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The Code of Civil Procedure, 1908

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The Code of Civil Procedure, 1908

(Act No. 5 of 1908)

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

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

Preamble

PRELIMINARY

1. Short title, commencement and extent
2. Definitions
3. Subordination of Courts
4. Savings
5. Application of the Code to Revenue Courts
6. Pecuniary jurisdiction
7. Provincial Small Cause Courts
8. Presidency Small Cause Courts

PART I : SUITS IN GENERAL

Jurisdiction of the Courts and 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
21-A. Bar on suits 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 State Government to transfer suits

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

Judgment and decree

33. Judgment and decree

Interest

34. Interest

Costs

35. Costs
35-A. Compensatory costs in respect of false and vexatious claims or defences
35-B. Costs for causing delay

PART II : EXECUTION

General

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
44-A. Execution of decrees passed by Courts in reciprocating territory
45. Execution of decrees outside India
46. Precepts

Question to be determined by Court executing decree

47. Questions to be determined by the Court executing decree
48. [Repealed]

Transferees and Legal Representatives

49. Transferee
50. Legal representative

Procedure in Execution

51. Powers of Court to enforce execution
52. Enforcement of decree against legal representative
53. Liability of ancestral property
54. Partition of estate or separation of share

Arrest and Detention

55. Arrest and detention
56. Prohibition of arrest or detention of women in execution of decree for money
57. Subsistence allowance
58. Detention and release
59. Release on ground of illness

Attachment

60. Property liable to attachment and sale in execution of decree
61. Partial exemption of agricultural produce
62. Seizure of property in dwelling house
63. Property attached in execution of decrees of several Courts
64. Private alienation of property after attachment to be void

Sale

65. Purchasers title
66. [Repealed]
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money

Delegation of Collector of power to execute decree against immoveable property

68-72. [Repealed]

Distribution of Assets

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

Resistance to Execution

74. Resistance to execution

PART III: INCIDENTAL PROCEEDINGS

Commissions

75. Power of Court to issue commissions
76. Commission to another Court
77. Letter of request
78. Commissions issued by foreign Courts

PART IV: SUITS IN PARTICULAR CASES

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

79. Suits by or against Government
80. Notice
81. Exemption from arrest and personal appearance
82. Execution of decree

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

83. When aliens may sue
84. When foreign States may sue
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
86. Suits against foreign Rulers, Ambassadors and Envoys
87. Style of foreign Rulers as parties to suits
87-A. Definitions of ‘foreign State’ and ‘Rulers’

Suits against Rulers of former Indian States

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

Interpleader

88. Where interpleader suit may be instituted

PART V: SPECIAL PROCEEDINGS

Arbitration

89. Settlement of disputes outside the Court

Special case

90. Power to state case for opinion of Court

Public nuisance and other wrongful acts affecting the public

91. Public nuisances
92. Public Charities
93. Exercise of powers of Advocate General outside presidency-towns

PART VI: SUPPLEMENTAL PROCEEDINGS

94. Supplemental proceedings
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds

PART VII: APPEALS

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

Appeals from appellate decrees

100. Second appeal
100-A. No further appeal in certain cases
101. Second appeal on no other grounds
102. No second appeal in certain suits
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. Power of Appellate court
108. Procedure in appeals from appellate decrees and orders

Appeals to the Supreme Court

109. When appeal lie to the Supreme Court
110. [omitted]
111. [omitted]
111-A. [omitted]
112. Savings

PART VIII: REFERENCE, REVIEW AND REVISION

113. Reference to High Court
114. Review
115. Revision

PART IX : SPECIAL PROVISIONS RELATING TO THE HIGH COURT 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. Unauthorized persons not to address Court
120. Provision not applicable to High Court on original civil jurisdiction

PART X : RULES

121. Effect of rules in First Schedule
122. Power of certain High Court to make rules
123. Constitution of Rule Committees in certain States
124. Committee to report to High Court
125. Power of other High Courts to make rules
126. Rules to be subject to approval
127. Publication of rules
128. Matters for which rules may provide
129. Power of High Courts to make rules as to their original civil procedure
130. Power of other High Courts to make rules as to matters other than procedure
131. Publication of rules

