PART I : SUITS IN GENERAL

    Jurisdiction of the Courts and Res Judicata

    Place of suing

    • Section-16: Suits to be instituted where subject matter situate
    • Section-19: Suits for compensation for wrongs to person or movables
    • Section-21: Objections to jurisdiction
    • 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 the Supreme Court to transfer Suits, etc.

    Summons and discovery

    • 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 witnessSection-32: Penalty for default

    Interest

    Costs

    PART II : EXECUTION

    Courts by which decrees may be executed

    Question to be determined by Court executing decree

    • Section-47: Questions to be determined by the Court executing decree

    Transferees and legal representatives

    Procedure in execution

    • Section-52: Enforcement of decree against legal representative
    • Section-53:Liability of ancestral property

    Arrest and detention

    Attachment

    • Section-60: Property liable to attachment and sale in execution of decree
    • Section-63: Property attached in execution of decrees of several Courts
    • Section-64: Private alienation of property after attachment to be void

    Distribution of assets

    • Section-73 Sale to be rateably distributed among decree-holders

    PART III: INCIDENTAL PROCEEDINGS

    Commissions

    PART IV: SUITS IN PARTICULAR CASES

    Suits by or against the Government or Public Officers in their official capacity

    Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys

    Suits against Rulers of former Indian States

    • Section-87-B: Application of sections 85 and 86 to Rulers of former Indian States

    Inter-pleader

    • Section-88: Where inter-pleader suit may be instituted

    PART V: SPECIAL PROCEEDINGS

    Arbitration

    • Section-89: Settlement of disputes outside the Court

    Special case

    • Section-90: Power to state case for opinion of Court

    Public nuisance and other wrongful acts affecting the public

    PART VI: SUPPLEMENTAL PROCEEDINGS

    • Section-94: Supplemental proceedings
    • Section-95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds

    PART VII: APPEALS

    Appeals from original decrees

    • 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 merit or jurisdiction
    • Section-99-A: No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected

    Appeals from appellate decrees

    Appeals from orders

    General Provisions relating to appeals

    Appeals to the Supreme Court

    PART VIII: REFERENCE, REVIEW AND REVISION

    PART X : RULES

    • Section-121: Effect of rules in First Schedule
    • Section-129: Power of High Courts to make rules as to their original civil procedure
    • Section-131: Publication of rules

    PART XI: MISCELLANEOUS

    THE FIRST SCHEDULE

    ORDER I : PARTIES OF SUITS

    • Rule-1: Who may be joined as plaintiffs
    • Rule-2: Power of Court to order separate trials
    • Rule-3: Who may be joined as defendants
    • Rule-3-A: Power to order separate trials where joinder of defendants may embarrass or delay trial
    • Rule-8: One person may sue or defend on behalf of all in same interest
    • Rule-9: Mis-joinder and non-joiners
    • Rule-10: Suit in the name of wrong plaintiff, Court may strike out or add parties, Where defendant added, plaint to be amended
    • Rule-13: Objections as to non-joinder or mis-joinder

    ORDER II : FRAME OF SUIT

    • Rule-1: Frame of suit
    • Rule-2: Suit to include the whole claim, Relinquishment of part of claim, Omission to sue for one of several reliefs
    • Rule-3: Joinder of causes of action
    • Rule-5: Claims by or against an executor, administrator or heirs
    • Rule-6: Power of Court to order separate trial
    • Rule-7: Objections as to misjoinder

    ORDER V : ISSUE AND SERVICE OF SUMMONS

    Issue of Summons

    • Rule-3: Court may order defendant or plaintiff to appeal in person
    • Rule-4: No part to be ordered to appear in person unless resident within certain limits
    • Rule-5: Summons to be either to settle issues or for final disposal
    • Rule-7: Summons to order defendant to produce documents relied on by him
    • Rule-8: On issue of summons for final disposal, defendant to be directed to produce his witnesses 

