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Section146
The Code of Civil Procedure, 1908

Proceedings by or against representatives

In force From 01 Jan 1909 Act 5 of 1908 As on 14 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909

Section 146 of the Code of Civil Procedure, 1908 deals with proceedings by or against representatives. Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be taken or the application may be made by or against any person claiming under him. The Act came into force on 01 Jan 1909.

Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be taken or the application may be made by or against any person claiming under him.

Section 146, 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.

  1. Government of Orissa vs Ashok Transport Agency

    Supreme Court of India 05 Nov 2004 Binding (Supreme Court)

    Court's Decision & Legal Precedent

    When a company is dissolved through statutory amalgamation under Section 396 of the Companies Act, and a decree is obtained against the dissolved company after the amalgamation, the successor company(ies) cannot be bound by such decree in execution proceedings unless they have been properly impleaded in the suit prior to the decree. The Amalgamation Order, through its saving clause, confers on creditors the right to proceed against the resulting company but simultaneously imposes the obligation to implead that resulting company. Failure to do so renders the decree unenforceable against the successor, and the proper remedy is to set aside the decree and remand for fresh trial with proper impleadment, affording the successor an opportunity to defend.

    On this section: Proceeding could be taken against any person claiming under the defendant or judgment debtor. This principle supports enforcement against successors-in-interest but with proper impleadment.

    Read the full order on eCourts India

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.

Questions about Section 146

What have the courts held on Section 146 of the Code of Civil Procedure?

Government of Orissa vs Ashok Transport Agency (05 Nov 2004) is the leading judgment on this section among those set out below: Proceeding could be taken against any person claiming under the defendant or judgment debtor. This principle supports enforcement against successors-in-interest but with proper impleadment.

How do I find court cases under Section 146 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 146, section 146 CPC, section 146 of the Code of Civil Procedure. People searching for it also type section 146 cpc case laws. 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 Government of Orissa vs Ashok Transport Agency (05 Nov 2004).

When did Section 146 of the Code of Civil Procedure come into force?

Section 146 of the Code of Civil Procedure, cited as CPC 146, 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

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.