PART XI: MISCELLANEOUS

132. Exemption of certain women from personal appearance
133. Exemption of other persons
134. Arrest other than in execution of decree
135. Exemption from arrest under civil Process
135-A. 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 English
139. Oath on affidavit by whom to be administered
140. Assessors in causes of salvage, etc
141. Miscellaneous proceedings
142. Orders and notices to be in writing
143. Postage
144. Application for restitution
145. Enforcement of Liability of surety
146. Proceedings by or against representatives
147. Consent or agreement by persons under disability
148. Enlargement of time
148-A. 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
153-A. Power to amend decree or order where appeal is summarily dismissed
153-B. Place of trial to be deemed to be open Court
154. [omitted]
155. [omitted]
156 [omitted]
157. Continuance of Orders under repealed enactments
158. Reference to Code of Civil Procedure and other repealed enactment

Order I: Parties to Suits

1. Who may be joined as plaintiffs
2. Power of Court to order separate trials
3. Who may be joined as defendants
3-A. 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
8-A. Power of Court to permit a person or body of person to present opinion or to take part in the proceedings
9. Mis-joinder and non-joinder
10. Suit in the 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 plaintiff or defendants for others
13. Objections as to non-joinder or mis-joinder

Order II : Frame of Suit

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 an executor, administrator or heirs
6. Power of Court to order separate trial
7. Objections as to misjoinder

Order III: Recognised Agents and Pleaders

1. Appearances, etc., may be in person, by recognized agent or by pleader
2. Recognised agents
3. Service of process on recognized 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

Order IV : Institution of Suits

1. Suit to be commenced by plaint
2. Register of suits

Order V: Issue and Service of Summons

Issue of Summons

1. Summons
2. Copy of plaint annexed to summons
3. Court may order defendant or plaintiff to appeal in person
4. No part 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. Deliver of summons by Court
9-A. 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 ember of defendant’s family
16. Person served to sign acknowledgment
17. Procedure when defendant refused to accept service, or can not be found
18. Endorsement of time and manner of service
19. Examination of serving officer
19-A. [Omitted by Amendment Act, 1999]
20. Substituted service, Effect of substituted service, Where service is substituted, time for appearance to be fixed
20-A. [Repealed]
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
26-A. Summonses to be sent to officers of foreign countries
27. Service on civil public officers 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 of summons

ORDER VI: Pleadings Generally

1. Pleading
2. Pleading to state material facts and not evidence
3. Forms of pleading
4. Particulars to be given where necessary
5. [Omitted by the Amendment Act, 1999]
6. Condition precedent
7. Departure
8. Denial of contract
9. Effect of document to be stated
10. Malice, knowledge, etc.
11. Notice
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

ORDER VII: Plaint

1. Particulars to be contained in plaint
2. In money suits
3. Where the subject-matter of 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 return of plaint
10-A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
10-B. 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
15. [Omitted by the Amendment Act, 1999]
16. Suits on lost negotiable instruments
17. Production of shop-book, Original entry to be marked and returned
18. [Omitted by the Amendment Act, 1999]

ORDER VIII : Written Statement, Set-off, and Counter – Claim

1. Written statement
1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him
2. Now 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
6-A. Counter-claim by defendant
6-B. Counter-claim to be stated
6-C. Exclusion of counter-claim
6-D. Effect of discontinuance of suit
6-E. Default of plaintiff to reply to counter-claim
6-F. Relief to the defendant where counter-claim succeeds
6-G. Rules relating to written statement to apply
7. Defence or set-off founded upon separate grounds
8. New ground of defence
8-A [Omitted by the Amendment Act, 1999]
9. Subsequent pleading
10. Procedure when party fails to present written statement called for by Court

ORDER IX : 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 day to apply for fresh summons
6. Procedure when only plaintiff appears
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 decrees ex-parte
13. Setting aside decree ex-parte against defendant
14. No decree to be set aside without notice to opposite party

ORDER X : Examination of Parties by the Court

1. Ascertainment whether allegation in pleadings are admitted or denied
1-A Direction of the Court to opt for any one mode of alternative dispute resolution
1-B. Appearance before the conciliatory forum or authority
1-C. 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

