Year : 1908
THE CODE OF CIVIL PROCEDURE, 1908
ARRANGEMENT OF SECTIONS
1. Short title, commencement and extent.
3. Subordination of Courts.
5. Application of the Code to Revenue Courts.
6. Pecuniary jurisdiction.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
SUITS IN GENERAL Jurisdiction of the Courts and Res judicata
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. Bar on 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.
SUMMONS AND DISCOVERY
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.
33. Judgment and decree.
JUDGMENT AND DECREE INTEREST
35A. Compensatory costs in respect of false or vexatious claims or defences. 35B. Costs for causing delay.
36. Application to orders.
37. Definition of Court which passed a decree.
Courts by which decrees may 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.
Questions to be determined by Court executing decree
47. Questions to be determined by the Court executing decree.
Limit of time for execution
Transferees and legal representatives
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.
58. Detention and release.
59. Release on ground of illness.
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.
65. Purchaser’s title.
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
Distribution of assets
73. Proceeds of execution-sale to be rateably distributed among decree-holders.
Resistance to execution
74. Resistance to execution.
INCIDENTAL PROCEEDINGS COMMISSIONS
75. Power of Court to issue commissions.
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
SUITS IN PARTICULAR CASES
Suits by or against the Government or Public Officers in their official capacity
79. Suits by or against Government.
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.
88. Where interpleader-suit may be instituted.
SPECIAL PROCEEDINGS ARBITRATION
89. Settlement of disputes outside the Court.
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.
94. Supplemental proceedings.
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
Appeals from Original Decrees
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
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 issues 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 Supreme Court
109. When appeals lie to the Supreme Court.
111. [Omitted.]. 111A. [Omitted.].
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
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.
121. Effect of rules in First Schedule.
122. Power of certain High Courts to make rules.
123. Constitution of Rules 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.
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 outside 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.
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.
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.
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
THE FIRST SCHEDULE
1. Who may be joined as plaintiffs.
P arties to S uits
2. Power of Court to order separate trial.
3. Who may be joined as defendants.
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
4. Court may give judgment for or against one or more of joint parties.
5. Defendant need not be interested in all the relief claimed.
6. Joinder of parties liable on same contract.
7. When plaintiff in doubt from whom redress is to be sought.
8. One person may sue or defend on behalf of all in same interest.
8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
9. Misjoinder and non-joinder.
10. Suit in name of wrong plaintiff. Court may strike out or add parties.
Where defendant added, plaint to be amended.
10A. Power of Court to request any pleader to address it.
11. Conduct of suit.
12. Appearance of one of several plaintiffs or defendants for others.
13. Objections as to non-joinder or misjoinder.
F rame of S uit
1. Frame of suit.
2. Suit to include the whole claim. Relinquishment of part of claim.
Omission to sue for one of several reliefs.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immovable property.
5. Claims by or against executor, administrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
Recognized Agents and Pleaders
1. Appearances, etc., may be in person, by recognised agent or by pleader.
2. Recognised agents.
3. Service of process on recognised agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
Appointment to be in writing and to be filed in Court.
1. Suit to be commenced by plaint.
2. Register of suits.
Institution of suits
Issue and Service of Summons Issue of summons
2. Copy of plaint annexed to summons.
3. Court may order defendant or plaintiff to appear in person.
4. No party to be ordered to appear in person unless resident within certain limits.
5. Summons to be either to settle issues or for final disposal.
6. Fixing day for appearance of defendant.
7. Summons to order defendant to produce documents relied on by him.
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.
Service of Summons
9. Delivery of summons by Court.
9A. Summons given to the plaintiff for service.
10. Mode of service.
11. Service on several defendants.
12. Service to be on defendant in person when practicable, or on his agent.
13. Service on agent by whom defendant carries on business.
14. Service on agent in charge in suits for immovable property.
15. Where service may be on an adult member of defendant’s family.
16. Person served to sign acknowledgement.
17. Procedure when defendant refuses to accept service, or cannot be found.
18. Endorsement of time and manner of service.
19. Examination of serving officer. 19A. [Omitted.].
20. Substituted service.
Effect of substituted service.
Where service substituted, time for appearance to be fixed.
21. Service of summons where defendant resides within jurisdiction of another Court.
22. Service within presidency-towns of summons issued by Courts outside.
23. Duty of Court to which summons is sent.
24. Service on defendant in prison.
25. Service where defendant resides out of India and has no agent.
26. Service in foreign territory through Political Agent or Court. 26A. Summonses to be sent to officers to foreign countries.
