The CODE OF CIVIL PROCEDURE, 1908

PRELIMINARY

Section 1 — Short title, commencement and extent.

(1) This Act may be cited as the Code of Civil Procedure, 1908.

(2) It shall come into force on the first day of January, 1909. (3) It extends to the whole of India except— [Omitted

(b) the State of Nagaland and the tribal areas:

Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.

Explanation. — In this clause, “tribal areas” means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.

(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]

Browse all 95 sections
  1. 1.Short title, commencement and extent.
  2. 2.Definitions.
  3. 3.Subordination of Courts.
  4. 4.Savings.
  5. 5.Application of the Code to Revenue Courts.
  6. 6.Pecuniary jurisdiction.
  7. 7.Provincial Small Cause Courts.
  8. 8.Presidency Small Cause Courts.
  9. 9.Courts to try all civil suits unless barred.
  10. 10.Stay of suit.
  11. 11.Res judicata.
  12. 12.Bar to further suit.
  13. 13.When foreign judgment not conclusive.
  14. 14.Presumption as to foreign judgments.
  15. 36.Application to orders.
  16. 37.Definition of Court which passed a decree.
  17. 75.Power of Court to issue commissions.
  18. 76.Commission to another Court.
  19. 77.Letter of request.
  20. 78.Commissions issued by foreign Courts.
  21. 79.Suits by or against Government.
  22. 80.Notice.
  23. 81.Exemption from arrest and personal appearance.
  24. 82.Execution of decree.
  25. 89.Settlement of disputes outside the Court.
  26. 94.Supplemental proceedings.
  27. 95.Compensation for obtaining arrest, attachment or injunction on insufficient ground.
  28. 96.Appeal from original decree.
  29. 97.Appeal from final decree where no appeal from preliminary decree.
  30. 98.Decision where appeal heard by two or more Judges.
  31. 99.No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
  32. 99A.No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
  33. 113.Reference to High Court.
  34. 114.Review.
  35. 115.Revision.
  36. 116.Part to apply only to certain High Courts.
  37. 117.Application of Code to High Courts.
  38. 118.Execution of decree before ascertainment of costs.
  39. 119.Unauthorised persons not to address Court.
  40. 120.Provisions not applicable to High Court in original civil jurisdiction.
  41. 121.Effect of rules in First Schedule.
  42. 122.Power of certain High Courts to make rules.
  43. 123.Constitution of Rules Committees in certain States.
  44. 124.Committee to report to High Court.
  45. 125.Power of other High Courts to make rules.
  46. 126.Rules to be subject to approval.
  47. 127.Publication of rules.
  48. 128.Matters for which rules may provide.
  49. 129.Power of High Courts to make rules as to their original civil procedure.
  50. 130.Power of other High Courts to make rules as to matters other than procedure.
  51. 131.Publication of rules.
  52. 132.Exemption of certain women from personal appearance.
  53. 133.Exemption of other persons.
  54. 134.Arrest other than in execution of decree.
  55. 135.Exemption from arrest under civil process.
  56. 135A.Exemption of members of legislative bodies from arrest and detention under civil process.
  57. 136.Procedure where person to be arrested or property to be attached is outside district.
  58. 137.Language of subordinate Courts.
  59. 138.Power of High Court to require evidence to be recorded in English.
  60. 139.Oath on affidavit by whom to be administered.
  61. 140.Assessors in causes of salvage, etc.
  62. 141.Miscellaneous proceedings.
  63. 142.Orders and notices to be in writing.
  64. 143.Postage.
  65. 144.Application for restitution.
  66. 145.Enforcement of liability of surety.
  67. 146.Proceedings by or against representatives.
  68. 147.Consent or agreement by persons under disability.
  69. 148.Enlargement of time.
  70. 148A.Right to lodge a caveat.
  71. 149.Power to make up deficiency of court-fees.
  72. 150.Transfer of business.
  73. 151.Saving of inherent powers of Court.
  74. 152.Amendment of judgments, decrees or orders.
  75. 153.General power to amend.
  76. 153A.Power to amend decree or order where appeal is summarily dismissed.
  77. 153B.Place of trial to be deemed to be open Court.
  78. 154.[Repealed.].
  79. 155.[Repealed.].
  80. 156.[Repealed.].
  81. 157.Continuance of orders under repealed enactments.
  82. 158.Reference to Code of Civil Procedure and other repealed enactments.
  83. SCH-THE FIRST SCHEDULE.THE FIRST SCHEDULE
  84. SCH-THE SECOND SCHEDULE. — [Repealed]..THE SECOND SCHEDULE. — [Repealed].
  85. SCH-THE THIRD SCHEDULE. —[Repealed]..THE THIRD SCHEDULE. —[Repealed].
  86. SCH-THE FOURTH SCHEDULE. — [Repealed]..THE FOURTH SCHEDULE. — [Repealed].
  87. SCH-THE FIFTH SCHEDULE. — [Repealed]..THE FIFTH SCHEDULE. — [Repealed].
  88. ANN-ANNEXURE I.ANNEXURE I
  89. APP-APPENDIX — A.APPENDIX — A
  90. APP-APPENDIX — B.APPENDIX — B
  91. APP-APPENDIX— C.APPENDIX— C
  92. APP-APPENDIX — F.APPENDIX — F
  93. APP-APPENDIX — G.APPENDIX — G
  94. APP-APPENDIX — H.APPENDIX — H
  95. APP-APPENDIX— I.APPENDIX— I