ORDER XI : Discovery and Inspection

1. Discovery by interrogatories
2. Particular interrogatories to be submitted
3. Costs of interrogatories
4. Form of interrogatories
5. Corporations
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

ORDER XII : Admissions

1. Notice of admission of case
2. Notice to admit documents
2-A. Document to be deemed to be admitted if not denied after service of notice to admit documents
3. Form of notice
3-A Power of Court to record admission
4. Notice to admit facts
5. Form of admissions
6. Judgment on admissions
7. Affidavit of signature
8. Notice to produce documents
9. Costs

ORDER XIII : Production, Impounding and Return of Documents

1. Original documents to be produced at or before the settlement of issues
2. [Omitted by the Amendment Act, 1999]
3. Rejection of irrelevant or inadmissible documents
4. Endorsement on documents admitted in evidence
5. Endorsements on copies of admitted entries in books, accounts and records
6. Endorsements on documents rejected as 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 send for papers from its own record or from other Courts
11. Provisions as to documents applied to material objects

ORDER XIV : Settlement of Issues and Determination of Suit on Issues of Law or on Issue agreed upon

1. Framing of issues
2. Court to pronounce judgment on all issues
3. Material 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 to be stated in form of issues
7. Court, if satisfied that agreement was executed in good faith may pronounce judgment

ORDER XV : Disposal of the Suits at the First hearing

1. Parties not at issue
2. One of several defendant not at issue
3. Parties at issue
4. Failure to produce evidence

ORDER XVI : Summoning and attendance of Witnesses

1. List of witnesses and summons to witnesses
1-A. Production of witnesses without summons
2. Expenses of witness to be paid into Court on applying for summons
3. Tender of expenses to witnesses
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 documents
7-A. Summons given to 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

ORDER XVI -A : Attendance of Witnesses Confined or Detained in Person

1. Definitions
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

ORDER XVII : Adjournments

1. Court may grant time and adjourn hearing, Cost of adjournment
2. Procedure if parties fail to appear on day fixed {CASE NOTES}
3. Court may proceed notwithstanding either party fails to produce evidence, etc.

ORDER XVIII : Hearing of the Suit and Examination of Witnesses

1. Right to begin
2. Statement of production of evidence
3. Evidence where several issues
3-A. 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 objection to and allowed by Court
12. Remarks on demeanour of witnesses
13. Memorandum of evidence in unappealable cases
14. [Omitted]
15. Power to deal with evidence taken before another Judge
16. Power to examine witness immediately
17. Court may recall and examine witness
17-A. [Omitted by the Amendment Act, 1999]
18. Power of Court to inspect
19. Power to get statements recorded on commission

ORDER XIX : Affidavits

1. Power to order any point to be provided by affidavit
2. Power to order attendance of deponent for cross-examination
3. Matters to which affidavits shall be confined

ORDER XX : 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, Judgment of other Courts
5. Court to state its decision on each issue
5-A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
6. Contents of decree
6-A. Preparation of decree
6-B. 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
12-A. Decree for specific performance of contract for the sale or lease of immovable property
13. Decree in administration of 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 direction 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. Certain copies of Judgment and decree to be furnished

ORDER XX-A : Costs

1. Provision relating to certain items
2. Costs to be awarded in accordance with the rules made by High Court

ORDER XXI : 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 of High Court of decree transferred by other Court

Application for execution

10. Application for execution
11. Oral application, Written application
11-A. 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 extracts from Collector’s register in certain cases
15. Application for execution by joint decree-holder
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
22-A. 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

Process of execution

24. Process of execution
25. Endorsement on process

Stay of execution

26. When Court may stay 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 debtor

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 execution decrees for restitution of conjugal rights
34. Decree for execution of document, or endorsement of negotiable instrument
35. Decree for immoveable property
36. Decree for delivery of immoveable property when in occupancy of tenant

