the code of civil procedure 1908

1 

Amendments made in the Code of Civil Procedure, 1908 by the Commercial Courts, Commercial 
Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016) 

 
THE CODE OF CIVIL PROCEDURE, 1908 

______ 

ARRANGEMENT OF SECTIONS 
______ 

PRELIMINARY 
SECTIONS 

1.  Short title, commencement and extent. 

2. Definitions. 

3. Subordination of Courts. 

4. Savings. 

5. Application of the Code to Revenue Courts. 

6. Pecuniary jurisdiction. 

7. Provincial Small Cause Courts. 

8. Presidency Small Cause Courts. 

PART I 

SUITS IN GENERAL 

JURISDICTION OF THE COURTS AND RESJUDICATA 

9. Courts to try all civil suits unless barred. 

10. Stay of suit. 

11.  Res judicata. 

12. Bar to further suit. 

13. When foreign judgment not conclusive. 

14. Presumption as to foreign judgments. 

PLACE OF SUING 

15. Court in which suits to be instituted. 

16. Suits to be instituted where subject-matter situate. 

17. Suits for immovable property situate within jurisdiction of different Courts. 

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

19. Suits for compensation for wrongs to person or movables. 

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

21. Objections to jurisdiction. 

21A. Baron suit to set aside decree on objection as to place of suing. 

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

23. To what Court application lies. 

24. General power of transfer and withdrawal. 

25. Power of Supreme Court to transfer suits, etc.  

INSTITUTION OF SUITS 

26.  Institution of suits. 

 



2 

SUMMONS AND DISCOVERY 

SECTIONS 

27. Summons to defendants. 

28. Service of summons where defendant resides in another State. 

29. Service of foreign summonses. 

30. Power to order discovery and the like. 

31. Summons to witness. 

32. Penalty for default. 

JUDGMENT AND DECREE 

33. Judgment and decree. 

  

 INTEREST 

34. Interest. 

COSTS 

35. Costs. 

35A. Compensatory costs in respect of false or vexatious claims or defences. 

35B. Costs for causing delay. 

PART II  

EXECUTION 

GENERAL 

36.  Application to orders. 

37. Definition of Court which passed a decree. 

COURTSBYWHICHDECREESMAY BE EXECUTED 

38. Court by which decree may be executed. 

39.Transfer of decree. 

40. Transfer of decree to Court in another State. 

41. Result of execution proceedings to be certified. 

42. Powers of Court in executing transferred decree. 

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

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

44A. Execution of decrees passed by Courts in reciprocating territory. 

45. Execution of decrees outside India. 

46. Precepts. 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE 

47. Questions to be determined by the Court executing decree. 

LIMIT OF TIME FOR EXECUTION 

48. [Repealed.]. 

TRANSFEREES AND LEGAL REPRESENTATIVES 

49. Transferee. 



3 

SECTIONS 

50. Legal representative. 

PROCEDURE IN EXECUTION 

51. Powers of Court to enforce execution. 

52. Enforcement of decree against legal representative. 

53. Liability of ancestral property. 

54. Partition of estate or separation of share. 

ARREST AND DETENTION 

55. Arrest and detention. 

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

57. Subsistence-allowance. 

58. Detention and release. 

59. Release on ground of illness. 

ATTACHMENT 

60. Property liable to attachment and sale in execution of decree. 

61. Partial exemption of agricultural produce. 

62. Seizure of property in dwelling-house. 

63. Property attached in execution of decrees of several Courts. 

64. Private alienation of property after attachment to be void.  
 

SALE 

65. Purchaser’s title. 

66. [Repealed.]. 

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 

68. [Repealed.]. 
69. [Repealed.]. 
70. [Repealed.]. 
71. [Repealed.]. 
72. [Repealed.]. 

DISTRIBUTION OF ASSETS 

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

RESISTANCE TO EXECUTION 

74. Resistance to execution. 

PART III 

INCIDENTAL PROCEEDINGS 

COMMISSIONS 

75. Power of Court to issue commissions. 



4 

SECTIONS 

76. Commission to another Court. 

77. Letter of request. 

78. Commissions issued by foreign Courts. 

PART IV 

SUITS IN PARTICULAR CASES 

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

79. Suits by or against Government. 

80. Notice. 

81. Exemption from arrest and personal appearance. 

82. Execution of decree. 

 

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

83.When aliens may sue. 

84.When foreign States may sue. 

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

86. Suits against foreign Rulers, Ambassadors and Envoys. 

87. Style of foreign Rulers as parties to suits. 

87A. Definitions of “foreign State” and “Ruler” 

SUITS AGAINST RULERS OF FORMER INDIAN STATES 

 87B. Application of sections 85 and 86 to Rulers of former Indian States.  

                                                                     INTERPLEADER 

88.Where interpleader-suit may be instituted. 

PART V 

SPECIAL PROCEEDINGS  

ARBITRATION 

89. Settlement of disputes outside the Court. 

SPECIAL CASE 

90. Power to state case for opinion of Court. 

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC 

91. Public nuisances and other wrongful acts affecting the public. 

92. Public charities. 

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

PART VI 

SUPPLEMENTAL PROCEEDINGS 

94. Supplemental proceedings. 

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



5 

PART VII 

APPEALS 

APPEALS FROM ORIGINAL DECREES 

SECTIONS 

96. Appeal from original decree. 

97. Appeal from final decree where no appeal from preliminary decree. 

98.  Decision where appeal heard by two or more Judges. 

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

99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially 
affected. 

APPEALS FROM APPELLATE DECREES 

100. Second appeal. 

100A. No further appeal in certain cases. 

101. Second appeal on no other grounds. 

102. No second appeal in certain cases. 

103. Power of High Court to determine issue of fact.  
 

APPEALS FROM ORDERS 

104. Orders from which appeal lies. 

105. Other orders. 

106. What Courts to hear appeals. 

GENERAL PROVISIONS RELATING TO APPEALS 

107. Powers of Appellate Court. 

108. Procedure in appeals from appellate decrees and orders.  
 

APPEALS TO THE SUPREMECOURT 

109. When appeals lie to the Supreme Court.  

110. [Omitted.]. 

111. [Omitted.]. 

111A. [Omitted.]. 

112. Savings. 

PART VIII 

REFERENCE, REVIEW AND REVISION 

113. Reference to High Court. 

114. Review. 

115. Revision. 

PART IX 

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

JUDICIAL COMMISSIONER 

116. Part to apply only to certain High Courts. 



6 

SECTIONS 

117. Application of Code to High Courts. 

118. Execution of decree before ascertainment of costs. 

119. Unauthorised persons not to address Court. 

120. Provisions not applicable to High Court in original civil jurisdiction. 

PART X 

RULES 

121. Effect of rules in First Schedule. 

122. Power of certain High Courts to make rules. 

123.Constitution of Rule Committees in certain States. 

124. Committee to report to High Court. 

125. Power of other High Courts to make rules. 

126. Rules to be subject to approval. 

127. Publication of rules. 

128. Matters for which rules may provide. 

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

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

131. Publication of rules. 

PART XI 

MISCELLANEOUS 

132. Exemption of certain women from personal appearance. 

133. Exemption of other persons. 

134. Arrest other than in execution of decree. 

135. Exemption from arrest under civil process. 

135A. Exemption of members of legislative bodies from arrest and detention under civil process. 

