THE CODE OF CIVIL PROCEDURE, 1908

(Act No. 5 of 1908)

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the
Courts of Civil Judicature; it is hereby enacted as follows:-
PRELIMINARY
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.
[2][(3) It extends to the whole of India except-
(a) the State of Jammu and Kashmir;
(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.]
2. Definitions- In this Act, unless there is anything repugnant in the subject or context,-
(1) "Code" includes rules;
(2) "decree" means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit and may be either preliminary or final. It shall be deemed to
include the rejection of a plaint and the determination of any question within [3]* * * section 144,
but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation-A decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed of. It is final when such adjudication completely disposes of the suit,
it may be partly preliminary and partly final;
(3) "decree-holder" means any person in whose favour a decree has been passed or an order
capable of execution has been made;
(4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction
(hereinafter called a "District Court"), and includes the local limits of the ordinary original civil
jurisdiction of a High Court;
(5) "foreign Court" means a Court situate outside India and not established or continued by the
authority of the Central Government;
(6) "foreign judgment" means the judgment of a foreign Court;
(7) "Government Pleader" includes any officer appointed by the State Government to perform all
or any of the functions expressly imposed by this Code on the Government Pleader and also any
pleader acting under the directions of the Government Pleader;
(7A) "High Court" in relation to the Andaman and Nicobar Islands, means the High Court in
Calcutta;
(7B) "India", except in sections 1, 29, 43, 44, 44A, 78, 79, 82, 83 and 87A, means the territory of
India excluding the State of Jammu and Kashmir;
(8) "Judge" means the presiding officer of a Civil Court;
(9) "judgment" means the statement given by the judge of the grounds of a decree or order;
(10) "judgment-debtor" means any person against whom a decree has been passed or an order
capable of execution has been made;
(11) "legal representative" means a person who in law represents the estate of a deceased
person, and includes any person who intermeddles with the estate of the deceased and where a
party sues or is sued in a representative character the person on whom the estate devolves on
the death of the party so suing or sued;
(12) "means profits" of property means those profits which the person in wrongful possession of
such property actually received or might with ordinary diligence have received therefrom, together
with interest on such profits, but shall not include profits due to improvements made but the
person in wrongful possession;
(13) "movable property" includes growing crops;
(14) "order" means the formal expression of any decision of a Civil Court which is not a decree;
(15) "pleader" means any person entitled to appear and plead for another in Court, and includes
an advocate, a vakil and an attorney of a High Court;
(16) "prescribed" means prescribed by rules :
(17) "public officer" means a person falling under any of the following descriptions, namely:-
(a) every Judge;
(b) every member of [4][an All-India Service];
(c) every commissioned or gazetted officer in the military, naval or air forces of the Union while
serving under the Government.
(d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or
dispose of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order, in the court, and every person especially authorized by a Court of
Justice to perform any of such duties:
(e) every person who holds and office by virtue of which he is empowered to place or keep any
person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on
behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter
affecting the pecuniary interests of the Government, or to make, authenticate or keep any
document relating to the pecuniary interests of the Government, or to prevent the infraction of any
law for the protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty;
(18) "rules" means rules and forms contained in the First Schedule or made under section 122 or
section 125;
(19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or
bonds; and
(20) "signed", save in the case of a judgment or decree, includes stamped.
3. Subordination of Courts- For the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of
Small Causes is subordinate to the High Court and District Court.
4. Savings- (1) In the absence of any specific provision to the contrary, nothing in this Code shall
be deemed to limit or otherwise affect any special or local law now in force or any special
jurisdiction or power conferred, or any special form of procedure prescribed, by or under any
other law for the time in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section
(1) nothing in this Code shall be deemed to limit or otherwise affect any remedy which a
landholder or landlord may have under any law for the time being in force for the recovery of rent
of agricultural land from the produce of such land.
5. Application of the Code of Revenue Courts- (1) Where any Revenue Courts are governed by
the provisions of this Code in those matters of procedure upon which any special enactment
applicable to them is silent, the State Government may, by notification in the Official Gazette,
declare that any portions of those provisions which are not expressly made applicable by this
Code shall not apply to those Courts, or shall only apply to them with such modifications as the
State Government may prescribe.
(2) "Revenue Court" in sub-section (1) means a Court having jurisdiction under any local law to
entertain suits or other proceedings relating to the rent, revenue or profits of land used for
agricultural purposes, but does not include a Civil Court having original jurisdiction under this
Code to try such suits or proceedings as being suits or proceedings of a civil nature.
6. Pecuniary jurisdiction- Save in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdiction over suits the amount or value of the
subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts- The following provisions shall not extend to Courts constituted
under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause
Courts Laws, 1905, or to Courts exercising the jurisdiction of a Court of Small Causes under the
said Act or Law or to Courts in any part of India to which the said Act does not extend exercising
a corresponding jurisdiction that is to say,-
(a) so much of the body of the Code as relates to-
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property ; and
(b) the following sections, that is to say,-
section 9,
sections 91 and 92,
sections 94 and 95 so far as they authorize or relate to-
(i) orders for the attachment of immovable property;
(ii) injunctions,
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders referred to in clause (e) of section 94 and
sections 96 to 112 and 115.
8. Presidency Small Cause Courts- Save as provided in sections 24, 38 to 41, 75, clauses (a), (b)
and (c), 76 [5][77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882, (15 of
1882) the provisions in the body of this Code shall not extend to any suit or proceedings in any
Court of Small Causes established in the towns of Calcutta, Madras and Bombay :
Provided that -
(1) the High Courts of Judicature at Fort William Madras and Bombay, as the case may be, may
from time to time, by notifications in the Official Gazette, direct that any such provisions not
inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882, (15 of
1882) and with such modifications and adaptation as may be specified in the notification, shall
extend to suits or proceedings or any class of suits or proceedings in such Court:
(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency
Small Cause Courts Act, 1882 ( 15 of 1882) shall be deemed to have been validly made.
STATE AMENDMENTS
Gujarat- After the words Calcutta, Madras and Bombay the words "and in the City of Ahmedabad"
shall be inserted.
[Gujarat Act No. XIX of 1961].
PART I-SUITS IN GENERAL
Jurisdiction of the Courts and Res judicata
9. Courts to try all civil suits unless barred? The Courts shall (subject to the provisions herein contained)
have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either
expressly or impliedly barred.
[6] [Explanation I].?A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites
or ceremonies.
[7] [Explanation II]. For the purposes of this section, it is immaterial whether or not any fees are attached to
the office referred to in Explanation I or whether or not such office is attached to a particular place.].
STATE AMENDMENTS
Maharashtra? After section 9 insert the following section 9A.
"9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken
such issue to be decided by the court as a preliminary issue:? (1) Notwithstanding anything contained in
this code or any other law for the time being in force, if at the hearing of any application for granting or
setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a
receiver or otherwise, made in any suit, on objection to jurisdiction of the court to entertain such suit is
taken by any of the parties to the suit the court shall proceed to determine at the hearing of such application
the issue as to the jurisdiction as a preliminary issue before granting for setting aside the order granting the
interim relief. Any such application shall be heard and disposed of by the court as expeditiously as possible
and shall not in any case be adjourned to the hearing of the suit.
(2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application the court
may grant such interim relief as it may consider necessary, pending determination by it of the preliminary
issue as to the jurisdiction".
[Maharashtra Act No. 65 of 1977].
10. Stay of suit? No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond
the limits of India established or continued by the Central Government and having like jurisdiction, or
before the Supreme Court.
Explanation?The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a
suit founded on the same cause of action.
11. Res judicata? No Court shall try any suit or issue in which the matter directly and substantially in issue
has been directly and substantially in issue in a former suit between the same parties, or between parties
under whom they or any of them claim, litigating under the same title, in a Court competent to try such
subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally
decided by such Court.
Explanation I.?The expression "former suit" shall denote a suit which has been decided prior to the suit in
question whether or not it was instituted prior thereto.
Explanation II.?For the purposes of this section, the competence of a Court shall be determined irrespective
of any provisions as to a right of appeal from the decision of such Court.
Explanation III.?The matter above referred to must in the former suit have been alleged by one party and
either denied or admitted, expressly or impliedly, by the other.
Explanation IV.?Any matter which might and ought to have been made ground of defence or attack in such
former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.?Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the
purposes of this section, be deemed to have been refused.
Explanation VI.?Where persons litigate bona fide in respect of public right or of a private right claimed in
common for themselves and others, all persons interested in such right shall, for the purposes of this
section, be deemed to claim under the persons so litigating.
[8] [Explanation VII.?The provisions of this section shall apply to a proceeding for the execution of a
decree and reference in this section to any suit, issue or former suit shall be construed as references,
respectively, to proceedings for the execution of the decree, question arising in such proceeding and a
former proceeding for the execution of that decree.
Explanation VIII.?An issue heard and finally decided by a Court of limited jurisdiction, competent to
decide such issue, shall operate as res judicata in as subsequent suit, notwithstanding that such Court of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
12. Bar to further suit.? Where a plaintiff is precluded by rules from instituting a further suit in respect of
any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in
any Court to which this Code applies.
13. When foreign judgment not conclusive? A foreign judgment shall be conclusive as to any matter
thereby directly adjudicated upon between the same parties or between parties under whom they or any of
them claim litigating under the same title except?
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law
or a refusal to recognise the law of India in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in India.
14. Presumption as to foreign judgments.? The Court shall presume upon the production of any document
purporting to be a certified copy of a foreign judgment that such judgment was pronounced by a Court of
competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced
by proving want of jurisdiction.
Place of suing
15. Court in which suits to be instituted? Every suit shall be instituted in the Court of the lowest grade
competent to try it.
16. Suits to be instituted where subject-matter situate? Subject to the pecuniary or other limitations
prescribed by any law, suits?
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by
or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal
obedience be instituted either in the Court within the local limits of whose jurisdiction the property is
situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily
resider, or carries on business, or personally works for gain.
Explanation.? In this section "property" means property situate in India.
17. Suits for immovable property situate within jurisdiction of different Courts? Where a suit is to obtain
relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
different Court, the suit my be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situate :
Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such
Court.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain? (1) Where it is
alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any
immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged
uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit
relating to that property, and its decree in the suit shall have the same effect as if the property were situate
within the local limits of its jurisdiction :
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of
the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and objection is taken before an
Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court
not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the
objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for
uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure
of justice.
19. Suits for compensation for wrongs to person or movable? Where a suit is for compensation for wrong
done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction
of one Court and the defendant resides, or carries on business, or personally works for gain, within the local
limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of
the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta
or in Delhi.
20. Other suits to be instituted where defendants reside or cause of action arises? Subject to the limitations
aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction?