27. Service on civil public officer or on servant of railway company or local authority.
28. Service on soldiers, sailors or airmen.
29. Duty of person to whom summons is delivered or sent for service.
30. Substitution of letter for summons.
2. Pleading to state material facts and not evidence.
3. Forms of pleading.
4. Particulars to be given where necessary.
6. Condition precedent.
8. Denial of contract.
9. Effect of document to be stated.
10. Malice, knowledge, etc.
12. Implied contract, or relation.
13. Presumptions of law.
14. Pleading to be signed.
14A. Address for service of notice.
15. Verification of pleadings.
16. Striking out pleadings.
17. Amendment of pleadings.
18. Failure to amend after order.
1. Particulars to be contained in plaint.
2. In money suits.
3. Where the subject-matter of the suit is immovable property.
4. When plaintiff sues as representative.
5. Defendant’s interest and liability to be shown.
6. Grounds of exemption from limitation law.
7. Relief to be specifically stated.
8. Relief founded on separate grounds.
9. Procedure on admitting plaint.
10. Return of plaint.
Procedure on returning plaint.
10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
10B. Power of appellate Court to transfer suit to the proper Court.
11. Rejection of plaint.
12. Procedure on rejecting plaint.
13. Where rejection of plaint does not preclude presentation of fresh plaint.
Documents relied on in Plaint
14. Production of document on which plaintiff sues or relies.
16. Suits on lost negotiable instruments.
17. Production of shop-book.
Original entry to be marked and returned.
Written statement, set-off and counter-claim
1. Written statement.
1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.
2. New facts must be specially pleaded.
3. Denial to be specific.
4. Evasive denial.
5. Specific denial.
6. Particulars of set-off to be given in written statement. Effect of set-off.
6A. Counter-claim by defendant. 6B. Counter-claim to be stated. 6C. Exclusion of counter-claim.
6D. Effect of discontinuance of suit.
6E. Default of plaintiff to reply to counter-claim.
6F. Relief to defendant where counter-claim succeeds. 6G. Rules relating to written statement to apply.
7. Defence or set-off founded upon separate grounds.
8. New ground of defence. 8A. [Omitted.].
9. Subsequent pleadings.
10. Procedure when party fails to present written statement called for by Court.
Appearance of Parties and Consequence of non-Appearance
1. Parties to appear on day fixed in summons for defendant to appear and answer.
2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
3. Where neither party appears suit to be dismissed.
4. Plaintiff may bring fresh suit or Court may restore suit to file.
5. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons.
6. Procedure when only plaintiff appears. When summons duly served.
When summons not duly served.
When summons served but not in due time.
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.
8. Procedure where defendant only appears.
9. Decree against plaintiff by default bars fresh suit.
10. Procedure in case of non-attendance of one or more of several plaintiffs.
11. Procedure in case of non-attendance of one or more of several defendants.
12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.
Setting aside Decree ex parte
13. Setting aside decree ex parte against defendant.
14. No decree to be set aside without notice to opposite party.
Examination of Parties by the Court
1. Ascertainment whether allegations in pleadings are admitted or denied.
1A. Direction of the court to opt for any one mode of alternative dispute resolution. 1B. Appearance before the conciliatory forum or authority.
1C. Appearance before the court consequent to the failure of efforts of conciliation.
2. Oral examination of party, or companion of party.
3. Substance of examination to be written.
4. Consequence of refusal or inability of pleader to answer.
Discovery and Inspection
1. Discovery by interrogatories.
2. Particular interrogatories to be submitted.
3. Costs of interrogatories.
4. Form of interrogatories.
6. Objections to interrogatories by answer.
7. Setting aside and striking out interrogatories.
8. Affidavit in answer, filing.
9. Form of affidavit in answer.
10. No exception to be taken.
11. Order to answer or answer further.
12. Application for discovery of documents.
13. Affidavit of documents.
14. Production of documents.
15. Inspection of documents referred to in pleadings or affidavits.
16. Notice to produce.
17. Time for inspection when notice given.
18. Order for inspection.
19. Verified copies.
20. Premature discovery.
21. Non-compliance with order for discovery.
22. Using answers to interrogatories at trial.
23. Order to apply to minors.
1. Notice of admission of case.
2. Notice to admit documents.
2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.
3. Form of notice.
3A. Power of Court to record admission.
