THE CODE OF CIVIL PROCEDURE, 1908

(Act No. 5 of 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 here! enacted as follows"#
PRELIMINARY
$. Short title% commencement and extent# &$' (his Act ma! e cited as the Code of Civil
)rocedure% $*+,.
&-' .t shall come into force on the first da! of Januar!% $*+*.
/-0/&1' .t extends to the whole of .ndia except#
&a' the State of Jammu and 2ashmir;
&' the State of 3agaland and the trial areas "
)rovided that the State 4overnment concerned ma!% ! notification in the 5fficial 4a6ette% extend
the provisions of this Code or an! of them to the whole or part of the State of 3agaland or such
trial areas% as the case ma! e% with such supplemental% incidental or conse7uential
modifications as ma! e specified in the notification.
Explanation#.n this clause% 8trial areas8 means the territories which% immediatel! efore the -$st
da! of Januar!% $*9- were included in the trial areas of Assam as referred to in paragraph -+ of
the Sixth Schedule to the Constitution.
&:' .n relation to the Amindivi .slands% and the East 4odavari% West 4odavari and ;isa<hapatnam
Agencies in the State of Andhra )radesh and the =nion territor! of >a<shadweep% the application
of this Code shall e without pre?udice to the application of an! rule or regulation for the time
eing in force in such .slands% Agencies or such =nion territor!% as the case ma! e% relating to
the application of this Code.0
-. @efinitions# .n this Act% unless there is an!thing repugnant in the su?ect or context%#
&$' 8Code8 includes rules;
&-' 8decree8 means the formal expression of an ad?udication which% so far as regards the Court
expressing it% conclusivel! determines the rights of the parties with regard to all or an! of the
matters in controvers! in the suit and ma! e either preliminar! or final. .t shall e deemed to
include the re?ection of a plaint and the determination of an! 7uestion within /10A A A section $::%
ut shall not include#
&a' an! ad?udication from which an appeal lies as an appeal from an order% or
&' an! order of dismissal for default.
Explanation#A decree is preliminar! when further proceedings have to e ta<en efore the suit
can e completel! disposed of. .t is final when such ad?udication completel! disposes of the suit%
it ma! e partl! preliminar! and partl! final;
&1' 8decree#holder8 means an! person in whose favour a decree has een passed or an order
capale of execution has een made;
&:' 8district8 means the local limits of the ?urisdiction of a principal Civil Court of original ?urisdiction
&hereinafter called a 8@istrict Court8'% and includes the local limits of the ordinar! original civil
?urisdiction of a High Court;
&B' 8foreign Court8 means a Court situate outside .ndia and not estalished or continued ! the
authorit! of the Central 4overnment;
&C' 8foreign ?udgment8 means the ?udgment of a foreign Court;
&9' 84overnment )leader8 includes an! officer appointed ! the State 4overnment to perform all
or an! of the functions expressl! imposed ! this Code on the 4overnment )leader and also an!
pleader acting under the directions of the 4overnment )leader;
&9A' 8High Court8 in relation to the Andaman and 3icoar .slands% means the High Court in
Calcutta;
&9D' 8.ndia8% except in sections $% -*% :1% ::% ::A% 9,% 9*% ,-% ,1 and ,9A% means the territor! of
.ndia excluding the State of Jammu and 2ashmir;
&,' 8Judge8 means the presiding officer of a Civil Court;
&*' 8?udgment8 means the statement given ! the ?udge of the grounds of a decree or order;
&$+' 8?udgment#detor8 means an! person against whom a decree has een passed or an order
capale of execution has een made;
&$$' 8legal representative8 means a person who in law represents the estate of a deceased
person% and includes an! person who intermeddles with the estate of the deceased and where a
part! sues or is sued in a representative character the person on whom the estate devolves on
the death of the part! so suing or sued;
&$-' 8means profits8 of propert! means those profits which the person in wrongful possession of
such propert! actuall! received or might with ordinar! diligence have received therefrom% together
with interest on such profits% ut shall not include profits due to improvements made ut the
person in wrongful possession;
&$1' 8movale propert!8 includes growing crops;
&$:' 8order8 means the formal expression of an! decision of a Civil Court which is not a decree;
&$B' 8pleader8 means an! person entitled to appear and plead for another in Court% and includes
an advocate% a va<il and an attorne! of a High Court;
&$C' 8prescried8 means prescried ! rules "
&$9' 8pulic officer8 means a person falling under an! of the following descriptions% namel!"#
&a' ever! Judge;
&' ever! memer of /:0/an All#.ndia Service0;
&c' ever! commissioned or ga6etted officer in the militar!% naval or air forces of the =nion while
serving under the 4overnment.
