ACT NO. 5 OF 1908 21st March, 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 CPC Short title, commencement and extent
5 CPC Application of the Code to Revenue Courts
7 CPC Provincial Small Cause Courts
8 CPC Presidency Small Cause Courts
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PART I SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
9 CPC Courts to try all civil suits unless barred
13 CPC When foreign judgment not conclusive
14 CPC Presumption as to foreign judgments
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PLACE OF SUING
15 CPC Court in which suits to be instituted
16 CPC Suits to be instituted where subject-matter situate
17 CPC Suits for immovable property situate within jurisdiction of different Courts
18 CPC Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
19 CPC Suits for compensation for wrongs to person or movables
20 CPC Other suits to be instituted where defendants reside or cause of action arises
21 CPC Objections to jurisdiction
21A CPC Bar on suit to set aside decree on objection as to place of suing
22 CPC Power to transfer suits which may be instituted in more than one Court
23 CPC To what Court application lies
24 CPC General power of transfer and withdrawal
25 CPC Power of Supreme Court to transfer suits, etc
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SUMMONS AND DISCOVERY
28 CPC Service of summons where defendant resides in another State
29 CPC Service of foreign summonses
30 CPC Power to order discovery and the like
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JUDGMENT AND DECREE
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INTEREST
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COSTS
35A CPC Compensatory costs in respect of false or vexatious claims or defences
35B CPC Costs for causing delay
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PART II EXECUTION
GENERAL
37 CPC Definition of Court which passed a decree
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COURTS BY WHICH DECREES MAY BE EXECUTED
38 CPC Court by which decree may be executed
40 CPC Transfer of decree to Court in another State
41 CPC Result of execution proceedings to be certified
42 CPC Powers of Court in executing transferred decree
43 CPC Execution of decrees passed by Civil Courts in places to which this Code does not extend
44 CPC Execution of decrees passed by Revenue Courts in places to which this Code does not extend
44a CPC Execution of decrees passed by Courts in reciprocating territory
45 CPC Execution of decrees outside India
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QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47 CPC Questions to be determined by the Court executing decree
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LIMIT OF TIME FOR EXECUTION
48. Execution barred in certain cases. Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964).
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TRANSFEREES AND LEGAL REPRESENTATIVES
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PROCEDURE IN EXECUTION
51 CPC Powers of Court to enforce execution
52 CPC Enforcement of decree against legal representative
53 CPC Liability of ancestral property
54 CPC Partition of estate or separation of share
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ARREST AND DETENTION
56 CPC Prohibition of arrest or detention of women in execution of decree for money
59 CPC Release on ground of illness
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ATTACHMENT
60 CPC Property liable to attachment and sale in execution of decree
61 CPC Partial exemption of agricultural produce
62 CPC Seizure of property in dwelling-house
63 CPC Property attached in execution of decrees of several Courts
64 CPC Private alienation of property after attachment to be void
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S A L E
66 CPC repealed by Act 45 of 1988. s. 7 (w.e.f. 19-5-1988).
68 CPC Power to prescribe rules for transferring to Collector execution of
certain decrees. Omitted by the Code of Civil Procedure (Amendment) Act, 1956
(66 of 1956), s. 7.
69 CPC Provisions of Third Schedule to apply. Omitted by s. 7, ibid.
70 CPC Rule of Procedure. Omitted by s. 7, ibid.
71 CPC Collector deemed to be acting judicially. Omitted by s. 7 ibid.
72CPC Where Court may authorize Collector to stay public sale of land. Omitted
by s. 7, ibid.
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DISTRIBUTION OF ASSETS
73 CPC Proceeds of execution sale to be rateably distributed among decree-holders
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RESISTANCE TO EXECUTION
74 CPC Resistance to execution
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PART III INCIDENTAL PROCEEDINGS
COMMISSIONS
75 CPC Power of Court to issue commissions
76 CPC Commission to another Court
78 CPC Commissions issued by foreign Courts
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PART IV SUITS IN PARTICULAR CASES
79 CPC Suits by or against Government
81 CPC Exemption from arrest and personal appearance
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SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
84 CPC When foreign States may sue
85 CPC Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
86 CPC Suits against foreign Rulers, Ambassadors and Envoys
87 CPC Style of foreign Rulers as parties to suits
87A CPC Definitions of Foreign State and Rulers
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SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B CPC Applications of sections 85 and 86 to Rulers of former Indian States
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INTERPLEADER
88 CPC Where inter pleader-suit may be instituted
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PART V SPECIAL PROCEEDINGS
ARBITRATION
89 CPC Settlement of disputes outside the Court
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SPECIAL CASE
90 CPC Power to state case for opinion of Court
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PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91 CPC Public nuisances and other wrongful acts affecting the public
93 CPC Exercise of powers of Advocate-General outside presidency-towns
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PART VI SUPPLEMENTAL PROCEEDINGS
94 CPC Supplemental proceedings
95 CPC Compensation for obtaining arrest, attachment or injunction on insufficient grounds
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PART VII APPEALS
APPEALS FROM ORIGINAL DECREES
96 CPC Appeal from original decree
97 CPC Appeal from final decree where no appeal from preliminary decree
98 CPC Decision where appeal heard by two or more Judges
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APPEALS FROM APPELLATE DECREES
100A CPC No further appeal in certain cases
101 CPC Second appeal on no other grounds
102 CPC No second appeal in certain cases
103 CPC Power of High Court to determine issue of fact
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APPEALS FROM ORDERS
104 CPC Orders from which appeal lies
106 CPC What Courts to hear appeals
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GENERAL PROVISIONS RELATING TO APPEALS
107 CPC Powers of Appellate Court
108 CPC Procedure in appeals from appellate decrees and orders
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APPEALS TO THE SUPREME COURT
109 CPC When appeals lie to the Supreme Court
110. Value of subject-matter. Omitted by the Code of civil Procedure (Amendment)
Act, 1973 (49 of 1973, s. 3
111. Bar of certain appeals. omitted by the A.O. 1950.
111A. Appeals to Federal Court Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2
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PART VIII REFERENCE, REVIEW AND REVISION
113 CPC Reference to High Court
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PART IX SPECIAL PROVISIONS RELATING TO THE HIGH COURTS
NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
116 CPC Part to apply only to certain High Courts
117 CPC Application of Code to High Courts
118 CPC Execution of decree before ascertainment of costs
119 CPC Unauthorized persons not to address Court
120 CPC Provisions not applicable to High Court in original civil jurisdiction
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PART X RULES
121 CPC Effect of rules in First Schedule
122 CPC Power of certain High Courts to make rules
123 CPC Constitution of Rules Committees in certain States
124 CPC Committee to report to High Court
125 CPC Power of other High Courts to make rules
126 CPC Rules to be subject to approval
128 CPC Matters for which rules may provide
129 CPC Power of High Courts to make rules as to their original Civil procedure
130 CPC Powers of other High Courts to make rules as to matters other than procedure
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PART XI MISCELLANEOUS
132 CPC Exemption of certain women from personal appearance
133 CPC Exemption of other persons
134 CPC Arrest other than in execution of decree
135 CPC Exemption from arrest under civil process
135a CPC Exemption of members of legislative bodies from arrest and detention under civil process