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

137. Language of subordinate Courts. 

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

139. Oath on affidavit by whom to be administered. 

140. Assessors in causes of salvage, etc. 

141. Miscellaneous proceedings. 

142. Orders and notices to be in writing. 

143. Postage. 

144. Application for restitution. 

145. Enforcement of liability of surety. 

146. Proceedings by or against representatives. 

147. Consent or agreement by persons under disability. 

148. Enlargement of time.  

148A. Right to lodge a caveat. 

149. Power to make up deficiency of court-fees. 



7 

150. Transfer of business. 

151. Saving of inherent powers of Court. 

152. Amendment of judgments, decrees or orders. 

153. General power to amend. 

153A. Power to amend decree or order where appeal is summarily dismissed. 

153B. Place of trial to be deemed to be open Court. 

154. [Repealed.]. 
155. [Repealed.]. 
156. [Repealed.]. 

157. Continuance of orders under repealed enactments. 

158. Reference to Code of Civil Procedure and other repealed enactments. 

THE FIRST SCHEDULE . —RULES OF PROCEDURE 

APPENDIX A.—PLEADINGS. 

APPENDIX B.—PROCESS, 

APPENDIX C. —DISCOVERY, INSPECTION AND ADMISSION. 

APPENDIX D.—DECREES. 

APPENDIX E.—EXECUTION. 

APPENDIX F.—SUPPLEMENTAL PROCEEDINGS. 

APPENDIX G —APPEAL, REFERENCE AND REVIEW. 

APPENDIX H.—MISCELLANEOUS. 

APPENDIX I.—STATEMENT OF TRUTH. 

THE SECOND SCHEDULE —[Repealed.].  

THE THIRD SCHEDULE. —[Repealed.].  

THE FOURTH SCHEDULE. —[Repealed.].  

THE FIFTH SCHEDULE. —[Repealed.].  

ANNEXURE. 



8 

THE CODE OF CIVIL PROCEDURE, 1908 

ACT NO. 5 OF 19081 

[21st March, 1908.] 

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

Judicature. 

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts 
of Civil Judicature : It is hereby enacted as follows : — 

 

PRELIMINARY 

1. Short title, commencement and extent.—(1)This Act may be cited as the Code of Civil 
Procedure,1908. 

(2) It shall come into force on the first day of January, 1909. 

                                                      

1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by 

Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar 

Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore 

Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by 

Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by 

notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts :—  

(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills Goalpara (including the Eastern 

Duars),Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excluding the Mikir Hill Tracts) 

and Lakhimpur (excluding the Dibrugarh Frontier Tracts) : Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt 

I, p. 1690. 

(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur : 

Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33. 

(3) The Province of Kumaon and Garhwal and the TaraiParganas (with modifications) : U.P. Gazette, 1909, Pt. I, p. 3 

and Gazette of India, 1909, Pt. I, p. 31. 

(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette, 

1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32. 

(5) Coorg : Gazette of India, 1909, Pt. I, p. 32. 

(6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt. I, p. 33. 

(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I. p. 152. 

(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the 

attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such 

property : Gazette of India, 1909, Pt. I, p. 239. 

(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480. 

(10) ParganaDhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District 

of Singhbhum : Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909. Pt. I, p. 443. 

Under s. 3(3)(a) of the SonthalParganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules 

4 to 9 in Order XXI in the First Schedule have been declared to be in force in the SonthalParganas and the rest 

of the Code for the trial of suits referred to in s. 10 of the SonthalParganas Justice Regulation, 1893 (5 of 

1893) : see Calcutta, Gazette, 1909, Pt. I, p. 45. 

It has been declared to be in force in PanthPiploda by the PanthPiploda Laws Regulation. 1929 (1 of 
1929), s. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and Sch. and 
in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch. 

It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation, (5 of 1951) s.2. 

It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the 
Union Territory of Lakshadweep(w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch. : to Goa, Daman and 
Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 
1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599(E), dated 13-
8-1984, Gazette of India Extraordinary., Part. II, s. 3. 

 



9 

1
[(3) It extends to the whole of India except— 

(a) the State of Jammu and Kashmir; 

(b) the State of Nagaland and the tribal areas : 

Provided that the State Government concerned may, by notification in the Official Gazette, extend the 
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, 
as the case may be, with such supplemental, incidental or consequential modifications as may be specified 
in the notification. 

Explanation. — In this clause, “tribal areas” means the territories which, immediately before the 21st 
day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the 
Sixth Schedule to the Constitution. 

(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam 
Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this 
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such 
Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.] 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—  

(1) “Code” includes rules; 

(2) “decree” means the formal expression of an adjudication which, so far as regards the Court 
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in 
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of 
a plaint and the determination of any question within 

2
*** section 144, but shall not include— 

(a) any adjudication from which an appeal lies as an appeal from an order, or 

(b) any order of dismissal for default. 

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit 
can be completely disposed of. It is final when such adjudication completely disposes of the suit. It 
may be partly preliminary and partly final; 

(3) “decree-holder” means any person in whose favour a decree has been passed or an order 
capable of execution has been made; 

(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original 
jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original 
civil jurisdiction of a High Court; 

3
[(5) “foreign Court” means a Court situate outside India and not established or continued by the 

authority of the Central Government;] 

(6) “foreign judgment” means the judgment of a foreign Court; 

(7) “Government Pleader” includes any officer appointed by the State Government to perform all 
or any of the functions expressly imposed by this Code on the Government Pleader and also any 
pleader acting under the directions of the Government Pleader; 

4
[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in 

Calcutta; 

(7B) “India”, except in sections 1, 29, 43, 44, 
5
[44A,] 78, 79, 82, 83 and 87A, means the territory of 

India excluding the State of Jammu and Kashmir;] 

(8) “Judge” means the presiding officer of a Civil Court; 

                                                      

1. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977). 

2. The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977). 

3. Subs. by Act 2 of 1951, s. 4, for clause (5).   

4. Ins. by s. 4 ibid. 

5. Ins. by Act 42 of 1953, s. 4 and the Third Sch. 



10 

(9) “judgment” means the statement given by the Judge of the grounds of a decree or order; 

(10) “judgment-debtor” means any person against whom a decree has been passed or an order 
capable of execution has been made; 

(11) “legal representative” means a person who in law represents the estate of a deceased person, 
and includes any person who intermeddles with the estate of the deceased and where a party sues or 
issued in a representative character the person on whom the estate devolves on the death of the party 
so suing or sued; 

(12) “mesne profits” of property means those profits which the person in wrongful possession of 
such property actually received or might with ordinary diligence have received therefrom, together 
with interest on such profits, but shall not include profits due to improvements made by the person in 
wrongful possession; 

(13) “movable property” includes growing crops; 

(14) “order” means the formal expression of any decision of a Civil Court which is not a decree; 

(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an 
advocate, a vakil and an attorney of a High Court; 

(16) “prescribed” means prescribed by rules; 

(17) “public officer” means a person falling under any of the following descriptions, namely :—  

(a) every Judge; 

(b) every member of  
1
[an All-India Service]; 

(c) every commissioned or gazetted officer in the military 
2
[naval or air] forces of 

3
[the Union] 

4
*** while serving under the Government; 

(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on 
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or 
dispose of any property, or to execute any judicial process, or to administer any oath, or to 
interpret, or to preserve order, in the Court, and every person especially authorised by a court of 
Justice to perform any of such duties; 

(e) every person who holds any office by virtue of which he is empowered to place or keep any 
person in confinement; 

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give 
information of offences, to bring offenders to justice, or to protect the public health, safety or 
convenience; 

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property 
on behalf of the Government, or to make any survey, assessment or contract on behalf of the 
Government, or to execute any revenue process, or to investigate, or to report on, any matter 
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document 
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the 
protection of the pecuniary interests of the Government; and 

(h) every officer in the service or pay of the Government, or remunerated by fees or commission 
for the performance of any public duty; 

(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or 
section 125; 

(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or 
bonds; and 

(20) “signed”, save in the case of a judgment or decree, includes stamped. 

