[Repealed.]
Section 155 of the Code of Civil Procedure, 1908 deals with [Repealed.]. [Amendment of certain Acts.] Rep. by s. 2 and the First Schedule, ibid. The Act came into force on 01 Jan 1909.
[Amendment of certain Acts.] Rep. by s. 2 and the First Schedule, ibid.
Section 155, 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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Gaurav Gupta vs Pooja Gupta
Court's Decision & Legal Precedent
The statutory period of six months prescribed under Section 13-B(2) of the Hindu Marriage Act is directory in nature and not mandatory. The court has guided discretion to waive this period when: (1) the parties have been living separately for a substantial period (more than one year as required by Section 13-B(1)); (2) all efforts at mediation and conciliation have failed; (3) the parties have genuinely settled their differences including alimony, custody, and other pending issues; and (4) further waiting would only prolong their agony. In such circumstances, the court may exercise its discretion to waive the waiting period in the interest of justice.
On this section: Provides procedural framework for applications in civil matters; used as basis for filing application for conversion and waiver of waiting period
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 155
What have the courts held on Section 155 of the Code of Civil Procedure?
Gaurav Gupta vs Pooja Gupta (16 Nov 2023) is the leading judgment on this section among those set out below: Provides procedural framework for applications in civil matters; used as basis for filing application for conversion and waiver of waiting period.
How do I find court cases under Section 155 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 155, section 155 CPC, section 155 of the Code of Civil Procedure. People searching for it also type s 155 cpc. 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 Gaurav Gupta vs Pooja Gupta (16 Nov 2023).
When did Section 155 of the Code of Civil Procedure come into force?
Section 155 of the Code of Civil Procedure, cited as CPC 155, 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 15 Oct 2026. This page is not a substitute for legal advice.