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Code of Civil Procedure 1908

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

2 CPC Definitions

3 CPC Subordination of Courts

4 CPC Savings

5 CPC Application of the Code to Revenue Courts

6 CPC Pecuniary jurisdiction

7 CPC Provincial Small Cause Courts

8 CPC Presidency Small Cause Courts

 

PART I SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata

9 CPC Courts to try all civil suits unless barred

10 CPC Stay of suit

11 CPC Res judicata

12 CPC Bar to further suit

13 CPC When foreign judgment not conclusive

14 CPC Presumption as to foreign judgments

 

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

26 CPC Institution of suits

 

SUMMONS AND DISCOVERY

27 CPC Summons to defendants

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

31 CPC Summons to witness

32 CPC Penalty for default

 

JUDGMENT AND DECREE

33 CPC Judgment and decree

 

INTEREST

34 CPC Interest

 

COSTS

35 CPC Costs

35A CPC Compensatory costs in respect of false or vexatious claims or defences

35B CPC Costs for causing delay

 

PART II EXECUTION
GENERAL

36 CPC Application to orders

37 CPC Definition of Court which passed a decree

 

COURTS BY WHICH DECREES MAY BE EXECUTED

38 CPC Court by which decree may be executed

39 CPC Transfer of decree

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

46 CPC Precepts

 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE

47 CPC Questions to be determined by the Court executing decree

 

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).

 

TRANSFEREES AND LEGAL REPRESENTATIVES

49 CPC Transferee

50 CPC Legal representative

 

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

 

ARREST AND DETENTION

55 CPC Arrest and detention

56 CPC Prohibition of arrest or detention of women in execution of decree for money

57 CPC Subsistence-allowance

58 CPC Detention and release

59 CPC Release on ground of illness

 

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

 

S A L E

65 CPC Purchaser's title

66 CPC repealed by Act 45 of 1988. s. 7 (w.e.f. 19-5-1988).

67 CPC Power for State Government to make rules as to sales of land in execution of decrees for payment of money

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.

 

DISTRIBUTION OF ASSETS

73 CPC Proceeds of execution sale to be rateably distributed among decree-holders

 

RESISTANCE TO EXECUTION

74 CPC Resistance to execution

 

PART III INCIDENTAL PROCEEDINGS
COMMISSIONS

75 CPC Power of Court to issue commissions

76 CPC Commission to another Court

77 CPC Letter of request

78 CPC Commissions issued by foreign Courts

 

PART IV SUITS IN PARTICULAR CASES

79 CPC Suits by or against Government

80 CPC Notice

81 CPC Exemption from arrest and personal appearance

82 CPC Execution of decree

 

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS

83 CPC When aliens may sue

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

 

SUITS AGAINST RULERS OF FORMER INDIAN STATES

87B CPC Applications of sections 85 and 86 to Rulers of former Indian States

 

INTERPLEADER

88 CPC Where inter pleader-suit may be instituted

 

PART V SPECIAL PROCEEDINGS
ARBITRATION

89 CPC Settlement of disputes outside the Court

 

SPECIAL CASE

90 CPC Power to state case for opinion of Court

 

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

91 CPC Public nuisances and other wrongful acts affecting the public

92 CPC Public charities

93 CPC Exercise of powers of Advocate-General outside presidency-towns

 

PART VI SUPPLEMENTAL PROCEEDINGS

94 CPC Supplemental proceedings

95 CPC Compensation for obtaining arrest, attachment or injunction on insufficient grounds

 

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

99 CPC No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction

99A CPC No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected

 

APPEALS FROM APPELLATE DECREES

100 CPC Second appeal

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

 

APPEALS FROM ORDERS

104 CPC Orders from which appeal lies

105 CPC Other orders

106 CPC What Courts to hear appeals

 

GENERAL PROVISIONS RELATING TO APPEALS

107 CPC Powers of Appellate Court

108 CPC Procedure in appeals from appellate decrees and orders

 

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

112 CPC Savings

 

PART VIII REFERENCE, REVIEW AND REVISION

113 CPC Reference to High Court

114 CPC Review

115 CPC Revision

 

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

 

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

127 CPC Publication of rules

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

131 CPC Publication of rules

 

