eCourtsIndia
IndiaCode Laws
Act5
Enacted 1908

The Code of Civil Procedure, 1908

In force 171 sections Law and Justice

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

Act 5 of 1908 Enacted 21 Mar 1908 In force 01 Jan 1909 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1908

The procedure is in the First Schedule, not in these sections. A plaint is drawn under Order VII, an injunction sought under Order XXXIX, an appeal filed under Order XLI. The sections below set the framework; the Orders and Rules are where the practice lives.

The First Schedule: all 58 Orders

Preamble

THE CODE OF CIVIL PROCEDURE, 1908

ACT NO. 5 OF 19081

[21st March, 1908.] An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

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

What this Act covers

Code of Civil Procedure, 1908 (CPC)

Objective

• To provide a uniform procedure for the adjudication of civil disputes.

• To ensure fair, speedy, and effective delivery of civil justice.

• To regulate the powers and jurisdiction of civil courts.

• To facilitate the execution and enforcement of civil decrees and orders.

Key Provisions

• Defines the jurisdiction and powers of civil courts.

• Prescribes procedures for institution of suits, service of summons, filing of written statements, framing of issues, trial, and judgment.

• Provides for appeals, reviews, revisions, and references against judicial decisions.

• Regulates the execution of decrees and orders passed by civil courts.

• Contains provisions relating to temporary injunctions, attachment before judgment, appointment of receivers, and other interim reliefs.

• Recognizes alternative dispute resolution (ADR) mechanisms, including arbitration, conciliation, mediation, and judicial settlement, to encourage amicable resolution of disputes.

• Includes provisions for representative suits, suits by or against the Government, and matters involving foreign judgments.

Sections

Type to filter. 171 sections.