&d' ever! officer of a Court of Justice whose dut! it is% as such officer% to investigate or report on
an! matter of law or fact% or to ma<e% authenticate or <eep an! document% or to ta<e charge or
dispose of an! propert!% or to execute an! ?udicial process% or to administer an! oath% or to
interpret% or to preserve order% in the court% and ever! person especiall! authori6ed ! a Court of
Justice to perform an! of such duties"
&e' ever! person who holds and office ! virtue of which he is empowered to place or <eep an!
person in confinement;
&f' ever! officer of the 4overnment whose dut! it is% as such officer% to prevent offences to give
information of offences% to ring offenders to ?ustice% or to protect the pulic health% safet! or
convenience;
&g' ever! officer whose dut! it is% as such officer% to ta<e% receive% <eep or expend an! propert! on
ehalf of the 4overnment% or to ma<e an! surve!% assessment or contract on ehalf of the
4overnment% or to execute an! revenue process% or to investigate% or to report on% an! matter
affecting the pecuniar! interests of the 4overnment% or to ma<e% authenticate or <eep an!
document relating to the pecuniar! interests of the 4overnment% or to prevent the infraction of an!
law for the protection of the pecuniar! interests of the 4overnment; and
&h' ever! officer in the service or pa! of the 4overnment% or remunerated ! fees or commission
for the performance of an! pulic dut!;
&$,' 8rules8 means rules and forms contained in the Eirst Schedule or made under section $-- or
section $-B;
&$*' 8share in a corporation8 shall e deemed to include stoc<% deenture stoc<% deentures or
onds; and
&-+' 8signed8% save in the case of a ?udgment or decree% includes stamped.
1. Suordination of Courts# Eor the purposes of this Code% the @istrict Court is suordinate to the
High Court% and ever! Civil Court of a grade inferior to that of a @istrict Court and ever! Court of
Small Causes is suordinate to the High Court and @istrict Court.
:. Savings# &$' .n the asence of an! specific provision to the contrar!% nothing in this Code shall
e deemed to limit or otherwise affect an! special or local law now in force or an! special
?urisdiction or power conferred% or an! special form of procedure prescried% ! or under an!
other law for the time in force.
&-' .n particular and without pre?udice to the generalit! of the proposition contained in su#section
&$' nothing in this Code shall e deemed to limit or otherwise affect an! remed! which a
landholder or landlord ma! have under an! law for the time eing in force for the recover! of rent
of agricultural land from the produce of such land.
B. Application of the Code of Revenue Courts# &$' Where an! Revenue Courts are governed !
the provisions of this Code in those matters of procedure upon which an! special enactment
applicale to them is silent% the State 4overnment ma!% ! notification in the 5fficial 4a6ette%
declare that an! portions of those provisions which are not expressl! made applicale ! this
Code shall not appl! to those Courts% or shall onl! appl! to them with such modifications as the
State 4overnment ma! prescrie.
&-' 8Revenue Court8 in su#section &$' means a Court having ?urisdiction under an! local law to
entertain suits or other proceedings relating to the rent% revenue or profits of land used for
agricultural purposes% ut does not include a Civil Court having original ?urisdiction under this
Code to tr! such suits or proceedings as eing suits or proceedings of a civil nature.
C. )ecuniar! ?urisdiction# Save in so far as is otherwise expressl! provided% nothing herein
contained shall operate to give an! Court ?urisdiction over suits the amount or value of the
su?ect#matter of which exceeds the pecuniar! limits &if an!' of its ordinar! ?urisdiction.