                                                      
1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).  

2. Subs. by Act 35 of 1934, s. 2 and the Sch., for “or naval”. 

3. Subs. by the A.O. 1950, for “his Majesty”. 

4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Sch. 



11 

1
*         *                    *                     *               * 

3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the 
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small 
Causes is subordinate to the High Court and District Court. 

4. Savings.—(1) In the absence of any specific provision to the Contrary, nothing in this Code shall 
be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or 
power conferred, or any special form of procedure prescribed, by or under any other law for the time 
being in force. 

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), 
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or 
landlord may have under any law for the time being in force for the recovery of rent of agricultural land 
from the produce of such land. 

5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by 
the provisions of this Code in those matters of procedure upon which any special enactment applicable to 
them is silent, the State Government 

2
*** may, by notification in the Official Gazette, declare that any 

portions of those provisions which are not expressly made applicable by this Code shall not apply to those 
Courts, or shall only apply to them with such modifications as the State Government 

3
* * * may prescribe. 

(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to 
entertain suits or other proceedings relating to the rent, revenue or profits of land used for 
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code 
to try such suits or proceedings as being suits or proceedings of a civil nature. 

6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly provided, nothing herein 
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter 
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction. 

7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts 
constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) 

4
[or under the Berar Small 

Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 
5
[under the 

said Act or Law], 
6
[or to Courts in 

7
[any part of India to which the said Act does not extend] exercising a 

corresponding jurisdiction that is to say.— 

(a) so much of the body of the Code as relates to— 

(i) suits excepted from the cognizance of a Court of Small Causes; 

(ii) the execution of decrees in such suits; 

(iii) the execution of decrees against immovable property; and 

(b) the following sections, that is to say,— 

section 9, 

sections 91 and 92, 

sections 94 and 95 
8
[so far as they authorize or relate to]— 

 (i) orders for the attachment of immovable property, 

(ii) injunctions, 

(iii) the appointment of a receiver of immovable property, or 

                                                      

1. Clause (21) omitted by Act 2 of 1951, s. 4 earlier ins. by the A.O. 1950. 
2. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Sch. Pt. I. 

3. The words “with the sanction aforesaid” omitted by s. 2 and the First Sch., Pt. I, ibid. 

4. Ins. by Act 4 of 1941, s. 2 and the Third Sch. 

5. Subs. by s. 2 and the Third Sch., ibid., for “under that Act”.  

6. Ins. by Act 2 of 1951, s. 5. 

7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”. 
8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” . 



12 

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115. 

8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and 
(c), 76,

1
[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the 

provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small 
Causes established in the towns of Calcutta, Madras and Bombay : 

2
[Provided that— 

 

(1)  the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may 
from time to time, by notification in the Official Gazette, direct

3
 that any such provisions not inconsistent 

with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), and with such 
modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings 
or any class of suits or proceedings in such Court. 

(2) All rules heretofore made by any of the said High Courts under section 9 of the Presidency 
Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.] 

PART I 

SUITS IN GENERAL 

JURISDICTION OF THE COURTS AND Res Judicata 

9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions herein 
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is 
either expressly or impliedly barred. 

4
[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil 

nature, notwithstanding that such right may depend entirely on the decision of questions as to religious 
rites or ceremonies.

 

5
[Explanation I].—For the purposes of this section, it is immaterial whether or not any fees are attached 

to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
 

10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also 
directly and substantially in issue in a previously instituted suit between the same parties, or between 
parties under whom they or any of them claim litigating under the same title where such suit is pending in 
the same or any other Court in 

6
[India] have jurisdiction to grant the relief claimed, or in any Court 

beyond the limits of 
6
[India] established or continued by 

7
[the Central Government 

8
* * *.] and having 

like jurisdiction, or before 
9
[the Supreme Court]. 

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in 
6
[India] from 

trying a suit founded on the same cause of action. 

11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially in 
issue has been directly and substantially in issue in a former suit between the same parties, or between 
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try 
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and 
finally decided by such Court. 

                                                      
1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977). 

2. Added by Act 1 of 1914, s. 2. 

3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814. 

4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977). 

5. Ins. by s. 5, ibid., (w.e.f. 1-2-1977).  

6. Subs. by Act 2 of 1951, s. 3, for “the States”. 

7. Subs. by the A.O. 1937, for “the G.G. in C.” 

8. The words “or the Crown Representative” omitted by the A.O. 1948. 

9. Subs. by the A.O. 1950, for “His Majesty in Council”. 



13 

Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit 
in question whether or not it was instituted prior thereto. 

Explanation II.—For the purposes of this section, the competence of a Court shall be determined 
irrespective of any provisions as to a right of appeal from the decision of such Court. 

Explanation III.—The matter above referred to must in the former suit have been alleged by one party 
and either denied or admitted, expressly or impliedly, by the other. 

Explanation IV.—Any matter which might and ought to have been made ground of defence or attack 
in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. 

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall 
for the purposes of this section, be deemed to have been refused. 

Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right 
claimed in common for themselves and others, all persons interested in such right shall, for the purposes 
of this section, be deemed to claim under the persons so litigating . 

1
[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree 

and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a 
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the 
execution of that decree. 

Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to 
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of 
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been 
subsequently raised.] 

12. Bar to further suit —Where a plaintiff is precluded by rules from instituting a further suit in 
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause 
of action in any Court to which this Code applies. 

13. When foreign judgment not conclusive.—A foreign judgment shall be conclusive as to any 
matter thereby directly adjudicated upon between the same parties or between parties under whom they or 
any of them claim litigating under the same title except—  

(a) where it has not been pronounced by a Court of competent jurisdiction; 

(b) where it has not been given on the merits of the case; 

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international 
law or a refusal to recognise the law of 

2
[India] in cases in which such law is applicable; 

(d) where the proceedings in which the judgment was obtained are opposed to natural justice; 

(e) where it has been obtained by fraud; 

(f) where it sustains a claim founded on a breach of any law in force in 
2
[India]. 

14. Presumption as to foreign judgments.—The Court shall presume upon the production of any 
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by 
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be 
displaced by proving want of jurisdiction. 

PLACE OF SUING 

15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest 
grade competent to try it. 

16. Suits to be instituted where subject-matter situate.—Subject to the pecuniary or other 
limitations prescribed by any law, suits—  

(a) for the recovery of immovable property with or without rent or profits, 

(b) for the partition of immovable property, 

                                                      
1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977). 

2. Subs. by Act 2 of 1951, s. 3, for “the States”. 



14 

(c)  for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable 
property, 

(d) or the determination of any other right to or interest in immovable property, 

(e) for compensation for wrong to immovable property, 

(f) for the recovery of movable property actually under distraint or attachment, 

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate: 

Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held 
by or on behalf of the defendant may, where the relief sought can be entirely obtained through his 
personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the 
property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and 
voluntarily resides, or carries on business, or personally works for gain. 