136 CPC Procedure where person to be arrested or property to be attached is outside district
137 CPC Language of subordinate Courts
138 CPC Power of High Court to require evidence to be recorded in English
139 CPC Oath on affidavit by whom to be administered
140 CPC Assessors in causes of salvage, etc
141 CPC Miscellaneous proceedings
142 CPC Orders and notices to be in writing
144 CPC Application for restitution
145 CPC Enforcement of liability of surety
146 CPC Proceedings by or against representatives
147 CPC Consent or agreement by persons under disability
148A CPC Right to lodge a caveat
149 CPC Power to make up deficiency of court-fees
151 CPC Saving of inherent powers of Court
152 CPC Amendment of judgments, decrees or orders
153 CPC General power to amend
153A CPC Power to amend decree or order where appeal is summarily dismissed
153B CPC Place of trial to be deemed to be open Court
154. Saving of present right of appeal. Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and the First Schedule.
155. Amendment of certain Acts. Rep. by s. 2 and the First Schedule, ibid.
156. Repeals. Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second Schedule.
157 CPC Continuance of orders under repealed enactments
158 CPC Reference to Code of Civil Procedure and other repealed enactments
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THE FIRST SCHEDULE
ORDER I Parties to Suits
Order I Rule 1 CPC Who may be joined as plaintiffs
Order I Rule 2 CPC Power of Court to order separate trial
Order I Rule 3 CPC Who may be joined as defendants
Order I Rule 4 CPC Court may give judgment for or against one or more of joint parties
Order I Rule 5 CPC Defendant need not be interested in all the relief claimed
Order I Rule 6 CPC Joinder of parties liable on same contract
Order I Rule 7 CPC When plaintiff in doubt from whom redress is to be sought
Order I Rule 8 CPC One person may sue or defend on behalf of all in same interest
Order I Rule 9 CPC Misjoinder and nonjoinder
Order I Rule 10 CPC Suit in name of wrong plaintiff
Order I Rule 10A CPC Power of Court to request any pleader to address it
Order I Rule 11 CPC Conduct of suit
Order I Rule 12 CPC Appearance of one of several plaintiffs or defendants for others
Order I Rule 13 CPC Objections as to non-joinder or misjoinder
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ORDER II Frame of Suit
Order II Rule 1 CPC Frame of suit
Order II Rule 2 CPC Suit to include the whole claim
Order II Rule 3 CPC Joinder of causes of action
Order II Rule 4 CPC Only certain claims to be joined for recovery of immovable property
Order II Rule 5 CPC Claims by or against executor, administrator or heir
Order II Rule 6 CPC Power of Court to order separate trials
Order II Rule 7 CPC Objections as to misjoinder
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ORDER III Recognized Agents and Pleaders
Order III Rule 1 CPC Appearances, etc., may be in person, by recognized agent or by pleader
Order III Rule 2 CPC Recognized agents
Order III Rule 3 CPC Service of process on recognized agent
Order III Rule 4 CPC Appointment of pleader
Order III Rule 5 CPC Service of process on pleader
Order III Rule 6 CPC Agent to accept service
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ORDER IV Institution of suits
Order IV Rule 1 CPC Suit to be commenced by plaint
Order IV Rule 2 CPC Register of suits
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ORDER V Issue and service of summons
Issue of Summons
Order V Rule 2 CPC Copy of plaint annexed to summons
Order V Rule 3 CPC Court may order defendant or plaintiff to appear in person
Order V Rule 4 CPC No party to be ordered to appear in person unless resident within certain limits
Order V Rule 5 CPC Summons to be either to settle issues or for final disposal
Order V Rule 6 CPC Fixing day for appearance of defendant
Order V Rule 7 CPC Summons to order defendant to produce documents relied on by him
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Service of Summons
Order V Rule 9 CPC Delivery of summons by Court
Order V Rule 9a CPC Summons given to the plaintiff for service
Order V Rule 10 CPC Mode of service
Order V Rule 11 CPC Service on several defendants
Order V Rule 12 CPC Service to be on defendant in person when practicable, or on
his agent
Order V Rule 13 CPC Service on agent by whom defendant carries on business
Order V Rule 14 CPC Service on agent in charge in suits for immovable property
Order V Rule 15 CPC Where service may be on an adult member of defendant's family
Order V Rule 16 CPC Person served to sign acknowledgement
Order V Rule 17 CPC Procedure when defendant refuses to accept service, or cannot be found
Order V Rule 18 CPC Endorsement of time and manner of service
Order V Rule 19 CPC Examination of serving officer
Order V Rule 20 CPC Substituted service
Order V Rule 21 CPC Service of summons where defendant resides within jurisdiction of another Court
Order V Rule 22 CPC Service within presidency towns of summons issued by Courts outside
Order V Rule 23 CPC Duty of Court to which summons is sent
Order V Rule 24 CPC Service on defendant in prison
Order V Rule 25 CPC Service where defendant resides out of India and has no agent
Order V Rule 26 CPC Service in foreign territory through Political Agent or Court
Order V Rule 26A CPC Summonses to be sent to officers to foreign countries
Order V Rule 28 CPC Service on soldiers, sailors or airmen
Order V Rule 29 CPC Duty of person to whom summons is delivered or sent for service
Order V Rule 30 CPC Substitution of letter for summons
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ORDER VI Pleadings generally
Order VI Rule 2 CPC Pleading to state material facts and not evidence
Order VI Rule 3 CPC Forms of pleading
Order VI Rule 3A CPC Forms of pleading in Commercial Courts
Order VI Rule 4 CPC Particulars to be given where necessary
Order VI Rule 6 CPC Condition precedent
Order VI Rule 8 CPC Denial of contract
Order VI Rule 9 CPC Effect of document to be stated
Order VI Rule 10 CPC Malice, knowledge, etc
Order VI Rule 12 CPC Implied contract, or relation
Order VI Rule 13 CPC Presumptions of law
Order VI Rule 14 CPC Pleading to be signed
Order VI Rule 14A CPC Address for service of notice
Order VI Rule 15 CPC Verification of pleadings
Order VI Rule 15A CPC Verification of pleadings in a commercial dispute
Order VI Rule 16 CPC Striking out pleadings
Order VI Rule 17 CPC Amendment of pleadings
Order VI Rule 18 CPC Failure to amend after Order
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ORDER VII Plaint
Order VII Rule 1 CPC Particulars to be contained in plaint
Order VII Rule 2 CPC In money suits
Order VII Rule 2A CPC Where interest is sought in the suit
Order VII Rule 3 CPC Where the subject-matter of the suit is immovable property
Order VII Rule 4 CPC When plaintiff sues as representative
Order VII Rule 5 CPC Defendants interest and liability to be shown
Order VII Rule 6 CPC Grounds of exemption from limitation law
Order VII Rule 7 CPC Relief to be specifically stated
Order VII Rule 8 CPC Relief founded on separate grounds
Order VII Rule 9 CPC Procedure on admitting plaint
Order VII Rule 10 CPC Return of plaint
Order VII Rule 10B CPC Power of appellate Court to transfer suit to the proper Court
Order VII Rule 11 CPC Rejection of plaint
Order VII Rule 12 CPC Procedure on rejecting plaint
Order VII Rule 13 CPC Where rejection of plaint does not preclude presentation of fresh plaint
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Documents relied on in plaint
Order VII Rule 14 CPC Production of document on which plaintiff sues or relies
15. Statement in case of documents not in plaintiff possession or powers omitted by Act 46 of 1999 s. 17 (w.e.f. 1-7-2002).
