Code of Civil Procedure (India)

**Civil Procedure Code**, 1908
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.^[1]

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.^[2]

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.^[3]

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.

Arrest and Detention (Section 55 to 59)

Section	Description
55	Arrest and detention.
56	Prohibition of arrest or detention of women in execution of decree for money.
57	Subsistence-allowance.
58	Detention and release.
59	Release on ground of illness.

Attachment (Section 60 to 64)

Section	Description
60	Property liable to attachment and sale in execution of decree.
61	Partial exemption of agricultural produce.
62	Seizure of property in dwelling house.
63	Property attached in execution of decrees of several Courts.
64	Private alienation of property after attachment to be void.

Sale (Section 65, 66 and 67)

Section	Description
65	Purchaser's Title
66	Repealed
67	Power for State Government to make rules as to sales of land in execution of decrees for payment of money.

Delegation to Collector of Power to execute decrees against immovable property.

Section 68 to 72 - Repealed.

Distribution of Assets

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

Resistance to Execution

Section 74 - Resistance to execution.

Part 3- Incidental Proceedings

Commissions (Section 75 to 78)

Section	Description
75	Power of Court to issue commissions.
76	Commission to another Court.
77	Letter of request.
78	Commissions issued by foreign Courts.

Part 4- Suits in Particular Cases

Suits by or Against the Government or Public Officers in their Official Capacity

Section	Description
79	Suits by or against Government.
80	Notice.
81	Exemption from arrest and personal appearance.
82	Execution of decree.

Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys

Section	Description
83	When aliens may sue.
84	When foreign States may sue.
85	Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86	Suits against foreign Rulers, Ambassadors and Envoys.
87	Style of foreign Rulers as parties to suits.
87A	Definitions of “foreign State” and “Ruler”.

Suits against Rulers of Former Indian States

Section 87B- Application of sections 85 and 86 to Rulers of former Indian States.

Interpleader

Section 88- Where interpleader-suit may be instituted.

Part 5- Special Proceedings

Arbitration

Section 89- Settlement of disputes outside the Court.

Special Case

Section 90- Power to state case for opinion of Court.

Public Nuisances and other Wrongful Acts affecting the public

Section	Description
91	Public nuisances and other wrongful acts affecting the public.
92	Public charities.
93	Exercise of powers of Advocate-General outside presidency-towns.

Part 6- Supplemental Proceedings

Section	Description
94	Supplemental proceedings.
95	Compensation for obtaining arrest, attachment or injunction on insufficient ground.

Part 7- Appeals

Appeals from Original Decrees

Section	Description
96	Appeal from original decree.
97	Appeal from final decree where no appeal from preliminary decree.
98	Decision where appeal heard by two or more Judges.
99	No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
99A	No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.

Appeals from Appellate Decrees

Section	Description
100	Second Appeal.
100A	No further appeal in certain cases.
101	Second appeal on no other grounds.
102	No second appeal in certain cases.
103	Power of High Court to determine issues of fact.

Appeals from Orders

Section	Description
104	Orders from which appeal lies.
105	Other Orders.
106	What Courts to hear appeals.

General Provisions relating to Appeals

Section	Description
107	Powers of Appellate Court.
108	Procedure in appeals from appellate decrees and orders.

References

^ "Law Commission 27th Report" (PDF). Archived (PDF) from the original on 17 August 2013. Retrieved 1 April 2014.
^ "The Code of Civil Procedure (Amendment) Act, 2002" (PDF). Archived from the original (PDF) on 28 January 2018.
^ "Commercial Courts Act, 2015 contd.: Important changes in provisions of CPC | Indialaw Blog". Indialaw Blog. 22 January 2016. Archived from the original on 2 September 2018. Retrieved 3 September 2018.

External links

C.P.C (Mobile Friendly)

Introduction to Code of Civil Procedure-Complete Analysis

[CPC_History-1] "Law Commission 27th Report" (PDF). Archived (PDF) from the original on 17 August 2013. Retrieved 1 April 2014.

[2] "The Code of Civil Procedure (Amendment) Act, 2002" (PDF). Archived from the original (PDF) on 28 January 2018.

[indianlaw-3] "Commercial Courts Act, 2015 contd.: Important changes in provisions of CPC | Indialaw Blog". Indialaw Blog. 22 January 2016. Archived from the original on 2 September 2018. Retrieved 3 September 2018.

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