Explanation.—In this section “property” means property situate in 
1
[India]. 

17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to 
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of 
different Courts. the suit may be instituted in any Court within the local limits of whose jurisdiction any 
portion of the property is situate : 

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by 
such Court. 

18. Place of Institution of suit where local limits of jurisdiction of Courts are                      
uncertain.—(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of 
two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there 
is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain 
and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if 
the property were situate within the local limits of its jurisdiction: 

Provided that the suit is one with respect to which the Court is competent as regards the nature and 
value of the suit to exercise jurisdiction. 

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an 
Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a 
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not 
allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable 
ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a 
consequent failure of justice. 

19. Suits for compensation for wrongs to person or movables.—Where a suit is for compensation for 
wrong done to the person or to movable property, if the wrong was done within the local limits of the 
jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within 
the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in 
either of the said Courts. 

Illustrations 
 

(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi. 

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in 

Delhi. 

20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to 
the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose 
jurisdiction— 

(a) the defendant, or each of the defendants where there are more than one, at the time of the 
commencement of the suit, actually and voluntarily resides, or carries on business, or personally works 
for gain; or 

(b) any of the defendants, where there are more than one, at the time of the commencement of the 
suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided 

                                                      
1. Subs. by Act 2 of 1951, s. 3 for “the States”  



15 

that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on 
business, or personally works for gain, as aforesaid, acquiesce in such institution; or 

(c) The cause of action, wholly or in part, arises. 

1
*   *   *   *  * 

2
[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office in 

3
[India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at 

such place.
 

Illustrations 

(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A 

and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. 

A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B 

carries on business. 

(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint 

promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action 

arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if 

the non-resident defendant objects, the suit cannot proceed without the leave of the Court. 

21. Objections to jurisdiction.—
4
[(1)] No objection as to the place of suing shall be allowed by any 

Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest 
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there 
has been a consequent failure of justice. 

5
[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its 

jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the 
Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or 
before such settlement, and unless there has been a consequent failure of justice.

 

(3) No objection as to the competence of the executing Court with reference to the local limits of its 
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the 
executing Court at the earliest possible opportunity, and unless there has been a consequent failure of 
justice.] 

6
[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie 

challenging the validity of a decree passed in a former suit between the same parties, or between the 
parties under whom they or any of them claim, litigating under the same title, on any ground based on an 
objection as to the place of suing.

 

Explanation.—The expression “former suit” means a suit which has been decided prior to the 
decision in the suit in which the validity of the decree is questioned, whether or not the previously 
decided suit was instituted prior to the suit in which the validity of such decree is questioned.] 

22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may 
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after 
notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are 
settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to 
which such application is made, after considering the objections of the other parties (if any), shall 
determine in which of the several Courts having jurisdiction the suit shall proceed. 

                                                      
1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977). 

2. Subs. by s. 7, ibid., for “Explanation II” (w.e.f. 1-2-1977). 

3. Subs. by Act 2 of 1951, s. 3 for “the States”. 

4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977). 

5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977). 

6. Ins by s. 9, ibid. (w.e.f. 1-2-1977). 



16 

23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate 
to the same Appellate Court, an application under section 22 shall be made to the Appellate Court. 

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the 
application shall be made to the said High Court. 

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the 
High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate. 

24. General power of transfer and withdrawal.—(1) On the application of any of the parties and 
after notice to the parties and after hearing such of them as desired to be heard, or of its own motion 
without such notice, the High Court or the District Court may at any stage—  

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court 
subordinate to it and competent to try or dispose of the same, or 

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and— 

(i) try or dispose of the same; or 

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or 
dispose of the same; or 

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. 

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court 
which 

1
[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the 

case of an order of transfer, either retry it or proceed from the point at which it was transferred or 
withdrawn. 

2
[(3) For the purposes of this section,— 

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District 
Court; 

(b) “proceeding” includes a proceeding for the execution of a decree or order.] 

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small 
Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 

3
[(5) A suit or proceeding may be transferred under this section from a Court which has no 

jurisdiction to try it.]
 

4
[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice 

to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if 
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other 
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil 
Court in another State. 

(2) Every application under this section shall be made by a motion which shall be supported by an 
affidavit. 

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special 
directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. 

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that 
the application was frivolous or vexatious, order the applicant to pay by way of compensation to any 
person who has opposed the application such sum, not exceeding two thousand rupees, as it considers 
appropriate in the circumstances of the case. 

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be 
the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to 
have applied to such suit, appeal or proceeding.] 

                                                      
1. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).  

2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).    

3. Ins. by s. 10, ibid, (w.e.f. 1-2-1977). 

4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977). 



17 

INSTITUTION OF SUITS 

26. Institution of suits. —
1
[(1)] Every suit shall be instituted by the presentation of a plaint or in such 

other manner as may be prescribed. 

 
2
[(2) In every plaint, facts shall be proved by affidavit:] 

SUMMONS AND DISCOVERY 

27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to 
the defendant to appear and answer the claim and may be served in manner prescribed 

2
[on such day not 

beyond thirty days from date of the institution of the suit.] 

28. Service of summons where defendant resides in another State.—(1) A summons may be sent for 
service in another State to such Court and in such manner as may be prescribed by rules in force in that State. 

(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been 
issued by such Court and shall then return the summons to the Court of issue together with the record (if 
any) of its proceedings with regard thereto. 

3
[(3) Where the language of the summons sent for service in another State is different from the 

language of the record referred to in sub-section (2), a translation of the record,— 
 

(a) in Hindi, where the language of the Court issuing the summons is Hindi, or 

(b) in Hindi or English where the language of such record is other than Hindi or English, 

shall also be sent together with the record sent under that sub-section.] 
4
[29. Service of foreign summonses.—Summonses and other processes issued by— 

 

(a) any Civil or Revenue Court established in any part of India to which the provisions of this 
Code do not extend, or 

(b) any Civil or Revenue Court established or continued by the authority of the Central 
Government outside India, or 

(c) any other Civil or Revenue Court outside India to which the Central Government has, by 
notification in the Official Gazette, declared the provisions of this section to apply, 

may be sent to the Courts in the territories to which this Code extends, and served as if they were 
summonses issued by such Courts.] 

30. Power to order discovery and the like.—Subject to such conditions and limitations as may be 
prescribed, the Court may, at any time, either of its own motion or on the application of any party,—  

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and 
answering of interrogatories, the admission of documents and facts, and the discovery, inspection, 
production, impounding and return of documents or other material objects producible as evidence; 

(b) issue summonses to persons whose attendance is required either to give evidence or to 
produce documents or such other objects as aforesaid; 

(c) order any fact to be proved by affidavit. 

31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give 
evidence or to produce documents or other material objects.  

32. Penalty for default.—The Court may compel the attendance of any person to whom a summons 
has been issued under section 30 and for that purpose may—  

(a) issue a warrant for his arrest; 

(b) attach and sell his property; 

                                                      
1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002). 

2. Ins by s. 3, ibid. (w.e.f. 1-2-2002). 

3. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977). 
4. Subs. by Act 2 of 1951, s. 6, for section 29.  

 



18 

(c) impose a fine upon him 
1
[not exceeding five thousand rupees]; 

(d) order him to furnish security for his appearance and in default commit him to the civil prison. 

JUDGMENT AND DECREE 

33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and 
on such judgment a decree shall follow. 