(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for
gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit
actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such
case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or
personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
[9] [* * * *]
[10] [Explanation].?A corporation shall be deemed to carry on business at its sole or principal office in
India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such
place.
Illustrations
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of
A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in
Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or
in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi A, B and C being together at Benaras, B and C make a
joint promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the
cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but
in each of these cases, if the non-resident defendant object, the suit cannot proceed without the leave of the
Court.
21. Objections to jurisdiction? [11][(1)] No objection as to the place of suing shall be allowed by any
appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest
possible opportunity and in all cases where issues or settled at or before such settlement, and unless there
has been a consequent failure of justice.
[12] [2) No objection as to the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
Court of first instance at the earliest possible opportunity, and in all cases where issues are settled, at or
before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the local limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
executing Court at the earliest possible opportunity, and unless there has been a consequent failure of
justice.]
[13][21A. Bar on suit to set aside decree on objection as to place of suing? No suit shall lie challenging the
validity of a decree passed in a former suit between the same parties, or between the parties under whom
they or any of them claim, litigating under the same title, on any ground based on an objection as to the
place of suing.
Explanation.?The expression "former suit" means a suit which has been decided prior to the decision in the
suit in which the validity of the decree is questioned, whether or not the previously decided suit was
instituted prior to the suit in which the validity of such decree is questioned].
22. Power to transfer suits which may be instituted in more than one Court? Where a suit may be instituted
in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the
other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before
such settlement, apply to have the suit transferred to another Court, and the Court to which such application
is made, after considering the objections of the other parties (if any), shall determine in which of the several
Courts having jurisdiction the suit shall proceed.
23. To what Court application lies.? (1) Where the several Courts having jurisdiction are subordinate to the
same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the
application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made the High
Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
24. General power of transfer and withdrawal? (1) On the application of any of the parties and after notice
to the parties and after hearing such of them as desired to be heard, or of its own motion without such
notice, the High Court or the District Court may at any stage?
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court
subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and?
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of
the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which
[14][is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of any order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
[15] [(3) For the purposes of this section,?
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes
shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
[16] [(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction
to try it.]
[17][25. Power of Supreme Court to transfer suits, etc.? (1) On the application of a party, and after notice to
the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or
other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or
other Civil Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special
directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the
application was frivolous or vexatious, order the applicant to pay by way of compensation to any person
who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate
in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law
which the Court in which the suit, appeal or other proceeding was originally instituted ought to have
applied to such suit, appeal or proceeding.]
Institution of suits
26. Institution of suits? Every suit shall be instituted by the presentation of a plaint or in such other manner
as may be prescribed.
Summons and Discovery
27. Summons to defendants? Where a suit has been duly instituted, a summons may be issued to the
defendant to appear and answer the claim and may be served in manner prescribed.
28. Service of summons where defendant resides in another State? (1) A summons may be sent for service
in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by
such Court and shall then return the summons to the Court of issue together with the record (if any) of its
proceedings with regard thereto.
[18] [(3) Where the language of the summons sent for service in another State is different from the
language of the record referred to in sub- section (2), a translation of the record,?
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section].
29. Service of foreign summonses? Summons and other processes issued by?
(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not
extent, or
(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside
India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in
the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were
summonses issued by such Courts.
30. Power to order discovery and the like? Subject to such conditions and limitations as may be prescribed,
the Court may, at any time, either of its own motion or on the application of any party,?
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to produce
documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
31. Summons to witness? The provisions in sections 27, 28 and 29 shall apply to summonses to give
evidence or to produce documents or other material objects.
32. Penalty for default ?The Court may compel the attendance of any person to whom a summons has been
issued under section 30 and for that purpose may?
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine upon him not exceeding five hundred rupees;
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
Judgment and decree
33. Judgment and decree? The Court, after the case has been heard, shall pronounce judgment, and on such
judgment a decree shall follow.
Interest
34. Interest? (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the
date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any
period prior to the institution of the suit, with further interest at such rate not exceeding six per cent, per
annum as the Court deems reasonable on such principal sum from the date of the decree to the date of
payment, or to such earlier date as the Court thinks fit :
[19] [Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial
transaction, the rate of such further interest may exceed six per cent, per annum, but shall not exceed the
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or
advanced by nationalised banks in relation to commercial transactions.
Explanation I.?In this sub-section, "nationalised bank" means a corresponding new bank as defined in the
Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 (5 of 1970).
Explanation II.?For the purposes of this section, a transaction is a commercial transaction, if it is connected
with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest on such principal sum from
the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused
such interest, and a separate suit therefore shall not lie.
Costs
35. Costs? (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of law
for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and
the Court shall have full power to determine by whom or out of what property and to what extent such costs
are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no
jurisdiction to try the suit shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in
writing.
35A. Compensatory costs in respect of false or vexatious claims or defenses? (1) If any suit or other
proceedings including an execution proceedings but [20][excluding an appeal or a revision] any party
objects to the claim of defence on the ground that the claim or defence or any part of it is, as against the
objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole
or in part, the Court if it so thinks fit, may, after recording its reasons for holding such claim or defence to
be false or vexatious, make an order for the payment to the object or by the party by whom such claim or
defence has been put forward, of cost by way of compensation.
(2) No Court shall make any such order for the payment of an amount exceeding [21][three thousand
rupees] or exceeding the limits of it pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a
Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under a
corresponding law in force in any part of India to which the said Act does not extend and not being a Court
constituted under such Act or law, are less than two hundred and fifty rupees, the High Court may empower
such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and
not exceeding those limits by more than one hundred rupees :
Provided, further, that the High Court may limit the amount or class of Courts is empowered to award as
costs under this Section.
(3) No person against whom an order has been made under this section shall, by reason thereof, be
exempted from any criminal liability in respect of any claim or defence made by him.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or
defence shall be taken into account in any subsequent suit for damages or compensation in respect of such
claim or defence.
STATE AMENDMENTS
Uttar Pradesh? (i) For sub-section (1) of section 35A substitute the following.
"(1) If any suit or other proceedings including proceedings in execution, but not being an appeal or
revision, the court finds that the claim or defence or any part thereof is false or vaxatious to the knowledge
of the party by whom it has been put forward and if such claim or defence or such part is disallowed,
abandoned or withdrawn in whole or in part, the court may, after recording its reasons for holding such
claim or defence to be false or vexatious, make an order for the payment to the successful party or costs by
way of compensation irrespective of the decisions on other issues in the case".
[U.P. Act No. 24 of 1954].
(ii) After sub-section (1) insert the following.
"(1-A) The provisions of sub-section (1) shall mutatis mutandis apply to an appeal where the appellate
Court confirms the decision of the trial court and the trial court has not awarded or insufficient,
compensatory cost under that sub-section.
[U.P. Act No. 57 of 1976].
[22][35B. Costs for causing delay? (1) If, on any date fixed for the hearing of a suit or for taking any step
therein, a party to the suit?
(a) fails to take the step which he was required by or under this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party such
costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect
of the expenses incurred by him in attending the Court on that date, and payment of such costs, on the date
next following the date of such order, shall be a condition precedent to the further prosecution of?
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs.
(b) the defence by the defendant, where the defendant was ordered to pay such costs.
Explanation.?Where separate defences have been raised by the defendants or groups of defendants,
payment of such costs shall be a condition precedent to the further prosecution of the defence by such
defendants or groups of defendants as have been ordered by the Court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1) shall not, if paid, be included in the costs awarded in
the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up indicating
the amount of such costs and the names and addresses of the persons by whom such costs are payable and
the order so drawn up shall be executable against such persons.]

THE CODE OF CIVIL PROCEDURE, 1908

PART II- EXECUTION
General
[23][36. Application to orders? The provisions of this Code relating to the execution of decree (including
provisions relating to payment under a decree) shall, so far as they are applicable, be deemed to apply to the
execution of orders (including payment an order).]
37. Definition of Court which passed a decree? The expression "Court which passed a decree", or words to
that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or
context, be deemed to include,?
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of
first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court
which, if the suit wherein the decree was passed was instituted at the time of making the application for the
execution of the decree, would have jurisdiction to try such suit.
[24] [Explanation.?The Court of first instance does not cease to have jurisdiction to execute a decree
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any
other Court; but in every such case, such other Court shall also have jurisdiction to execute the decree, if at
the time of amking the application for execution of the decree it would have jurisdiction to try the said
suit.]
Courts by which decrees may be executed
38. Court by which decree may be executed? A decree may be executed either by the court which passed it,
or by the Court to which it is sent for execution.
39. Transfer of decree? (1) The Court which passed a decree may, on the application of the decree-holder,
send it for execution to another Court [25][of competent jurisdiction],?
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business,
or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property with in the local limits of the jurisdiction of the Court which passed the
decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such
other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the
jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in wiring, that
the decree should be executed by such other Court.
(2) The Court which passed the decree may of its own motion send it for execution to any subordinate
Court of competent jurisdiction.
[26][(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if,
at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to
try the suit in which such decree was passed.]
STATE AMENDMENTS
Uttar Pradesh? Sub-section (3) of section 39 shall be substituted.
"(3) For the purpose of this section, a court shall be deemed to be a court of competent jurisdiction if the
amount or value of the subject matter of the suit wherein the decree was passed does not exceed the
pecuniary limits if any of its ordinary jurisdiction at the time of making the application for the transfer of
decree to it, notwithstanding that it had otherwise no jurisdiction to try the suit".
[U.P. Act No. 31 of 1978].
40. Transfer of decree to Court in another State? Where a decree is sent for execution in another State, it
shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
41. Result of execution proceedings to be certified.? The Court to which a decree is sent for execution shall
certify to the Court which passed it the fact of such execution, or where the former Court fails to execute
the same the circumstances attending such failure.
42. Powers of Court in executing transferred decree? [27][(1)] The Court executing a decree sent to it shall
have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or
obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had
passed the decree. And its order in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself.
[28][(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the Court
under that sub-section shall include the following powers of the Court passed the decree, namely:?
(a) power to send the decree for execution to another Court under section 39;
(b) power to execute the decree against the legal representative of the deceased judgment-debtor under
section 50;
(c) power to order attachment of a decree.
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof
to the Court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the Courts to which a decree is sent for execution
any of the following powers, namely?
(a) power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any
person other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of
Order XXI.]
STATE AMENDMENTS
Uttar Pradesh? Section 42 shall be substituted by following.
"42. Power of Court in executing transferred decree:? (1) The court executing a decree sent to it shall have
the same powers in executing such decree as if it had been passed by itself. All persons disobeying or
obstructing the decree shall be punishable by such court in the same manner as if it had passed the decree,
and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree
had been passed by itself.