4. Notice to admit acts.
5. Form of admissions.
6. Judgment on admissions.
7. Affidavit of signature.
8. Notice to produce documents.
Production, Impounding and Return of Documents
1. Original documents to be produced at or before the settlement of issues.
3. Rejection of irrelevant or inadmissible documents.
4. Endorsements on documents admitted in evidence.
5. Endorsements on copies of admitted entries in books, accounts and records.
6. Endorsements on documents rejected an inadmissible in evidence.
7. Recording of admitted and return of rejected documents.
8. Court may order any document to be impounded.
9. Return of admitted documents.
10. Court may sent for papers from its own records or from other Courts.
11. Provisions as to documents applied to material objects.
settlement of issues and determination of suit on issues of lawor on Issues agreed upon
1. Framing of issues.
2. Court to pronounce judgment on all issues.
3. Materials from which issues may be framed.
4. Court may examine witnesses or documents before framing issues.
5. Power to amend and strike out, issues.
6. Questions of fact or law may by agreement be stated in form of issues.
7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
Disposal of the Suit at the First Hearing
1. Parties not at issue.
2. One of several defendants not at issue.
3. Parties at issue.
4. Failure to produce evidence.
Summoning and Attendance of Witnesses
1. List of witnesses and summons to witnesses. 1A. Production of witnesses without summons.
2. Expenses of witness to be paid into Court on applying for summons. Experts.
Scale of expenses.
Expenses to be directly paid to witnesses.
3. Tender of expenses to witness.
4. Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day.
5. Time, place and purpose of attendance to be specified in summons.
6. Summons to produce document.
7. Power to require persons present in Court to give evidence or produce document. 7A. Summons given to the party for service.
8. Summons how served.
9. Time for serving summons.
10. Procedure where witness fails to comply with summons.
11. If witness appears, attachment may be withdrawn.
12. Procedure if witness fails to appear.
13. Mode of attachment.
14. Court may of its own accord summon as witnesses strangers to suit.
15. Duty of persons summoned to give evidence or produce document.
16. When they may depart.
17. Application of rules 10 to 13.
18. Procedure where witness apprehended cannot give evidence or produce document.
19. No witness to be ordered to attend in person unless resident within certain limits.
20. Consequence of refusal of party to give evidence when called on by Court.
21. Rules as to witnesses to apply to parties summoned.
Attendance of Witnesses Confined or Detained in Prisons
2. Power to require attendance of prisoners to give evidence.
3. Expenses to be paid into Court.
4. Power of State Government to exclude certain persons from the operation of rule 2.
5. Officer in charge of prison to abstain from carrying out order in certain cases.
6. Prisoner to be brought to Court in custody.
7. Power to issue commission for examination of witness in prison.
1. Court may grant time and adjourn hearing. Costs of adjournment.
2. Procedure if parties fail to appear on day fixed.
3. Court may proceed notwithstanding either party fails to produce evidence, etc.
1. Right to begin.
Hearing of the Suit and Examination of Witnesses
2. Statement and production of evidence.
3. Evidence where several issues.
3A. Party to appear before other witnesses.
4. Recording of evidence.
5. How evidence shall be taken in appealable cases.
6. When deposition to be interpreted.
7. Evidence under section 138.
8. Memorandum when evidence not taken down by Judge.
9. When evidence may be taken in English.
10. Any particular question and answer may be taken down.
11. Questions objected to and allowed by Court.
12. Remarks on demeanour of witnesses.
13. Memorandum of evidence in unappealable cases.
15. Power to deal with evidence taken before another Judge.
16. Power to examine witness immediately.
17. Court may recall and examine witness. 17A. [Omitted.].
18. Power of Court to inspect.
19. Power to get statements recorded on commission.
___ _ ORDER XIX
1. Power to order any point to be proved by affidavit.
2. Power to order attendance of deponent for cross-examination.
3. Matters to which affidavits shall be confined.
Judgment and Decree
1. Judgment when pronounced.
2. Power to pronounce judgment written by Judge’s predecessor.
3. Judgment to be signed.
4. Judgments of Small Cause Courts. Judgments of other Courts.
5. Court to state its decision on each issue.
5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
6. Contents of decree.
6A. Preparation of Decree.
6B. Copies of judgments when to be made available.
7. Date of decree.
8. Procedure where Judge has vacated office before signing decree.
9. Decree for recovery of immovable property.
10. Decree for delivery of movable property.
11. Decree may direct payment by instalments. Order, after decree, for payment by instalments.
12. Decree for possession and mesne profits.
12A. Decree for specific performance of contract for the sale or lease of immovable property.