INTEREST 

34. Interest.— (1) Where and in so far as a decree is for the payment of money, the Court may, in the 
decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, 
from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum 
for any period prior to the institution of the suit, 

2
[with further interest at such rate not exceeding six per cent. 

per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of 
payment, or to such earlier date as the Court thinks fit : 

3
[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial 

transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the 
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or 
advanced by nationalised banks in relation to commercial transactions. 

Explanation I.—In this Sub-section, “nationalised bank” means a corresponding new bank as defined 
in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). 

Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is 
connected with the industry, trade or business of the party incurring the liability.] 

(2) Where such a decree is silent with respect to the payment of further interest 
4
[on such principal 

sum] from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to 
have refused such interest, and a separate suit therefor shall not lie. 

COSTS 

35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of 
any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, 
and the Court shall have full power to determine by whom or out of what property and to what extent such 
costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has 
no jurisdiction to try the suit shall be no bar to the exercise of such powers. 

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons 
in writing. 

 
5
*   *   *   *   * 

 
6
[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit 

or other proceedings 
7
[including an execution proceeding but 

8
[excluding an appeal or a revision]] any 

party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against 
the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if 
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole 
or in part, the Court, 

9
[if it so thinks fit], may, after recording its reasons for holding such claim or 

defence to be false or vexatious, make an order for the payment to the object or by the party by whom 
such claim or defence has been put forward, of cost by way of compensation. 

                                                      
1. Subs. by Act 46 of 1999, s. 4, for “not exceeding five thousand rupees” (w.e.f. 1-7-2002). 

2. Subs. by Act 66 of 1956, s. 2, for certain words.   

3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977).    

4. Subs. by Act 66 of 1956, section 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957). 

5. Sub-section (3) omitted by Act 66 of 1956, s. 3. 

6. S. 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State 

Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, 

Orissa and Madras. 

7. Subs. by Act 66 of 1956, s. 4, for “not being an appeal”. 

8. Subs. by Act 104 of 1976, s. 14, for “excluding an appeal” (w.e.f. 1-2-1977). 

9. Subs. by Act 66 of 1956, s. 4, for “if the objection has been taken at the earliest opportunity and if it is satisfied of the justice 

thereof”. 



19 

(2) No Court shall make any such order for the payment of an amount exceeding 
1
[three thousand 

rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less: 

Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of 

a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), 
2
[or under a 

corresponding law in force in 
3
[any part of India to which the said Act does not extend]] and not being a 

Court constituted 
4
[under such Act or law], are less than two hundred and fifty rupees, the High Court 

may empower such Court to award as costs under this section any amount not exceeding two hundred and 

fifty rupees and not exceeding those limits by more than one hundred rupees: 

Provided, further, that the High Court may limit the amount which any Court or class of Courts is 

empowered to award as costs under this section. 

(3) No person against whom an order has been made under this section shall, by reason thereof, be 
exempted from any criminal liability in respect of any claim or defence made by him. 

(4) The amount of any compensation awarded under this section in respect of a false or vexatious 
claim or defence shall be taken into account in any subsequent suit for damages or compensation in 
respect of such claim or defence.] 

5
[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any 

step therein, a party to the suit— 
 

(a) fails to take the step which he was required by or under this Code to take on that date, or
 

(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
 

the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party 
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in 
respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on 
the date next following the date of such order, shall be a condition precedent to the further prosecution 
of— 

(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs, 

(b) the defence by the defendant, where the defendant was ordered to pay such costs. 

Explanation.—Where separate defences have been raised by the defendant or groups of defendants, 
payment of such costs shall be a condition precedent to the further prosecution of the defence by such 
defendants or groups of defendants as have been ordered by the Court to pay such costs. 

(2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs 
awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up 
indicating the amount of such costs and the names and addresses of the persons by whom such costs are 
payable and the order so drawn up shall be executable against such persons. ] 

PART II 
EXECUTION  

GENERAL 
6
[36. Application to orders.—The provisions of this Code relating to the execution of decrees 

(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed 
to apply to the execution of orders (including payment under an order).] 

37. Definition of Court which passed a decree.—The expression “Court which passed a decree,” or 
words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the 
subject or context, be deemed to include,—  

(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the 
Court of first instance, and 

                                                      
1. Subs. by Act 104 of 1976, s. 14(ii), for “one thousand rupees” (w.e.f. 1-2-1977). 

2. Ins. by Act 2 of 1951, s. 7 (w.e.f. 1-4-1951). 

3. Subs by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”. 

4. Subs by Act 2 of 1951, s. 7, for “under that Act” (w.e.f. 1-4-1951). 

5. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977). 

6. Subs. by s. 16, ibid., for section 36 (w.e.f. 1-2-1977). 



20 

(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the 
Court which, if the suit wherein the decree was passed was instituted at the time of making the 
application for the execution of the decree, would have jurisdiction to try such suit. 

1
[Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree 

merely on the ground that after the institution of the suit wherein the decree was passed or after the passing 
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other 
Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the 
time of making the application for execution of the decree it would have jurisdiction to try the said suit.] 

COURTS BY WHICH DECREES MAY BE EXECUTED 

38. Court by which decree may be executed.—A decree may be executed either by the Court which 
passed it, or by the Court to which it is sent for execution. 

39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decree-
holder, send it for execution to another Court 

2
[of competent jurisdiction],—  

(a) if the person against whom the decree is passed actually and voluntarily resides or carries on 
business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or 

(b) if such person has not property within the local limits of the jurisdiction of the Court which 
passed the decree sufficient to satisfy such decree and has property within the local limits of the 
jurisdiction of such other Court, or 

(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of 
the jurisdiction of the Court which passed it, or 

(d) if the Court which passed the decree considers for any other reason, which it shall record in 
writing, that the decree should be executed by such other Court. 

(2) The Court which passed a decree may of its own motion send it for execution to any subordinate 
Court of competent jurisdiction. 

3
[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at 

the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the 
suit in which such decree was passed.]

 

4
[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute 

such decree against any person or property outside the local limits of its jurisdiction.]
 

40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another 

State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force in 

that State. 

41. Result of execution proceedings to be certified.—The Court to which a decree is sent for 
execution shall certify to the Court which passed it the fact of such execution, or where the former Court 
fails to execute the same the circumstances attending such failure. 

42. Powers of Court in executing transferred decree. —
5
[(1)] The Court executing a decree sent to it shall 

have the same powers in executing such decree as if it had been passed by itself. All persons is disobeying or 
obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed 
the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as 
if the decree had passed by itself. 

6
[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court 

under that sub-section shall include the following powers of the Court which passed the decree, namely:— 

(a) power to send the decree for execution to another Court under section 39; 

                                                      
1. Ins. by Act 104 of 1976, s. 17, (w.e.f. 1-2-1977). 

2. Ins. by s. 18, ibid., (w.e.f. 1-2-1977). 

3. Ins. by s. 18, ibid., (w.e.f. 1-2-1977). 

4. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002). 

5. S. 42 renumbered as sub-section (1) of that section by Act 104 of 1976, s. 19, (w.e.f. 1-2-1977). 

6. Ins. by s. 19, ibid., (w.e.f. 1-2-1977). 



21 

(b) power to execute the decree against the legal representative of the deceased judgment-debtor 
under section 50; 

(c) power to order attachment of a decree. 

(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy 
thereof to the Court which passed the decree. 