(2) Without prejudice to the generality of the provisions of sub-section (1) the powers of the court under
that sub-section shall include the following powers of the court which passed the decree, namely?
(a) power to send the decree for execution to another court under section 39.
(b) power to execute the decree against the legal representative of the deceased judgment debtor under
section 50.
(c) power to order attachment of a decree.
(d) power to decide any question relating to the bar of limitation to the executability of the decree.
(e) power to record payment or adjustment under Rule 2 of order XXI.
(f) power to order stay of execution under Rule 29 Order XXI,
(g) in the case of a decree passed against a firm power to grant leave to execute such decree against any
person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of Rule 50 of Order
XXI.
(3) A court passing an order in exercise of the powers specified in sub-section (2) shall send a copy there of
to the court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the court to which a decree is sent for execution,
the power to order execution at the instance of the transfer of a decree"
[U.P. Act No. 14 of 1970].
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend? Any decree
passed by any Civil Court established in any part of India to which the provisions of this Code do not
extend, or by any Court established or continued by the authority of the Central Government outside India,
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.
44. Execution of decrees passed by Revenue Court in places to which this Code does not extend.? The State
Government may, by notification in the Official Gazette, declare that the decrees of any Revenue Court in
any part of India to which the provisions of this Code do not extend or any class of such decrees, may be
executed in the State as if they had been passed by Courts in that State.
44A. Execution of decrees passed by Courts in reciprocating territory? (1) Where a certified copy of decree
of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree
may be executed in India as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for
the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or
adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the
proceedings of a District Court executing a decree under this section, and the District Court shall refuse
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any
of the exceptions specified in clauses (a) to (f) of section 13.
Explanation 1? "Reciprocating territory" means any country or territory outside India which the Central
Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the
purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as
may be specified in the said notification.
Explanation 2.? "Decree" with reference to a superior Court means any decree or judgment of such Court
under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a
like nature or in respect to a fine or other penalty, but shall in no case include an arbitration award, even if
such an award is enforceable as a decree or judgment.
45. Execution of decrees outside India? So much of the foregoing sections of this Part as empowers a Court
to send a decree for execution to another Court shall be construed as empowering a Court in any State to
send a decree for execution to any Court established by the authority of the Central Government outside
India to which the State Government has by notification in the Official Gazette declared this section to
apply.
STATE AMENDMENTS
Pondicherry? After section 45 insert the following:?
"45-A. Execution of decrees etc. passed or made before the Commencement of the Code in Pondicherry?
Any Judgment, decree or order passed or made before the Commencement of this Code by any Civil Court
in the Union Territory of Pondicherry shall for the purpose of execution be deemed to have been passed or
made under this Code.
Provided that nothing contained in this section shall be construed as extending the period of limitation to
which any proceeding in respect of such judgment decree or order may be subject."
[Act No. 26 of 1968].
46. Precepts? (1) Upon the application of the decree-holder the Court which passed the decree may,
whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree
to attach any property belonging to the judgment-debtor and specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in
regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless the period of
attachment is extended by an order of the Court which passed the decree or unless before the determination
of such attachment the decree has been transferred to the Court by which the attachment has been made and
the decree-holder has applied for an order for the sale of such property.
Questions to be determined by Court executing decree
47. Questions to be determined by the Court executing decree? (1) All questions arising between the parties
to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge
or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate
suit.
[29]* * * *
(3) Where a question arises as to whether any person is or is not the representative of a party, such question
shall, for the purposes of this section, be determined by the Court.
[30] [Explanation I.?For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the suit.
Explanation II.?(a) For the purposes of this section, a purchaser of property at a sale in execution of a
decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the
decree within the meaning of this section.]
Limit of time for execution
48. [Execution barred in certain cases].? Rep. by the limitation Act, 1963 (36 of 1963), s. 28 (with effect
from the 1st January, 1964)
Transferees and legal representatives
49. Transferee? Every transferee of a decree shall hold the same subject to the equities (if any) which the
judgment-debtor might have enforced against the original decree-holder.
50. Legal representative? (1) Where a judgment-debtor dies before the decree has been fully satisfied, the
holder of the decree may apply to the Court which passed it to execute the same against the legal
representative of the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of
the property of the deceased which has come to his hands and has not been duly disposed of; and, for the
purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the
application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.
Procedure in execution
51. Powers of Court to enforce execution? Subject to such conditions and limitations as may be prescribed,
the Court may, on the application of the decree-holder, order execution of the decree?
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison [31][for such period not exceeding the period specified in section 58,
where arrest and detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require:
Provided that, where the decree is for the payment of money, execution by detention in prison shall not be
ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be
committed to prison, the Court, for reasons recorded in writing, is satisfied?
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the
decree,?
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed,
or removed any part of his property, or committed any other act of bad faith in relation to his property, or
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the
decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same,
or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account.
Explanation.?In the calculation of the means of the judgment-debtor for the purposes of clause (b), there
shall be left out of account any property which, by or under any law or custom having the force of law for
the time being in force, is exempt from attachment in execution of the decree.
STATE AMENDMENTS
Uttar Pradesh? In section 51 of the Code Clause (bb) shall be inserted after clause (b).
"(bb) by transfer other than sale by attachment or without attachment of any property"
[U.P. Act No. 24 of 1954].
52. Enforcement of decree against legal representative? (1) Where a decree is passed against a party as the
legal representative of a deceased person, and the decree is for the payment of money out of the property of
the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the
Court that he has duly applied such property of the deceased as is proved to have come into his possession,
the decree may be executed against the judgment-debtor to the extent of the property in respect of which he
has failed so to satisfy the Court in the same manner as if the decree had been against him personally.
53. Liability of ancestral property? For the purposes of section 50 and section 52, property in the hands of a
son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor,
in respect of which a decree has been passed, shall be deemed to be property of the deceased which has
come to the hands of the son or other descendant as his legal representative.
54. Partition of estate or separation of share? Where the decree is for the partition of an undivided estate
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an
estate, the partition of the estate or the separation of the share shall be made by the Collector or any
gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for
the time being in force relating to the partition, or the separate possession shares, of such estates.
Arrest and detention
55. Arrest and detention? (1) A judgment-debtor may be arrested in execution of a decree at any hour and
on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the
civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison
does not afford suitable accommodation, in any other place which the State Government may appoint for
the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise :
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe the judgment-debtor is to be found :
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor
and who according to the customs of the country does not appear in public, the officer authorised to make
the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for
her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of
making the arrest :
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree
for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest
to the officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of
persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to
arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by
the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought
before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may
be discharged, if he has not committed any act of bad faith regarding the subject of the application and if he
complies with provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor express his intention to apply to be declared an insolvent and furnishes
security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear,
when called upon, in any proceeding upon the application or upon the decree in execution of which he was
arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may
either direct the security to be realised or commit him to the civil prison in execution of the decree.
56. Prohibition of arrest or detention of women in execution of decree for money? Notwithstanding
anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in
execution of a decree for the payment of money.
57. Subsistence allowance? The State Government may fix scales, graduated according to rank, race and
nationality, of monthly allowances payable for the subsistence of judgment-debtors.
58. Detention and release? (1) Every person detained in the civil prison in execution of a decree shall be so
detained,?
(a) where the decree is for the payment of a sum of money exceeding [32][one thousand rupees, for a
period not exceeding three months, and]
[33] [(b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not
exceeding one thousand rupees, for a period not exceeding six weeks :]
Provided that he shall be released from such detention before the expiration of the [34][said period of
detention]?
(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil
prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has been so detained, or
(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence
allowance :
Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the
order of the Court.
[35] [(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-
debtor in civil prison in execution of a decree for the payment of money shall be made, where the total
amount of the decree does not exceed five hundred rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release
be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of
which he was detained in the civil prison.
59. Release on ground of illness? (1) At any time after a warrant for the arrest of a judgment-debtor has
been issued the Court may cancel it on ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a
fit state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom,?
(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering
from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in the
civil prison shall not in the aggregate exceed that prescribed by section 58.
Attachment
[36][60. Property liable to attachment and sale in execution of decree? (1) The following property is liable
to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money,
banknotes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other
securities for money, debts, shares in corporation and, save as hereinafter mentioned, all other saleable
property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which,
he has a disposing power which he may exercise for his own benefit,whether the same be held in the name
of the judgment-debtor or by another person in trust for him or on his behalf :
Provided that the following particulars shall not be liable to such attachment or sale, namely:?
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and
children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any
woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and
such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his
livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may
have been declared to be free from liability under the provisions of the next following section;
(c) houses and other buildings (with the materials and the sites thereof and the land immediately
appurtenant thereto and necessary for their enjoyment) belonging to [37][an agriculturist or a labourer or a
domestic servant] and occupied by him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the government [38][or of a local authority or of any
other employer] or payable out of any service pension fund notified in the Official Gazette by the Central
Government or the State government in this behalf, and political pension;
(h) the wages of labourers and domestic servants, whether payable in money or in kind;
(i) salary to the extent of the first [39][four hundred rupees] and two third of the remainder] in execution of
any decree other than a decree for maintenance.
[40] [Provided that where any part of such portion of the salary as is liable to attachment has been under
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion
sail be exempt from attachment until the expiry of a further period of twelve months, and, where such
attachment has been made in execution of one and the same decree, shall, after the attachment has
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that
decree.]
[41] [(ia) one-third of the salary in execution of any decree for maintenance;]
[42][(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act,
1950 (46 of 1950), or the Navy Act (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from and fund to which the Provident funds Act,
1925, (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable
to attachment;
[43] [(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act,
1968 (23 of 1968) for the time being applies in so far as they are declared by the said Act as not to be liable
to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor;
(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in
force relating to control of rents and accommodation apply;]
(1) any allowance forming part of the emoluments of any servant of the Government or of any servant of a
railway company or local authority which the appropriate Government may by notification in the Official
Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to any such
servant while under suspension;
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution
of a decree; and
(p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property
which, under any law for the time being applicable to him, is exempt from sale for the recovery of an
arrears of such revenue.
[44] [Explanation I.? The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia),
(j), (1) and (o) are exempt from attachment or sale, whether before or after they are actually payable, and,
in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is
actually payable].
Explanation II.? [45][In clauses (1) and (ia)], "salary" means the total monthly emoluments, excluding any
allowance declared exempt from attachment under the provisions of clause (1) derived by a person from his
employment whether on duty or on leave].
Explanation [46][III]?In Clause (l), "appropriate Government" means?
(i) as respect any person in the service of the Central Government, or any servant of a Railway
Administration or of a cantonment authority or of the port authority of a major port, the Central
Government;
(ii) as respects any other [47][servant of the Government] or a servant of any other local authority skilled
the State Government.
