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Code of Civil Procedure, 1908 | Section 133

Section 133 CPC: Exemption of Other Persons from Personal Appearance in Court

Section 133 of the Code of Civil Procedure, 1908 identifies specified public office-holders and other protected persons who are entitled to exemption from personally attending court in civil proceedings. It also addresses the costs of examination by commission.

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Section 133 CPC: Statutory provision

(1) The following persons shall be entitled to exemption from personal appearance in Court, namely:-

  1. the President of India;
  2. the Vice-President of India;
  3. the Speaker of the House of the People;
  4. the Ministers of the Union;
  5. the Judges of the Supreme Court;
  6. the Governors of States and the administrators of Union territories;
  7. the Speakers of the State Legislative Assemblies;
  8. the Chairman of the State Legislative Councils;
  9. the Ministers of States;
  10. the Judges of the High Courts; and
  11. the persons to whom section 87B applies.

(3) Where any person claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.

Text note: The uploaded source reproduces subsections (1) and (3) but omits subsection (2). The text above preserves those supplied provisions; consult the current official statute for the complete section, including any applicable amendments.

Meaning and scope of Section 133 CPC

The expression personal appearance refers to attendance by a person in court in person. Section 133 provides a specific exemption for the categories identified in the provision. It does not mean that the individual is automatically outside the court's jurisdiction or that relevant evidence can never be obtained.

The list includes constitutional office-holders such as the President, Vice-President, Governors, Speakers, certain ministers and judges, as well as persons covered by Section 87B CPC. Whether an exemption applies depends on the statutory category and the facts of the proceeding.

Does the exemption apply to every government employee?

No. Merely being a government employee, public servant or elected representative does not by itself place a person within Section 133. The person must fall within a statutory category or qualify under another applicable provision.

Examination by commission and payment of costs

When evidence from an exempt person is necessary, a civil court may use the mechanism of examination by commission under the applicable CPC provisions, including Section 75 and Order XXVI. A commission permits evidence to be recorded through a court-appointed commissioner rather than requiring attendance in the ordinary courtroom.

Under Section 133(3), where the exemption is claimed and examination by commission becomes necessary, the person claiming the privilege pays the costs unless the party requiring the evidence pays them. The precise procedural directions and allocation of expenses depend on the court's order and applicable rules.

  • Section 132 CPC deals with exemption from personal appearance for certain women.
  • Section 87B CPC addresses the application of specified provisions relating to rulers of former Indian States and is expressly referred to in Section 133(1).
  • Section 75 and Order XXVI CPC provide the general statutory framework for issuing commissions and examining witnesses through commissioners.
  • Section 135 CPC concerns exemption from arrest under civil process, a separate question from personal appearance.

For the authoritative consolidated legislation, consult the India Code official legislation portal and the applicable court rules. Local amendments and procedural rules may also be relevant.

Practical point: A claim of exemption should identify the relevant statutory category. The court can then determine how any necessary evidence should be recorded, while preserving the rights of the parties to the proceeding.

Frequently asked questions

Who is exempt from personal appearance under Section 133 CPC?

Section 133(1) identifies specified constitutional office-holders, ministers, judges and persons covered by Section 87B. The statutory exemption concerns personal appearance in civil court.

Does Section 133 prevent the court from recording the evidence of an exempt person?

No. Where testimony is necessary, the court may arrange examination by commission in accordance with applicable provisions.

Who pays the cost of a commission under Section 133(3)?

Ordinarily, the person claiming the exemption pays the commission costs, unless the party requiring the evidence pays those costs.

Is exemption from appearance the same as immunity from a civil case?

No. Section 133 concerns personal appearance, not a general immunity from civil proceedings. Other constitutional or statutory immunities must be assessed separately.

This article is for general legal information. The current statutory text, judicial decisions and applicable court rules govern individual cases.