(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for 
execution any of the following powers, namely:—  

(a) power to order execution at the instance of the transferee of the decree ; 

(b) in the case of a decree passed against a firm, power to grant leave to execute such decree 
against any person, other than such a person as is referred to in clause (b),or clause (c), of sub-rule (1) 
of rule 50 of Order XXI. ] 

1
[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.—Any 

decree passed by any Civil Court established in any part of India to which the provisions of this Code do not 
extend, or by any Court established or continued by the authority of the Central Government outside India, 
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the 
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]

 

2
[44. Execution of decrees passed by Revenue Courts in places to which this Code does not 

extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of 
any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of 
such decrees, may be executed in the State as if they had been passed by Courts in that State.]

 

3
[44A. Execution of decrees passed by Courts in reciprocating territory.—(1)Where a certified 

copy of a decree of any of the superior Courts of 
4
*** any reciprocating territory has been filed in a 

District Court, the decree may be executed in 
5
[India] as if it had been passed by the District Court.

 

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court 
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the 
purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or 
adjustment. 

(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the 
proceedings of a District Court executing a decree under this section, and the District Court shall refuse 
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any 
of the exceptions specified in clauses (a) to (f) of section 13. 

6
[Explanation 1.—“Reciprocating territory” means any country or territory outside India which the 

Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for 
the purposes of this section; and “superior Courts”, with reference to any such territory, means such 
Courts as may be specified in the said notification. 

Explanation 2.—“Decree” with reference to a superior Court means any decree or judgment of such 
Court under which a sum of money is payable, not being a sum payable in respect of taxes or other 
charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration 
award, even if such an award is enforceable as a decree or judgment.]] 

7
[45. Execution of decrees outside India.—So much of the foregoing sections of this Part as 

empowers a Court to send a decree for execution to another Court shall be construed as empowering a 

Court in any State to send a decree for execution to any Court established 
8
*** by the authority of the 

                                                      
1. Subs. by Act 2 of 1951, s. 8, for section 43. 
2. Subs. by s. 9, ibid., for s. 43. 

3. Ins. by Act 8 of 1937, s. 2. 

4. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2. 

5. Subs. by Act 2 of 1951, s. 3, for “the States”. 

6. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.  

7. Subs. by the A.O. 1937, for s. 45. 

8. The words “or continued” omitted by the A.O. 1948. 



22 

Central Government 
1
[outside India] to which the State Government has by notification in the Official 

Gazette declared this section to apply.] 

46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may. 

whenever it thinks fit, issue a precept to any other Court which would be competent to execute such 

decree to attach any property belonging to the judgment-debtor and specified in the precept. 

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed 

in regard to the attachment of property in execution of a decree: 

Provided that no attachment under a precept shall continue for more than two months unless the 

period of attachment is extended by an order of the Court which passed the decree or unless before the 

determination of such attachment the decree has been transferred to the Court by which the attachment 

has been made and the decree-holder has applied for an order for the sale of such property. 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE 

47. Questions to be determined by the Court executing decree.—(1) All questions arising between 

the parties to the suit in which the decree was passed, or their representatives, and relating to the 

execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree 

and not by a separate suit. 

2
*   *   *   *   * 

(3) Where a question arises as to whether any person is or is not the representative of a party, such 

question shall, for the purposes of this section, be determined by the Court. 

3
[Explanation 1.—For the purposes of this section, a plaintiff whose suit has been dismissed and a 

defendant against whom a suit has been dismissed are parties to the suit. 

Explanation II—(a) For the purposes of this section, a purchaser of property at a sale in execution of a 

decree shall be deemed to be a party to the suit in which the decree is passed; and 

(b) all questions relating to the delivery of possession of such property to such purchaser or his 

representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree 

within the meaning of this section.] 

LIMIT OF TIME FOR EXECUTION 

48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f.1-1-

1964). 

TRANSFEREES AND LEGAL REPRESENTATIVES 

49. Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which 

the judgment-debtor might have enforced against the original decree-holder. 

50. Legal representative.—(1) Where a judgment-debtor dies before the decree has been fully satisfied, 

the holder of the decree may apply to the Court which passed it to execute the same against the legal 

representative of the deceased. 

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of 

the property of the deceased which has come to his hands and has not been duly disposed of; and, for the 

purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the 

application of the decree-holder, compel such legal representative to produce such accounts as it thinks 

fit. 

PROCEDURE IN EXECUTION 

51. Powers of Court to enforce execution.—Subject to such conditions and limitations as may be 
prescribed, the Court may, on the application of the decree-holder, order execution of the decree—  

                                                      
1. Subs. by the A.O. 1950, for “in any Indian State”. 
2. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977). 

3. Subs. by s. 20, ibid, for the Explanation (w.e.f. 1-2-1977). 



23 

(a) by delivery of any property specifically decreed; 

(b) by attachment and sale or by the sale without attachment of any property; 

(c) by arrest and detention in prison 
1
[for such period not exceeding the period specified in section 58, 

where arrest and detention is permissible under that section]; 

(d) by appointing a receiver; or 

(e) in such other manner as the nature of the relief granted may require : 

2
[Provided that, where the decree is for the payment of money, execution by detention in prison shall not 

be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be 
committed to prison, the Court, for reasons recorded in writing, is satisfied— 

 

(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the 
decree,— 

 

(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
 

(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, 
concealed, or removed any part of his property, or committed any other act of bad faith in relation to 
his property, or

 

(b) that the judgment-debtor has, or has had since the date of the decree. the means to pay the amount 
of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the 
same, or 

(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to 
account. 

Explanation. —In the calculation of the means of the judgment-debtor for the purposes of clause (b), there 
shall be left out of account any property which, by or under any law or custom having the force of law for the 
time being in force, is exempt from attachment in execution of the decree.] 

52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party 
as the legal representative of a deceased person, and the decree is for the payment of money out of the property 
of the deceased, it may be executed by the attachment and sale of any such property. 

(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court 
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree 
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to 
satisfy the Court in the same manner as if the decree had been against him personally. 

53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands 
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased 
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which 
has come to the hands of the son or other descendant as his legal representative. 

54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate 
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, 
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate 
of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force 
relating to the partition, or the separate possession of shares, of such estates. 

ARREST AND DETENTION 

55. Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at, any 
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may 
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such 
civil prison does not afford suitable accommodation, in any other place which the State Government may 
appoint for the detention of persons ordered by the Courts of such district to be detained: 

                                                      
1. Ins. by Act 104 of 1976, s. 21, (w.e.f. 1-2-1977). 

2. Ins. by Act 21 of 1936, s. 2. 



24 

Provided, firstly that, for the purpose of making an arrest under this section, no dwelling-house shall be 
entered after sunset and before sunrise: 

Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but 
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break 
open the door of any room in which he has reason to believe the judgment-debtor is to be found: 

Provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgment-debtor 
and who according to the customs of the country does not appear in public, the officer authorized to make the 
arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to 
withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making 
the arrest: 

Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a 
decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of 
the arrest to the officer arresting him, such officer shall at once release him. 

(2) The State Government may, by notification in the Official Gazette, declare that any person or class of 
persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest 
in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State 
Government in this behalf. 

(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought 
before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 

1
[may 

be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he 
complies with the provisions of the law of insolvency for the time being in force. 

(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes 
security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, 
when called upon, in any proceeding upon the application or upon the decree in execution of which he was 
arrested, the Court 

2
[may release] him from arrest, and, if he fails so to apply and to appear, the Court may 

either direct the security to be realized or commit him to the civil prison in execution of the decree. 