Arrest and detention in civil prison

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
39. Subsistence allowance
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 other matter, amount of which to be subsequently determined
43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
43-A. 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
46-A. Notice to garnishee
46-B. Order against garnishee
46-C. Trial of disputed questions
46-D. Procedure where debt belongs to third person
46-E. Order as regards third person
46-F. Payment by garnishee to be valid discharge
46-G. Costs
46-H. Appeals
46-I. Application to negotiable instruments
47. Attachment of share in movables
48. Attachment of salary or allowance of servant of the Government or railway company or local authority
48-A. Attachment of salary or allowances of private employees
49. Attachment of partnership property
50. Execution of decree against the 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
60-63. [Omitted]

Sale generally

64. Power to order property attached to be sold and proceeds to be paid to the 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
70. [Omitted]
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
72-A. Mortgagee not to bid at sale without 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 inured may sue
79. Delivery of movable property, debits and shares
80. Transfer of negotiable instruments and shares
81. Vesting order in case of other property

Sale of immoveable property

82. What Court 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 purchase-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 immoveable 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. Order 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.

ORDER XXII : 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 defendants or of sole defendant
4-A. Procedure when 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 plaintiff’s insolvency bars suit, Procedure where assignee fails to continue suit, or give security
9. Effect of abatement of dismissal
10. Procedure in case of assignment before final order in suit
10-A. Duty of pleader to communicate to Court death of a party
11. Application of Order to appeals
12. Application of Order to proceedings

ORDER XXIII : Withdrawal and Adjustment of Suits

1. Withdrawal of suit or abandonment of part of claim
1-A. When transposition of defendants as plaintiff may be permitted
2. Limitation law not affect by first suit
3. Compromise of suit
3-A. Bar to suit
3-B. No agreement or compromise to be entered in a representative suit without leave of Court
4. Proceedings in execution of decrees not affected

ORDER XXIV : 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

ORDER XXV : Security for Costs

1. When security for costs may be required from plaintiff
2. Effect of failure to furnish security

ORDER XXVI : Commissions

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
4-A. 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. Commission to make local investigation
10. Procedure of Commissioner, Report and deposition to be evidence in suit, Commissioner may be examined in person

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

10-A. Commission for scientific investigation
10-B. Commission for performance of a ministerial act
10-C. 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

General provisions

15. Expenses of commission to be paid into Court
16. Powers of Commissioners
16-A. Questions objected to before the Commissioner
17. Attendance and examination of witnesses before Commissioner
18. Parties to appear before Commissioner
18-A. Application of Order to execution proceedings
18-B. Court to fix a time for return of commission

Commissions issued at 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

ORDER XXVII : Suits by or Against the Government or Public Officers in their Official Capacity

1. Suits by or against Government
2. Persons authorized 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
5-A. Government to be joined as a party in a suit against a public officer
5-B. 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 officers
8-A. No security to be required from Government or a public officer in certain cases
8-B. Definitions of ‘Government’ and ‘Government pleader’

ORDER XXVII-A : Suits involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of any Statutory Instrument.

1. Notice to Attorney -General or the Advocate -General
1-A. Procedure in suits involving validity of any statutory instrument
2. Court may add Government as party
2-A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
3. Cost
4. Application of Order to appeals

ORDER XXVIII : Suit by or against Military or Naval Men or Airmen

1. Officers, soldiers, sailors or airmen who can not obtain leave may authorize may person to sue or defend for them
2. Person so authorized may act personally or appoint pleader
3. Service of person so authorized, or on his pleader to be good service

ORDER XXIX : Suit by or against Corporations

1. Subscription and verification of pleading
2. Service on corporation
3. Power to require personal attendance of officer of corporation

ORDER XXX : Suits by or against Firms and Person carrying on Business in names other than their own

1. Suing of partners in the name of firm
2. Disclosure of partners name
3. Service
4. Right to 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

ORDER XXXI : Suits by or against Trustee, 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

ORDER XXXII : Suits by or against Minors and Person 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
2-A. Security to be furnished by next friend when so ordered
3. Guardian for the suit to be appointed by Court for minor defendant
3-A. Decree against minor not to be set aside unless prejudice has been causes 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 4 (except rule 2-A) to apply to persons of unsound mind
16. Savings

ORDER XXXII-A : Suits relating to Matter 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 inquire into facts
6. ‘Family’-Meaning of