9. )rovincial Small Cause Courts# (he following provisions shall not extend to Courts constituted
under the )rovincial Small Cause Courts Act% $,,9 &* of $,,9' or under the Derar Small Cause
Courts >aws% $*+B% or to Courts exercising the ?urisdiction of a Court of Small Causes under the
said Act or >aw or to Courts in an! part of .ndia to which the said Act does not extend exercising
a corresponding ?urisdiction that is to sa!%#
&a' so much of the od! of the Code as relates to#
&i' suits excepted from the cogni6ance of a Court of Small Causes;
&ii' the execution of decrees in such suits;
&iii' the execution of decrees against immovale propert! ; and
&' the following sections% that is to sa!%#
section *%
sections *$ and *-%
sections *: and *B so far as the! authori6e or relate to#
&i' orders for the attachment of immovale propert!;
&ii' in?unctions%
&iii' the appointment of a receiver of immovale propert!% or
&iv' the interlocutor! orders referred to in clause &e' of section *: and
sections *C to $$- and $$B.
,. )residenc! Small Cause Courts# Save as provided in sections -:% 1, to :$% 9B% clauses &a'% &'
and &c'% 9C /B0/99% $B9 and $B,0% and ! the )residenc! Small Cause Courts Act% $,,-% &$B of
$,,-' the provisions in the od! of this Code shall not extend to an! suit or proceedings in an!
Court of Small Causes estalished in the towns of Calcutta% Fadras and Doma! "
)rovided that #
&$' the High Courts of Judicature at Eort William Fadras and Doma!% as the case ma! e% ma!
from time to time% ! notifications in the 5fficial 4a6ette% direct that an! such provisions not
inconsistent with the express provisions of the )residenc! Small Cause Courts Act% $,,-% &$B of
$,,-' and with such modifications and adaptation as ma! e specified in the notification% shall
extend to suits or proceedings or an! class of suits or proceedings in such Court"
&-' all rules heretofore made ! an! of the said High Courts under section * of the )residenc!
Small Cause Courts Act% $,,- & $B of $,,-' shall e deemed to have een validl! made.
S(A(E AFE3@FE3(S
4u?arat# After the words Calcutta% Fadras and Doma! the words 8and in the Cit! of Ahmedaad8
shall e inserted.
/4u?arat Act 3o. G.G of $*C$0.
PART I!UIT! IN "ENERAL
Jurisdiction of the Courts and Res judicata
9. Courts to try all civil suits unless barred? The Courts shall (subject to the provisions herein contained)
have jurisdiction to try all suits of a civil nature excepting suits of hich their cogni!ance is either
expressly or i"pliedly barred.
#$% #&xplanation '%.?( suit in hich the right to property or to an office is contested is a suit of a civil
nature) notithstanding that such right "ay depend entirely on the decision of *uestions as to religious rites
or cere"onies.
#+% #&xplanation ''%. ,or the purposes of this section) it is i""aterial hether or not any fees are attached to
the office referred to in &xplanation ' or hether or not such office is attached to a particular place.%.
-T(T& (.&/0.&/T-
.aharashtra? (fter section 9 insert the folloing section 9(.
19(. 2here at the hearing of application relating to interi" relief in a suit) objection to jurisdiction is ta3en
such issue to be decided by the court as a preli"inary issue4? (5) /otithstanding anything contained in
this code or any other la for the ti"e being in force) if at the hearing of any application for granting or
setting aside an order granting any interi" relief) hether by ay of stay) injunction) appoint"ent of a
receiver or otherise) "ade in any suit) on objection to jurisdiction of the court to entertain such suit is
ta3en by any of the parties to the suit the court shall proceed to deter"ine at the hearing of such application
the issue as to the jurisdiction as a preli"inary issue before granting for setting aside the order granting the
interi" relief. (ny such application shall be heard and disposed of by the court as expeditiously as possible
and shall not in any case be adjourned to the hearing of the suit.
(6) /otithstanding anything contained in sub7section (5)) at the hearing of any such application the court
"ay grant such interi" relief as it "ay consider necessary) pending deter"ination by it of the preli"inary
issue as to the jurisdiction1.
