Code of Civil Procedure

569,795 indexed judgments cite this act. Sections below link to the judgments in the corpus that rely on them, alongside a recently decided selection.

Sections in the index

Section 1That the defendant do put the plaintiff in possession of the property specified in the schedule
Section 2All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain
Section 3I say that the statements made in -----paragraphs are true to my knowledge and statements made
Section 4Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957).
Section 5Defendant need not be interested in all the relief claimed.
Section 6Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and
Section 7Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977).
Section 8Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to
Section 9Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.
Section 10Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
Section 11Property attached before judgment not to be re-attached in execution of decree.
Section 12Service to be on defendant in person when practicable, or on his agent.
Section 13Decree in administration suit.—(1) Where a suit is for an account of any property and for its due
Section 14Production of documents.—It shall be lawful for the Court, at any time during the pendency of
Section 15Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest
Section 16Appeal from order relating to execution.—The orders made by the Court which executes the
Section 17Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to
Section 18Procedure where witness apprehended cannot give evidence or produce document.
Section 19No witness to be ordered to attend in person unless resident within certain limits.
Section 20Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”.
Section 21Non-compliance with order for discovery.—2[(1)] Where any party fails to comply with any order to
Section 22Power to transfer suits which may be instituted in more than one Court.
Section 23Judgment to be signed.—The judgment shall be dated and signed by the Judge in open Court at
Section 24Where evidence on record sufficient, Appellate Court may determine case finally.
Section 25Where Appellate Court may frame issues and refer them for trial to Court whose decree
Section 26When Court may stay execution.—(1) The Court to which a decree has been sent for execution
Section 27Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the
Section 28Service of summons where defendant resides in another State.
Section 29Duty of person to whom summons is delivered or sent for service.
Section 30Substitution of letter for summons.
Section 31Contents, date and signature of judgment.—The judgment of the Appellate Court shall be in
Section 32Decree for specific performance for restitution of conjugal rights, or for an injunction.
Section 33Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on
Section 34Decree for execution of document, or endorsement of negotiable instrument.—(1) Where a
Section 35Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any
Section 36Copies of judgment and decree to be furnished to parties.
Section 37Certified copy of decree to be sent to Court whose decree appealed from.
Section 38Warrant for arrest to direct judgment-debtor to be brought up.—Every warrant for the
Section 39Subsistence allowance.—(1) No judgment-debtor shall be arrested in execution of a decree
Section 40Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
Section 41Examination of judgment-debtor as to his property.—1[(1)] Where a decree is for the payment
Section 42Attachment in case of decree for rent or mesne profits or other matter, amount of which to be
Section 43Attachment of movable property, other than agricultural produce, in possession of judgment-
Section 44Attachment of agricultural produce.—Where the property to be attached is agricultural
Section 45Provisions as to agricultural produce under attachment.—(1) Where agricultural produce is
Section 46Attachment of debt, share and other property not in possession of judgment-debtor.
Section 47Attachment of share in movables.—Where the property to be attached consists of the share or
Section 48[Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).
Section 49Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which the
Section 50Execution of decree against firm.—(1) Where a decree has been passed against a firm,
Section 51Attachment of negotiable instruments.—Where the property is a negotiable instrument not
Section 52Enforcement of decree against legal representative.—(1) Where a decree is passed against a party
Section 53Attachment of decrees.—(1) Where the property to be attached is a decree, either for the
Section 54Partition of estate or separation of share.
Section 55Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at any
Section 56Prohibition of arrest or detention of women in execution of decree for money.
Section 57Subsistence-allowance.—The State Government may fix scales, graduated according to rank, race and
Section 58Adjudication of claims to, or objections to attachment, of property.
Section 59Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor has been
Section 60Property liable to attachment and sale in execution of decree.
Section 61Partial exemption of agricultural produce.—The State Government 1*** may, by general or special order
Section 62Seizure of property in dwelling-house.—(1) No person executing any process under this Code directing or
Section 63[Saving of suits to establish right to attached property.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).]
Section 64Private alienation of property after attachment to be void.
Section 65Sales by whom conducted and how made.—save as otherwise prescribed, every sale in
Section 66[Suit purchase being on behalf of plaintiff.]— Rep. by Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).
Section 67Power for State Government to make rules as to sales of land in execution of decrees for payment
Section 68Time of sale.—Save in the case of property of the kind described in the proviso to rule 43, no sale
Section 69[Provisions of Third Schedule to apply.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957).
Section 70[Saving of certain sales.] Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of
Section 71Defaulting purchaser answerable for loss on re-sale.—Any deficiency of price which may
Section 72Decree-holder not to bid for or buy property without permission.