13. Decree in administration-suit.
14. Decree in pre-emption-suit.
15. Decree in suit for dissolution of partnership.
16. Decree in suit for account between principal and agent.
17. Special directions as to accounts.
18. Decree in suit for partition of property or separate possession of a share therein.
19. Decree when set-off or counter-claim is allowed. Appeal from decree relating to set-off or counter-claim.
20. Certified copies of judgment and decree to be furnished.
1. Provisions relating to certain items.
2. Costs to be awarded in accordance with the rules made by High Court.
Execution of Decrees and Orders
Payment under decree
1. Modes of paying money under decree.
2. Payment out of Court to decree-holder.
Courts executing decrees
3. Lands situate in more than one jurisdiction.
4. Transfer to Court of Small Causes.
5. Mode of transfer.
6. Procedure where Court desires that its own decree shall be executed by another Court.
7. Court receiving copies of decree, etc., to file same without proof.
8. Execution of decree or order by Court to which it is sent.
9. Execution by High court of decree transferred by other Court.
Application for execution
10. Application for execution.
11. Oral application.
11A. Application for arrest to state grounds.
12. Application for attachment of movable property not in judgment-debtor’s possession.
13. Application for attachment of immovable property to contain certain particulars.
14. Power to require certified extract from Collector’s register in certain cases.
15. Application for execution by joint decree-holders.
16. Application for execution by transferee of decree.
17. Procedure on receiving application for execution of decree.
18. Execution in case of cross-decrees.
19. Execution in case of cross-claims under same decree.
20. Cross-decrees and cross-claims in mortgage suits.
21. Simultaneous execution.
22. Notice to show cause against execution in certain cases.
22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.
23. Procedure after issue of notice.
24. Process for execution.
25. Endorsement on process.
26. When Court may stay execution.
Process for execution
Stay of execution
Power to require security from, or impose conditions upon, judgment-debtor.
27. Liability of judgment-debtor discharged.
28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.
29. Stay of execution pending suit between decree-holder and judgment-debtors.
Mode of execution
30. Decree for payment of money.
31. Decree for specific movable property.
32. Decree for specific performance for restitution of conjugal rights, or for an injunction.
33. Discretion of Court in executing decrees for restitution of conjugal rights.
34. Decree for execution of document, or endorsement of negotiable instrument.
35. Decree for immovable property.
36. Decree for delivery of immovable property when in occupancy of tenant. 37.Discretionary power to permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to direct judgment-debtor to be brought up.
40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
Attachment of property
41. Examination of judgment-debtor as to his property.
42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor.
43A. Custody of movable property.
44. Attachment of agricultural produce.
45. Provisions as to agricultural produce under attachment.
46. Attachment of debt, share and other property not in possession of judgment-debtor. 46A. Notice to garnishee.
46B. Order against garnishee. 46C. Trial of disputed questions.
46D. Procedure where debt belongs to third person.
46E. Order as regards third person.
46F. Payment by garnishee to be valid discharge. 46G. Costs.
46I. Application to negotiable instruments.
47. Attachment of share in movables.
48. Attachment of salary or allowances of servant of the Government or railway company or local authority.
48A. Attachment of salary or allowances of private employees.
49. Attachment of partnership property.
50. Execution of decree against firm.
51. Attachment of negotiable instruments.
52. Attachment of property in custody of Court or public officer.
53. Attachment of decrees.
54. Attachment of immovable property.
55. Removal of attachment after satisfaction of decree.
56. Order for payment of coin or currency notes to party entitled under decree.
57. Determination of attachment.
Adjudication of claims and objections
58. Adjudication of claims to, or objections to attachment, of property.
59. Stay of sale.
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted and how made.
66. Proclamation of sales by public auction.
67. Mode of making proclamation.
68. Time of sale.
69. Adjournment or stoppage of sale.
71. Defaulting purchaser answerable for loss on re-sale.
72. Decree-holder not to bid for or buy property without permission.
Where decree-holder purchases, amount of decree may be taken as payment.
72A. Mortgagee not to bid at sale without the leave of the Court.
73. Restriction on bidding or purchase by officers.
Sale of movable property
74. Sale of agricultural produce.
75. Special provisions relating to growing crops.
76. Negotiable instruments and shares in corporations.
77. Sale by public auction.
78. Irregularity not to vitiate sale, but any person injured may sue.
79. Delivery of movable property, debts and shares.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property.
Sale of immovable property.