[48][Explanation IV.?For the purposes of this proviso, "wages", includes bonus, and labourer" includes a
skilled/unskilled or semi-skilled labourer.
Explanation V.?For the purposes of this proviso, the expression "agriculturist" means a person who
cultivates land personally and who depends for his livelihood mainly on the income from agricultural land,
whether as owner, tenant, partner or agricultural labourer.
Explanation VI.?For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land
personally, if he cultivates land?
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in case or in kind (not being as a share of the produce), or
both.]
[49] (1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by
which a person agrees to waive the benefit on any exemption under this section shall be void.]
(2) Nothing in this section shall be deemed to exempt houses and other buildings (with the materials and
the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) from
attachment or sale in execution of decrees for rent of any such house, building, site or land.
STATE AMENDMENTS
Andhra Pradesh? In its application to Andhra area of the State of Andhra Pradesh in section 60(1) clause
(g) of the proviso after the words "pensioners of the Government" the words "or a local authority" shall be
inserted
[C.P.C. (Andhra Pradesh) (Andhra area) Amendment Act 1950]
In its application to whole of State of A.P. in proviso to sub-section (1) of section 60.
(i) after clause (k) the following shall be inserted.
"(kk) amount payable under policies issued in pursuance of the Rules for the Andhra Pradesh Govt. life
Insurance and Provident Fund".
(ii) after Explanation 2 insert the following:?
"Explanation 2A.? Where any sum payable to a Government servant is exempt from attachment under the
provisions of clause (kk), such sum shall remain exempt from attachment notwithstanding the fact that
owing to the death of the Govt. servant it is payable to same other person"
[Act No. XI of 1953 and Act No. X of 1962].
In its application to Hyderabad area of Andhra Pradesh:
(i) after clause (g) of the proviso to section 60 (1) insert the following:?
"(gg) pension granted or continued by the Central Govt. the Govt. of Hyderabad or any other State Govt. on
account of part services or present infirmities or as a compassionate allowance and."
(ii) In Explanation 2A, for the words brackets and letter "Clause (kk)" substitute "Clause (gg) or Clause
(kk)"
[A.P. Act No. XVIII of 1953].
In its application to the State of Andhra Pradesh:
(i) After clause (kk) of Section 60(1) proviso the following inserted:
"(kkk) amounts payable under the Andhra Pradesh State Employees Family Benefit Fund Rules."
(ii) For the words "(kk)', in Explanation 2A, the words "(kkk) inserted.(A.P. Act No. 24 of 1979).
Gujarat? (i) In section 60(1) after clause (g) insert the following.
"(gg) stipends and gratuities allowed to pensioners of a local authority".
(ii) Explanation 1, after the word "(g)" insert "(gg)".
[Bombay Act No. LX of 1948).
Himachal Pradesh? (i) In section 60 (1) at the end of Clause (c) insert the following.
"or compensation paid for such houses and buildings (including compensation for the materials and the
sites and the land referred to above) acquired for public purpose".
(ii) After clause (c), clause (cc) shall be inserted.
"(cc) Compensation paid for agricultural lands belonging to agriculturists and acquired for public purpose".
[C.P.C. (H.P. Amendment) Act 1956].
Karnataka? In section 60 (1) after clause (p) the following shall be inserted in its application to Karnataka
(except Bellary District).
"(pp) Where the judgment-debtor is a servant of the State Govt. who has insured his life under the rules in
force relating to the official branch of Karnataka Govt. Life Insurance Department:?
(1) in the case of insurance effected prior to the ninth day of may, 1911 the whole of the bonus payable or
paid thereunder to such servant, or in the event of his death to his nominee or other person or persons
entitled to such bonus under the said rules, and
(2) in the case of Insurance effected on or after the ninth day of May, 1911, and such insurance is
Compulsory premia payable or paid to such servant or in the event of his death to his nominee or other
person or persons entitled to such bonus under the said rules.
[C.P.C. (Mysore Amendment) Act, 1952].
Kerala? After clause (g) the following clause (gg) shall be inserted:?
"(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employee of the
Government of Kerala.
[Kerala Act 1 of 1988].
Maharashtra? (i) In section 60(1) after clause (g) of the proviso insert the following:?
"(gg) in the Hyderabad area of the State of Maharashtra any pension granted or continued by the Central
Govt. or the Govt. of the former State of Hyderabad or any other State Govt. on account of part services or
present infirmities or as a compassionate allowance which is not covered by clause (g)".
(ii) after clause (kb) insert the following:
"(kbb) the amounts payable under the policies issued in pursuance of the Rules for the Hyderabad State
Life Insurance and Provident Fund, which are not covered under clause (ka) or (kb)".
[Maharashtra Act No. LXV of 1977].
Punjab and Haryana? (i) In clause (c) of the proviso to section 60 (1) for the words "occupied by him"
substitute the following:?
"not proved by the decree holder to have been let out on rent or lent to persons other than his father mother,
wife, son, daughter, daughter in law, brother, sister or other dependents or left vacant for a period of a year
or more".
(ii) after clause (c) insert the following:?
"(cc) milch animals, whether in milk or in calf, animals used for the purposes of transport or draught cart
and open spaces or endorures belonging to an agriculturist and required for use in case of need for tying
cattle parking carts or stacking fodder or manure.
(ccc) one main residential house and other buildings attached to it (with the material and the sites there of
and the land immediately appurtenant there to and necessary for there enjoyment belonging to a judgment-
debtor other than an agriculturist and occupied by him:
Provided that the protection afforded by this clause shall not extend to any property specifically charged
with the debt sought to be recovered".
(iii) after sub-section (2) insert the following sub-sections.
"(3) Notwithstanding any other law for the time being in force an agreement by which a debtor agrees to
waive any benefit of any exemption under this section shall be void.
(4) For the purposes of this section the word `agriculturist' shall include every person whether as owner
tenant partner or agricultural labour who depends for his livelihood mainly on income from agricultural
land as defined in the Punjab Alienation of Land Act. 1910.
(5) Every member of a tribe notified as agricultural under the Punjab Alienation of Land Act, 1900 and
every member of a scheduled caste shall be presumed to be as agriculturist until the contrary is provided.
(6) No order for attachment shall be made unless the court is satisfied that the property sought to be
attached is not exempt from attachment or sale"
[Punjab Act No. VII of 1934, 12 of 1940, 6 of 1946 and 44 of 1960].
Rajasthan ? (i) In clause (b) of section 60 (1) after the word `Agriculturist' the words `his milch cattle and
those likely to calve within two years' shall be inserted.
(ii) after clause (k) of the proviso to section 60 (1) insert the following.
"(kk) moneys payable under life Insurance Certificates issued in pursuance of the Rajasthan Govt. Servants
Insurance Rules, 1953".
(iii) after Explanation 3 insert the following:
"Explanation 4.? Where any money payable to a Govt. servant of the state is exempt from attachment under
the provision contained in clause (kk), such money shall remain exempt from the attachment
notwithstanding the fact there owing to the death of a Govt. servant it is payable to some other person".
[Rajasthan Act No. 16 of 1957 and 19 of 1958].
Tamil Nadu? "Section 60 (1), clause (g) of the proviso after the words `stipends and gratuties allowed to
the pensioners of the Govt. insert the words "or of a local authority"
[C.P.C. (Madras Amendment) Act, 1950].
Union Territory of Chandigarh? Same as in Punjab and Haryana
[Act No. 31 of 1966].
Union Territory of Pundicherry? Same as in Tamil Nadu
[Act No. 26 of 1968].
Uttar Pradesh? In section 60(1) after Explanation 1 add the following:
"Explanation 1-A.? Particulars mentioned in clause (c) are exempt from sale in execution of a decree
whether passed before or after the commencement of the Code of Civil Procedure (United Provinces)
Amendment Act, 1948 for enforcement of a mortgage of charge thereon".
[U.P. Act No. 35 of 1948].
61. Partial exemption of agricultural produce? The State Government may, by general or special order
published in the Official Gazette, declare that such portion of agricultural produce, or of any class of
agricultural produce, as may appear to the State Government to be necessary for the purpose of providing
until the next harvest the due cultivation of the land and for the support of the judgment-debtor and his
family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to
attachment or sale in exaction of a decree.
62. Seizure of property in dwelling-house? (1) No person executing any process under this Code directing
or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy
of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing
any such process has duly gained access to any dwelling-house, he may break open the door of any room in
which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the
customs of the country, does not appear in public, the person executing the process shall give notice to such
woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving
her reasonable facility for widhrawing, he may enter such room for the purpose of seizing the property,
using at the same time every precaution, consistent with these provisions, to prevent its clandestine
removal.
63. Property attached in execution of decrees of several Courts? (1) Where property not in the custody of
any Court is under attachment in execution of decrees of more Courts than one, the Court which shall
receive or realize such property and shall determine any claim thereto any objection to the attachment
thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts,
the Court under whose decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of
such decrees.
[50] [Explanation.?For the purposes of sub-section (2), "proceeding taken by a Court" does not include an
order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set
off to the extent of the purchase price payable by him.]
64. Private alienation of property after attachment to be void? Where an attachment has been made, any
private transfer or delivery of the property attached or of any interest there in and any payment to the
judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against
all claims enforceable under the attachment.
Explanation?For the purposes of this section, claims enforceable under an attachment include claims for the
rateable distribution of assets.
Sale
65. Purchaser's title? Where immovable property is sold in execution of a decree and such sale has become
absolute, the property shall be deemed to have vested in the purchaser from the time when the property is
sold and not from the time when the sale becomes absolute.
66. [51][* * * *]
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of
money? (1) The State Government may, by notification in the Official Gazette, make rules for any local
area imposting conditions in respect of the sale of any class of interests in land in execution of decrees for
the payment of money, where such interests are so uncertain or undermined as, in the opinion of the State
Government to make it impossible to fix their value.
(2) When on the date on which this Code came into operation in any local area, any special rules as to sale
of and in execution of decrees were in force therein, the State Government may, by notification in the
Official Gazette, declare such rules to be in force, or may by a like notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules
so continued or modified.
[52] [(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the
State Legislature.]
Delegation to Collector of power to execute decrees against immovable property
68.?72. Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7.
Distribution of assests
73. Proceeds of execution-sale to be reateably distributed among decree-holders? (1) Where assests are held
by a Court and more persons than one have, before the receipt of such assests, made application to the
Court for the execution of decrees for the payment of money passed against the same judgment-debtor and
have not obtained satisfaction thereof, the assests, after deducting the costs of realization, shall be reteably
distributed among all such persons :
Provided as follows :?