56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding 
anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in 
execution of a decree for the payment of money. 

57. Subsistence-allowance.—The State Government may fix scales, graduated according to rank, race 
and nationality, of monthly allowances payable for the subsistence of judgment-debtors. 

58. Detention and release.—(1)Every person detained in the civil prison in execution of a decree 
shall be so detained,—  

(a) where the decree is for the payment of a sum of money exceeding 
3
[ 

4
[five thousand rupees], 

for a period not exceeding three months, and,] 

5
[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but 

not exceeding five thousand rupees, for a period not exceeding six weeks.] 

6
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-

debtor in civil prison in execution of a decree for the payment of money shall be made, where the total 
amount of the decree does not exceed 

7
[two thousand rupees.] 

                                                      
1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”. 

2. Subs. by s. 2, ibid., for “shall release”. 

3. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977). 

4. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).  

5. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002). 
6. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977). 

7. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).  



25 

(2) A judgment-debtor released from detention under this section shall not merely by reason of his 
release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in 
execution of which he was detained in the civil prison. 

59. Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor 
has been issued the Court may cancel it on the ground of his serious illness. 

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not 
in a fit state of health to be detained in the civil prison. 

(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—  

(a) by the State Government, on the ground of the existence of any infectious or contagious 
disease, or 

(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his 
suffering from any serious illness. 

(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention 
in civil prison shall not in the aggregate exceed that prescribed by section 58. 

ATTACHMENT 

1
60. Property liable to attachment and sale in execution of decree.—(1) The following property is 

liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, 
money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or 
other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other 
saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits 
of which, he has a disposing power which he may exercise for his own benefit, whether the same be held 
in the name of the judgment-debtor or by another person in trust for him or on his behalf: 

Provided that the following particulars shall not be liable to such attachment or sale, namely:—  

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his 
wife and children, and such personal ornaments as, in accordance with religious usage, cannot be 
parted with by any woman; 

(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of 
husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable 
him to earn his livelihood as such, and such portion of agricultural produce or of any class of 
agricultural produce as may have been declared to be free from liability under the provisions of the 
next following section; 

(c) houses and other buildings (with the materials and the sites thereof and the land immediately 
appurtenant thereto and necessary for their enjoyment) belonging to 

2
[an agriculturist or a labourer of 

adomestic servant] and occupied by him ; 

(d) books of account ; 

(e) a mere right to sue for damages ; 

(f) any right of personal service ; 

(g) stipends and gratuities allowed to pensioners of the Government 
3
[or of a local authority or of 

any other employer], or payable out of any service family pension fund 
4
notified in the Official 

Gazette by 
5
[the Central Government or the State Government] in this behalf, and political pensions; 

6
[(h) the wages of labourers and domestic servants, whether payable in money or in kind; 

7
*** 

                                                      
1. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 35, as 

amended by Pun. Acts 12 of 1940 and 6 of 1942.   

2. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977) 

3. Ins. by s. 23, ibid., (w.e.f. 1-2-1977). 

4. For such a notification, see Gazette of India, 1909, Pt I, p. 5. 

5. Subs. by the A.O. 1937, for “the G.G. in C.” 

6. Subs. by Act 9 of 1937, s. 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising 

out of a suit instituted before 1st June, 1937, see ibid., s. 3. 
7. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of 1943,  

s. 2. 



26 

 

1
[(i) salary to the extent of 

2
[the first 

3
[one thousand rupees] and two third of the remainder] 

4
[in 

execution of any decree other than a decree for maintenance]: 

5
[Provided that where any part of such portion of the salary as is liable to attachment has been 

under attachment, whether continuously or intermittently, for a total period of twenty-four months, 

such portion shall be exempt from attachment until the expiry of a further period of twelve months, 

and, where such attachment has been made in execution of one and the same decree, shall, after the 

attachment has continued for a total period of twenty-four months, be finally exempt from attachment 

in execution of that decree.]] 

4
[(ia) one-third of the salary in execution of any decree for maintenance;] 

6
[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army 

Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;]  

(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 
7
[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to 

attachment;  

8
[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 

1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be 

liable to attachment; 

(kb) all moneys payable under a policy of insurance on the life of the judgment debtor; 

(kc) the interest of a lessee of a residential building to which the provisions of law for the 

time being in force relating to control of rents and accommodation apply;] 

9
[(1) any allowance forming part of the emoluments of any 

10
[servant of the 

11
[Government]]or of 

any servant of a railway company or local authority which the 
12

[appropriate Government] may by 

notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant or 

allowance made to 
13

[any such servant] while under suspension;] 

(m) an expectancy of succession by survivorship or other merely contingent or possible right or 

interest;  

(n) a right to future maintenance; 

(o) any  allowance declared by 
14

[any Indian law] to be exempt from liability to attachment or sale in 

execution of a decree, and  

                                                      
1. Subs. by Act 5 of 1943, s. 2, for clause (i) and the proviso. 
2. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”. 

3. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002).  

4. Ins. by Act 66 of 1956, s. 6. 

5. Subs. by Act 104 of 1976, s. 23, for the proviso (w.e.f. 1-2-1977). 

6. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977). 

7. Subs. by Act 9 of 1937, s. 2, for “1897”.  

8. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). 
9. Subs. by Act 9 of 1937, s. 2, for clause (l),  

10. Subs. by Act 5 of 1943, s. 2, for “public officer”. 

11. Subs. by the A.O. 1950 for “crown”. 
12. Subs. by the A.O. 1937, for “G.G. in C”.  

13. Subs. by Act 5 of 1943, s. 2, “any such officer or servant”. 

14. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”. 



27 

 

(p) where the judgment-debtor is a person liable for the payment of land-revenue, any movable 

property which, under any law for the time being applicable to him, is exempt from. sale for the 

recovery of an arrear of such revenue. 

1
[Explanation 1. —The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), 

(ia), (j), (l) and (o) are exempt from attachment or sale, whether before or after they are actually payable, 

and, in the case of salary, the attachable portion thereof is liable to attachment whether before or after it is 

actually payable.]
 

2
[ 

3
[Explanation II. —In clauses (i) and (ia)], “salary” means the total monthly emoluments, 

excluding any allowance declared exempt from attachment under the provisions of clause (1), derived by 
a person from his employment whether on duty or on leave.] 

4
[Explanation 

5
[III].—In clause (1) “appropriate Government” means—  

(i) as respects any 
6
[person] in the service of the Central Government, or any servant of 

7
[a 

Railway Administration] or of a cantonment authority or of the port authority of a major port, the 
Central Government; 

      
8
*  *   *   *   * 

(iii) as respects any other 
9
[servant of the 

10
[Government]] or a servant of any other 

11
*** local 

authority, the State Government.] 

12
[Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes 

a skilled unskilled or semi-skilled labourer.
 

Explanation V—For the purposes of this proviso, the expression “agriculturist” means a person who 
cultivates land personally and who depends for his livelihood mainly on the income from agricultural 
land, whether as owner, tenant, partner or agricultural labourer. 

Explanation VI—For the purposes of Explanation V an agriculturist shall be deemed to cultivate land 
personally, if he cultivates land—  

(a) by his own labour, or 

(b) by the labour of any member of his family, or 

(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the 
produce), or both.] 

12
[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement 

by which a person agrees to waive the benefit of any exemption under this section shall be void.]
 