Order VII Rule 16 CPC Suits on lost negotiable instruments
Order VII Rule 17 CPC Production of shop-book
Order VIII Rule 1 CPC Written Statement
Order VIII Rule 2 CPC New facts must be specially pleaded
Order VIII Rule 3 CPC Denial to be specific
Order VIII Rule 4 CPC Evasive-denial
Order VIII Rule 5 CPC Specific denial
Order VIII Rule 6 CPC Particulars of set-off to be given in written statement
Order VIII Rule 6A CPC Counter-claim by defendant
Order VIII Rule 6B CPC Counter-claim to be stated
Order VIII Rule 6C CPC Exclusion of counter-claim
Order VIII Rule 6D CPC Effect of discontinuance of suit
Order VIII Rule 6E CPC Default of plaintiff to reply to counter-claim
Order VIII Rule 6F CPC Relief to defendant where counter-claim succeeds
Order VIII Rule 6 G CPC Rules relating to written statement to apply
Order VIII Rule 7 CPC Defence or set-off founded upon separate grounds
Order VIII Rule 8 CPC New ground of defence
Order VIII Rule 9 CPC Subsequent pleadings
Order VIII Rule 10 CPC Procedure when party fails to present written statement called for by Court
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ORDER IX Appearance of Parties and Consequence of Non-appearance
Order IX Rule 1 CPC Parties to appear on day fixed in summons for defendant to appear and answer
Order IX Rule 3 CPC Where neither party appears suit to be dismissed
Order IX Rule 4 CPC Plaintiff may bring fresh suit or Court may restore suit to file
Order IX Rule 6 CPC Procedure when only plaintiff appears
Order IX Rule 8 CPC Procedure where defendant only appears
Order IX Rule 9 CPC Decree against plaintiff by default bars fresh suit
Order IX Rule 10 CPC Procedure in case of non-attendance of one or more of several plaintiffs
Order IX Rule 11 CPC Procedure in case of non-attendance of one or more of several defendants
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Setting aside Decrees ex parte
Order IX Rule 13 CPC Setting aside decree ex parte against defendant
Order IX Rule 14 CPC No decree to be set aside without notice to opposite party
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ORDER X Examination of Parties by the Court
Order X Rule 1 CPC Ascertainment whether allegations in pleadings are admitted or denied
Order X Rule 1A CPC Direction of the court to opt for any one mode of alternative dispute resolution
Order X Rule 1B CPC Appearance before the conciliatory forum or authority
Order X Rule 1C CPC Appearance before the court consequent to the failure of efforts of conciliation
Order X Rule 2 CPC Oral examination of party, or companion of party
Order X Rule 3 CPC Substance of examination to be written
Order X Rule 4 CPC Consequence of refusal or inability of pleader to answer
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ORDER XI Discovery and Inspection
Order XI Rule 1 CPC Discovery by interrogatories
Order XI Rule 2 CPC Particular interrogatories to be submitted
Order XI Rule 3 CPC Costs of interrogatories
Order XI Rule 4 CPC Form of interrogatories
Order XI Rule 5 CPC Corporations
Order XI Rule 6 CPC Objections to interrogatories by answer
Order XI Rule 7 CPC Setting aside and striking out interrogatories
Order XI Rule 8 CPC Affidavit in answer, filing
Order XI Rule 9 CPC Form of affidavit in answer
Order XI Rule 10 CPC No exception to be taken
Order XI Rule 11 CPC Order to answer or answer further
Order XI Rule 12 CPC Application for discovery of documents
Order XI Rule 13 CPC Affidavit of documents
Order XI Rules 14 CPC Production of documents
Order XI Rule 15 CPC Inspection of documents referred to in pleadings or affidavits
Order XI Rule 16 CPC Notice to produce
Order XI Rule 17 CPC Time for inspection when notice given
Order XI Rule 18 CPC Order for inspection
Order XI Rule 19 CPC Verified copies
Order XI Rule 20 CPC Premature discovery
Order XI Rule 21 CPC Non-compliance with order for discovery
Order XI Rule 22 CPC Using answer to interrogatories at trial
Order XI Rule 23 CPC Order to apply to minors
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ORDER XI Disclosure, discovery and inspection of documents in suits before the Commercial Division of a High Court or a Commercial Court
Order XI Rule 1 CPC Disclosure and discovery of documents
Order XI Rule 2 CPC Discovery by interrogatories
Order XI Rule 3 CPC Inspection
Order XI Rule 4 CPC Admission and denial of documents
Order XI Rule 5 CPC Production of documents
Order XI Rule 6 CPC Electronic records
Order XI Rule 7 CPC Certain provisions of the Code of Civil Procedure, 1908 not to apply
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ORDER XII Admissions
Order XII Rule 1 CPC Notice of admission of case
Order XII Rule 2 CPC Notice to admit documents
Order XII Rule 3 CPC Form of notice
Order XII Rule 3A CPC Power of Court to record admission
Order XII Rule 4 CPC Notice to admit acts
Order XII Rule 5 CPC Form of admissions
Order XII Rule 6 CPC Judgment on admissions
Order XII Rule 7 CPC Affidavit of signature
Order XII Rule 8 CPC Notice to produce documents
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ORDER XIII Production, Impounding and Return of Documents
Order XIII Rule 1 CPC Original documents to be produced at or before the settlement of issues
Order XIII Rule 3 CPC Rejection of irrelevant or inadmissible documents
Order XIII Rule 4 CPC Endorsements on documents admitted in evidence
Order XIII Rule 5 CPC Endorsements on copies of admitted entries in books, accounts and records
Order XIII Rule 6 CPC Endorsements on documents rejected an inadmissible in evidence
Order XIII Rule 7 CPC Recording of admitted and return of rejected documents
Order XIII Rule 8 CPC Court may order any document to be impounded
Order XIII Rule 9 CPC Return of admitted documents
Order XIII Rule 10 CPC Court may send for papers from its own records or from other Courts
Order XIII Rule 11 CPC Provisions as to documents applied to material objects
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ORDER XIII-A Summary Judgment
Order XIIIA Rule 1 CPC Scope of and classes of suits to which this Order applies
Order XIIIA Rule 2 CPC Stage for application for summary judgment
Order XIIIA Rule 3 CPC Grounds for summary judgment
Order XIIIA Rule 4 CPC Procedure
Order XIIIA Rule 5 CPC Evidence for hearing of summary judgment
Order XIIIA Rule 6 CPC Orders that may be made by Court
Order XIIIA Rule 7 CPC Conditional order
Order XIIIA Rule 8 CPC Power to impose costs
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ORDER XIV Settlement of issues and determination of suit on issues of law or on issues agreed upon
Order XIV Rule 1 CPC Framing of issues
Order XIV Rule 2 CPC Court to pronounce judgment on all issues
Order XIV Rule 3 CPC Materials from which issues may be framed
Order XIV Rule 4 CPC Court may examine witnesses or documents before framing issues
Order XIV Rule 5 CPC Power to amend and strike out, issues
Order XIV Rule 6 CPC Questions of fact or law may by agreement be stated in form of issues
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ORDER XV Disposal of the Suit at the first hearing
Order XV Rule 1 CPC Parties not at issue
Order XV Rule 2 CPC One of several defendants not at issue
Order XV Rule 3 CPC Parties at issue
Order XV Rule 4 CPC Failure to produce evidence