    Service of summons

    • Rule-10: Mode of service
    • Rule-13: Service on agent by whom defendant carries on business
    • Rule-15: Where service may be on an adult ember of defendant's family
    • Rule-17: Procedure when defendant refused to accept service, or can not be found
    • Rule-19: Examination of serving officer
    • Rule-20: Substituted service, Effect of substituted service, Where service is substituted, time for appearance to be fixed
    • Rule-23: Duty of Court to which summons is sent
    • Rule-24: Service on defendant in prison
    • Rule-25: Service where defendant resides out of India and has no agent
    • Rule-26: Service in foreign territory through Political Agent or Court
    • Rule-26-A: Summonses to be sent to officers of foreign countries
    • Rule-28: Service on soldiers, sailors or airmen
    • Rule-29: Duty of person to whom summons is delivered or sent for service

    ORDER VI : PLEADINGS GENERALLY

    • Rule-1: Pleading
    • Rule-2: Pleading to state material facts and not evidence
    • Rule-15: Verification of pleadings
    • Rule-16: Striking out pleadings
    • Rule-17: Amendment of pleadings

    ORDER VII : PLAINT

    • Rule-11: Rejection of plaint
    • Rule-13: Where rejection of plaint does not preclude presentation of fresh plaint

    Documents relied on in plaint

    • Rule-17: Production of shop-book, Original entry to be marked and returned

    ORDER VIII : WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

    • Rule-1: Written statement
    • Rule-2: Now facts must be specially pleaded
    • Rule-3: Denial to be specific
    • Rule-4: Evasive denial
    • Rule-5: Specific denial
    • Rule-6: Particulars of set-off to be given in written statement, Effect of set - off
    • Rule-6-A: Counter-claim by defendant
    • Rule-6-B: Counter-claim to be stated
    • Rule-6-G: Rules relating to written statement to apply
    • Rule-8: New ground of defence
    • Rule-9: Subsequent pleading
    • Rule-10: Procedure when party fails to present written statement called for by Court

    ORDER IX : APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

    • Rule-3: Where neither party appears, suit to be dismissed
    • Rule-4: Plaintiff may bring fresh suit or Court may restore suit to file
    • Rule-6: Procedure when only plaintiff appears
    • Rule-7: Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
    • Rule-8: Procedure where defendant only appears
    • Rule-9: Decree against plaintiff by default bars fresh suit
    • Rule-10: Procedure in case of non-attendance of one or more of several plaintiffs
    • Rule-11: Procedure in case of non-attendance of one or more of several defendants
    • Rule-12: Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person

    Setting aside decrees ex-parte

    • Rule-13: Setting aside decree ex-parte against defendant
    • Rule-14: No decree to be set aside without notice to opposite part

    ORDER X : EXAMINATION OF PARTIES BY THE COURT

    • Rule-1: Ascertainment whether allegation in pleadings are admitted or denied
    • Rule-1-A: Direction of the Court to opt for any one mode of alternative dispute resolution
    • Rule-1-B: Appearance before the conciliatory forum or authority
    • Rule-1-C: Appearance before the Court consequent to the failure of efforts of conciliation
    • Rule-2: Oral examination of party, or companion of party
    • Rule-3: Substance of examination to be written

    ORDER XI: DISCOVERY AND INSPECTION

    • Rule-1: Discovery by interrogatories
    • Rule-6: Objections to interrogatories by answer
    • Rule-7: Setting aside and striking out interrogatories
    • Rule-11: Order to answer or answer further
    • Rule-12: Application for discovery of documents
    • Rule-16: Notice to produce
    • Rule-19: Verified copies
    • Rule-21: Non-compliance with order for discovery
    • Rule-22: Using answers to interrogatories at trial

    ORDER XII: ADMISSION

    • Rule-2: Notice to admit documents
    • Rule-2-A: Document to be deemed to be admitted if not denied after service of notice to admit documents
    • Rule-3: Form of notice
    • Rule-4: Notice to admit facts
    • Rule-6: Judgment on admissions
    • Rule-8: Notice to produce documents

    ORDER XIII: PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

    • Rule-1: Original documents to be produced at or before the settlement of issues
    • Rule-10: Court may send for papers from its own record or from other Courts

    ORDER XIV: SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

    • Rule-3: Material from which issues may be framed
    • Rule-4: Court may examine witnesses or documents before framing issues
    • Rule-5 Power to amend and strike out issues