Section 73Proceeds of execution-sale to be rateably distributed among decree-holders.
Section 74Sale of agricultural produce.—(1) Where the property to be sold is agricultural produce, the sale
Section 75Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop
Section 76Commission to another Court.—(1) A commission for the examination of any person may be
Section 77Sale by public auction.—(1) Where movable property is sold by public auction the price of each
Section 78Irregularity not to vitiate sale, but any person injured may sue.—No irregularity in publishing
Section 79Delivery of movable property, debts and shares.—(1) Where the property sold is movable
Section 80Transfer of negotiable instruments and shares.—(1) Where the execution of a document or the
Section 81Vesting order in case of other property.—In the case of any movable property not hereinbefore
Section 82Execution of decree.—2[(1) Where, in a suit by or against the Government or by or against a
Section 83Postponement of sale to enable judgment-debtor to raise amount of decree.
Section 84Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the
Section 85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
Section 86Suits against foreign Rulers, Ambassadors and Envoys.—(1) No. 2*** foreign State may be
Section 87Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued,
Section 88Where interpleader-suit may be instituted.
Section 89Application to set aside sale on deposit.—(1) Where immovable property has been sold in
Section 90Application to set aside sale on ground of irregularity or fraud.
Section 91Public nuisances and other wrongful acts affecting the public.
Section 92Sale when to become absolute or be set aside.—(1) Where no application is made under rule 89,
Section 93Exercise of powers of Advocate-General outside presidency-towns.—The powers conferred by
Section 94Supplemental proceedings.—In order to prevent the ends of justice from being defeated the
Section 95Compensation for obtaining arrest, attachment or injunction on insufficient ground.
Section 96Delivery of property in occupancy of tenant.
Section 97Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by
Section 98Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench
Section 99No decree to be reversed or modified for error or irregularity not affecting merits or
Section 100Order to be passed upon application complaining of dispossession.—Upon the determination of
Section 101Second appeal on no other grounds.—No second appeal shall lie except on the ground
Section 102Rules not applicable to transferee lite pendente.—Nothing in rules 98 and 100 shall apply to
Section 103Power of High Court to determine issues of fact.
Section 104Orders under rule 101 or rule 103 to be subject to the result of pending suit.
Section 105Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order
Section 106What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court
Section 107Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be
Section 108Procedure in appeals from appellate decrees and orders.
Section 109When appeals lie to the Supreme Court.
Section 110[Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of
Section 111[Bar of certain appeals.] omitted by the A.O. 1950.
Section 112Savings.—2[(1) Nothing contained in this Code shall be deemed—
Section 113Reference to High Court.—Subject to such conditions and limitations as may be prescribed,
Section 114Review.—Subject as aforesaid, any person considering himself aggrieved—
Section 115Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the
Section 116Power to examine witness immediately—(1) Where a witness is about to leave the jurisdiction of
Section 117Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the
Section 118Execution of decree before ascertainment of costs.—Where any such High Court considers it
Section 119Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize
Section 120Provisions not applicable to High Court in original civil jurisdiction.—(1) The following
Section 121Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted
Section 122Power of certain High Courts to make rules.—2[High Courts 3[not being the Court of a
Section 123Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule
Section 124Committee to report to High Court.—Every Rule Committee shall make a report to the High
Section 125Power of other High Courts to make rules.—High Courts, other than the Courts
Section 127Publication of rules.—Rules so made and 5[approved] shall be published in the 6[Official Gazette], and
Section 128Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the
Section 129Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding
Section 130Power of other High Courts to make rules as to matters other than procedure.
Section 131Publication of rules.—Rules made in accordance with section 129 or section 130 shall be
Section 132Exemption of certain women from personal appearance.—(1) Women who, according to the
Section 133Exemption of other persons.—10[(1) The following persons shall be entitled to exemption from
Section 134Arrest other than in execution of decree.—The provisions of sections 55, 57 and 59 shall
Section 135Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial officer
Section 136Procedure where person to be arrested or property to be attached is outside district.—(1)
Section 137Language of subordinate Courts.—(1) The language which, on the commencement of this
Section 138Power of High Court to require evidence to be recorded in English.
Section 139Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—
Section 140Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to
Section 141Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be
Section 142Orders and notices to be in writing.—All orders and notices served on or given to any
Section 143Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code
Section 144Application for restitution.—(1) Where and in so far as a decree 4[or an order] is 5[varied or
Section 145Enforcement of liability of surety.—Where any person 2[has furnished security or given a
Section 146Proceedings by or against representatives.—Save as otherwise provided by this Code or by
Section 147Consent or agreement by persons under disability.—In all suits to which any person under
Section 148Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act
Section 149Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for
Section 150Transfer of business.— Save as otherwise provided, where the business of any Court is transferred
Section 151Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or
Section 152Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in
Section 153General power to amend.— The Court may at any time, and on such terms as to costs or otherwise
Section 154[Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952),
Section 155[Amendment of certain Acts.] Rep. by s. 2 and the First Schedule., ibid.
