The Code of Civil Procedure, 1908
| Coming into Force | 01 January 1909 |
| Record Number | 190805 |
| Enactment Date | 21 March 1908 |
| Date | 21 March 1908 |
| Act Number | 05 |
| Court | Ministry of Law and Justice |
1
THE CODE OF CIVIL PROCEDURE, 1908
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ARRANGEMENT OF SECTIONS
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PRELIMINARY
SECTIONS
1. Short title, commencement and extent.
2. Definitions.
3. Subordination of Courts.
4. Savings.
5. Application of the Code to Revenue Courts.
6. Pecuniary jurisdiction.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res judicata
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res judicata .
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
PLACE OF SUING
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.
18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Other suits to be instituted where defendants reside or cause of action ari ses.
21. Objections to jurisdiction.
21A. Bar on suit to set aside decree on objection as to place of suing.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
25. Power of Supreme Court to transfer suits, etc.
INSTITUTION OF SUITS
26. Institution of suits.
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SUMMONS AND DISCOVERY
SECTIONS
27. Summons to defendants.
28. Service of summons where defendant resides in another State.
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
JUDGMENT AND DECREE
33. Judgment and decree.
INTEREST
34. Interest.
COSTS
35. Costs.
35A. Compensatory costs in respect of false or vexatious claims or defences.
35B. Costs for causing delay.
PART II
EXECUTION
GENERAL
36. Application to orders.
37. Definition of Court which passed a decree.
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.
39. Transfer of decree.
40. Transfer of decree to Court in another State.
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A. Execution of decrees passed by Courts in reciprocating territory.
45. Execution of decrees outside India.
46. Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48. [Repealed.] .
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transfer ee.
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SECTIONS
50. Legal representative.
PROCEDURE IN EXECUTION
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
ARREST AND DETENTION
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence-allowance.
58. Detention and release.
59. Release on ground of illness.
ATTACHMENT
60. Property liable to attachment and sale in execution of decree.
61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling house.
63. Property attached in execution of decrees of several Courts.
64. Private alienation of property after attachment to be void.
SALE
65. Purchaser’s title.
66. [Repealed.].
67. Power for State Government to make rules as to sales of land in execution of decrees for payment
of money.
DELEGATIO N TO COLLEC TOR OF POWER TO EXECUTE DECREES
AGAINST IMMOVABLE P ROPERTY
68. [Repealed.].
69. [Repealed.].
70. [Repealed.].
71. [Repealed.].
72. [Repealed.].
DISTRIBUTION OF ASSETS
73. Proceeds of execution-sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
74. Resistance to execution.
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