82. What Courts may order sales.
83. Postponement of sale to enable judgment-debtor to raise amount of decree.
84. Deposit by purchaser and re-sale on default.
85. Time for payment in full of purchase-money.
86. Procedure in default of payment.
87. Notification on re-sale.
88. Bid of co-sharer to have preference.
89. Application to set aside sale on deposit.
90. Application to set aside sale on ground of irregularity or fraud.
91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
93. Return of purchaser-money in certain cases.
94. Certificate to purchaser.
95. Delivery of property in occupancy of judgment-debtor.
96. Delivery of property in occupancy of tenant.
Resistance to delivery of possession to decree-holder or purchaser
97. Resistance or obstruction to possession of immovable property.
98. Orders after adjudication.
99. Dispossession by decree-holder or purchaser.
100. Order to be passed upon application complaining of dispossession.
101. Question to be determined.
102. Rules not applicable to transferee pendente lite.
103. Orders to be treated as decrees.
104. Orders under rule 101 or rule 103 to be subject to the result of pending suit.
105. Hearing of application.
106. Setting aside orders passed ex parte, etc.
Death, Marriage and Insolvency of Parties
1. No abatement by party’s death if right to sue survives.
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant. 4A. Procedure where there is no legal representative.
5. Determination of question as to legal representative.
6. No abatement by reason of death after hearing.
7. Suit not abated by marriage of female party.
8. When plaintiffs insolvency bars suit.
Procedure where assignee fails to continue suit, or give security.
9. Effect of abatement or dismissal.
10. Procedure in case of assignment before final order in suit. 10A. Duty of pleader to communicate to Court death of a party.
11. Application of Order to appeals.
12. Application of Order to proceedings.
Withdrawal and Adjustment of Suits
1. Withdrawal of suit or abandonment of part of claim.
1A.When transposition of defendants as plaintiffs may be permitted.
2. Limitation law not affected by first suit.
3. Compromise of suit. 3A. Bar to suit.
3B. No agreement or compromise to be entered in a representative suit without leave of Court.
4. Proceedings in execution of decrees not affected.
Payment into Court
1. Deposit by defendant of amount in satisfaction of claim.
2. Notice of deposit.
3. Interest on deposit not allowed to plaintiff after notice.
4. Procedure where plaintiff accepts deposit as satisfaction in part. Procedure where he accepts it as satisfaction in full.
Security for Costs
1. When security for costs may be required from plaintiff.
2. Effect of failure to furnish security.
Commissions to examine witnesses
1. Cases in which Court may issue commission to examine witness.
2. Order for commission.
3. Where witness resides within Court’s jurisdiction.
4. Persons for whose examination commission may issue.
4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.
5. Commission or request to examine witness not within India.
6. Court to examine witness pursuant to commission.
7. Return of commission with depositions of witnesses.
8. When depositions may be read in evidence.
Commissions for local investigations
9. Commissions to make local investigations.
10. Procedure of Commissioner.
Report and depositions to be evidence in suit. Commissioner may be examined in person.
Commissions for scientific investigation, performance of ministerial act and sale of movable property
10A. Commission for scientific investigation.
10B. Commission for performance of a ministerial act. 10C. Commission for the sale of movable property.
Commissions to examine accounts
11. Commission to examine or adjust accounts. 12.Court to give Commissioner necessary instructions.
Proceedings and report to be evidence. Court may direct further inquiry.
Commissions to make partitions.
13. Commission to make partition of immovable property.
14. Procedure of Commissioner.
15. Expenses of commission to be paid into Court.
16. Powers of Commissioners.
16A. Questions objected to before the Commissioner.
17. Attendance and examination of witnesses before Commissioner.
18. Parties to appear before Commissioner.
18A. Application of order to execution proceedings. 18B. Court to fix a time for return of Commission.
Commissions issued of the instance of Foreign Tribunals
19. Cases in which High Court may issue commission to examine witness.
20. Application for issue of commission.
21. To whom commission may be issued.
22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.
Suits by or against the Government or Public Officers in thei r Official Capacity
1. Suits by or against Government.
2. Persons authorised to act for Government.
3. Plaints in suits by or against Government.
4. Agent for Government to receive process.
5. Fixing of day for appearance on behalf of Government.
5A. Government to be joined as a party in a suit against a public officer.
5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.
6. Attendance of person able to answer questions relating to suit against Government.
7. Extension of time to enable public officer to make reference to Government.
8. Procedure in suits against public officer.
8A. No security to be required from Government or a public officer in certain cases. 8B. Definitions of “Government” and “Government pleader”.
Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of any Statutory Instrument
1. Notice to the Attorney General or the Advocate-General.
1A. Procedure in suits involving validity of any statutory instrument.