ORDER XXXIII : Suits by Indigent Persons

1. Suits may be instituted by indigent person
1-A. 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
9-A. Court to assign a pleader to an unrepresented indigent person
10. Costs where indigent person succeeds
11. Procedure where indigent person fails
11-A. Procedure where an 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
15-A. Grant of time for payment of Court -fee
16. Costs
17. Defence by an indigent person
18. Power of Government to provide for free legal services to indigent person

ORDER XXXIV : 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
8-A. 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
10-A. 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

ORDER XXXV : Interpleader

1. Plaint in interpleader-suit
2. Payment of thing claimed into Court
3. Procedure where defendant is suiting plaintiff
4. Procedure at first hearing
5. Agents and tenants may not institute interpleader- suits
6. Charge for plaintiff’s cost

ORDER XXXVI : Special case

1. Power of state case in 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

ORDER XXXVII : Summary Procedure

1. Courts and classes of suits to which the Order is to apply
2. Institution of summary suit
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

ORDER XXXVIII : Arrest and Attachment before Judgment

Arrest before judgment

1. Where defendant may be called upon to furnish security for appearance
2. Security
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 apply for sale
11. Property attached before judgment not to be re-attached in execution of decree
11-A. Provisions applicable to attachment
12. Agricultural produce not attachable before judgment
13. Small Cause Court not to attach immovable property

ORDER XXXIX : Temporary Injunction and Interlocutory Order

1. Cases in which temporary injunction may be granted
2. Injunction to restrain repetition or continuance of breach
2-A Consequence of disobedience or breach of injunction
3. Before granting injunction, Court to direct notice to opposite party
3-A. 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

Interlocutory orders

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

ORDER XL : Appointment of Receivers

1. Appointment of receivers
2. Remuneration
3. Duties
4. Enforcement of receiver’s duties
5. When Collector may be appointed receiver

ORDER XLI : Appeals from Original Decrees

1. Form of appeal -What to accompany memorandum, Contents of memorandum
2. Ground which may be taken in appeal
3. Rejection or amendment of memorandum
3-A. 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
7. [Repealed]
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
11-A. Time within which hearing under rule 11 should be concluded
12. Day for hearing appeal
13. [Omitted by Amendment Act, 1999]
14. Publication and service of notice of day for hearing appeal, Appellate Court may itself cause notice to be served
15. [Omitted by the Amendment Act, 1999]

Procedure on hearing

16. Right to begin
17. Dismissal of appeal for appellant’s default, Hearing appeal ex parte
18. [Omitted by the Amendment Act, 1999]
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 separate appeal, Form of objection and provisions applicable thereto
23. Remand of case by Appellate Court
23-A. 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 -Objection to finding, Determination of appeal
26-A. 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 to 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

ORDER XLII : Appeals from Appellate Decrees

1. Procedure
2. Power of Court to direct that the appeal be heard on the question formulated by it
3. Application of rule 14 of Order XLI

ORDER XLIII : Appeals from Orders

1. Appeals from orders
1-A. Right to challenge non-appealable orders in appeal against decrees
2. Procedure

ORDER XLIV : 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

ORDER XLV : Appeals to the Supreme Court

1. “Decree” defined
2. Application to Court whose decree complained of
3. Certificate as to value or fitness
4. [Omitted]
5. [Omitted]
6. Effect of refusal of certificate
7. Security and deposit of required on grant of certificate
8. Admission of appeal and procedure thereon
9. Revocation of acceptance of security
9-A. 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
17. [Repealed]

ORDER XLVI : Reference

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
4-A 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

ORDER XLVII : Review

1. Application for review of judgment
2. [Repealed]
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-hearing
9. Bar of certain applications

ORDER XLVIII : Miscellaneous

1. Process to be served at the expense of party issuing, Cost of service
2. Orders and notices how served
3. Use of forms in appendices

ORDER XLIX : Chartered High Courts

1. Who may serve processes of High Court
2. Saving in respect of Chartered High Court
3. Application of Rules

ORDER L : Provincial Small Cause Courts

1. Provincial Small Cause Courts

ORDER LI : Presidency Small Cause Courts

1. Presidency Small Cause Courts

APPENDIX

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