    ORDER XV: DISPOSAL OF THE SUIT AT THE FIRST HEARING

    • Rule-4: Failure to produce evidence

    ORDER XVI: SUMMONING AND ATTENDANCE OF WITNESSES

    • Rule-1: List of witnesses and summons to witnesses
    • Rule-10: Procedure where witness fails to comply with summons
    • Rule-19: No witness to be ordered to attend in person unless resident within certain limits

    ORDER XVI-A : ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS

    • Rule-2: Power to require attendance of prisoners to give evidence
    • Rule-7 Power to issue commission for examination of witness in prison

    ORDER XVII: ADJOURNMENTS

    • Rule-1: Court may grant time and adjourn hearing, Cost of adjournment

    ORDER XVIII : HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

    • Rule-3-A: Party to appear before other witnesses
    • Rule-11: Questions objection to and allowed by Court
    • Rule-12: Remarks on demeanour of witnesses
    • Rule-17: Court may recall and examine witness
    • Rule-18: Power of Court to inspect
    • Rule-19: Power to get statements recorded on commission

    ORDER XIX: AFFIDAVITS

    • Rule-1: Power to order any point to be provided by affidavit
    • Rule-2: Power to order attendance of deponent for cross-examination

    ORDER XXI: EXECUTION OF DECREES AND ORDERS

    Stay of execution

    • Rule-26: When Court may stay execution, Power to require security from, or impose conditions upon, judgment -debtor
    • Rule-29: Stay of execution pending suit between decree -holder and judgment debtor

    Mode of execution

    • Rule-32: Decree for specific performance for restitution of conjugal rights, or for an injunction

    Arrest and detention in civil prison

    • Rule-38: Warrant for arrest to direct judgment - debtor to be brought up

    Sale generally

    • Rule-64: Power to order property attached to be sold and proceeds to be paid to the person entitled
    • Rule-69: Adjournment or stoppage of sale

    Sale of immoveable property

    • Rule-83: Postponement of sale to enable judgment -debtor to raise amount of decree
    • Rule-89: Application to set aside sale on deposit
    • Rule-90: Application to set aside sale on ground of irregularity or fraud
    • Rule-91: Application by purchaser to set aside sale on ground of judgment -debtor having no saleable interest
    • Rule-92: Sale when to become absolute or be set aside

    Resistance to delivery of possession to decree-holder or purchaser

    • Rule-106: Setting aside orders passed ex parte, etc.

    ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OR PARTIES

    • Rule-1: No abatement by party's death, if right to sue survives
    • Rule-7: Suit not abated by marriage of female party
    • Rule-10-A: Duty of pleader to communicate to Court death of a party

    ORDER XXV: SECURITY FOR COSTS

    • Rule-1: When security for costs may be required from plaintiff
    • Rule-2: Effect of failure to furnish security

    ORDER XXVI: COMMISSIONS

    Commissions to examine witnesses

    • Rule-1: Cases in which Court may issue commission to examine witness
    • Rule-2: Order for commission

    Commissions for local investigations

    • Rule-9: Commission to make local investigation

    Commissions for scientific investigation, performance of ministerial act and sale of movable property

    • Rule-10-A: Commission for scientific investigation

    Commissions to examine accounts

    • Rule-11: Commission to examine or adjust accounts

    Commissions to make partitions

    • Rule-13: Commission to make partition of immovable property

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

    • Rule-1: Suits by or against government

    ORDER XXVII-A : SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT

    • Rule- 1: Notice to the Attorney General or the Advocate-General.

    ORDER XXVIII : SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN

    • Rule-1: Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them

    ORDER XXIX : SUITS BY OR AGAINST CORPORATIONS

    • Rule- 1: Subscription and verification of pleading

    ORDER XXX: SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

    • Rule-1: Suing of partners in name of firm
    • Rule-2: Disclosure of partners’ names

    ORDER XXXI: SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

    • Rule- 1: Representation of beneficiaries In suits concerning property vested in trustees, etc.