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ORDER XV-A Case Management Hearing
Order XVA Rule 1 CPC First Case Management Hearing
Order XVA Rule 2 CPC Orders to be passed in a Case Management Hearing
Order XVA Rule 3 CPC Time limit for the completion of a trial
Order XVA Rule 4 CPC Recording of oral evidence on a day-to-day basis
Order XVA Rule 5 CPC Case Management Hearings during a trial
Order XVA Rule 6 CPC Powers of the Court in a Case Management Hearing
Order XVA Rule 7 CPC Adjournment of Case Management Hearing
Order DVA Rule 8 CPC Consequences of non-compliance with orders
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ORDER XVI Summoning and attendance of witnesses
Order XVI Rule 1 CPC List of witnesses and summons to witnesses
Order XVI Rule 1A CPC Production of witnesses without summons
Order XVI Rule 2 CPC Expenses of witness to be paid into Court on applying for summons
Order XVI Rule 3 CPC Tender of expenses to witness
Order XVI Rule 4 CPC Procedure where insufficient sum paid in
Order XVI Rule 5 CPC Time, place and purpose of attendance to be specified in summons
Order XVI Rule 6 CPC Summons to produce document
Order XVI Rule 7 CPC Power to require persons present in Court to give evidence or produce document
Order XVI Rule 7A CPC Summons given to the party for service
Order XVI Rule 8 CPC Summons how served
Order XVI Rule 9 CPC Time for serving summons
Order XVI Rule 10 CPC Procedure where witness fails to comply with summons
Order XVI Rule 11 CPC If witness appears, attachment may be withdrawn
Order XVI Rule 12 CPC Procedure if witness fails to appear
Order XVI Rule 13 CPC Mode of attachment
Order XVI Rule 14 CPC Court may of its own accord summon as witnesses strangers to suit
Order XVI Rule 15 CPC Duty of persons summoned to give evidence or produce document
Order XVI Rule 16 CPC When they may depart
Order XVI Rule 17 CPC Application of rules 10 to 13
Order XVI Rule 18 CPC Procedure where witness apprehended cannot give evidence or produce document
Order XVI Rule 20 CPC Consequence of refusal of party to give evidence when called on by Court
Order XVI Rule 21 CPC Rules as to witnesses to apply to parties summoned
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ORDER XVIA Attendance of witnesses confined or detained in prisons
Order XVI-A Rule 1 CPC Definitions
Order XVI-A Rule 2 CPC Power to require attendance of prisoners to give evidence
Order XVI-A Rule 3 CPC Expenses to be paid into Court
Order XVI-A Rule 6 CPC Prisoner to be brought to Court in custody
Order XVI-A Rule 7 CPC Power to issue commission for examination of witness in prison
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ORDER XVII Adjournments
Order XVII Rule 1 CPC Court may grant time and adjourn hearing
Order XVII Rule 2 CPC Procedure if parties fail to appear on day fixed
Order XVII Rule 3 CPC Court may proceed notwithstanding either party fails to produce evidence, etc
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ORDER XVIII Hearing of the suit and examination of witnesses
Order XVIII Rule 1 CPC Right to begin
Order XVIII Rule 2 CPC Statement and production of evidence
Order XVIII Rule 3 CPC Evidence where several issues
Order XVIII Rule 3A CPC Party to appear before other witnesses
Order XVIII Rule 4 CPC Recording of evidence
Order XVIII Rule 5 CPC How evidence shall be taken in appealable cases
Order XVIII Rule 6 CPC When deposition to be interpreted
Order XVIII Rule 7 CPC Evidence under section 138
Order XVIII Rule 8 CPC Memorandum when evidence not taken down by Judge
Order XVIII Rule 9 CPC When evidence may be taken in English
Order XVIII Rule 10 CPC Any particular question and answer may be taken down
Order XVIII Rule 11 CPC Questions objected to and allowed by Court
Order XVIII Rule 12 CPC Remarks on demeanour of witnesses
Order XVIII Rule 13 CPC Memorandum of evidence in un appealable cases
14. Judge unable to make such memorandum to record reasons of his inability. Omitted by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 69 (w.e.f. 1-2-1977).
Order XVIII Rule 15 CPC Power to deal with evidence taken before another Judge
Order XVIII Rule 16 CPC Power to examine witness immediately
Order XVIII Rule 17 CPC Court may recall and examine witness
17A. Production of evidence not previously known or which could not be produced despite due diligence. Omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 27 (w.e.f. 1-7-2002).
Order XVIII Rule 18 CPC Power of Court to inspect
Order XVIII Rule 19 CPC Power to get statements recorded on commission
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ORDER XIX Affidavits
Order XVIII Rule 1 CPC Power to order any point to be proved by affidavit
Order XVIII Rule 2 CPC Power to order attendance of deponent for cross-examination
Order XVIII Rule 3 CPC Matters to which affidavits shall be confined
Order XVIII Rule 4 CPC Court may control evidence
Order XVIII Rule 5 CPC Redacting or rejecting evidence
Order XVIII Rule 6 CPC Format and guidelines of affidavit of evidence
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ORDER XX Judgment and decree
Order XX Rule 1 CPC Judgment when pronounced
Order XX Rule 2 CPC Power to pronounce judgment written by judge's predecessor
Order XX Rule 3 CPC Judgment to be signed
Order XX Rule 4 CPC Judgments of Small Cause Courts
Order XX Rule 5 CPC Court to state its decision on each issue
Order XX Rule 6 CPC Contents of decree
Order XX Rule 6A CPC Preparation of decree
Order XX Rule 6B CPC Copies of judgments when to be made available
Order XX Rule 7 CPC Date of decree
Order XX Rule 8 CPC Procedure where Judge has vacated office before signing decree
Order XX Rule 9 CPC Decree for recovery of immovable property
Order XX Rule 10 CPC Decree for delivery of movable property
Order XX Rule 11 CPC Decree may direct payment by instalments
Order XX Rule 12 CPC Decree for possession and mesne profits
Order XX Rule 13 CPC Decree in administration suit
Oder XX Rule 14 CPC Decree in pre-emption suit
Order XX Rule 15 CPC Decree in suit for dissolution of partnership
Order XX Rule 16 CPC Decree in suit for account between principal and agent
Order XX Rule 17 CPC Special directions as to accounts
Order XX Rule 19 CPC Decree when set-off or counter-claim is allowed
Order XX Rule 20 CPC Certified copies of judgment and decree to be furnished
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ORDER XXA Costs
Order XXA Rule 1 CPC Provisions relating to certain items
Order XXA Rule 2 CPC Costs to be awarded in accordance with the rules made by High Court
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ORDER XXI Execution of Decrees and Orders
Payment under Decree
Order XXI Rule 1 CPC Modes of paying money under decree
Order XXI Rule 2 CPC Payment out of Court to decree-holder
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Courts executing Decrees
Order XXI Rule 3 CPC Lands situate in more than one jurisdiction
Order XXI Rule 4 CPC Transfer to Court of Small Causes
Order XXI Rule 5 CPC Mode of transfer
Order XXI Rule 7 CPC Court receiving copies of decree etc to file same without proof
Order XXI Rule 8 CPC Execution of decree or order by Court to which it is sent