#.aharashtra (ct /o. $8 of 59++%.
59. -tay of suit? /o Court shall proceed ith the trial of any suit in hich the "atter in issue is also
directly and substantially in issue in a previously instituted suit beteen the sa"e parties) or beteen
parties under ho" they or any of the" clai" litigating under the sa"e title here such suit is pending in
the sa"e or any other Court in 'ndia having jurisdiction to grant the relief clai"ed) or in any Court beyond
the li"its of 'ndia established or continued by the Central :overn"ent and having li3e jurisdiction) or
before the -upre"e Court.
&xplanation?The pendency of a suit in a foreign Court does not preclude the Courts in 'ndia fro" trying a
suit founded on the sa"e cause of action.
55. Res judicata? /o Court shall try any suit or issue in hich the "atter directly and substantially in issue
has been directly and substantially in issue in a for"er suit beteen the sa"e parties) or beteen parties
under ho" they or any of the" clai") litigating under the sa"e title) in a Court co"petent to try such
subse*uent suit or the suit in hich such issue has been subse*uently raised) and has been heard and finally
decided by such Court.
&xplanation '.?The expression 1for"er suit1 shall denote a suit hich has been decided prior to the suit in
*uestion hether or not it as instituted prior thereto.
&xplanation ''.?,or the purposes of this section) the co"petence of a Court shall be deter"ined irrespective
of any provisions as to a right of appeal fro" the decision of such Court.
&xplanation '''.?The "atter above referred to "ust in the for"er suit have been alleged by one party and
either denied or ad"itted) expressly or i"pliedly) by the other.
&xplanation ';.?(ny "atter hich "ight and ought to have been "ade ground of defence or attac3 in such
for"er suit shall be dee"ed to have been a "atter directly and substantially in issue in such suit.
&xplanation ;.?(ny relief clai"ed in the plaint) hich is not expressly granted by the decree) shall) for the
purposes of this section) be dee"ed to have been refused.
&xplanation ;'.?2here persons litigate bona fide in respect of public right or of a private right clai"ed in
co""on for the"selves and others) all persons interested in such right shall) for the purposes of this
section) be dee"ed to clai" under the persons so litigating.
#<% #&xplanation ;''.?The provisions of this section shall apply to a proceeding for the execution of a
decree and reference in this section to any suit) issue or for"er suit shall be construed as references)
respectively) to proceedings for the execution of the decree) *uestion arising in such proceeding and a
for"er proceeding for the execution of that decree.
&xplanation ;'''.?(n issue heard and finally decided by a Court of li"ited jurisdiction) co"petent to
decide such issue) shall operate as res judicata in as subse*uent suit) notithstanding that such Court of
li"ited jurisdiction as not co"petent to try such subse*uent suit or the suit in hich such issue has been
subse*uently raised.%
56. =ar to further suit.? 2here a plaintiff is precluded by rules fro" instituting a further suit in respect of
any particular cause of action) he shall not be entitled to institute a suit in respect of such cause of action in
any Court to hich this Code applies.
5>. 2hen foreign judg"ent not conclusive? ( foreign judg"ent shall be conclusive as to any "atter
thereby directly adjudicated upon beteen the sa"e parties or beteen parties under ho" they or any of
the" clai" litigating under the sa"e title except?
(a) here it has not been pronounced by a Court of co"petent jurisdiction?
(b) here it has not been given on the "erits of the case?
(c) here it appears on the face of the proceedings to be founded on an incorrect vie of international la
or a refusal to recognise the la of 'ndia in cases in hich such la is applicable?
(d) here the proceedings in hich the judg"ent as obtained are opposed to natural justice?
(e) here it has been obtained by fraud?
(f) here it sustains a clai" founded on a breach of any la in force in 'ndia.
5@. Aresu"ption as to foreign judg"ents.? The Court shall presu"e upon the production of any docu"ent
purporting to be a certified copy of a foreign judg"ent that such judg"ent as pronounced by a Court of
co"petent jurisdiction) unless the contrary appears on the record? but such presu"ption "ay be displaced
by proving ant of jurisdiction.