2. Court may add Government as party.
2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.
4. Application of Order to appeals.
Suits by or Against Military or Naval men or Airmen
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
2. Person so authorised may act personally or appoint pleader.
3. Service on person so authorised, or on his pleader, to be good service.
Suits by or Against corporations
1. Subscription and verification of pleading.
2. Service on corporation.
3. Power to require personal attendance of officer of corporation.
Suits by or against Firms and Persons carrying on business in names other than their own
1. Suing of partners in name of firm.
2. Disclosure of partners’ names.
4. Rights of suit on death of partner.
5. Notice in what capacity served.
6. Appearance of partners.
7. No appearance except by partners.
8. Appearance under protest.
9. Suits between co-partners.
10. Suit against person carrying on business in name other than his own.
Suits by or Against Trustees, Executors and Administrators
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.
2. Joinder of trustees, executors and administrators.
3. Husband of married executrix not to join.
Suits by or Against Minors and Persons of Unsound Mind
1. Minor to sue by next friend.
2. Where suit is instituted without next friend, plaint to be taken off the file. 2A. Security to be furnished by next friend when so ordered.
3. Guardian for the suit to be appointed by Court for minor defendant.
3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.
4. Who may act as next friend or be appointed guardian for the suit.
5. Representation of minor by next friend or guardian for the suit.
6. Receipt by next friend or guardian for the suit of property under decree for minor.
7. Agreement or compromise by next friend or guardian for the suit.
8. Retirement of next friend.
9. Removal of next friend.
10. Stay of proceedings on removal, etc., of next friend.
11. Retirement, removal or death of guardian for the suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff attaining majority desires to repudiate suit.
14. Unreasonable or improper suit.
15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.
Suits Relating to Matters Concerning the Family
1. Application of the Order.
2. Proceedings to be held in camera.
3. Duty of Court to make efforts for settlement.
4. Assistance of welfare expert.
5. Duty to enquire into facts.
6. “Family”—Meaning of.
Suits by Indigent Persons
1. Suits may be instituted by indigent persons. 1A. Inquiry into the means of an indigent person.
2. Contents of application.
3. Presentation of application.
4. Examination of applicant.
If presented by agent, Court may order applicant to be examined by commission.
5. Rejection of application.
6. Notice of day for receiving evidence of applicant’s indigency.
7. Procedure at hearing.
8. Procedure if application admitted.
9. Withdrawal of permission to sue as an indigent person.
9A. Court to assign a pleader to an unrepresented indigent person.
10. Costs where indigent person succeeds.
11. Procedure where indigent person fails.
11A. Procedure where indigent person’s suit abates.
12. State Government may apply for payment of court-fees.
13. State Government to be deemed a party.
14. Recovery of amount of court-fees.
15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.
15A. Grant of time for payment of court-fee.
17. Defence by an indigent person.
18. Power of Government to provide for free legal services to indigent persons.
Suits Relating to Mortgages of Immovable Property
1. Parties to suits for foreclosure, sale and redemption.
2. Preliminary decree in foreclosure-suit.
3. Final decree in foreclosure-suit.
4. Preliminary decree in suit for sale. Power to decree sale in foreclosure-suit.
5. Final decree in suit for sale.
6. Recovery of balance due on mortgage in suit for sale.
7. Preliminary decree in redemption suit.
8. Final decree in redemption suit.
8A. Recovery of balance due on mortgage in suit for redemption.
9. Decree where nothing is found due or where mortgagee has been overpaid.
10. Costs of mortgagee subsequent to decree.
10A. Power of Court to direct mortgagee to pay mesne profits.
11. Payment of interest.
12. Sale of property subject to prior mortgage.
13. Application of proceeds.
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges.
1. Plaint in interpleader-suit.
2. Payment of thing claimed into Court.
3. Procedure where defendant is suing plaintiff.
4. Procedure at first hearing.
5. Agents and tenants may not institute interpleader-suits.
6. Charge for plaintiff's costs.
1. Power to state case for Court’s opinion.
2. Where value of subject-matter must be stated.
3. Agreement to be filed and registered as suit.
4. Parties to be subject to Court's jurisdiction.
5. Hearing and disposal of case.
6. No appeal from a decree passed under rule 5.
1. Courts and classes of suits to which the Order is to apply.
2. Institution of summary suits.
3. Procedure for the appearance of defendant.
4. Power to set aside decree.
5. Power to order bill, etc., to be deposited with officer of Court.
6. Recovery of cost of noting non-acceptance of dishonoured bill or note.
7. Procedure in suits.
Arrest and Attachment before Judgment Arrest before Judgment
1. Where defendant may be called upon to furnish security for appearance.
3. Procedure on application by surety to be discharged.
4. Procedure where defendant fails to furnish security or find fresh security.
Attachment before Judgment
5. Where defendant may be called upon to furnish security for production of property.
6. Attachment where cause not shown or security not furnished.
7. Mode of making attachment.
8. Adjudication of claim to property attached before judgment.
9. Removal of attachment when security furnished or suit dismissed.
10.Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.