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

143 CPC Postage

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

148 CPC Enlargement of time

148A CPC Right to lodge a caveat

149 CPC Power to make up deficiency of court-fees

150 CPC Transfer of business

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

 

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 3A CPC Power to order separate trials where joinder of defendants may embarrass or delay trial

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 8A CPC Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings

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

 

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

 

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

 

ORDER IV Institution of suits

Order IV Rule 1 CPC Suit to be commenced by plaint

Order IV Rule 2 CPC Register of suits

 

ORDER V Issue and service of summons
Issue of Summons

Order V Rule 1 CPC 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

Order V Rule 8 CPC On issue of summons for final disposal, defendant to be directed to produce his witnesses

 

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

Oder V Rule 27 CPC Service on civil public officer or on servant of railway company or local authority

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

 

ORDER VI Pleadings generally

Order VI Rule 1 CPC Pleading

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 7 CPC Departure

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 11 CPC Notice

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

 

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 10A CPC Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return

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

 

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 1A CPC Duty of defendant to produce documents upon which relief is claimed or relied upon by him

Order VIII Rule 2 CPC New facts must be specially pleaded

Order VIII Rule 3 CPC Denial to be specific

Order VIII Rule 3A CPC Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court

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

 

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 2 CPC Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs

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 5 CPC Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons

Order IX Rule 6 CPC Procedure when only plaintiff appears

Order IX Rule 7 CPC Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance

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

Order IX Rule 12 CPC Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person

 

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

 

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

 

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

 

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

 

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 2A CPC Document to be deemed to be admitted if not denied after service of 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

Order XII Rule 9 CPC Costs

 

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

 

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

 

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

Order XIV Rule 7 CPC Court, if satisfied that agreement was executed in good faith, may pronounce judgment

 

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

 

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

 

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 19 CPC No witness to be ordered to attend in person unless resident within certain limits

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

 

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 4 CPC Power of State Government to exclude certain persons from the operation of rule 2

Order XVI-A Rule 5 CPC Officer in charge of prison to abstain from carrying out order in certain cases

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

 

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

 

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

 

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

 

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 5a CPC Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders

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 12A CPC Decreee for specific performance of contract for the sale or lease of immovable property

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 18 CPC Decree in suit for partition of property or separate possession of a share therein

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

 

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

 

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

 

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 6 CPC Procedure where Court desires that its own decree shall be executed by another Court

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

 

Application for execution

Order XXI Rule 10 CPC Application for execution

 

Order XXI Rule 11 CPC Oral application

Order XXI Rule 11A CPC Application for arrest to state grounds

Order XXI Rule 12 CPC Application for attachment of movable property not in judgment-debtor's possession

Order XXI Rule 13 CPC Application for attachment of immovable property to contain certain particulars

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 22a CPC Sale not be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale

Order XXI Rule 23 CPC Procedure after issue of notice

 

Process for execution

Order XXI Rule 24 CPC Process for execution

Order XXI Rule 25 CPC Endorsement on process

 

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 28 CPC Order of Court which passed decree or of Appellate Court to be binding upon Court applied to

Order XXI Rule 29 CPC Stay of execution pending suit between decree-holder and judgment-debtors

 

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 32 CPC Decree for specific performance for restitution of conjugal rights, or for an injunction

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 37 CPC Discretionary power to permit judgment-debtor to show cause against detention in prison

Order XXI Rule 38 CPC Warrant for arrest to direct judgment-debtor to be brought up

Order XXI Rule 39 CPC Subsistence allowance

Order XXI Rule 40 CPC Proceedings on appearance of judgment-debtor in obedience to notice or after arrest

 

Attachment of property

Order XXI Rule 41 CPC Examination of judgment-debtor as to his property

Order XXI Rule 42 CPC Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined

Order XXI Rule 43 CPC Attachment of movable property, other than agricultural produce, in possession of judgment-debtor

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 46 CPC Attachment of debt, share and other property not in possession of judgment-debtor

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 46G CPC Costs

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 48 CPC Attachment of salary or allowances of servant of the Government or railway company or local authority

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

 

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

 

Sale generally

Order 21 Rule 64 CPC Power to order property attached to be sold and proceeds to be paid to person entitled

