Indian Civil Procedure - Statutory Reference Guide

Code of Civil Procedure, 1908: CPC Sections, Orders and Rules

The Code of Civil Procedure, 1908 (Act No. 5 of 1908), commonly called the CPC, governs the procedure followed by civil courts in India, subject to special enactments, applicable amendments and court rules. This guide explains its principal provisions and provides direct links to the section-wise and rule-wise pages.

Important: The CPC is procedural legislation, not a complete statement of substantive civil rights. State amendments, High Court rules and special statutes, including the Commercial Courts Act, 2015, may modify its application. Verify the applicable text before relying on a provision in litigation.

Purpose and structure of the CPC

The CPC was enacted on 21 March 1908 to consolidate and amend the law relating to the procedure of courts of civil judicature. It comprises numbered statutory sections and the First Schedule containing Orders and Rules. The sections set out jurisdictional powers and general principles; the Orders and Rules specify detailed court procedure.

Section 9 establishes the general jurisdiction of civil courts to try suits of a civil nature unless cognizance is expressly or impliedly barred. Sections 15 to 20 deal broadly with the place of suing, while Sections 36 to 74 address execution of decrees. Appeals, reference, review and revision are governed by their respective provisions and procedural rules.

Important definitions under Section 2 CPC

Decree (Section 2(2)): The formal expression of an adjudication conclusively determining the rights of parties with regard to all or any matters in controversy in a suit, subject to statutory inclusions and exclusions. A decree may be preliminary or final.

Decree-holder (Section 2(3)): A person in whose favour a decree has been passed or an order capable of execution has been made.

Judgment (Section 2(9)): The statement given by a judge of the grounds of a decree or order.

Judgment-debtor (Section 2(10)): A person against whom a decree has been passed or an order capable of execution has been made.

Legal representative (Section 2(11)): A person who in law represents the estate of a deceased person, including the categories specified in the provision.

Mesne profits (Section 2(12)): Profits received or receivable with ordinary diligence by a person in wrongful possession, together with interest, but excluding profits attributable to improvements made by that person.

Order (Section 2(14)): The formal expression of a decision of a civil court which is not a decree.

Main stages of a civil suit

1. Jurisdiction and institution

Sections 9 and 15 to 20 govern civil jurisdiction and the appropriate court. Section 26 and Order IV govern institution by plaint; Orders VI and VII address pleadings and plaint requirements.

2. Summons and written statement

Section 27 and Order V deal with issue and service of summons. Order VIII governs the written statement, set-off and counterclaim. Time limits can vary for ordinary and commercial suits.

3. Discovery, issues and evidence

Order XI addresses discovery, subject to the special regime for commercial disputes; Order XIV governs settlement of issues; Order XVIII addresses hearing of the suit and examination of witnesses. Evidence is also governed by applicable evidence legislation.

4. Judgment, decree and costs

Section 33 and Order XX concern judgment and decree. Section 34 deals with interest, while Sections 35, 35A and 35B concern costs in the circumstances specified by law.

5. Execution and enforcement

Sections 36 to 74 and Order XXI address execution. Courts may enforce decrees through attachment and sale, delivery of property and other lawful methods, subject to safeguards and exemptions.

6. Appeals and supervisory remedies

Section 96 concerns first appeals from original decrees; Section 100 limits second appeals to cases involving a substantial question of law. Sections 104, 113, 114 and 115 deal with appeals from certain orders, reference, review and revision respectively.

7. Interim relief and dispute resolution

Section 94 and Orders XXXVIII to XL address specified supplemental and interim measures. Section 89 provides for court-referred alternative dispute resolution, as applicable. Section 151 preserves the inherent powers of the court where appropriate.

CPC Sections: Complete Linked Index

The following index retains the individual section links from the original website. Repealed or omitted provisions are not presented as currently operative.

Preliminary: Sections 1-8

Suits and jurisdiction: Sections 9-35B

Execution: Sections 36-74

Incidental and special proceedings: Sections 75-95

Appeals, reference, review and revision: Sections 96-115

High Courts, rules and miscellaneous: Sections 116-158

CPC Orders and Rules: Linked Index

Expand an Order to view its individual Rule links. The index preserves the existing internal page addresses for continuity.

Order I 16 linked rules
Order II 7 linked rules
Order III 6 linked rules
Order IV 2 linked rules
Order V 31 linked rules
Order VI 20 linked rules
Order VII 19 linked rules
Order VIII 19 linked rules
Order IX 14 linked rules
Order X 7 linked rules
Order XI 30 linked rules
Order XII 11 linked rules
Order XIII 10 linked rules
Order Other 89 linked rules
Order XIV 7 linked rules
Order XV 4 linked rules
Order XVI 30 linked rules
Order XVII 3 linked rules
Order XVIII 25 linked rules
Order XX 23 linked rules
Order XXI 63 linked rules
Order XXIII 7 linked rules
Order XXIV 4 linked rules
Order XXV 2 linked rules
Order XXVI 29 linked rules
Order XXVII 12 linked rules
Order XXVIII 3 linked rules
Order XXIX 3 linked rules
Order XXX 10 linked rules
Order XXXI 3 linked rules
Order XXXII 24 linked rules
Order XXXIII 22 linked rules
Order XXXIV 17 linked rules
Order XXXV 6 linked rules
Order XXXVI 6 linked rules
Order XXXVII 7 linked rules
Order XXXVIII 14 linked rules
Order XXXIX 12 linked rules
Order XL 5 linked rules
Order XLI 42 linked rules
Order XLII 3 linked rules
Order XLIII 3 linked rules
Order XLIV 3 linked rules
Order XLV 15 linked rules
Order XLVI 2 linked rules
Order XLVII 8 linked rules
Order XLVIII 3 linked rules
Order XLIX 3 linked rules
Order L 1 linked rules
Order LI 1 linked rules

Official statutory references

For the authoritative consolidated legislation, amendments and notifications, consult India Code, the Legislative Department and the relevant High Court website for local rules. The Code of Civil Procedure, 1908 (Act 5 of 1908) should be read together with applicable amendments and the First Schedule.

This page is a general educational guide and is not a substitute for case-specific legal advice.