Alace of suing
58. Court in hich suits to be instituted? &very suit shall be instituted in the Court of the loest grade
co"petent to try it.
5$. -uits to be instituted here subject7"atter situate? -ubject to the pecuniary or other li"itations
prescribed by any la) suits?
(a) for the recovery of i""ovable property ith or ithout rent or profits)
(b) for the partition of i""ovable property)
(c) for foreclosure) sale or rede"ption in the case of a "ortgage of or charge upon i""ovable property)
(d) for the deter"ination of any other right to or interest in i""ovable property)
(e) for co"pensation for rong to i""ovable property)
(f) for the recovery of "ovable property actually under distraint or attach"ent)
shall be instituted in the Court ithin the local li"its of hose jurisdiction the property is situate4
Arovided that a suit to obtain relief respecting) or co"pensation for rong to) i""ovable property held by
or on behalf of the defendant) "ay here the relief sought can be entirely obtained through his personal
obedience be instituted either in the Court ithin the local li"its of hose jurisdiction the property is
situate) or in the Court ithin the local li"its of hose jurisdiction the defendant actually and voluntarily
resider) or carries on business) or personally or3s for gain.
&xplanation.? 'n this section 1property1 "eans property situate in 'ndia.
5+. -uits for i""ovable property situate ithin jurisdiction of different Courts? 2here a suit is to obtain
relief respecting) or co"pensation for rong to) i""ovable property situate ithin the jurisdiction of
different Court) the suit "y be instituted in any Court ithin the local li"its of hose jurisdiction any
portion of the property is situate 4
Arovided that) in respect of the value of the subject "atter of the suit) the entire clai" is cogni!able by such
Court.
5<. Alace of institution of suit here local li"its of jurisdiction of Courts are uncertain? (5) 2here it is
alleged to be uncertain ithin the local li"its of the jurisdiction of hich of to or "ore Courts any
i""ovable property is situate) any one of those Courts "ay) if satisfied that there is ground for the alleged
uncertainty) record a state"ent to that effect and thereupon proceed to entertain and dispose of any suit
relating to that property) and its decree in the suit shall have the sa"e effect as if the property ere situate
ithin the local li"its of its jurisdiction 4
Arovided that the suit is one ith respect to hich the Court is co"petent as regards the nature and value of
the suit to exercise jurisdiction.
(6) 2here a state"ent has not been recorded under sub7section (5)) and objection is ta3en before an
(ppellate or Revisional Court that a decree or order in a suit relating to such property as "ade by a Court
not having jurisdiction here the property is situate) the (ppellate or Revisional Court shall not allo the
objection unless in its opinion there as) at the ti"e of the institution of the suit) no reasonable ground for
uncertainty as to the Court having jurisdiction ith respect thereto and there has been a conse*uent failure
of justice.
59. -uits for co"pensation for rongs to person or "ovable? 2here a suit is for co"pensation for rong
done to the person or to "ovable property) if the rong as done ithin the local li"its of the jurisdiction
of one Court and the defendant resides) or carries on business) or personally or3s for gain) ithin the local
li"its of the jurisdiction of another Court) the suit "ay be instituted at the option of the plaintiff in either of
the said Courts.
'llustrations
(a) () residing in 0elhi) beats = in Calcutta. = "ay sue ( either in Calcutta or in 0elhi.
(b) () residing in 0elhi) publishes in Calcutta state"ents defa"atory of =. = "ay sue ( either in Calcutta
or in 0elhi.
69. Bther suits to be instituted here defendants reside or cause of action arises? -ubject to the li"itations
aforesaid) every suit shall be instituted in Court ithin the local li"its of hose jurisdiction?
(a) the defendant) or each of the defendants here there are "ore than one) at the ti"e of the
co""ence"ent of the suit) actually and voluntarily resides) or carries on business) or personally or3s for
gain? or
(b) any of the defendants) here there are "ore than one) at the ti"e of the co""ence"ent of the suit
actually and voluntarily resides) or carries on business) or personally or3s for gain) provided that in such
case either the leave of the Court is given) or the defendants ho do not reside) or carry on business) or
personally or3 for gain) as aforesaid) ac*uiesce in such institution? or
(c) the cause of action) holly or in part) arises.