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

 

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

 

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 91 CPC Application by purchaser to set aside sale on ground of judgment-debtor having no aleable interest

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

 

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

 

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 2 CPC Procedure where one of several plaintiffs or defendants dies and 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

 

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 3b CPC No agreement or compromise to be entered in a representative suit without leave of Court

Order XXIII Rule 4 CPC Proceedings in execution of decrees not affected

 

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

 

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

 

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 4A CPC Commission for examination of any person resident within the local limits of the Jurisdiction of the Court

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

 

Commissions for local investigations

Order XXVI Rule 9 CPC Commissions to make local investigations

Order XXVI Rule 10 CPC Procedure of Commissioner

 

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

 

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

 

Commissions to make partitions

Order XXVI Rule 13 CPC Commission to make partition of immovable property

Order XXVI Rule 14 CPC Procedure of Commissioner

 

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

 

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

Order XXVI Rule 22 CPC Issue, execution and return of commissions, land transmission of evidence to foreign Court

 

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 5B CPC Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement

Order XXVII Rule 6 CPC Attendance of person able to answer questions relating to suit against Government

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 8A CPC No security to be required from Government or a public officer in certain cases

Order XXVII Rule 8B CPC Definitions of Government and Government pleader

 

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 2A CPC Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument

Order XXVIIA Rule 3 CPC Costs

Order XXVIIA Rule 4 CPC Application of Order to appeals

 

ORDER XXVIII Suits by or against military or Naval men or Airmen

Order XXVIII Rule 1 CPC Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them

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

 

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

 

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 3 CPC Service

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

 

ORDER XXXI Suits by or against Trustees, executors and Administrators

Order XXXI Rule 1 CPC Representation of beneficiaries in suits concerning property vested in trustees etc

Order XXXI Rule 2 CPC Joinder of trustees, executors and administrators

Order XXXI Rule 3 CPC Husband of married executrix not to join

 

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 3A CPC Decree against minor not to be set aside unless prejudice has been caused to his interests

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 6 CPC Receipt by next friend or guardian for the suit of property under decree for minor

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

 

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

 

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 15 CPC Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature

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

 

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

 

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

 

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

 

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

 

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

 

Attachment before Judgment

Order XXXVIII Rule 5 CPC Where defendant may be called upon to furnish security for production of property

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 10 CPC Attachment before judgment not to affect rights of strangers nor bar decree-holder from applying for sale

Order XXXVIII Rule 11 CPC Property attached before judgment not to be re-attached in execution of decree

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

 

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 9 CPC When party may be put in immediate possession of land the subject-matter of suit

Order XXXIX Rule 10 CPC Deposit of money, etc., in Court

 

ORDER XL Appointment of Receivers

Order XL Rule 1 CPC Appointment of receivers

Order XL Rule 2 CPC Remuneration

Order XL Rule 3 CPC Duties

Order XL Rule 4 CPC Enforcement of receivers duties

Order XL Rule 5 CPC When Collector may be appointed receiver

 

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

Order XLI Rule 4 CPC One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all

 

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

 

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

 

Procedure on hearing

Order XLI Rule 16 CPC Right to begin

Order XLI Rule 17 CPC Dismissal of appeal for appellants default

Order XLI Rule 19 CPC Re-admission of appeal dismissed for default

Order XLI Rule 20 CPC Power to adjourn hearing and direct persons appearing interested to be made respondents

Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made

Oder XLI Rule 22 CPC Upon hearing respondent may object to decree as if he had preferred separate appeal

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 25 CPC Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from

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

 

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

 

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

 

ORDER XLII Appeals from Appellate Decrees

Order XLII Rule 1 CPC Procedure

Order XLII Rule 2 CPC Power of Court to direct that the appeal be heard on the question formulated by it

Order XLII Rule 3 CPC Application of rule 14 of Order XLI

 

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

 

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

 

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.

 

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

Order XLI Rule 7 CPC Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes

 

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

 

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

 

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

 

ORDER L Provincial Small Cause Courts

Order L Rule 1 CPC Provincial Small Cause Courts

 

ORDER LI Presidency Small Cause Courts

Order LI Rule 1 CPC Presidency Small Cause Courts

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