Section 156[Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second
Section 157Continuance of orders under repealed enactments.—Notifications published, declarations
Section 158Reference to Code of Civil Procedure and other repealed enactments.
Section 211Questions objected to and allowed by Court. —Where any question put to a witness is objected to by a
Section 235Date and contents of decree.—(1) The decree of the Appellate Court shall bear date the day on
Section 310Return of plaint.—(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage
Section 392Public charities.—(1) In the case of any alleged breach of any express or constructive trust
Section 760Property liable to attachment and sale in execution of decree.—(1) The following property is liable to
Section 1882, this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established
Section 1934, s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.
Section 10ACommission for scientific investigation.—(1) Where any question arising in a suit involves any
Section 10BPower of appellate Court to transfer suit to the proper Court.— (1) Where, on an
Section 10CCommission for the sale of movable property.—(1) Where, in any suit, it becomes necessary
Section 11ATime within which hearing under rule 11 should be concluded.
Section 12ADecree for specific performance of contract for the sale or lease of immovable property.
Section 135AExemption of members of legislative bodies from arrest and detention under civil process.
Section 153APower to amend decree or order where appeal is summarily dismissed.
Section 153BPlace of trial to be deemed to be open Court.—The place in which any Civil Court is held
Section 17A[Production of evidence not previously known or which could not be produced despite due diligence.]
Section 18BCourt to fix a time for return of commission.—The Court issuing a commission shall fix a
Section 19A[Simultaneous issue of summons for service by post in addition to personal service.] Omitted by
Section 1AProcedure in suits involving validity of any statutory instrument.
Section 1BAppearance before the conciliatory forum or authority.—Where a suit is referred under rule
Section 1CAppearance before the court consequent to the failure of efforts of conciliation.—Where a suit is
Section 21ABar on suit to set aside decree on objection as to place of suing.
Section 22ASale not to be set aside on the death of the judgment-debtor before the sale but after the service
Section 26ASummonses to be sent to officers to foreign countries.—Where the Central Government has, by
Section 2ASecurity to be furnished by next friend when so ordered.
Section 35ACompensatory costs in respect of false or vexatious claims or defences.
Section 3APower to order separate trials where joinder of defendants may embarrass or delay trial.
Section 3BNo agreement or compromise to be entered in a representative suit without leave of
Section 44AExecution of decrees passed by Courts in reciprocating territory.
Section 46BOrder against garnishee.—Where the garnishee does not forthwith pay into Court the amount
Section 46CTrial of disputed questions.—Where the garnishee disputes liability, the Court may order that
Section 46DProcedure where debt belongs to third person.—Where it is suggested or appears to be
Section 46EOrder as regards third person.—After hearing such third person and any person or persons who
Section 46FPayment by garnishee to be valid discharge.—Payment made by the garnishee on notice
Section 46GCosts.—The costs of any application made under rule 46A and of any proceeding arising there
Section 46HAppeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.
Section 48AAttachment of salary or allowances of private employees.
Section 4ACommission for examination of any person resident within the local limits of the
Section 5AGovernment to be joined as a party in a suit against a public officer.
Section 5BDuty of Court in suits against the Government or a public officer to assist in arriving at a
Section 6BCounter-claim to be stated.— Where any defendant seeks to rely upon any ground as support-
Section 6CExclusion of counter-claim.—Where a defendant sets up a counter-claim and the plaintiff con-
Section 6DEffect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim,
Section 6EDefault of plaintiff to reply to counter-claim.—If the plaintiff makes default in putting in a
Section 6FRelief to defendant where counter-claim succeeds.—Where in any suit a set-off or counter-
Section 6GRules relating to written statement to apply.—The rules relating to a written statement by a
Section 72AMortgagee not to bid at sale without the leave of the Court.
Section 87ADefinitions of “Foreign State” and “Rulers”.— (1) In this Part,—
Section 87BApplications of sections 85 and 86 to Rulers of former Indian States.—5[(1) In the case of any
Section 8ANo security to be required from Government or a public officer in certain cases.
Section 8BDefinitions of “Government” and “Government pleader”.—In this Order 3[unless otherwise
Section 99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially
Section 9APower to dispense with notices in case of deceased parties.

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