(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be
entitled to share in any surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charges the
Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from
the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the
sale as he had in the property sold;
(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an
incumbrance thereon, the proceeds of sale shall be applied?
first, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the payment of money against the judgment debtor, who
have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for
execution of such decrees, and have not obtained satisfaction thereof.
(2) Where all or any of the assests liable to be rateably distributed under this section are paid to a person
not entitled to receive the same, any person so entitled may sue such person to compel him to refund the
assets.
(3) Nothing in this section affects any right of the Government.
Resistance to execution
74. Resistance to execution? Where the Court is satisfied that the holder of a decree for the possession of
immovable property or that the purchaser of immovable property sold in execution of a decree has been
resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his
behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of
the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil
prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser
be put into possession of the property.
PART III-INCIDENTAL PROCEEDINGS
Commissions
75. Power of court to issue commissions- Subject to such conditions and limitations as may be prescribed,
the court may issue a commission-
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
[53] [(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of
the Court pending the determination of the suit;
(g) to perform any ministerial act.]
76. Commission to another Court- (1) A commission for the examination of any person may be issued to
any Court (not being a High Court) situate in a State other than the State in which the Court of issue is
situate and having jurisdiction in the place in which the person to be examined resides.
(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall
examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly
executed, shall be returned together with the evidence taken under it to the Court from which it was issued,
unless the order for issuing the commission has otherwise directed, in which case the commission shall be
returned in terms of such order.
77. Letter of request- In lieu of issuing a commission the Court may issue a letter of request to examine a
witness residing at any place not within India.
78. Commissions issued by foreign Courts- Subject to such conditions and limitations as may be prescribed
the provisions as to the execution and return of commissions for the examination of witnesses shall apply to
commissions issue by or as the instance of-
(a) Courts situate in any part of India to which the provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India, or
(c) Courts of any State or country outside India.
PART IV-SUITS IN PARTICULAR CASES
Suits by or against the Government or public officers in their official capacity.
79. Suits by or against Government? In a suit by or against the Government, the authority to be named as
plaintiff or defendant, as the case may be, shall be?
(a) in the case of a suit by or against the Central Government, the Union of India, and
(b) in the case of a suit by or against a State Government, the State.
80. Notice? [54][(1)][55][Save as otherwise provided in sub-section (2), no suits shall be instituted against
the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in
respect of any act purporting to be done by such officer in his official capacity, until the expiration of two
months next after notice in writing has been delivered to, or left at the office of?
(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to
that Government;
(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of
that railway;
(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to
that Government or any other officer authorised by that Government in this behalf;
(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector
of the district;
and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the
name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall
contain a statement that such notice has been so delivered or left.
[56] [(2) A suit to obtain an urgent or immediate relief against the Government (including the Government
of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such
public officer in his official capacity, may be instituted, with the leave of the Court, without serving any
notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or
otherwise, except after giving to the Government or public officer, as the case may be, a reasonable
opportunity of showing cause in respect of the relief prayed for in the suit :
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief
need be granted in the suit, return the plaint for presentation to it after complying with the requirements of
sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to
be done by such public officer in his official capacity shall be dismissed merely by reason of any error or
defect in the notice referred to in sub-section (1), if in such notice?
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate
authority or the public officer to identify the person serving the notice and such notice had been delivered
or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
STATE AMENDMENTS
Madhya Pradesh ? (i) After sub-section (3) of Section 80 the following inserted:
"(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non
applicant or where the Court orders joinder of the State as defendant or non applicant in exercise of powers
under Rule 10(2) of order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the
plaintiff or applicant to issue notice under sub-section (1)".
(ii) In sub-section (1) of section 80 for the words "sub-section (2)" substitute "sub-section (2) or (4)".
[M.P. Act No. 29 of 1948].
81. Exemption from arrest and personal appearance? In a suit instituted against a public officer in respect of
any act purporting to be done by him in his official capacity?
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a
decree, and
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to
the public service, it shall exempt him from appearing in person.
82. Execution of decree? [57](1) Where, in a suit by or against the Government or by or against a public
officer in respect of any act purporting to be done him in his official capacity, a decree is passed against the
Union of India or a State or, as the case may be, the public officer, such decree shall not be executed except
in accordance with the provisions of sub-section(2)].
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three
months computed from the date of [58][such decree].
(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in
relation to a decree, if the order or award?
(a) is passed or made against the Union of India or a State or a public officer in respect of any such act as
aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this code or of any other law for the time being in
force as if it were a decree.
Suits by Alliens and by or against Foreign Rulers, Ambassadors and Envoys
83. When aliens may sue? Alien enemies residing in India with the permission of the Central Government,
and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India,
but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue
in any such court.
Explanation?Every person residing in a foreign country, the Government of which is at war with India and
carrying on business in that country without a licence in that behalf granted by the Central Government,
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
84. When foreign State may sue.? A foreign State may sue in any competent Court:
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in any
officer of such State in his public capacity.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers? (1) The
Central Government may, at the request of the Ruler of a foreign State or at the request of any person
competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any
persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be
deemed to be the recognized agents by whom appearances, acts and applications under this Code may be
made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of several
specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or
defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make appearances
and applications and do acts in any such suit or suits as if he were himself a party thereto.
86. Suits against foreign Rulers, Ambassadors and Envoys? (1) No.****[59] foreign State may be sued in
any Court otherwise competent to try the suit except with consent of the Central Government certified in
writing by a Secretary to that Government :
Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid
[60][a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to
all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court
in which [61][the foreign State] may be sued, but it shall to be given, unless it appears to the Central
Government that [62][the foreign State].
(a) has instituted a suit in the Court against the person desiring to sue [63][it], or
(b) [64][itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with reference to
such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to [65][it] by this section.
[66] [(3) Except with the consent of the Central Government, certified in writing by a Secretary to that
government, no decree shall be executed against the property of any foreign State.]
(4) The proceeding provisions of this section shall apply in relation to ?
[67] [(a) any Ruler of a foreign State;]
[68] [(aa)] any ambassador or Envoy of a foreign State ;
(b) any High Commissioner of a Commonwealth country; and
(c) any such member of the staff [69][of the foreign State or the staff or retinue of the Ambassador] or
Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central
Government may, by general or special order, specify in this behalf.
[70][as they apply in relation to a foreign State].
[71][(5) the following persons shall not be arrested under this Code, namely : ?
(a) any ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country;
(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or
Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central
Government may, by general or special order, specify in this behalf.
(6) Where a request is made to the Central Government for the grant of any consent referred to in sub-
section (1), the Central Government shall, before refusing to accede to the request in whole or in part, give
to the person making the request a reasonable opportunity of being heard.]
87. Style of foreign Rulers as parties to suits? The Ruler of a foreign State may sue, and shall be sued, in
the name of his State:
Provided that in giving the consent referred to in section 86, the Central Government may direct that the
Ruler may be sued in the name of an agent or in any other name.
87A. Definitions of "foreign State" and "Ruler" ? (1) In this Part,?
(a) "foreign State" means any State outside India which has been recognised by the Central Government;
and
(b) "Ruler", in relation to a foreign State, means the person who is for the time being recognized by the
Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact ?
(a) that a state has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a State.
Suits against Rulers of former Indian States
87B. Applications of sections 85 and 86 to Rulers of former Indian States.? (1) In the case of any suit by or
against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which
arose before the commencement of the Constitution or any proceedings arising out of such suit, the
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as
they apply in relation to the Ruler of a foreign State.
(2) In this section?
(a) "former Indian State" means any such Indian State as the Central Government may, by notification in
the Official Gazette, specify for the purposes of this;
(b) "commencement of the Constitution" means the 26th day of January, 1950; and
(c) "Ruler" in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution.RInterpleader
88. Where interpleader suit may be reinstituted? Where two or more persons claim adversely to one another
the same debts, sum of money or other property, movable or immovable, from another person, who claims
no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful
claimant such other person may institute a suit of interpleader against all the claimants for the purpose of
obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining
indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such
suit of interpleader shall be instituted.
PART V-SPECIAL PROCEEDINGS
Arbitration
89. [Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 and Sch. III
Special case
90. Power to state case for opinion of Court? Where any person agree in writing to state a case for the
opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
[72][Public nuisances and other wrongful acts affecting the public]
91. Public nuisances and other wrongful acts affecting the public.? [73][(1) in the case of a public nuisance
or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for
such other relief as may be appropriate in the circumstances of the case, may be instituted,?
(a) by the Advocate General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to
such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist
independently of its provisions.
92. Public charities? (1) In the case of any alleged breach of any express or constructive trust created for
public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary
for the administration of any such trust, the Advocate-General, or two or more persons having an interest in
the trust and having obtained the [74][leave of the Court] may institute a suit, whether contentious or not, in
the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State
Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the
trust is situate to obtain a decree?
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
(cc) directing a trustee who has bee removed or a person who has ceased to be a trustee, to deliver
possession of any trust property in his possession to the person entitled to the possession of such property;
(d) directing accounts and inquires;
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to any
particular object of the trust;
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;
(g) settling a scheme; or
(h) granting such further or other relief as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (20 of 1863) or by any corresponding law in
force in the territories which, immediately before the 1st November, 1956, were comprised in Part B States,
no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust
as is therein referred to except in conformity with provisions of that sub-section.
[75] [(3) The Court may alter the original purposes of an express or constructive trust created for public
purposes of a charitable or religious nature and allow the property or income of such trust or any portion
thereof to be applied cy press in one or more the following circumstances, namely:?
(a) where the original purposes of the trust, in whole or in part,?
(i) have been, as far as may be, fulfilled; or
(ii) cannot be carried out at all, or cannot be carried out according to the directions given in the instrument
creating the trust or, where there is no such instrument, according to the spirit of the trust;
(b) where the original purposes of the trust provide a use for a part only of the property available by virtue
of the trust; or
(c) where the property available by virtue of the trust and other property applicable for similar purposes can
be more effectively used in conjunction with, and to that end can suitably be made applicable to any other
purpose, regard being had to the spirit of the trust and its applicability to common purposes; or
(d) where the original purposes, in whole or in part, were laid down by reference to an area which then was,
but has since ceased to be, a unit for such purposes; or
(ii) ceased, as being useless or harmful to the community, or
(iii) ceased to be, in law, charitable, or
(iv) ceased in any other way to provide a suitable and effective method of using the property available by
virtue of the trust, regard being had to the spirit of the trust.]
STATE AMENDMENTS
Uttar Pradesh? After clause (b) of sub-section (1) of section 92 insert the following:
"(bb) for delivery of possession of any trust property against a person who has ceased to be trustee or has
been removed".
[U.P. Act No. 24 of 1954].