  1. 1Short title, commencement and extent
  2. 2Definitions
  3. 3Subordination of Courts
  4. 4Savings
  5. 5Application of the Code to Revenue Courts
  6. 6Pecuniary jurisdiction
  7. 7Provincial Small Cause Courts
  8. 8Presidency Small Cause Courts
  9. 9Courts to try all civil suits unless barred
  10. 10Stay of suit
  11. 11Res judicata
  12. 12Bar to further suit
  13. 13When foreign judgment not conclusive
  14. 14Presumption as to foreign judgments
  15. 15Court in which suits to be instituted
  16. 16Suits to be instituted where subject-matter situate
  17. 17Suits for immovable property situate within jurisdiction of different Courts
  18. 18Place of institution of suit where local limits of jurisdiction of Courts are uncertain
  19. 19Suits for compensation for wrongs to person or movables
  20. 20Other suits to be instituted where defendants reside or cause of action arises
  21. 21Objections to jurisdiction
  22. 21ABaron suit to set aside decree on objection as to place of suing
  23. 22Power to transfer suits which may be instituted in more than one Court
  24. 23To what Court application lies
  25. 24General power of transfer and withdrawal
  26. 25Power of Supreme Court to transfer suits, etc
  27. 26Institution of suits
  28. 27Summons to defendants
  29. 28Service of summons where defendant resides in another State
  30. 29Service of foreign summonses
  31. 30Power to order discovery and the like
  32. 31Summons to witness
  33. 32Penalty for default
  34. 33Judgment and decree
  35. 34Interest
  36. 35Costs
  37. 35ACompensatory costs in respect of false or vexatious claims or defences
  38. 35BCosts for causing delay
  39. 36Application to orders
  40. 37Definition of Court which passed a decree
  41. 38Court by which decree may be executed
  42. 39Transfer of decree
  43. 40Transfer of decree to Court in another State
  44. 41Result of execution proceedings to be certified
  45. 42Powers of Court in executing transferred decree
  46. 43Execution of decrees passed by Civil Courts in places to which this Code does not extend
  47. 44Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  48. 44AExecution of decrees passed by Courts in reciprocating territory
  49. 45Execution of decrees outside India
  50. 46Precepts
  51. 47Questions to be determined by the Court executing decree
  52. 48[Repealed.]
  53. 49Transferee
  54. 50Legal representative
  55. 51Powers of Court to enforce execution
  56. 52Enforcement of decree against legal representative
  57. 53Liability of ancestral property
  58. 54Partition of estate or separation of share
  59. 55Arrest and detention
  60. 56Prohibition of arrest or detention of women in execution of decree for money
  61. 57Subsistence-allowance
  62. 58Detention and release
  63. 59Release on ground of illness
  64. 60Property liable to attachment and sale in execution of decree
  65. 61Partial exemption of agricultural produce
  66. 62Seizure of property in dwelling-house
  67. 63Property attached in execution of decrees of several Courts
  68. 64Private alienation of property after attachment to be void
  69. 65Purchaser's title
  70. 66[Repealed.]
  71. 67Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  72. 68[Repealed.]
  73. 69[Repealed.]
  74. 70[Repealed.]
  75. 71[Repealed.]
  76. 72[Repealed.]
  77. 73Proceeds of execution sale to be rateably distributed among decree-holders
  78. 74Resistance to execution
  79. 75Power of Court to issue commissions
  80. 76Commission to another Court
  81. 77Letter of request
  82. 78Commissions issued by foreign Courts
  83. 79Suits by or against Government
  84. 80Notice
  85. 81Exemption from arrest and personal appearance
  86. 82Execution of decree
  87. 83When aliens may sue
  88. 84When foreign States may sue
  89. 85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  90. 86Suits against foreign Rulers, Ambassadors and Envoys
  91. 87Style of foreign Rulers as parties to suits
  92. 87ADefinitions of foreign State and Ruler
  93. 87BApplication of sections 85 and 86 to Rulers of former Indian States
  94. 88Where interpleader-suit may be instituted
  95. 89Settlement of disputes outside the Court
  96. 90Power to state case for opinion of Court
  97. 91Public nuisances and other wrongful acts affecting the public
  98. 92Public charities
  99. 93Exercise of powers of Advocate-General outside presidency-towns
  100. 94Supplemental proceedings
  101. 95Compensation for obtaining arrest, attachment or injunction on insufficient ground
  102. 96Appeal from original decree
  103. 97Appeal from final decree where no appeal from preliminary decree
  104. 98Decision where appeal heard by two or more Judges
  105. 99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  106. 99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  107. 100Second appeal
  108. 100ANo further appeal in certain cases
  109. 101Second appeal on no other grounds
  110. 102No second appeal in certain cases
  111. 103Power of High Court to determine issue of fact
  112. 104Orders from which appeal lies
  113. 105Other orders
  114. 106What Courts to hear appeals
  115. 107Powers of Appellate Court
  116. 108Procedure in appeals from appellate decrees and orders
  117. 109When appeals lie to the Supreme Court
  118. 110[Omitted.]
  119. 111[Omitted.]
  120. 111A[Omitted.]
  121. 112Savings
  122. 113Reference to High Court
  123. 114Review
  124. 115Revision
  125. 116Part to apply only to certain High Courts
  126. 117Application of Code to High Courts
  127. 118Execution of decree before ascertainment of costs
  128. 119Unauthorised persons not to address Court
  129. 120Provisions not applicable to High Court in original civil jurisdiction
  130. 121Effect of rules in First Schedule
  131. 122Power of certain High Courts to make rules
  132. 123Constitution of Rule Committees in certain States
  133. 124Committee to report to High Court
  134. 125Power of other High Courts to make rules
  135. 126Rules to be subject to approval
  136. 127Publication of rules
  137. 128Matters for which rules may provide
  138. 129Power of High Courts to make rules as to their original Civil procedure
  139. 130Power of other High Courts to make rules as to matters other than procedure
  140. 131Publication of rules
  141. 132Exemption of certain women from personal appearance
  142. 133Exemption of other persons
  143. 134Arrest other than in execution of decree
  144. 135Exemption from arrest under civil process
  145. 135AExemption of members of legislative bodies from arrest and detention under civil process
  146. 136Procedure where person to be arrested or property to be attached is out side district
  147. 137Language of subordinate Courts
  148. 138Power of High Court to require evidence to be recorded in English
  149. 139Oath on affidavit by whom to be administered
  150. 140Assessors in causes of salvage, etc
  151. 141Miscellaneous proceedings
  152. 142Orders and notices to be in writing
  153. 143Postage
  154. 144Application for restitution
  155. 145Enforcement of liability of surety
  156. 146Proceedings by or against representatives
  157. 147Consent or agreement by persons under disability
  158. 148Enlargement of time
  159. 148ARight to lodge a caveat
  160. 149Power to make up deficiency of court-fees
  161. 150Transfer of business
  162. 151Saving of inherent powers of Court
  163. 152Amendment of judgments, decrees or orders
  164. 153General power to amend
  165. 153APower to amend decree or order where appeal is summarily dismissed
  166. 153BPlace of trial to be deemed to be open Court
  167. 154[Repealed.]
  168. 155[Repealed.]
  169. 156[Repealed.]
  170. 157Continuance of orders under repealed enactments
  171. 158Reference to Code of Civil Procedure and other repealed enactments

Schedules

This Act has 5 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

10 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • ANNEXURE1908
  • APPENDIX A. PLEADINGS.1908
  • APPENDIX B. PROCESS1908
  • APPENDIX C. DISCOVERY, INSPECTION AND ADMISSION1908
  • APPENDIX D. DECREES1908
  • APPENDIX E. EXECUTION1908
  • APPENDIX F. SUPPLEMENTAL PROCEEDINGS1908
  • APPENDIX G. APPEAL, REFERENCE AND REVIEW1908
  • APPENDIX H MISCELLANEOUS1908
  • APPENDIX-I.STATEMENT OF TRUTH1908

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 171 sections of this Act has its own page. This page is not a substitute for legal advice.