 

                                                      
1. Subs. by Act 104 of 1976, s. 23 for Explanation I (w.e.f. 1-2-1977). 

2. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any 

suit instituted before 1
st
 June, 1937, see ibid., s. 3. 

3. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses (h) and (i)” (w.e.f. 1-2- 1977). 

4. Ins. by the A.O. 1937. 

5. Subs. by Act 104 of 1976, s. 23, for “3” (w.e.f. 1-2-1977). 

6. Subs. by Act 5 of 1943, s. 2, for “Public officer”. 

7. Subs. by the Act A.O. 1950, for “a Federal Railway”.  

8. Clause (ii) omitted by the A.O. 1948. 

9. Subs. by Act 5 of 1943, s. 2, for “Public officer”. 

10. Subs. by the A.O. 1950 for “crown”. 
11. The words “railway or” omitted by the A.O. 1950.  

12. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). 



28 

 

(2) Nothing in this section shall be deemed 
1
*** to exempt houses and other buildings (with the materials 

and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from 
attachment or sale in execution of decrees for rent of any such house, building, site or land 

2
*** 

3
*   *   *    *    * 

61. Partial exemption of agricultural produce.—The State Government 
4
*** may, by general or 

special order published in the Official Gazette, declare that such portion of agricultural produce, or of any 

class of agricultural produce, as may appear to the State Government to be necessary for the purpose of 

providing until the next harvest for the due cultivation of the land and for the support of the judgment-

debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted 

from liability to attachment or sale in execution of a decree. 

62. Seizure of property in dwelling-house.—(I) No person executing any process under this Code 

directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and 

before sunrise. 

(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the 

occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the 

person executing any such process has duly gained access to any dwelling-house, he may break open the 

door of any room in which he has reason to believe any such property to be. 

(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the 

customs of the country, does not appear in public, the person executing the process shall give notice to such 

woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving 

her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using 

at the same time every precaution, consistent with these provisions, to prevent its clandestine removal. 

63. Property attached in execution of decrees of several Courts.—(1) Where property not in the 

custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which 

shall receive or realize such property and shall determine any claim thereto and any objection to the attachment 

thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the 

Court under whose decree the property was first attached. 

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing 

one of such decrees. 

5
[Explanation.—For the purposes of sub-section (2), “proceeding taken by a Court” does not include 

an order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, 

set off to the extent of the purchase price payable by him.] 

64. Private alienation of property after attachment to be void. —
6
[(1)] Where an attachment has 

been made, any private transfer or delivery of the property attached or of any interest therein and any 

payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall 

be void as against all claims enforceable under the attachment. 

7
[(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of 

any interest therein, made in pursuance of any contract for such transfer or delivery entered into and 

registered before the attachment.] 

Explanation. —For the purpose of this section, claims enforceable under an attachment include 

claims for the rateable distribution of assets. 

                                                      
1. The brackets and letter “(a)”,  rep. by Act 10 of 1914, s. 3 and the Second Schedule. 

2. The word “or” rep. by Act 10 of 1914, sec. 3 and the Second Schedule. 

3. Clause (b) rep. by Act 10 of 1914, sec. 3 and the Second Schedule. 

4. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule Pt 1.  

5. The Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977). 

6. S. 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002). 

7. Ins. by s. 3, ibid. (w.e.f. 1-7-2002). 



29 

S A L E  

65. Purchaser’s title.—Where immovable property is sold in execution of a decree and such sale has 

become absolute, the property shall be deemed to have vested in the purchaser from the time when the 

property is sold and not from the time when the sale becomes absolute.  

 66.  [Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.] Rep. by Act, 1988 

(45 of 1988) , s. 7 (w.e.f. 19-5-1988). 

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

payment of money. — 
1
[(1)] The State Government 

2
*** may, by notification in the Official Gazette, make 

rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution 

of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion 

of the State Government, to make it impossible to fix their value. 

3
[(2) When on the date on which this Code came into operation in any local area, any special rules as 

to sale of land in execution of decrees were in force therein, the State Government may, by notification in 

the Official Gazette declare such rules to be in force, or may 
2
*** by a like notification, modify the same. 

Every notification issued in the exercise of the powers conferred by this sub-section shall set out the 

rules so continued or modified.] 

4
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the 

State Legislature.] 

DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY 

68. Power to prescribe rules for transferring to collector execution of certain decrees. —
Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7. 

69. Provisions of Third Schedule to apply. — Rep. by s. 7 ibid. 

70. Rules of procedure. — Rep. by s. 7 ibid. 

71. Collector deemed to be acting judicially. — Rep. by s. 7 ibid. 

72. Where Court may authorize Collector to stay public sale of land. —Rep. by s. 7 ibid. 

DISTRIBUTION OF ASSETS 

73. Proceeds of execution sale to be rateably distributed among decree-holders.—(1) Where 
assets are held by a Court and more persons than one have, before the receipt of such assets, made 
application to the Court for the execution of decrees for the payment of money passed against the same 
judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of 
realization, shall be rateably distributed among all such persons : 

Provided as follows :— 

(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall 
not be entitled to share in any surplus arising from such sale; 

(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, 
the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free 
from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the 
proceeds of the sale as he had in the property sold; 

(c) where any immovable property is sold in execution of a decree ordering its sale for the 
discharge of an in cumbrance thereon, the proceeds of sale shall be applied—  

First, in defraying the expenses of the sale; 

Secondly, in discharging the amount due under the decree; 

                                                      
1. S. 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3. 

2. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and Sch., Pt. 1.    

3. Added by Act 1 of 1914, s. 3. 

4. Ins. by Act 20 of 1983, s. 2 and the Sch. (w.e.f. 15-3-1984). 



30 

thirdly, in discharging the interest and principal monies due on subsequent incumbrances (if 
any); and  

fourthly, rateably among the holders of decrees for the payment of money against the 
judgement-debtor, who have, prior to the sale of the property, applied to the Court which passed 
the decree ordering such sale for execution of such decrees, and have no obtained satisfaction 
thereof. 

(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a 
person not entitled to receive the same, any person so entitled may sue such person to compel him to 
refund the assets. 

(3) Nothing in this section affects any right of the Government.  

RESISTANCE TO EXECUTION 

74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the 
possession of immovable property or that the purchaser of immovable property sold in execution of a 
decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or 
some person on his behalf and that such resistance or obstruction was without any just cause, the Court 
may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to 
be detained in the civil prison for a term which may extend to thirty days and may further direct that the 
decree-holder or purchaser be put into possession of the property. 

PART III 

INCIDENTAL PROCEEDINGS 

COMMISSIONS 

75. Power of Court to issue commissions.—Subject to such conditions and limitations as may be 
prescribed, the Court may issue a commission—  

(a) to examine any person; 

(b) to make a local investigation; 

(c) to examine or adjust accounts; or 

(d) to make a partition; 
1
[(e) to hold a scientific, technical, or expert investigation; 

(f) to conduct sale of property which is subject to speedy and natural decay and which is in the 
custody of the Court pending the determination of the suit; 

(g) to perform any ministerial act.] 

 

76. Commission to another Court.—(1) A commission for the examination of any person may be 

issued to any Court (not being a High Court) situate in a State other than the State in which the Court of 

issue is situate and having jurisdiction in the place in which the person to be examined resides. 

(2) Every Court receiving a commission for the examina