93. Exercise of powers of Advocate-General outside presidency-towns? The powers conferred by sections
91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of
the State Government, exercised also by the Collector or by such officer as the State Government may
appoint in this behalf.
PART VI-SUPPLEMENTAL PROCEEDINGS
94. Supplemental Proceedings? In order to prevent the ends of justice from being, defeated the
Court may, if it is to prescribed,?
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he
should not give security for his appearance, and if he fails to comply with any order for security
commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds? Where,
in any suit in which an arrest or attachment has been effected or a temporary injunction granted
under the last preceding section,?
(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or
probable grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against
the plaintiff by its order such amount, not exceeding one thousand rupees, as it deems a
reasonable compensation to the defendant for the [76][expense or injury (including injury to
reputation) caused to him];
Provided that a Court shall not award, under this section, an amount exceeding the limits of its
peculiar jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of
such arrest, attachment or injunction.
PART VII-APPEALS
Appeals from original decrees
96. Appeal from original decree? (1) Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed
by any Court exercising original jurisdiction the Court authorized to hear appeals from the
decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
[77] [(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Cause, when the amount or value of the subject-matter of the
original suit does not exceed three thousand rupees.]
97. Appeal from final decree where no appeal from preliminary decree? Where any party
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal
from such decree, he shall be precluded from dispating its correctness in any appeal with may be
preferred from the final decree.
98. Decision where appeal heard by two or more Judges? (1) Where an appeal is heard by a
Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such
Judges or of the majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is [78][composed of two or other even number
of Judges belonging to a Court consisting of more Judges than those constituting the Bench] and
the Judges composing the Bench differ in opinion on a point of law, they may state the point of
law upon which they differ and the appeal shall then be heard upon that point only by one or more
of the other Judges, and such point shall be decided according to the opinion of the majority (if
any) of the Judges who have heard the appeal including those who first heard it.
(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters
patent of any High Court.
99. No decree to be reversed or modified for error or irregularity not affecting merits or
jurisdiction? No decree shall be reversed or substantially varied, nor shall any case be remanded
in appeal on account of any misjoinder [79][or non-joinder] of parties or causes of action or any
error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or
the jurisdiction of the Court.
[80][Provided that nothing in this section shall apply to non-joinder of a necessary party.]
[81][99A. No order under section 47 to be refused or modified unless decision of the case is
prejudicially affected? Without prejudice to the generality of the provisions of section 99, no order
under section 47 shall be reversed or substantially varied, on account of any error, defect or
irregularity in any proceeding relating to such order, unless such error, defect or irregularity has
prejudicially affected the decision of the case.}
Appeals from appellate decrees
[82][100. Second appeal? (1) Save as otherwise expressly provided in the body of this Code or
by any other law for the time being in force, an appeal shall lie to the High Court from every
decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied
that the case involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the
substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it
shall formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the
hearing of the appeal, be allowed to argue that the case does not involve such question :
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of
the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law,
not formulated by it, if it is satisfied that the case involves such question.]
[83][100A. No further appeal in certain cases? Notwithstanding anything contained in any Letters
Patent for any High Court or in any other instrument having the force of law or in any other law for
the time being in force, where any appeal from an appellate decree or order is heard and decided
by a single Judge of a High Court, no further appeal shall lie from the judgment, decision or order
or such single Judge in such appeal or from any decree passed in such appeal.]
101. Second appeal on no other grounds? No second appeal shall lie except on the ground
mentioned in section 100.
102. No second appeal in certain suits? No second appeal shall lie in any suit of the nature
cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the
original suit does not exceed [84][three thousand rupees].
[85][103. Power of High Court to determine issues of fact? In any second appeal, the High Court
may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of
the appeal,?
(a) which has not been determined by the lower Appellate Court or both by the Court of first
instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts reason of a decision on such
question of law as is referred to in section 100.]
Appeals from orders
104. Orders from which appeal lies? (1) An appeal shall lie from the following orders, and save as
otherwise expressly provided in the body of this Code or by any law for the time being in force,
from no other orders:?
[Clauses (a) to (f) omitted]
(ff) an order under section 35A;
[86] [(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature
referred to in section 91 or section 92, as the case may be;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of an person except where such arrest or detention is in execution of a
decree;
(i) any order made under rules from which an appeal is expressly allowed by rules;
Provided that not appeal shall lie against any order specified in clause (ff) save on the ground that
no order, or an order for the payment of a less amount, ought to have been made.
(2) No appeal shall lie from any order passed in appeal under this section.
105. Other orders? (1) Save as otherwise expressly provided, no appeal shall lie from any order
made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is
appealed from, any error, defect or irregularity in any order, affecting the decision of the case,
may be set forth as ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order
of remand [87]***** from which an appeal lies does not appeal therefrom, he shall thereafter be
precluded from disputing its correctness.
106. What Courts to hear appeals? Where an appeal from any order is allowed it shall lie to the
Court to which an appeal would lie from the decree in the suit in which such order was made, or
where such order is made by a Court (not being a High Court) in the exercise of appellate
jurisdiction, then to the High Court.
General provisions relating to appeals
107. Powers of Appellate Court? (1) Subject to such conditions and limitations as may be
prescribed, an Appellate Court shall have power?
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as
nearly as may be the same duties as are conferred and imposed by this Code on Courts of
original jurisdiction in respect of suits instituted therein.
108. Procedure in appeals from appellate decrees and orders? The provisions of this Part relating
to appeals from original decree shall, so far as may be, apply to appeals?
(a) from appellate decrees, and
(b) from orders made under this Code or under any special or local law in which a different
procedure is not provided.
Appeals to the Supreme Court
109. When appeals lie to the Supreme Court? Subject to the provisions in Chapter IV of Part V of
the Constitution and such rules as may, from time to time, be made by the Supreme Court
regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal
shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a
High Court, if the High Court certifies?
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme
Court.
110. [Value of subject matters] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49
of 1973).
111. [Bar of certain appeals] Rep. by the A.O. 1950.
111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941).
112. Savings? (1) Nothing contained in this Code shall be deemed?
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the
Constitution, or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force, for the
presentation of appeals to that Court, or their conduct before that Court.
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts.
PART VIII-REFERENCE, REVIEW AND REVISION
113. Reference to High Court? Subject to such conditions and limitations as may be prescribed,
any Court may state a case and refer the same for the opinion of the High Court, and the High
Court may make such order thereon as it thinks fit :
Provided that where the Court is satisfied that a case pending before it involves a question as to
the validity of any Act, Ordinance or Regulation or of any provision contained in an Act,
Ordinance or Regulation, the determination of which is necessary for the disposal of the case,
and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but
has not been so declared by the High Court to which that Court is subordinate or by the Supreme
Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the
same for the opinion of the High Court.
Explanation.?In this section "Regulation" means any Regulation of the Bengal, Bombay or
Madras Code or Regulation as defined in the General Clauses Act, 1897, (10 of 1897) or in the
General Clauses Act of a State.
STATE AMENDMENTS
Andhra Pradesh? In the Explanation to section 113 after the words "any Regulation of the
Bengal, Bombay or Madras Code" insert the words "or any Regulation of the Madras Code in
force, in the State of Andhra as it existed immediately before the 1st Nov. 1956".
[Andhra Adoption of Laws (Amendment) orders of 1954 and 1957].
Tamilnadu? In the Explanation to section 113 after the words "any Regulation of the Bengal,
Bombay or Madras Code" insert the words "or any Regulation of the Madras Code in force in the
territories specified in Second Schedule to the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959"
[Madras Added Territories Adaptation of Laws Order, 1961].
Union Territory of Pondicherry? Some as in Tamil Nadu (Act No. 49 of 1962).
114. Review? Subject as aforesaid, any person considering himself aggrieved?
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of
judgment to the Court which passed the decree or made the order, and the Court may make such
order thereon as it thinks fit.
115. Revision? [88][(1)] The High Court may call for the record of an case which has been
decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if
such subordinate Court appears?
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit :
[89] [Provided that the High Court shall no, under this section, vary or reverse any order made, or
any order deciding an issue, in the course of a suit or other proceeding, except where?
(a) the order, if it had been made in favour of the party applying for revision, would have finally
disposed of the suit or other proceedings, or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made.]
[90] [(2) The High Court shall not, under this section, vary or reverse any decree or order against
which an appeal lies either to the High Court or to any Court subordinate thereto.
Explanation.?In this section, the expression "any case which has been decided" includes any
order made, or any order deciding an issue in the course of a suit or other proceeding.]
STATE AMENDMENTS
Madhya Pradesh? For Section 115 of the principal Act, the following Section substituted.
"115. Revision.? The High Court may call for the record of any cases which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto, and if such
subordinate Court appears?
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High
Court may make such order in the case as it thinks fit;
Provided that the High Court shall not, under this section, vary or reverse any order made or any
order deciding an issue, in the course of a suit or other proceedings except where:?
(a) the order, if it had been made in favour of the party applying for the revision, would have
finally disposed of the suit or proceeding; or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made.
(2) The High Court shall not, under this section, vary or reverse any decree or order against
which an appeal lies either to the High Court or to any court subordinate thereto.
Explanation.? In this section, the expression "any case which has been decided" includes any
order made, or any order deciding an issue in the course of a suit or other proceeding.
[M.P. Act 4 of 1994].
Orissa.? In its application to the State of Orissa, for section 115, substitute the following:?
"115. Revision.? The High Court, in cases arising out of original suits or other proceedings of the
value exceeding one lakh rupees, and the District Court, in any other case, including a case
arising out of an original suit or other proceedings instituted before the commencement of the
Code of Civil Procedure (Orissa Amendment) Act, 1991, may call for the record of any case
which has been decided by any Court subordinate to the High Court or the District Court, as the
case may be, and in which no appeal lies thereto, and if such subordinate Court appears?
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High
Court or the District Court, as the case may be, may make such order in the case as it thinks fit;
Provided that in respect of cases arising out of original suits or other proceedings of any valuation
decided by the District Court, the High Court alone shall be competent to make an order under
this section:
Provided further that the High Court or the District Court shall not, under this section, vary or
reverse any order, including an order deciding an issue, made in the course of a suit or other
proceedings, except where,?
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made.
Explanation.? In this section, the expression "any case which has been decided" includes any
order deciding an issue in the course of a suit or other proceeding."
[Orissa Act 26 of 1991].
Uttar Pradesh.? In its application to the State of Uttar Pradesh, for section 115, substitute the
following:?
"115 Revision.? The High Court, in cases arising out of original suits or other proceedings of the
value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the
High Court may from time to time fix, by notification published in the Official Gazette including
such suits or other proceedings instituted before the date of commencement of the U.P. Civil
Laws (Amendment) Act, 1991, or as the case may be, the date of commencement of such
notification and the District Court in any other case, including a case arising out of an original suit
or other proceedings instituted before such date, may call for the record of any case which has
been decided by any Court subordinate to such High Court or District Court, as the case may be,
and in which no appeal lies thereto, and if such subordinate Court appears?