Order XXI Rule 9 CPC Execution by High Court of decree transferred by other Court
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Application for execution
Order XXI Rule 10 CPC Application for execution
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Order XXI Rule 11 CPC Oral application
Order XXI Rule 11A CPC Application for arrest to state grounds
Order XXI Rule 14 CPC Power to require certified extract from Collector's register in certain cases
Order XXI Rule 15 CPC Application for execution by Joint decree-holders
Order XXI Rule 16 CPC Application for execution by transferee of decree
Order XXI Rule 17 CPC Procedure on receiving application for execution of decree
Order XXI Rule 18 CPC Execution in case of cross-decrees
Order XXI Rule 19 CPC Execution in case of cross-claims under same decree
Order XXI Rule 20 CPC Cross-decrees and cross-claims in mortgage-suits
Order XXI Rule 21 CPC Simultaneous execution
Order XXI Rule 22 CPC Notice to show cause against execution in certain cases
Order XXI Rule 23 CPC Procedure after issue of notice
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Process for execution
Order XXI Rule 24 CPC Process for execution
Order XXI Rule 25 CPC Endorsement on process
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Stay of execution
Order XXI Rule 26 CPC When Court may stay execution
Order XXI Rule 27 CPC Liability of judgment-debtor discharged
Order XXI Rule 29 CPC Stay of execution pending suit between decree-holder and judgment-debtors
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Mode of execution
Order XXI Rule 30 CPC Decree for payment of money
Order XXI Rule 31 CPC Decree for specific movable property
Order XXI Rule 33 CPC Discretion of Court in executing decrees for restitution of conjugal rights
Order XXI Rule 34 CPC Decree for execution of document, or endorsement of negotiable instrument
Order XXI Rule 35 CPC Decree for immovable property
Order XXI Rule 36 CPC Decree for delivery of immovable property when in occupancy of tenant
Order XXI Rule 38 CPC Warrant for arrest to direct judgment-debtor to be brought up
Order XXI Rule 39 CPC Subsistence allowance
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Attachment of property
Order XXI Rule 41 CPC Examination of judgment-debtor as to his property
Order XXI Rule 43A CPC Custody of movable property
Order XXI Rule 44 CPC Attachment of agricultural produce
Order XXI Rule 45 CPC Provisions as to agricultural produce under attachment
Order XXI Rule 46A CPC Notice to garnishee
Order XXI Rule 46B CPC Order against garnishee
Order XXI Rule 46C CPC Trial of disputed questions
Order XXI Rule 46D CPC Procedure where debt belongs to third person
Order XXI Rule 46E CPC Order as regards third person
Order XXI Rule 46F CPC Payment by garnishee to be valid discharge
Order XXI Rule 46H CPC Appeals
Order XXI Rule 46I CPC Application to negotiable instruments
Order XXI Rule 47 CPC Attachment of share in movables
Order XXI Rule 48A CPC Attachment of salary or allowances of private employees
Order XXI Rule 49 CPC Attachment of partnership property
Order XXI Rule 50 CPC Execution of decree against firm
Order 21 Rule 51 CPC Attachment of negotiable instruments
Order 21 Rule 52 CPC Attachment of property in custody of Court or public officer
Order 21 Rule 53 CPC Attachment of decrees
Order 21 Rule 54 CPC Attachment of immovable property
Order 21 Rule 55 CPC Removal of attachment after satisfaction of decree
Order 21 Rule 56 CPC Order for payment of coin or currency notes to party entitled under decree
Order 21 Rule 57 CPC Determination of attachment
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Adjudication of claims and objections
Order 21 Rule 58 CPC Adjudication of claims to or objections to attachment of property
Order 21 Rule 59 CPC Stay of sale
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Sale generally
Order 21 Rule 65 CPC Sales by whom conducted and how made
Order 21 Rule 66 CPC Proclamation of sales by public auction
Order 21 Rule 67 CPC Mode of making proclamation
Order 21 Rule 68 CPC Time of sale
Order 21 Rule 69 CPC Adjournment or stoppage of sale
70. Saving of certain sales. Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14.
Order 21 Rule 71 CPC Defaulting purchaser answerable for loss on re-sale
Order 21 Rule 72 CPC Decree holder not to bid for or buy property without permission
Order 21 Rule 72A CPC Mortgagee not to bid at sale without the leave of the Court
Order 21 Rule 73 CPC Restriction on bidding or purchase by officers
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Sale of movable property
Order 21 Rule 74 CPC Sale of agricultural produce
Order 21 Rule 75 CPC Special provisions relating to growing crops
Order 21 Rule 76 CPC Negotiable instruments and shares in corporations
Order 21 Rule 77 CPC Sale by public auction
Order 21 Rule 78 CPC Irregularity not to vitiate sale, but any person injured may sue
Order 21 Rule 79 CPC Delivery of movable property, debts and shares
Order 21 Rule 80 CPC Transfer of negotiable instruments and shares
Order 21 Rule 81 CPC Vesting order in case of other property
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Sale of immovable property
Order 21 Rule 82 CPC What Court may order sales
Order 21 Rule 83 CPC Postponement of sale to enable judgment-debtor to raise amount of decree
Order 21 Rule 84 CPC Deposit by purchaser and re-sale on default
Order 21 Rule 85 CPC Time for payment in full of purchase money
Order 21 Rule 86 CPC Procedure in default of payment
Order 21 Rule 87 CPC Notification on re-sale
Order 21 Rule 88 CPC Bid of co-sharer to have preference
Order 21 Rule 89 CPC Application to set aside sale on deposit
Order 21 Rule 90 CPC Application to set aside sale on ground of irregularity or fraud
Order 21 Rule 92 CPC Sale when to become absolute or be set aside
Order 21 Rule 93 CPC Return of purchase-money in certain cases
Order21 Rul3 94 CPC Certificate to purchaser
Order 21 Rule 95 CPC Delivery of property in occupancy of judgment-debtor
Order 21 Rule 96 CPC Delivery of property in occupancy of tenant
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Resistance to delivery of possession to decree-holder or purchaser
Order 21 Rule 97 CPC Resistance or obstruction to possession of immovable property
Order 21 Rule 98 CPC Orders after adjudication
Order 21 Rule 99 CPC Dispossession by decree-holder or purchaser
Order 21 Rule 100 CPC Order to be passed upon application complaining of dispossession
Order 21 Rule 101 CPC Question to be determined
Order 21 Rule 102 CPC Rules not applicable to transferee pendente lite
Order 21 Rule 103 CPC Orders to be treated as decrees
Order 21 Rule 104 CPC Order under rule 101 or rule 103 to be subject to the result or pending suit
Order 21 Rule 105 CPC Hearing of application
Order 21 Rule 106 CPC Setting aside orders passed ex parte, etc
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ORDER XXII Death, Marriage and Insolvency or Parties
Order 22 Rule 1 CPC No abatement by party's death if right to sue survives
Order 22 Rule 3 CPC Procedure in case of death of one of several plaintiffs or of sole plaintiff
Order 22 Rule 4 CPC Procedure in case of death of one of several defendants or of sole defendant