11.Property attached before judgment not to be re-attached in execution of decree. 11A. Provisions applicable to attachment.
12. Agricultural produce not attachable before judgment.
13. Small Cause Court not to attach immovable property.
Temporary Injunctions and Interlocutory Orders Temporary injunctions
1. Cases in which temporary injunction may be granted.
2. Injunction to restrain repetition or continuance of breach. 2A. Consequence of disobedience or breach of injunction.
3. Before granting injunction, Court to direct notice to opposite party. 3A. Court to dispose of application for injunction within thirty days.
4. Order for injunction may be discharged, varied or set aside.
5. Injunction to corporation binding on its officers.
6. Power to order interim sale.
7. Detention, preservation, inspection, etc., of subject-matter of suit.
8. Application for such orders to be after notice.
9. When party may be put in immediate possession of land the subject-matter of suit.
10. Deposit of money, etc., in Court.
1. Appointment of receivers.
4. Enforcement of receiver’s duties.
Appointment of Receivers
5. When Collector may be appointed receiver.
1. Form of appeal.
Appeals from Original Decrees
What to accompany memorandum. Contents of memorandum.
2. Grounds which may be taken in appeal.
3. Rejection or amendment of memorandum. 3A. Application for condonation of delay.
4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.
Stay of proceedings and of execution
5. Stay by Appellate Court.
Stay by Court which passed the decree.
6. Security in case of order for execution of decree appealed from.
8. Exercise of powers in appeal from order made in execution of decree.
Procedure on admission of appeal
9. Registry of memorandum of appeal.
10. Appellate Court may require appellant to furnish security for costs. Where appellant resides out of India.
11. Power to dismiss appeal without sending notice to Lower Court. 11A. Time within which hearing under rule 11 should be concluded.
12. Day for hearing appeal.
14. Publication and service of notice of day for hearing appeal. Appellate Court may itself cause notice to be served.
Procedure on hearing
16. Right to begin.
17. Dismissal of appeal for appellant's default. Hearing appeal ex parte.
19. Re-admission of appeal dismissed for default.
20. Power to adjourn hearing and direct persons appearing interested to be made respondents.
21. Re-hearing on application of respondent against whom ex parte decree made.
22. Upon hearing respondent may object to decree as if he had preferred a separate appeal. Form of objection and provisions applicable thereto.
23. Remand of case by Appellate Court. 23A. Remand in other cases.
24. Where evidence on record sufficient, Appellate Court may determine case finally.
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.
26. Findings and evidence to be put on record. Objections to findings.
Determination of appeal.
26A. Order of remand to mention date of next hearing
27. Production of additional evidence in Appellate Court.
28. Mode of taking additional evidence.
29. Points to be defined and recorded.
Judgment in appeal
30. Judgment when and where pronounced.
31. Contents, date and signature of judgment.
32. What judgment may direct.
33. Power of Court of appeal.
34. Dissent to be recorded.
Decree in appeal
35. Date and contents of decree.
Judge dissenting from judgment need not sign decree.
36. Copies of judgment and decree to be furnished to parties.
37. Certified copy of decree to be sent to Court whose decree appealed from.
Appeals from Appellate Decrees
2. Power of Court to direct that the appeal be heard on the question formulated by it.
3. Application of rule 14 of Order XLL.
1. Appeals from orders.
Appeals from Orders
1A. Right to challenge non-appealable orders in appeal against decrees.
Appeals by Indigent Persons
1. Who may appeal as an indigent person.
2. Grant of time for payment of Court-fee.
3. Inquiry as to whether applicant is an indigent person.
1. “Decree” defined.
Appeals to the Supreme Court
2. Application to Court whose decree complained of.
3. Certificate as to value or fitness.
6. Effect of refusal of certificate.
7. Security and deposit required on grant of certificate.
8. Admission of appeal and procedure thereon.
9. Revocation of acceptance of security.
9A. Power to dispense with notices in case of deceased parties.