    ORDER XXXII: SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

    • Rule-1: Minor to sue by next friend
    • Rule-4: Who may act as next friend or be appointed guardian for the suit
    • Rule-9: Removal of next friend
    • Rule-11: Retirement, removal or death of guardian for the suit

    ORDER XXXII-A : SUITS RELATING TO MATTERS CONCERNING THE FAMILY

    • Rule-1: Application of the Order
    • Rule-2: Proceedings to be held in camera
    • Rule-3: Duty of Court to make efforts for settlement
    • Rule-4: Assistance of welfare expert
    • Rule-5: Duty to inquire into facts
    • Rule-6: Family'-Meaning of

    ORDER XXXIII: SUITS BY INDIGENT PERSONS

    • Rule- 1: Suits may be instituted by indigent person

    ORDER XXXIV: SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

    • Rule-1: Parties to suits for foreclosure, sale and redemption

    ORDER XXXV: INTERPLEADER

    • Rule-1: Plaint in interpleaded suit

    ORDER XXXVI: SPECIAL CASE

    • Rule-1: Power to state case for court’s opinion

    ORDER XXXVII: SUMMARY PROCEDURE

    • Rule-1: Courts and classes of suits to which the Order is to apply
    • Rule-2: Institution of summary suit
    • Rule-3: Procedure for the appearance of defendant
    • Rule-4: Power to set aside decree
    • Rule-5: Power to order bill, etc. to be deposited with officer of Court
    • Rule-6: Recovery of cost of noting non-acceptance of dishonoured bill or note
    • Rule-7: Procedure in suits

    ORDER XXXVIII: ARREST AND ATTACHMENT BEFORE JUDGMENT

    • Rule-1: Where defendant may be called upon to furnish security for appearance
    • Rule-5: Where defendant may be called upon to furnish security for production of property.
    • Rule-6: Attachment where cause not shown or security not furnished

    ORDER XXXIX: TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

    • Rule-1: Cases in which temporary injunction may be granted
    • Rule-2 : Injunction to restrain repetition or continuance of breach
    • Rule-2-A: Consequence of disobedience or breach of injunction

    ORDER XL: APPOINTMENT OF RECEIVERS

    • Rule-1: Appointment of receivers

    ORDER XLI: APPEALS FROM ORIGINAL DECREES

    • Rule-2: Ground which may be taken in appeal
    • Rule-3-A: Application for condonation of delay

    Stay of proceedings and of execution

    • Rule-5: Stay by Appellate Court, Stay by Court which passed the decree
    • Rule-6: Security in case of order for execution of decree appealed from

    Procedure on admission of appeal

    • Rule-10: Appellate Court may require appellant to furnish security for costs, Where appellant resides out of India
    • Rule-11: Power to dismiss appeal without sending notice to lower court

    Procedure on hearing

    • Rule-17: Dismissal of appeal for appellant's default, Hearing appeal ex parte
    • Rule-19: Re-admission of appeal dismissed for default
    • Rule-21: Re-hearing on application of respondent against whom ex parte decree made
    • Rule-23: Remand of case by Appellate Court
    • Rule-25: Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
    • Rule-27: Production of additional evidence in Appellate Court
    • Rule-28: Mode of taking additional evidence
    • Rule-29: Points to be defined and recorded
    • Rule-33: Power of Court of appeal

    ORDER XLII: APPEALS FROM APPELLATE DECREES

    • Rule- 1:  Procedure
    • Rule-2:  Power of court to direct that the appeal be heard on the question formulated by it
    • Rule-3:  Application of rule 14 of Order XLI

    ORDER XLIII : APPEALS FROM ORDERS

    • Rule-1:  Appeal from orders
    • Rule-1-A:  Right to challenge non-appealable orders in appeal against decrees
    • Rule-2:  Procedure

    ORDER XLIV : APPEALS BY INDIGENT PERSONS

    • Rule- 1:  Who may appeal as an indigent person
    • Rule-2:  Grant of time for payment of court fee
    • Rule-3:  Inquiry as to whether applicant is an indigent person

    ORDER XLV : APPEALS TO THE SUPREME COURT

    • Rule-1:  “Decree” defined
    • Rule-2:  Application to court whose decree complained of
    • Rule-3:  Certificate as to value or fitness

    ORDER XLVI : REFERENCE

    • Rule- 1:  Reference of question of High Court

    ORDER XLVII : REVIEW

    • Rule-1:  Application for review of judgment

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