Order 22 Rule 4a CPC Procedure where there is no legal representative
Order 22 Rule 5 CPC Determination of question as to legal representative
Order 22 Rule 6 CPC No abatement by reason of death after hearing
Order 22 Rule 7 CPC Suit not abated by marriage of female party
Order 22 Rule 8 CPC Suit not abated by marriage of female party
Order 22 Rule 9 CPC Effect of abatement or dismissal
Order 22 Rule 10 CPC Procedure in case of assignment before final order in suit
Order 22 Rule 10A CPC Duty of pleader to communicate to Court death of a party
Order 22 Rule 11 CPC Application of Order to appeals
Order 22 Rule 12 CPC Application of Order to proceedings
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ORDER XXIII Withdrawal and Adjustment of Suits
Order XXIII Rule 1 CPC Withdrawal of suit or abandonment of part of claim
Order XXIII Rule 1A CPC When transposition of defendants as plaintiffs may be permitted
Order XXIII Rule 2 CPC Limitation law not affected by first suit
Order XXIII Rule 3 CPC Compromise of suit
Order XXIII Rule 3a CPC Bar to suit
Order XXIII Rule 4 CPC Proceedings in execution of decrees not affected
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ORDER XXIV Payment into Court
Order XXIV Rule 1 CPC Deposit by defendant of amount in satisfaction of claim
Order XXIV Rule 2 CPC Notice of deposit
Order XXIV Rule 3 CPC Interest on deposit not allowed to plaintiff after notice
Order XXIV Rule 4 CPC Procedure where plaintiff accepts deposit as satisfaction in part
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ORDER XXV Security for Costs
Order XXV Rule 1 CPC When security for costs may be required from plaintiff
Order XXV Rule 2 CPC Effect of failure to furnish security
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ORDER XXVI Commissions
Commissions to examine witnesses
Order XXVI Rule 1 CPC Cases in which Court may issue commission to examine witness
Order XXVI Rule 2 CPC Order for commission
Order XXVI Rule 3 CPC Where witness resides within Court's jurisdiction
Order XXVI Rule 4 CPC Persons for whose examination commission may issue
Order XXVI Rule 5 CPC Commission or request to examine witness not within India
Order XXVI Rule 6 CPC Court to examine witness pursuant to Commission
Order XXVI Rule 7 CPC Return of commission with depositions of witnesses
Order XXVI Rule 8 CPC When depositions may be read in evidence
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Commissions for local investigations
Order XXVI Rule 9 CPC Commissions to make local investigations
Order XXVI Rule 10 CPC Procedure of Commissioner
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Commissions for scientific investigation, performance of ministerial act and sale of movable property
Order XXVI Rule 10A CPC Commission for scientific investigation
Order XXVI Rule 10B CPC Commission for performance of a ministerial act
Order XXVI Rule 10C CPC Commission for the sale of movable property
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Commissions to examine accounts
Order XXVI Rule 11 CPC Commission to examine or adjust accounts
Order XXVI Rule 12 CPC Court to give Commissioner necessary instructions
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Commissions to make partitions
Order XXVI Rule 13 CPC Commission to make partition of immovable property
Order XXVI Rule 14 CPC Procedure of Commissioner
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General provisions
Order XXVI Rule 15 CPC Expenses of commission to be paid into court
Order XXVI Rule 16 CPC Powers of commissioners
Order XXVI Rule 16A CPC Questions objected to before the Commissioner
Order XXVI Rule 17 CPC Attendance and examination of witnesses before Commissioner
Order XXVI Rule 18 CPC Parties to appear before Commissioner
Order XXVI Rule 18A CPC Application of order to execution proceedings
Order XXVI Rule 18B CPC Court to fix a time for return of commission
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Commissions issued of the instance of foreign Tribunals
Order XXVI Rule 19 CPC Cases in which High Court may issue commission to examine witness.
Order XXVI Rule 20 CPC Application for issue of commission
Order XXVI Rule 21 CPC To whom commission may be issued
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ORDER XXVII Suits by or against the Government or Public Officers in their official capacity
Order XXVII Rule 1 CPC Suits by or against Government
Order XXVII Rule 2 CPC Persons authorised to act for Government
Order XXVII Rule 3 CPC Plaints in suits by or against Government
Order XXVII Rule 4 CPC Agent for Government to receive process
Order XXVII Rule 5 CPC Fixing of day for appearance on behalf of Government
Order XXVII Rule 5A CPC Government to be joined as a party in a suit against a public officer
Order XXVII Rule 7 CPC Extension of time to enable public officer to make reference to Government
Order XXVII Rule 8 CPC Procedure in suits against public officer
Order XXVII Rule 8B CPC Definitions of Government and Government pleader
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ORDER XXVIIA Suits involving a substantial question of Law as to the Interpretation for the Constitution or as to the validity of any Statutory instrument
Order XXVIIA Rule 1 CPC Notice to the Attorney General or the Advocate-General
Order XXVIIA Rule 1A CPC Procedure in suits involving validity of any statutory instrument
Order XXVIIA Rule 2 CPC Court may add Government as party
Order XXVIIA Rule 4 CPC Application of Order to appeals
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ORDER XXVIII Suits by or against military or Naval men or Airmen
Order XXVIII Rule 2 CPC Person so authorised may act personally or appoint pleader
Order XXVIII Rule 3 CPC Service on person so authorised, or on his pleader, to be good service
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ORDER XXIX Suits by or against Corporations
Order XXIX Rule 1 CPC Subscription and verification of pleading
Order XXIX Rule 2 CPC Service on corporation
Order XXIX Rule 3 CPC Power to require personal attendance of officer of corporation
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ORDER XXX Suits by or against Firms and Persons carrying on business in names other than their own
Order XXX Rule 1 CPC Suing of partners in name of firm
Order XXX Rule 2 CPC Disclosure of partners names
Order XXX Rule 4 CPC Rights of suit on death of partner
Order XXX Rule 5 CPC Notice in what capacity served
Order XXX Rule 6 CPC Appearance of partners
Order XXX Rule 7 CPC No appearance except by partners
Order XXX Rule 8 CPC Appearance under protest
Order XXX Rule 9 CPC Suits between co-partners
Order XXX Rule 10 CPC Suit against person carrying on business in name other than his own
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ORDER XXXI Suits by or against Trustees, executors and Administrators
Order XXXI Rule 2 CPC Joinder of trustees, executors and administrators
Order XXXI Rule 3 CPC Husband of married executrix not to join
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ORDER XXXII Suits by or against Minors and Persons of Unsound mind
Order XXXII Rule 1 CPC Minor to sue by next friend
Order XXXII Rule 2 CPC Where suit is instituted without next friend, plaint to be taken off the file
