Code of Civil Procedure (India)

Civil Procedure Code, 1908
Imperial Legislative Council (India)
Long title 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
Citation	Act No. 05 of 1908
Enacted by	Imperial Legislative Council (India)
Enacted	21 March 1908
Commenced	1 January 1909
Repeals
Civil Procedure Code, 1882

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.

History

To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it was felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of times it has withstood the test of time.

Amendments

The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of civil cases governed under the Act.

Civil Procedure Code (Amendment) Act 2015

Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.

The Code of Civil Procedure, 1908 was further amended in the year 2018.

Arrangement of Sections

Preliminary (Section 1 to 8)

Section	Description
1	Short Title, Commencement and extent
2	Definition
3	Subordination of Courts
4	Saving Clause
5	Application of the Code to Revenue Courts
6	Pecuniary Jurisdiction
7	Provincial Small Cause Courts
8	Presidency Small Cause Courts

Part 1- Suits in General

Jurisdiction of the Courts and Res-Judicata (Section 9 to 14)

Section	Description
9	Courts to try all civil suits unless barred
10	Stay of SUit
11	Res-Judicata
12	Bar to further suit
13	When foreign suit not conclusive
14	Presumption as to foreign judgements

Place of Suing (Section 15 to 25)

Section	Description
15	Court in which suits to be instituted.
16	Suits to be instituted where subject-matter situate.
17	Suits for immovable property situate within jurisdiction of different Courts.
18	Place of Institution of suit where local limits of jurisdiction of Courts are uncertain.
19	Suits for compensation for wrongs to person or movables.
20	Other suits to be instituted where defendants reside or cause of action arises.
21	Objections to jurisdiction.
21A	Bar on suit to set aside decree on objection as to place of suing.
22	Power to transfer suits which may be instituted in more than one Court.
23	To what Court application lies.
24	General power of transfer and withdrawal.
25	Power of Supreme Court to transfer suits, etc.

Institution of Suit (Section 26 to 33)

Section	Description
26	Insititution of Suit
27	Summons to defendants.
28	Service of summons where defendant resides in another State.
29	Service of foreign summonses.
30	Power to order discovery and the like.
31	Summons to witness.
32	Penalty for default.

Judgement and Decree

Section 33 - Judgement and Decree

Interest

Section 34 - Interest

Costs (Section 35, 35A and 35B)

Section	Description
35	Costs
35A	Compensatory costs in respect of false or vexatious claims or defenses.
35B	Costs for causing delay.

Part 2- Execution

General (Section 36 and 37)

Section	Description
36	Application to orders.
37	Definition of Court which passed a decree.

Courts by which decrees may be executed (Section 38 to 46)

Section	Description
38	Court by which decree may be executed.
39	Transfer of decree.
40	Transfer of decree to Court in another State.
41	Result of execution proceedings to be certified.
42	Powers of Court in executing transferred decree.
43	Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44	Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A	Execution of decrees passed by Courts in reciprocating territory
45	Execution of decrees outside India.
46	Precepts.

Questions to be determined by the Court executing decree.

Section 47 - Questions to be determined by the Court executing decree.

Limit of time for execution

Section 48 - [Repealed]

Transferees and Legal Representatives

Section	Description
49	Transferees.
50	Legal representative.

Procedure in Execution (Section 51 to 54)

Section	Description
51	Powers of Court to enforce execution.
52	Enforcement of decree against legal representative.
53	Liability of ancestral property.
54	Partition of estate or separation of share.

See also

• Courts
• Judiciary of India
• Indian Penal Code
• Indian Evidence Act
• Government of India
• Law enforcement in India
• Code of Criminal Procedure, 1973
• Administrative divisions of India
• Category:Sections of the Indian Penal Code

External links

• C.P.C (Mobile Friendly)

• Introduction to Code of Civil Procedure-Complete Analysis