The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil suit or proceedings in India.
History To give uniformity to Civil Procedure, the Legislative Council of India enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it was felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended a number of times, it has withstood the test of time.
Amendments The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was to ensure speedy disposal of civil cases governed under the Act.
Civil Procedure Code (Amendment) Act 2015 Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.
The Code of Civil Procedure, 1908 was further amended in the year 2018.
Arrangement of Sections
Preliminary (Section 1 to 8) SectionDescription1Short Title, Commencement and extent2Definition3Subordination of Courts4Saving Clause5Application of the Code to Revenue Courts6Pecuniary Jurisdiction7Provincial Small Cause Courts8Presidency Small Cause Courts
Part 1- Suits in General
Jurisdiction of the Courts and Res-Judicata (Section 9 to 14) SectionDescription9Courts to try all civil suits unless barred10Stay of Suit11Res-Judicata12Bar to further suit13When foreign suit not conclusive14Presumption as to foreign judgements
Place of Suing (Section 15 to 25) SectionDescription15Court in which suits to be instituted.16Suits to be instituted where subject-matter situate.17Suits for immovable property situate within jurisdiction of different Courts.18Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.19Suits for compensation for wrongs to person or movables.20Other suits to be instituted where defendants reside or cause of action arises.21Objections to jurisdiction.21ABar on suit to set aside decree on objection as to place of suing.22Power to transfer suits which may be instituted in more than one Court.23To what Court application lies.24General power of transfer and withdrawal.25Power of Supreme Court to transfer suits, etc.
Institution of Suit (Section 26 to 33) SectionDescription26Institution of Suits27Summons to defendants.28Service of summons where defendant resides in another State.29Service of foreign summonses.30Power to order discovery and the like.31Summons to witness.32Penalty for default.
Judgement and Decree Section 33 - Judgement and Decree
Interest Section 34 - Interest
Costs (Section 35, 35A and 35B) SectionDescription35Costs35ACompensatory costs in respect of false or vexatious claims or defenses.35BCosts for causing delay.
Part 2- Execution
General (Section 36 and 37) SectionDescription36Application to orders. 37Definition of Court which passed a decree.
Courts by which decrees may be executed (Section 38 to 46) SectionDescription38Court by which decree may be executed.39Transfer of decree. 40Transfer of decree to Court in another State.41Result of execution proceedings to be certified.42Powers of Court in executing transferred decree.43Execution of decrees passed by Civil Courts in places to which this Code does not extend.44Execution of decrees passed by Revenue Courts in places to which this Code does not extend.44AExecution of decrees passed by Courts in reciprocating territory45Execution of decrees outside India.46Precepts.
Questions to be determined by the Court executing decree. Section 47 - Questions to be determined by the Court executing decree.
Limit of time for execution Section 48 - [Repealed]
Transferees and Legal Representatives SectionDescription49Transferees.50Legal representative.
Procedure in Execution (Section 51 to 54) SectionDescription51Powers of Court to enforce execution.52Enforcement of decree against legal representative.53Liability of ancestral property. 54Partition of estate or separation of share.
Arrest and Detention (Section 55 to 59) SectionDescription55Arrest and detention.56Prohibition of arrest or detention of women in execution of decree for money.57Subsistence-allowance. 58Detention and release.59Release on ground of illness.
Attachment (Section 60 to 64) SectionDescription60Property liable to attachment and sale in execution of decree.61Partial exemption of agricultural produce.62Seizure of property in dwelling house. 63Property attached in execution of decrees of several Courts.64Private alienation of property after attachment to be void.
Sale (Section 65, 66 and 67) SectionDescription65Purchaser's Title66Repealed67Power for State Government to make rules as to sales of land in execution of decrees for payment of money.
Delegation to Collector of Power to execute decrees against immovable property. Section 68 to 72 - Repealed.
Distribution of Assets Section 73 - Proceeds of execution-sale to be rateably distributed among decree-holders.
Resistance to Execution Section 74 - Resistance to execution.
Part 3- Incidental Proceedings
Commissions (Section 75 to 78) SectionDescription75Power of Court to issue commissions.76Commission to another Court.77Letter of request. 78Commissions issued by foreign Courts.
Part 4- Suits in Particular Cases
Suits by or Against the Government or Public Officers in their Official Capacity SectionDescription79Suits by or against Government.80Notice.81Exemption from arrest and personal appearance. 82Execution of decree.
Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys SectionDescription83When aliens may sue.84When foreign States may sue.85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. 86Suits against foreign Rulers, Ambassadors and Envoys.87Style of foreign Rulers as parties to suits.87ADefinitions of “foreign State” and “Ruler”.
Suits against Rulers of Former Indian States Section 87B- Application of sections 85 and 86 to Rulers of former Indian States.
Interpleader Section 88- Where interpleader-suit may be instituted.
Part 5- Special Proceedings
Arbitration Section 89- Settlement of disputes outside the Court.
Special Case Section 90- Power to state case for opinion of Court.
Public Nuisances and other Wrongful Acts affecting the public SectionDescription91Public nuisances and other wrongful acts affecting the public. 92Public charities.93Exercise of powers of Advocate-General outside presidency-towns.
Part 6- Supplemental Proceedings SectionDescription94Supplemental proceedings.95Compensation for obtaining arrest, attachment or injunction on insufficient ground.
Part 7- Appeals
Appeals from Original Decrees SectionDescription96Appeal from original decree.97Appeal from final decree where no appeal from preliminary decree. 98Decision where appeal heard by two or more Judges. 99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
Appeals from Appellate Decrees SectionDescription100Second Appeal.100ANo further appeal in certain cases. 101Second appeal on no other grounds. 102No second appeal in certain cases.103Power of High Court to determine issues of fact.
Appeals from Orders SectionDescription104Orders from which appeal lies.105Other Orders.106What Courts to hear appeals.
General Provisions relating to Appeals SectionDescription107Powers of Appellate Court and appleant.108Procedure in appeals from appellate decrees and orders.
Appeals to the Supreme Court SectionDescription109When appeals lie to the Supreme Court110Omitted 111Omitted 111AOmitted112Savings.
Part 8- Reference, review and revision SectionDescription113Reference to High Court114Review 115Revision
Part 9- Special Provisions relating to the High Courts not being the Court of Judicial Commissioner SectionDescription116Part to apply only to certain High Courts.117Application of Code to High Courts. 118Execution of decree before ascertainment of costs. 119Unauthorised persons not to address Court.120Provisions not applicable to High Court in original civil jurisdiction.
Part 10- Rules SectionDescription121Effect of rules in First Schedule.122Power of certain High Courts to make rules. 123Constitution of Rules Committees in certain States. 124Committee to report to High Court.125Power of other High Courts to make rules.126Rules to be subject to approval. 127Publication of rules. 128Matters for which rules may provide129Power of High Courts to make rules as to their original civil procedure. 130Power of other High Courts to make rules as to matters other than procedure131Publication of rules.
Part 11- Miscellaneous SectionDescription132Exemption of certain women from personal appearance.133Exemption of other persons. 134Arrest other than in execution of decree. 135Exemption from arrest under civil process. 135AExemption of members of legislative bodies from arrest and detention under civil process.136Procedure where person to be arrested or property to be attached is outside district. 137Language of subordinate Courts.138Power of High Court to require evidence to be recorded in English.139Oath on affidavit by whom to be administered.140Assessors in causes of salvage, etc.141Miscellaneous proceedings.142Orders and notices to be in writing. 143Postage.144Application for restitution. 145Enforcement of liability of surety.146Proceedings by or against representatives.147Consent or agreement by persons under disability. 148Enlargement of Time.148ARight to lodge a caveat.149Power to make up deficiency of court-fees.150Transfer of business.151Saving of inherent powers of Court.152Amendment of judgments, decrees or orders.153General power to amend.153APower to amend decree or order where appeal is summarily dismissed. 153BPlace of trial to be deemed to be open Court.154Repealed.155Repealed.156Repealed.157Continuance of orders under repealed enactments.158Reference to Code of Civil Procedure and other repealed enactments.
Arrangement of Schedules
Order 1- Parties to Suits RuleDescription1Who may be joined as plaintiffs. 2Power of Court to order separate trial. 3Who may be joined as defendants. 3APower to order separate trials where joinder of defendants may embarrass or delay trial.4Court may give judgment for or against one or more of joint parties.5Defendant need not be interested in all the relief claimed.6Joinder of parties liable on same contract.7When plaintiff in doubt from whom redress is to be sought.8One person may sue or defend on behalf of all in same interest.8APower of Court to permit a person or body of persons to present opinion or to take part in the proceedings.9Misjoinder and non-joinder.10Suit in name of wrong plaintiff.