Order XXXII Rule 2a CPC Security to be furnished by next friend when so ordered
Order XXXII Rule 3 CPC Guardian for the suit to be appointed by Court for minor defendants
Order XXXII Rule 4 CPC Who may act as next friend or be appointed guardian for the suit
Order XXXII Rule 5 CPC Representation of minor by next friend or guardian for the suit
Order XXXII Rule 7 CPC Agreement or compromise by next friend or guardian for the suit
Order XXXII Rule 8 CPC Retirement of next friend
Order XXXII Rule 9 CPC Removal of next friend
Order XXXII Rule 10 CPC Stay of proceedings on removal, etc., of next friend
Order XXXII Rule 11 CPC Retirement, removal or death of guardian for the suit
Order XXXII Rule 12 CPC Course to be followed by minor plaintiff or applicant on attaining majority
Order XXXII Rule 13 CPC Where minor co-plaintiff attaining majority desires to repudiate suit
Order XXXII Rule 14 CPC Unreasonable or improper suit
Order XXXII Rule 15 CPC Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind
Order XXXII Rule 16 CPC Savings
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ORDER XXXII-A Suits Relating to matters concerning the family
Order XXXII-A Rule 1 CPC Application of the Order
Order XXXII-A Rule 2 CPC Proceedings to be held in camera
Order XXXII-A Rule 3 CPC Duty of Court to make efforts for settlement
Order XXXII-A Rule 4 CPC Assistance of welfare expert
Order XXXII-A Rule 5 CPC Duty to inquire into facts
Order XXXII-A Rule 6 CPC Family-meaning of
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ORDER XXXIII Suits by Indigent Persons
Order XXXIII Rule 1 CPC Suits may be instituted by indigent persons
Order XXXIII Rule 1A CPC Inquiry into the means of an indigent person
Order XXXIII Rule 2 CPC Contents of application
Order XXXIII Rule 3 CPC Presentation of application
Order XXXIII Rule 4 CPC Examination of applicant
Order XXXIII Rule 5 CPC Rejection of application
Order XXXIII Rule 6 CPC Notice of day for receiving evidence of applicant's indigency
Order XXXIII Rule 7 CPC Procedure at hearing
Order XXXIII Rule 8 CPC Procedure if application admitted
Order XXXIII Rule 9 CPC Withdrawal of permission to sue as an indigent person
Order XXXIII Rule 9A CPC Court to assign a pleader to an unrepresented indigent person
Order XXXIII Rule 10 CPC Costs where indigent person succeeds
Order XXXIII Rule 11 CPC Procedure where indigent person fails
Order XXXIII Rule 11A CPC Procedure where indigent person suit abates
Order XXXIII Rule 12 CPC State Government may apply for payment of court-fees
Order XXXIII Rule 13 CPC State Government to be deemed a party
Order XXXIII Rule 14 CPC Recovery of amount of court-fees
Order XXXIII Rule 15A CPC Grant of time for payment of court-fee
Order XXXIII Rule 16 CPC Costs
Order XXXIII Rule 17 CPC Defence by an indigent person
Order XXXIII Rule 18 CPC Power of Government to provide for free legal services to indigent persons
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ORDER XXXIV Suits Relating to Mortgages of Immovable Property
Order XXXIV Rule 1 CPC Parties to suits for foreclosure sale and redemption
Order XXXIV Rule 2 CPC Preliminary decree in foreclosure suit
Order XXXIV Rule 3 CPC Final decree in foreclosure suit
Order XXXIV Rule 4 CPC Preliminary decree in suit for sale'
Order XXXIV Rule 5 CPC Final decree in suit for sale
Order XXXIV Rule 6 CPC Recovery of balance due on mortgage in suit for sale
Order XXXIV Rule 7 CPC Preliminary decree in redemption suit
Order XXXIV Rule 8 CPC Final decree in redemption suit
Order XXXIV Rule 8A CPC Recovery of balance due on mortgage in suit for redemption
Order XXXIV Rule 9 CPC Decree where nothing is found due or where mortgagee has been overpaid
Order XXXIV Rule 10 CPC Costs of mortgagee subsequent to decree
Order XXXIV Rule 10A CPC Power of Court to direct mortgagee to pay mesne profits
Order XXXIV Rule 11 CPC Payment of interest
Order XXXIV Rule 12 CPC Sale of property subject to prior mortgage
Order XXXIV Rule 13 CPC Application of proceeds
Order XXXIV Rule 14 CPC Suit for sale necessary for bringing mortgaged property to sale
Order XXXIV Rule 15 CPC Mortgages by the deposit of title deeds and charges
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ORDER XXXV Interpleader
Order XXXV Rule 1 CPC Plaint in interpleader-suit
Order XXXV Rule 2 CPC Payment of thing claimed into Court
Order XXXV Rule 3 CPC Procedure where defendant is suing plaintiff
Order XXXV Rule 4 CPC Procedure at first hearing
Order XXXV Rule 5 CPC Agents and tenants may not institute interpleader suits
Order XXXV Rule 6 CPC Charge for plaintiffs costs
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ORDER XXXVI Special Case
Order XXXVI Rule 1 CPC Power to state case for Courts opinion
Order XXXVI Rule 2 CPC Where value of subject-matter must be stated
Order XXXVI Rule 3 CPC Agreement to be filed and registered as suit
Order XXXVI Rule 4 CPC Parties to be subject to Courts jurisdiction
Order XXXVI Rule 5 CPC Hearing and disposal of case
Order XXXVI Rule 6 CPC No appeal from a decree passed under rule 5
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ORDER XXXVII Summary Procedure
Order XXXVII Rule 1 CPC Courts and classes of suits to which the Order is to apply
Order XXXVII Rule 2 CPC Institution of summary suits
Order XXXVII Rule 3 CPC Procedure for the appearance of defendant
Order XXXVII Rule 4 CPC Power to set aside decree
Order XXXVII Rule 5 CPC Power to order bill, etc., to be deposited with officer of Court
Order XXXVII Rule 6 CPC Recovery of cost of noting non-acceptance of dishonoured bill or note
Order XXXVII Rule 7 CPC Procedure in suits
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ORDER XXXVIII Arrest and Attachment before judgment
Arrest before judgment
Order XXXVIII Rule 1 CPC Where defendant may be called upon to furnish security
for appearance
Order
XXXVIII Rule 2 CPC Security
Order XXXVIII Rule 3 CPC Procedure on application by surety to be discharged
Order XXXVIII Rule 4 CPC Procedure where defendant fails to furnish security or find fresh security
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Attachment before Judgment
Order XXXVIII Rule 6 CPC Attachment where cause not shown or security not furnished
Order XXXVIII Rule 7 CPC Mode of making attachment
Order XXXVIII Rule 8 CPC Adjudication of claim to property attached before judgment
Order XXXVIII Rule 9 CPC Removal of attachment when security furnished or suit dismissed
Order XXXVIII Rule 11A CPC Provisions applicable to attachment
Order XXXVIII Rule 12 CPC Agricultural produce not attachable before judgment
Order XXXVIII Rule 13 CPC Small Cause Court not to attach immovable property
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Order XXXIX Rule 1 CPC Cases in which temporary injunction may be granted
Order XXXIX Rule 2 CPC Injunction to restrain repetition or continuance of breach
Order XXXIX Rule 2a CPC Consequence of disobedience or breach of injunction
Order XXXIX Rule 3 CPC Before granting injunction, Court to direct notice to opposite party
Order XXXIX Rule 3A CPC Court to dispose of application for injunction within thirty days
Order XXXIX Rule 4 CPC Order for injunction may be discharged, varied or set aside
