Miscellaneous proceedings
Section 141 of the Code of Civil Procedure, 1908 deals with miscellaneous proceedings. The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. The Act came into force on 01 Jan 1909.
The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
1[Explanation.— In this section, the expression "proceedings" includes proceedings under Order IX, but does not include anyproceedings under article 226 of the Constitution.]
Section 141, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manti Devi vs Kishun Sah @ Kishun Deo Sao
Court's Decision & Legal Precedent
Because Section 141 requires the procedure provided in the Code in regard to suits to be followed, so far as it can be made applicable, in all proceedings in any court of civil jurisdiction, the bar in Section 99 against reversing a decree for misjoinder or non-joinder of parties applies to a civil revision as much as to an appeal. The High Court was therefore wrong to set aside the eviction decree on the ground of misjoinder of plaintiffs.
On this section: Section 141 is the bridge the Court uses to carry Section 99 from appeals into revisional proceedings, and is the express basis on which the High Court's revisional order was set aside.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In Kusum Ingots ( supra ) , Supreme Court at length discussed Clause (2) of Article 226, more particularly in the context of the words "cause of action", keeping in background Section 20(c) and Section 141 CPC and observed as under:- 9. Although in view of Section 141 of the Code of Civil Procedure the provisions thereof would not apply to writ proceedings, the phraseology used in Section 20(c) of the Code of Civil Procedure and clause (2) of Article 226, being in parimateria, the decisions of this Court rendered on interpretation of Section 20(c) CPC shall apply to the writ …
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… More so, proviso to Order 1, Rule 9 of the Code of Civil Procedure, 1908 (hereinafter called "CPC") provides that non-joinder of necessary party be fatal. Undoubtedly, provisions of CPC are not applicable in writ jurisdiction by virtue of the provision of Section 141 CPC but the principles enshrined therein are applicable. 13 D.B. CIVIL SPECIAL APPEAL (W) NO.170/2013 Smt. Megha Shetty vs. State of Raj. & Ors. (Alongwith other 3 similar matters) > (Vide Gulabchand Chhotalal Parikh v. State of Gujarat, Babubhai Muljibhai Patel v. Nandlal Khodidas Barot and Sarguja …
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… that case was an instance which illustrates mischiefs, contemplated in the aforesaid Circular meant for guidance of the subordinate courts when admissions or concessions were made by advocates during the course of proceedings. 4. Be that as it may, we proceed to consider certain other relevant legal issues. 5. Section 141 of the Code of Civil Procedure, 1908, for short, the 'Code', provides that the procedure provided in the Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction. The application under Order IX Rule 13 and application under section 5 of the …
Questions about Section 141
What have the courts held on Section 141 of the Code of Civil Procedure?
Manti Devi vs Kishun Sah @ Kishun Deo Sao (23 Mar 2017) is the leading judgment on this section among those set out below: Section 141 is the bridge the Court uses to carry Section 99 from appeals into revisional proceedings, and is the express basis on which the High Court's revisional order was set aside.
How do I find court cases under Section 141 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 141, section 141 CPC, section 141 of the Code of Civil Procedure. People searching for it also type cpc 141 1 and cpc 141 e 492. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Manti Devi vs Kishun Sah @ Kishun Deo Sao (23 Mar 2017).
When did Section 141 of the Code of Civil Procedure come into force?
Section 141 of the Code of Civil Procedure, cited as CPC 141, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.