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court or the District Court, as the case may be, may make such order in the case as it
thinks fit:
Provided that in respect of cases arising out of original suits or other proceedings of any
valuation, decided by the District Court, the High Court alone shall be competent to make an
order under this section:
Provided further that the High Court or the District Court shall not, under this section, vary or
reverse any order including an order deciding an issue, made in the course of a suit or other
proceeding, except where,?
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceeding; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made:
Provided also that where a proceeding of the nature in which the District Court may call for the
record and pass orders under this Section was pending immediately before the relevant date of
commencement referred to above, in the High Court, such Court shall proceed to dispose of the
same.
Explanation.? In this section, the expression "any case which has been decided" includes any
order deciding an issue in the course of a suit or other proceeding."
[U.P. Acts 31 of 1978 and 17 of 1991]
West Bengal? After Section 115 of the Code the following section 115A inserted:
"115A. District Court's powers of revision? (1) A District Court may exercise all or any of the
power which may be exercised by the High Court under section 115.
(2) Where any proceedings by way of revision is commenced before a District Court in pursuance
of the provision of sub-section (1), the provisions of section 115 shall, so for as may be, apply to
such proceeding and references to the said section 60 the High Court shall be construed as
reference to the District Court.
(3) Where any proceeding for revision is commenced before the District Court, the decision of the
District Court on such proceeding shall be final and no further proceeding by way of revision shall
be entertained by the High Court or any other Court.
(4) If any application for revision has been made by any party either to the High Court under
section 115 or to the District Court under this section, no further application by the same party
shall be entertained by the other of them.
(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court
under this section in respect of any proceeding which may be transferred to it by or under any
general or special order of the District Court"
[West Bengal Act No. 15 of 1988].
PART IX-SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE
COURT OF A JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts? This Part applies only to High Courts not being the
Court of a Judicial Commissioner.
117. Application of Code to High Court.? Save as provided in this Part or in Part X or in rules, the
provisions of this Court shall apply to such High Courts.
118. Execution of decree before ascertainment of costs? Where any such High Court considers it
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed
before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may
order that the decree shall be executed forthwith except as to so much thereof as relates to the
costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as
the amount of the costs shall be ascertained by taxation.
119. Unauthorized persons not to address Court? Nothing in this Code shall be deemed to
authorize any person on behalf of another to address the Court in the exercise of its original civil
jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the
power conferred by its charter authorized him so to do, or to interfere with the power of the High
Court to make rules concerning advocates, vakils and attorneys.
120. Provisions not applicable to High Court in original civil jurisdiction? (1) The following
provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely,
sections 16, 17 and 20.
PART X-RULES

121. Effect of rules in First Schedule? The rules in a First Schedule shall have effect as if enacted
in the body of this Code until annulted or altered in accordance with the provisions of this Part.
122. Power of certain High Courts to make rules? High Courts not being the Court of a Judicial
Commissioner may, from time to time after previous publication, make rules regulating their own
procedure and the procedure of the Civil Courts subjects to their superintendence, and may be
such rules annul, alter or add to all or any of the rules in the First Schedule.
123. Constitution of Rule Committees in certain States? (1) A committee to be called the Rule
Committee, shall be constituted at the town which is the usual place of sitting of each of the High
Courts referred to in section 122.
(2) Each such Committee shall consist of the following persons, namely?
(a) three Judges of the High Court established at the town at which such Committee is
constituted, one of whom at least has served as a District Judge or a Divisional Judge for three
years,
(b) two legal practitioners enrolled in that Court
(c) a Judge of a Civil Court subordinate to the High Court[91]*****
[92]***
(3) The members of each such Committee shall be appointed by the [93][High Court], which shall
also nominate one of their number to be President :
[94]***
(4) Each member of any such Committee shall hold office for such period as may be prescribed
by the [95][High Court] in this behalf; and whenever any member retires, resigns, dies or ceases
to reside in the State in which the Committee was constituted or becomes incapable of acting as
a member of the Committee, the said [96][High Court] may appoint another person to be a
member in his stead.
(5) There shall be a secretary to each such Committee who shall be appointed by the [97][High
Court] and shall receiver such remuneration as may be provided in this behalf by the State
Government.
STATE AMENDMENTS
Assam and Nagaland? Substitute the following for clause (a) sub-section (2) of section 123.
"(a) three judges of the High Court established at the town at which such committee is
constituted, provided that the Chief Justice may appoint only two judges of the High Court on the
Committee if the number of Judges of the High Court does not exceed three"
[Assam Act No. VIII of 1953].
Tamil Nadu? In section 123 sub-section (2).
(a) "In clause (b) for the words `two legal practitioners' substitute the words `three legal
practitioners'."
(b) "Omit the words `Madras' in clause (d)".
[Tamil Nadu Act No. 15 of 1970].
124. Committee to report to High Court.? Every Rule Committee shall make a report to the High
Court established at the town at which it is constituted on any proposal to annul, alter or add to
the rules in the First Schedule or to make new rules, and before making any rules under section
122 the High Court shall take such report into consideration.
125. Power of other High Courts to make rules? High Courts, other than the Courts specified in
section 122, may exercise the powers conferred by that section in such manner and subject to
such conditions as the State government may determine:
Provided that any such High Court may, after previous publication, make a rule extending within
the local limits of its jurisdiction any rules which have been made by any other High Court.
126. Rules to be subject to approval? Rules made under the foregoing provisions shall be subject
to the previous approval of the Government of the State in which the Court whose procedure the
rules regulate is situate or, if that Court is not situate in any State, to the previous approval of
Central Government.
127. Publication of rules? Rules so made and approved shall be published in the Official Gazette
and shall from the date of publication or from such other date as may be specified have the same
force and effect, within the local limits of the jurisdiction of the High Court which made them, as if
they had been contained in the First Schedule.
128. Matters for which rules may provide? (1) Such rules shall be not inconsistent with the
provisions in the body of this Code, but, subject thereto, may provide for any matters relating to
the procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the powers conferred by sub-section
(1), such rules may provide for all or any of the following matters, namely :?
(a) the service of summons, notices and other processes by post or in any other manner either
generally or in any specified areas, and the proof of such service;
(b) the maintenance and custody, while under attachment, of live-stock and other movable
property, the fees payable for such maintenance and custody, the sale of such live-stock and
property and the proceeds of such sale;
(c) procedure in suits by way of counterclaim and the valuation of such suits for the purposes of
jurisdiction;
(d) procedure in garnishee and charging order either in addition to, or in substitution for, the
attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or indemnity over against
any person whether a party tot he suit or not;
(f) summary procedure?
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money
payable by the defendant, with or without interest, arising?
on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature
of a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of a debt or a liquidated
demand only; or
on trust; or
(ii) in suits for the recovery of immovable property, with or without claim for rent or mesne profits,
by a landlord against a tenant whose term has expired or has been duly determined by notice to
quit, or has become liable to forfeiture for non- payment of rent, or against persons claiming
under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial,
quasi-judicial and non-judicial duties; and
(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the
transaction of the business of Civil Courts.
129. Power of High Court to make rules as to their original Civil Procedure? Notwithstanding
anything in this Code, any High Court not being the Court of a Judicial Commissioner may make
such rules not inconsistent with the Letters Patent or order or other law establishing it to regulate
its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing
herein contained shall affect the validity of any such rules in force at the commencement of this
Code.
130. Powers of other High Court to make rules as to matters other than procedure? A High Court
not being a High Court to which section 129 applies may, with the previous approval of the State
Government make with respect to any matter other than procedure any rule which a High Court
for a State might under article 227 of the Constitution make with respect to any such matter for
any part of the territories under its jurisdiction which is not included within the limits of a
presidency town.
131. Publication of rules? Rules made in accordance with section 129 or section 130 shall be
published in the Official Gazette and shall from the date of publication or from such other date as
may be specified have the force of law.
PART XI-MISCELLANEOUS
132. Exemption of certain women from personal appearance? (1)Women who, according to the
customs and manners of the country, ought not to be compelled to appear in public shall be
exempt from personal appearance in Court.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of
civil process in any case in which the arrest of women is not prohibited by this Code.
133. Exemption of other persons? (1)The following persons shall be entitled to exemption from
personal appearance in Court, namely?
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;
(vi) the Governors of States and the administrators of Union Territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairman of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87B applies.
[98]***
(3) Where any person claims the privilege of such exemption, and it is consequently necessary to
examine him by commission, he shall pay the costs of that commission, unless the party requiring
his evidence pays such costs.
134. Arrest other than in execution of decree? The provisions of sections 55, 57 and 59 shall
apply, so far as may be, to all persons arrested under this Code.
135. Exemption from arrest under civil process? (1) No Judge, Magistrate or other judicial officer
shall be liable to arrest under civil process while going to, presiding in, or returning from his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good
faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-agents and
recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from
arrest under civil process other than process issued by such tribunal for contempt of Court while
going to or attending such tribunal for the purpose of such matter, and while returning from such
tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest
under an order for immediate execution or where such judgment-debtor attends to show cause
why he should not be committed to person in execution of a decree.
135A. Exemption of members of legislative bodies from arrest and detention under civil process?
[99][(1) No person shall be liable to arrest or detention in prison under civil process?
(a) if he is a member of?
(i) either House of Parliament, or
(ii) the legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of
the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of?
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of?
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
Parliament or Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1), shall, subject the provisions, of the
said sub-section,be liable to re-arrest and to the further detention to which he would have been
liable if he had not been released under the provisions of sub-section (1).
136. Procedure where person to be arrested or property to be attached is outside district? (1)
Where an application is made that any person shall be arrested or that any property shall be
attached under any provision of this Code not relating to the execution of decrees, and such
person resides or such property is situate outside the local limits of the jurisdiction of the Court to
which the application is made, the Court may, in its discretion, issue a warrant of arrest or make
an order of attachment, and send to the District Court within the local limits of whose jurisdiction
such person or property reside or is situate a copy of the warrant or order, together with the
probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment
to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court
which issued or made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by
which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former
Court why he should not be sent to the later Court, or unless he furnishes sufficient security for
his appearance before the later Court or for satisfying any decree that may be passed against
him by that Court, in either of which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within
th local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort
William in Bengal or at Madras or at Bombay, the copy of the warrant of arrest or of the order of
attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the
Court of Small Causes of Calcutta, Madras or Bombay as the case may be, and that Court, on
receipt of the copy and amount, shall proceed as if it were the District Court.