10. Power to order further security or payment.
11. Effect of failure to comply with order.
12. Refund of balance deposit.
13. Powers of Court pending appeal.
14. Increase of security found inadequate.
15. Procedure to enforce orders of the Supreme Court.
16. Appeal from order relating to execution.
1. Reference of question to High Court.
2. Court may pass decree contingent upon decision of High Court.
3. Judgment of High Court to be transmitted, and case disposed of accordingly.
4. Costs of reference to High Court.
4A. Reference to High Court under proviso to section 113.
5. Power to alter, etc., decree of Court making reference.
6. Power to refer to High Court questions as to jurisdiction in small causes.
7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes.
1. Application for review of judgment.
3. Form of applications for review.
4. Application where rejected. Application where granted.
5. Application for review in Court consisting of two or more Judges.
6. Application where rejected.
7. Order of rejection not appealable. Objections to order granting application.
8. Registry of application granted, and order for re-hearings.
9. Bar of certain applications.
1. Process to be served at expense of party issuing. Costs of service.
2. Orders and notices how served.
3. Use of forms in appendices.
Chartered High Courts
1. Who may serve processes of High Court.
2. Saving in respect of Chartered High Courts.
3. Application of rules.
Provincial Small Cause Courts
1. Provincial Small Cause Courts.
Presidency Small Cause Courts
1. Presidency Small Cause Courts.
APPENDIX — A. PLEADINGS. APPENDIX — B. PROCESS.
APPENDIX— C. DISCOVERY, INSPECTION AND ADMISSION. APPENDIX — F. DECREES.
APPENDIX — G. EXECUTION.
APPENDIX — H. SUPPLEMENTAL PROCEEDINGS. APPENDIX— I. MISCELLANEOUS.
THE SECOND SCHEDULE. — [Repealed]. THE THIRD SCHEDULE. —[Repealed].
THE FOURTH SCHEDULE. — [Repealed]. THE FIFTH SCHEDULE. — [Repealed].
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
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 :
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 (excludi ng 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 Tarai Parganas (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) Pargana Dhalbhum, 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 Sonthal Parganas 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 Sonthal Parganas and the rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation , 1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulatio n, 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.
1 [(3) It extends to the whole of India except—
2 * * * * *
(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 3*** 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;
4 [(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;
5 [(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, 6 [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. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
3. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977). 4. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951).
5. Ins. by s. 4, ibid. (w.e.f. 1-4-1951).
6. Ins. by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).
(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 is sued 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 Schedule, 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 Schedule.
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,
1. Clause (21) omitted by Act 2 of 1951, s. 4 , Earlier Clause ( 21) 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 Schedule Pt. I.
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule Pt. I, ibid.
4. Ins. by Act 4 of 1941, s. 2 and the Third Schedule.
5. Subs. by s. 2 and the Third Schedule., 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” .
(iii) the appointment of a receiver of immovable property, or
(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, direct3 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.]
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 II].—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.]
Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), shall be deleted.
[Vide Maharashtra Act 61 of 2018, sec. 2.]
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other issues, at the time of final disposal of the suit itself :
Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues in the suit, at the time of final disposal of the suit itself ;
(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall stand abated :
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).
Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as if it had been included in such memorandum;
(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has not been deleted :
Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision, remands the matter to the trial Court for reconsideration of the preliminary issue so framed under section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act shall apply ;
(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an order is made, either confirm or vacate or modify such order.
[Vide Maharashtra Act 61 of 2018, sec. 3.]
In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the following clause shall be substituted and shall be deemed to have been substituted with effect from 27th June 2018, being the date of commencement of the said Act, namely:—
“(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court under section 9A, as if the said section 9A has not been deleted;”.
[Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]
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 1[India] have jurisdiction to grant the relief claimed, or in any Court beyond the limits of 1[India] established or continued by 2[the Central Government 3***.] and having like jurisdiction, or before 4[the Supreme Court].
Explanation.— The pendency of a suit in a foreign Court does not preclude the Courts in 1[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 2 of 1951, s. 3, for “the States”.
2. Subs. by the A.O. 1937, for “the G.G. in C.”
3. The words “or the Crown Representative” omitted by the A.O. 1948.
4. Subs. by the A.O. 1950, for “His Majesty in Council”.
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” (w.e.f. 1-4-1951).
(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.
(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” (w.e.f. 1-4-1951).
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.
(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” (w.e.f. 1-4-1951).
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).
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 any other 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).
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.]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A.]
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 3[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.
4 [(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.]
5 [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. 1-7-2002).
3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).
5. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951).
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
(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.