Order XXXIX Rule 5 CPC Injunction to corporation binding on its officer
Order XXXIX Rule 6 CPC Power to order interim sale
Order XXXIX Rule 7 CPC Detention, preservation, inspection, etc., of subject-matter of suit
Order XXXIX Rule 8 CPC Application for such orders to be after notice
Order XXXIX Rule 10 CPC Deposit of money, etc., in Court
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ORDER XL Appointment of Receivers
Order XL Rule 1 CPC Appointment of receivers
Order XL Rule 2 CPC Remuneration
Order XL Rule 4 CPC Enforcement of receiver’s duties
Order XL Rule 5 CPC When Collector may be appointed receiver
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ORDER XLI Appeals from Original Decrees
Order XLI Rule 1 CPC Form of appeal. What to accompany memorandum
Order XLI Rule 2 CPC Grounds which may be taken in appeal
Order XLI Rule 3 CPC Rejection or amendment of memorandum
Order XLI Rule 3A CPC Application for condonation of delay
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Stay of proceedings and of execution
Order XLI Rule 5 CPC Stay by Appellate Court
Order XLI Rule 6 CPC Security in case of order for execution of decree appealed from
Order XLI Rule 8 CPC Exercise of powers in appeal from order made in execution of decree
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Procedure on admission of appeal
Order XLI Rule 9 CPC Registry of memorandum of appeal
Order XLI Rule 10 CPC Appellate Court may require appellant to furnish security for costs
Order XLI Rule 11 CPC Power to dismiss appeal without sending notice to Lower Court
Order XLI Rule 11A CPC Time within which hearing under rule 11 should be concluded
Order XLI Rule 12 CPC Day for hearing appeal
Order XLI Rule 14 CPC Publication and service or notice or day for hearing appeal
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Procedure on hearing
Order XLI Rule 16 CPC Right to begin
Order XLI Rule 17 CPC Dismissal of appeal for appellant’s default
Order XLI Rule 19 CPC Re-admission of appeal dismissed for default
Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made
Order XLI Rule 23 CPC Remand of case by Appellate Court
Order XLI Rule 23A CPC Remand in other cases
Order XLI Rule 24 CPC Where evidence on record sufficient Appellate Court may determine case finally
Order XLI Rule 26 CPC Findings and evidence to be put on record. Objections to findings
Order XLI Rule 26A CPC Order of remand to mention date of next hearing
Order XLI Rule 27 CPC Production of additional evidence in Appellate Court
Order XLI Rule 28 CPC Mode of taking additional evidence
Order XLI Rule 29 CPC Points to be defined and recorded
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Judgment in appeal
Order XLI Rule 30 CPC Judgment when and where pronounced
Order XLI Rule 31 CPC Contents, date and signature of judgment
Order XLI Rule 32 CPC What judgment may direct
Order XLI Rule 33 CPC Power of Court of Appeal
Order XLI Rule 34 CPC Dissent to be recorded
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Decree in appeal
Order XLI Rule 35 CPC Date and contents of decree
Order XLI Rule 36 CPC Copies of judgment and decree to be furnished to parties
Order XLI Rule 37 CPC Certified copy of decree to be sent to Court whose decree appealed from
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ORDER XLII Appeals from Appellate Decrees
Order XLII Rule 1 CPC Procedure
Order XLII Rule 3 CPC Application of rule 14 of Order XLI
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ORDER XLIII APPEALS FROM ORDERS
Order XLIII Rule 1 CPC Appeal from orders
Order XLIII Rule 1A CPC Right to challenge non-appealable orders in appeal against decrees
Order XLIII Rule 2 CPC Procedure
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ORDER XLIV Appeals by Indigent Persons
Order XLIV Rule 1 CPC Who may appeal as an indigent person
Order XLIV Rule 2 CPC Grant of time for payment of court-fee
Order XLIV Rule 3 CPC Inquiry as to whether applicant is an indigent person
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ORDER XLV Appeals to the Supreme Court
Order XLV Rule 1 CPC Decree defined
Order XLV Rule 2 CPC Application to Court whose decree complained of
Order XLV Rule 3 CPC Certificate as to value or fitness
4. Consolidation of suits. Omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973). s. 4 (w.e.f. 1-2-1977)
5. Remission of dispute to Court of first instance. omitted by s. 4, ibid. (w.e.f. 1-2-1977)
Order XLV Rule 6 CPC Effect of refusal of certificate
Order XLV Rule 7 CPC Security and deposit required on grant of certificate
Order XLV Rule 8 CPC Admission of appeal and procedure thereon
Order XLV Rule 9 CPC Revocation of acceptance of security
Order XLV Rule 9A CPC Power to dispense with notices in case of deceased parties
Order XLV Rule 10 CPC Power to order further security or payment
Order XLV Rule 11 CPC Effect of failure to comply with order
Order XLV Rule 12 CPC Refund of balance deposit
Order XLV Rule 13 CPC Powers of Court pending appeal
Order XLV Rule 14 CPC Increase of security found inadequate
Order XLV Rule 15 CPC Procedure to enforce orders of the Supreme Court
Order XLV Rule 16 CPC Appeal from order relating to execution
17. Appeals to Federal Court. - Rep. by the Federal Act, 1941 (21 of 1941), s. 2.
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ORDER XLVI Reference
Order XLVI Rule 1 CPC Reference of question to High Court
Order XLVI Rule 2 CPC Court may pass decree contingent upon decision of High Court
Order XLI Rule 3 CPC Judgment of High Court to be transmitted and case disposed of accordingly
Order XLI Rule 4 CPC Cost of reference to High Court
Order XLI Rule 4A CPC Reference to High Court under proviso to section 113
Order XLI Rule 5 CPC Power to alter, etc., decree of Court making reference
Order XLI Rule 6 CPC Power to refer to High Court questions as to jurisdiction in small causes
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ORDER XLVII Review
Order XLVII Rule 1 CPC Application for review of judgment
Order XLVII Rule 3 CPC Form of applications for review
Order XLVII Rule 4 CPC Application where rejected
Order XLVII Rule 5 CPC Application for review in Court consisting of two or more Judges
Order XLVII Rule 6 CPC Application where rejected
Order XLVII Rule 7 CPC Order of rejection not appealable. Objections to order granting application
Order XLVII Rule 8 CPC Registry of application granted, and order for re-hearings
Order XLVII Rule 9 CPC Bar of certain application
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ORDER XLVIII Miscellaneous
Order XLVIII Rule 1 CPC Process to be served at expense of party issuing
Order XLVIII Rule 2 CPC Orders and notices how served
Order XLVIII Rule 3 CPC Use of forms in appendices
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ORDER XLIX Chartered High Courts
Order XLIX Rule 1 CPC Who may serve processes of High Court
Order XLIX Rule 2 CPC Saving in respect of Chartered High Courts
Order XLIX Rule 3 CPC Application of rules
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ORDER L Provincial Small Cause Courts
Order L Rule 1 CPC Provincial Small Cause Courts
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ORDER LI Presidency Small Cause Courts
Order LI Rule 1 CPC Presidency Small Cause Courts