137. Language of subordinate Courts? (1) The language which, on the commencement of this
Code, is the language of any Court subordinate to a High Court shall continue to be the language
of such subordinate Court until the State Government otherwise directs.
(2) The State Government may declare what shall be the language of any such Court and in what
character applications to and proceedings in such Court shall be written.
(3) Where this Court requires or allows anything other than the recording of evidence to be done
in writing in any such Court, such writing may be in English; but if any party or his pleader is
unacquainted with English a tanslation into the language of the Court shall, at his request, be
supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of
the costs of such translation.
STATE AMENDMENTS
Rajasthan? For sub-section (3) of section 137 substitute the following:
"(3) Wherever the code requires or allows anything other than the recording of evidence to be
done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the
international from of Indian numerals.
Provided that the court may in its decretion accept such writing in England on the undertaking of
the party filing such writing, to file a Hindi translation of the same, within such time as may be
granted by the Court and the opposite party shall have a copy of such writing in Hindi."
[Raj. Act No. 7 of 1983].
Uttar Pradesh? To section 137 (3) insert the following proviso:
"Provided that with effect from such date as the State Government in consultation with the High
Court may by notification in the Gazette appoint, the language of every judgment, decree or order
passed on made by such courts or classes of courts subordinate to the High Court and in such
classes of cases as may be specified shall only be Hindi in Devnagri Script with the international
form of Indian numerals".
(U.P. Act No. 17 of 1970).
138. Power of High Court to require evidence to be recorded in English? (1) The High Court may,
by notification in the Official Gazette, direct with respect to any Judge specified in the notification,
or falling under a description set forth therein, that evidence in cases in which an appeal is
allowed shall be taken down by him in the English language and in manner prescribed.
(2) Where a Judge is prevented by any sufficient reason from complying with a direction under
sub-section (1), he shall record the reason and cause the evidence to be taken down in writing
from his dictation in open Court.
STATE AMENDMENTS
Assam, Nagaland, Meghalaya, Tripura and Manipur? For section 138, substitute the following
section:?
"138. Power of High Court to require evidence to be record in English.? The High Court may, by
notification, in the Official Gazette, direct with respect to any Judge specified in the notification, or
falling under a description set forth therein that in cases in which an appeal is allowed, he shall
take down, or cause to be taken down, the evidence in the English language and in the form and
manner prescribed."
[Assam Act 2 of 1941, State of Nagaland Act 27 of 1962].
139. Oath on affidavit by whom to be administered? In the case of any affidavit under this Code?
(a) any Court or Magistrate, or
[100] [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally or
specially empowered in this behalf,
may administer the oath to the deponent.
STATE AMENDMENTS
Uttar Pradesh? (i) for clause (b) of section 139 substitute:
"(b) any person appointed in this behalf by a High Court or by a district court; or"
(ii) for clause (c) of section 139 substitute:
"(c) any person appointed in this behalf by such other court as the State Govt. may, by general or
special order, empower in this behalf."
[U.P. Act No. 11 of 1981].
140. Assessors in causes of salvage etc.? (1) In any admiralty or vice-admiralty cause of salvage,
towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction may,
if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in
such manner as it may direct or as may be prescribed , two competent assessors; and such
assessors shall attend and assist accordingly.
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the
parties as the Court may direct or as may be prescribed.
141. Miscellaneous proceedings? The procedure provided in this Code in regard to suit shall be
followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
[101][Explanation.?In this section, the expression "proceedings" includes proceedings under
Order IX, but does not include any proceeding under article 226 of the Constitution.]
142. Orders and notices to be in writing? All orders and notices served on or given to any person
under the provisions of this Code shall be in writing.
143. Postage? Postage, where chargeable on a notice, summons or letter issued under this Code
and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed
before the communications made :
Provided that the State Government may remit such postage, or fee, or both, or may prescribe a
scale of court-fees to be levied in lieu thereof.
144. Application for restitution? (1) Where and in so far as a decree or an order is [102][varied or
reversed in any appeal, revision or other proceedings or is set aside or modified in any suit
instituted for the purpose the Court which passed the decree or order] shall, on the application of
any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be
made as will, so far as may be, place the parties in the position which they would have occupied
but for such decree or order or [103][such part thereof as has been varied, reversed, set aside or
modified], and, for this purpose, the Court may make any orders, including orders for the refund
of costs and for the payment of interest, damages, compensation and mesne profits, which are
properly [104][consequential on such variation, reversal, setting aside or modification of the
decree or order.]
[105] [Explanation.?For the purposes of sub-section (1) the expression "Court which passed the
decree or order" shall be deemed to include,?
(a) where the decree or order has been varied or reversed in exercise of appellate or revisional
jurisdiction, the Court of first instance;
(b) where the decree or order has been set aside by a separate suit, the Court of first instance
which passed such decree or order;
(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to
execute, it, the Court which, if the suit wherein the decree or order was passed were instituted at
the time of making the application for restitution under this section, would have jurisdiction to try
such suit.]
(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which
could be obtained by application under sub-section (1).
STATE AMENDMENTS
Uttar Pradesh? Substitute the following for sub-section (1) of section 144 of the Code:
"(1) Where and in so far as a decree or an order is varied or reversed in appeal, revision or
otherwise, the Court of first instance shall, on the application of any party entitled to any benefit
by way of restitution or otherwise, cause such restitution to be made, as will, so for as may be,
place the parties in the position which they would have occupied but for such decree or order or
such part there of as has been varied or reversed; and for this purpose, the Court may make any
orders, including orders for the refused of costs and for the payment of interest, damages,
compensation and mesne profits, which are properly consequential on such variation or reversal".
[U.P. Act No. 24 of 1954].
145. Enforcement of liability of surety? Where any person [106][has furnished security or given a
guarantee]?
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person,
under an order of the Court in any suit or in any proceeding consequent thereon,
[107][the decree or order may be executed in the manner therein provided for the execution of
decree, namely :?
(i) if he has rendered himself personally liable, against him to that extent;
(ii) if he has furnished any property as security, by sale of such property to the extent of the
security;
(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses,
and such person shall, be deemed to be a party within the meaning of section 47 :]
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
STATE AMENDMENTS
Uttar Pradesh? Substitute the following for section 145;
"145. Where any person has become liable as surety or given any property as security:
(a) for the performance of any decree or any part there of, or
(b) for the restitution of any property taken in execution of any decree, or
(c) for the payment of any money or for the fulfilment of any condition imposed on any person,
under an order of the Court in any suit or in any proceeding Consequent there on,? the decree or
order may be executed in the manner herein provided for the execution of decrees:?
(i) if he has rendered himself personally liable, against him to that extent; and
(ii) if he has given any property as security, by sale of such property to the extent of the security;
such person shall, for the purposes of appeal, be deemed to be a party within the meaning of
section 47:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
Explanation:? For the purposes of this section a person entrusted by a Court with custody of any
property attached in execution of any decree or order shall be deemed to have become liable as
surety for the restitution of such property within the meaning of clause (b)."
[U.P. Act No. 24 of 1954].
146. 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.
147. Consent or agreement by persons under disability? In all suits to which any person under
disability is a party, any consent or agreement, as to any proceeding shall, if given or made with
the express leave of the Court by the next friend or guardian for the suit, have the same force and
effect as if such person, were under no disability and had given such consent or made such
agreement.
148. Enlargement of time? Where any period is fixed or granted by the Court for the doing of any
act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge
such period, even though the period originally fixed or granted may gave expired.
[108][148A. Right to lodge a caveat? (1) Where an application is expected to be made, or has
been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person
claiming a right to appear before the Court on the hearing of such application may lodge a caveat
in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has
been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by
registered post, acknowledgement due, on the person by whom the application has been or is
expected to be, made, under sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any
suit or proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the
caveator at the caveator's expense, with a copy of the application made by him and also with
copies of any paper or document which has been, or may be, filed by him in support of the
application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not reman in force
after the expiry of ninety days from the date on which it was lodged unless the application
referred to in sub-section (1) has been made before the expiry of the said period.]
149. Power to make up deficiency of court-fees? Where the whole or any part of any fee
prescribed for any document by the law for the time being in force relating to court-fees has not
been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is
payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment
the document, in respect of which such fee is payable, shall have the same force and effect as if
such fee had been paid in the first instance.
150. Transfer of business? Save as otherwise provide, where the business of any Court is
transferred to any other Court, the Court to which the business is so transferred shall have the
same powers and shall perform the same duties as those respectively conferred and imposed by
or under this Code upon the Court from which the business was so transferred.
151. Saving of inherent powers of Court? Nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the Court.
152. Amendment of judgments, decrees or orders? Clerical or arithmetical mistakes in judgments,
decrees or orders or errors arising therein from any accidental slip or omission may at any time
be corrected by the Court either of its own motion or on the application of any of the parties.
153. General power to amend? The Court may at any time and on such terms as to costs or
otherwise as it may think fit, amend any defect or error in any proceeding in a suit, and all
necessary amendments shall be made of the purpose of determining the real question or issue
raised by or depending on such proceeding.
[109][153A. Power to amend decree or order where appeal is summarily dismissed.? Where an
Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to
amend, under section 152, the decree or order appealed against may be exercised by the Court
which had passed the decree or order in the first instance, notwithstanding that the dismissal of
the appeal has the effect of confirming the decree or order, as the case may be, passed by the
Court of first instance.
153B. Place of trial to be deemed to be open Court? The place in which any Civil Court is held for
the purpose of trying any suit shall be deemed to be an open Court, to which the public generally
may have access so far as the same can conveniently contain them :
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or
trial of any particular case, that the public generally or any particular person, shall not have
access to, or be or remain in, the room or building used by Court.]
154. [Saving of present right of appeal]? Rep. by the Repealing and Amending Act, 1952 (48 of
1952), s. 2 and Sch. I.
155. [Amendment of certain Acts]? Rep. by the Repealing and Amending Act, 1952 (48 of 1952),
s. 2 and Sch. I.
156. [Repeals]? Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and
Sch. II.
157. Continuance of orders under repealed enactments.? Notifications published, declarations
and rules made, places appointed, agreements filed, scales prescribed, forms framed,
appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil
Procedure or any Act amending the same or under any other enactment hereby repealed shall,
so far as they are consistent with this Code, have the same force and effect is if they had been
respectively published, made, appointed, filed, prescribed, framed and conferred under this Code
and by the authority empowered thereby in such behalf.
158. Reference to Code of Civil Procedure and other repealed enactments.? In every enactment
or notification passed or issued before the commencement of this Code in which reference is
made to or to any Charter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act
amending the same or any other enactment hereby repealed, such reference shall, so far as may
be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or
rule.