Central · Act 5 of 1908

The Code of Civil Procedure, 1908

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

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आधिकारिक दस्तावेज़ / Official document

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About this act

Jurisdiction
Central
Enactment date
1908-03-21
Sections available
171

Commencement information from the source

1909-01-01

Read the sections

1Short title, commencement and extent.→2Definitions.→3Subordination of Courts.→4Savings.→5Application of the Code to Revenue Courts.→6Pecuniary jurisdiction.→7Provincial Small Cause Courts.→8Presidency Small Cause Courts.→9Courts to try all civil suits unless barred.→10Stay of suit.→11Res judicata.→12Bar to further suit.→13When foreign judgment not conclusive.→14Presumption as to foreign judgments.→15Court in which suits to be instituted.→16Suits to be instituted where subject-matter situate.→17Suits for immovable property situate within jurisdiction of different Courts.→18Place of institution of suit where local limits of jurisdiction of Courts are uncertain.→19Suits for compensation for wrongs to person or movables.→20Other suits to be instituted where defendants reside or cause of action arises.→21Objections to jurisdiction.→21ABaron suit to set aside decree on objection as to place of suing.→22Power to transfer suits which may be instituted in more than one Court.→23To what Court application lies.→24General power of transfer and withdrawal.→25Power of Supreme Court to transfer suits, etc.→26Institution of suits.→27Summons to defendants.→28Service of summons where defendant resides in another State.→29Service of foreign summonses.→30Power to order discovery and the like.→31Summons to witness.→32Penalty for default.→33Judgment and decree.→34Interest.→35Costs.→35ACompensatory costs in respect of false or vexatious claims or defences.→35BCosts for causing delay.→36Application to orders.→37Definition of Court which passed a decree.→38Court by which decree may be executed.→39Transfer of decree.→40Transfer of decree to Court in another State.→41Result of execution proceedings to be certified.→42Powers of Court in executing transferred decree.→43Execution of decrees passed by Civil Courts in places to which this Code does not extend.→44Execution of decrees passed by Revenue Courts in places to which this Code does not extend.→44AExecution of decrees passed by Courts in reciprocating territory.→45Execution of decrees outside India.→46Precepts.→47Questions to be determined by the Court executing decree.→48[Repealed.].→49Transferee.→50Legal representative.→51Powers of Court to enforce execution.→52Enforcement of decree against legal representative.→53Liability of ancestral property.→54Partition of estate or separation of share.→55Arrest and detention.→56Prohibition of arrest or detention of women in execution of decree for money.→57Subsistence-allowance.→58Detention and release.→59Release on ground of illness.→60Property liable to attachment and sale in execution of decree.→61Partial exemption of agricultural produce.→62Seizure of property in dwelling-house.→63Property attached in execution of decrees of several Courts.→64Private alienation of property after attachment to be void.→65Purchaser's title.→66[Repealed.].→67Power for State Government to make rules as to sales of land in execution of decrees for payment of money.→68[Repealed.].→69[Repealed.].→70[Repealed.].→71[Repealed.].→72[Repealed.].→73Proceeds of execution sale to be rateably distributed among decree-holders.→74Resistance to execution.→75Power of Court to issue commissions.→76Commission to another Court.→77Letter of request.→78Commissions issued by foreign Courts.→79Suits by or against Government.→80Notice.→81Exemption from arrest and personal appearance.→82Execution of decree.→83When aliens may sue.→84When foreign States may sue.→85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.→86Suits against foreign Rulers, Ambassadors and Envoys.→87Style of foreign Rulers as parties to suits.→87ADefinitions of foreign State and Ruler.→87BApplication of sections 85 and 86 to Rulers of former Indian States.→88Where interpleader-suit may be instituted.→89Settlement of disputes outside the Court.→90Power to state case for opinion of Court.→91Public nuisances and other wrongful acts affecting the public.→92Public charities.→93Exercise of powers of Advocate-General outside presidency-towns.→94Supplemental proceedings.→95Compensation for obtaining arrest, attachment or injunction on insufficient ground.→96Appeal from original decree.→97Appeal from final decree where no appeal from preliminary decree.→98Decision where appeal heard by two or more Judges.→99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.→99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.→100Second appeal.→100ANo further appeal in certain cases.→101Second appeal on no other grounds.→102No second appeal in certain cases.→103Power of High Court to determine issue of fact.→104Orders from which appeal lies.→105Other orders.→106What Courts to hear appeals.→107Powers of Appellate Court.→108Procedure in appeals from appellate decrees and orders.→109When appeals lie to the Supreme Court.→110[Omitted.].→111[Omitted.].→111A[Omitted.].→112Savings.→113Reference to High Court.→114Review.→115Revision.→116Part to apply only to certain High Courts.→117Application of Code to High Courts.→118Execution of decree before ascertainment of costs.→119Unauthorised persons not to address Court.→120Provisions not applicable to High Court in original civil jurisdiction.→121Effect of rules in First Schedule.→122Power of certain High Courts to make rules.→123Constitution of Rule Committees in certain States.→124Committee to report to High Court.→125Power of other High Courts to make rules.→126Rules to be subject to approval.→127Publication of rules.→128Matters for which rules may provide.→129Power of High Courts to make rules as to their original Civil procedure.→130Power of other High Courts to make rules as to matters other than procedure.→131Publication of rules.→132Exemption of certain women from personal appearance.→133Exemption of other persons.→134Arrest other than in execution of decree.→135Exemption from arrest under civil process.→135AExemption of members of legislative bodies from arrest and detention under civil process.→136Procedure where person to be arrested or property to be attached is out side district.→137Language of subordinate Courts.→138Power of High Court to require evidence to be recorded in English.→139Oath on affidavit by whom to be administered.→140Assessors in causes of salvage, etc.→141Miscellaneous proceedings.→142Orders and notices to be in writing.→143Postage.→144Application for restitution.→145Enforcement of liability of surety.→146Proceedings by or against representatives.→147Consent or agreement by persons under disability.→148Enlargement of time.→148ARight to lodge a caveat.→149Power to make up deficiency of court-fees.→150Transfer of business.→151Saving of inherent powers of Court.→152Amendment of judgments, decrees or orders.→153General power to amend.→153APower to amend decree or order where appeal is summarily dismissed.→153BPlace of trial to be deemed to be open Court.→154[Repealed.].→155[Repealed.].→156[Repealed.].→157Continuance of orders under repealed enactments.→158Reference to Code of Civil Procedure and other repealed enactments.→

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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.

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