#9% #C C C C%
#59% #&xplanation%.?( corporation shall be dee"ed to carry on business at its sole or principal office in
'ndia or) in respect of any cause of action arising at any place here it has also a subordinate office) at such
place.
'llustrations
(a) ( is a trades"an in Calcutta) = carries on business in 0elhi. =) by his agent in Calcutta) buys goods of
( and re*uests ( to deliver the" to the &ast 'ndian Railay Co"pany. ( delivers the goods accordingly in
Calcutta. ( "ay sue = for the price of the goods either in Calcutta) here the cause of action has arisen or
in 0elhi) here = carries on business.
(b) ( resides at -i"la) = at Calcutta and C at 0elhi () = and C being together at =enaras) = and C "a3e a
joint pro"issory note payable on de"and) and deliver it to (. ( "ay sue = and C at =enaras) here the
cause of action arose. De "ay also sue the" at Calcutta) here = resides) or at 0elhi) here C resides? but
in each of these cases) if the non7resident defendant object) the suit cannot proceed ithout the leave of the
Court.
65. Bbjections to jurisdiction? #55%#(5)% /o objection as to the place of suing shall be alloed by any
appellate or Revisional Court unless such objection as ta3en in the Court of first instance at the earliest
possible opportunity and in all cases here issues or settled at or before such settle"ent) and unless there
has been a conse*uent failure of justice.
#56% #6) /o objection as to the co"petence of a Court ith reference to the pecuniary li"its of its
jurisdiction shall be alloed by any (ppellate or Revisional Court unless such objection as ta3en in the
Court of first instance at the earliest possible opportunity) and in all cases here issues are settled) at or
before such settle"ent) and unless there has been a conse*uent failure of justice.
(>) /o objection as to the co"petence of the executing Court ith reference to the local li"its of its
jurisdiction shall be alloed by any (ppellate or Revisional Court unless such objection as ta3en in the
executing Court at the earliest possible opportunity) and unless there has been a conse*uent failure of
justice.%
#5>%#65(. =ar on suit to set aside decree on objection as to place of suing? /o suit shall lie challenging the
validity of a decree passed in a for"er suit beteen the sa"e parties) or beteen the parties under ho"
they or any of the" clai") litigating under the sa"e title) on any ground based on an objection as to the
place of suing.
&xplanation.?The expression 1for"er suit1 "eans a suit hich has been decided prior to the decision in the
suit in hich the validity of the decree is *uestioned) hether or not the previously decided suit as
instituted prior to the suit in hich the validity of such decree is *uestioned%.
66. Aoer to transfer suits hich "ay be instituted in "ore than one Court? 2here a suit "ay be instituted
in any one of to or "ore Courts and is instituted in one of such Courts) any defendant) after notice to the
other parties) "ay) at the earliest possible opportunity and in all cases here issues are settled at or before
such settle"ent) apply to have the suit transferred to another Court) and the Court to hich such application
is "ade) after considering the objections of the other parties (if any)) shall deter"ine in hich of the several
Courts having jurisdiction the suit shall proceed.
6>. To hat Court application lies.? (5) 2here the several Courts having jurisdiction are subordinate to the
sa"e (ppellate Court) an application under section 66 shall be "ade to the (ppellate Court.
(6) 2here such Courts are subordinate to different (ppellate Courts but to the sa"e Digh Court) the
application shall be "ade to the said Digh Court.
(>) 2here such Courts are subordinate to different Digh Courts) the application shall be "ade the Digh
Court ithin the local li"its of hose jurisdiction the Court in hich the suit is brought is situate.
6@. :eneral poer of transfer and ithdraal? (5) Bn the application of any of the parties and after notice
to the parties and after hearing such of the" as desired to be heard) or of its on "otion ithout such
notice) the Digh Court or the 0istrict Court "ay at any stage?
(a) transfer any suit) appeal or other proceeding pending before it for trial or disposal to any Court
subordinate to it and co"petent to try or dispose of the sa"e) or
(b) ithdra any suit) appeal or other proceeding pending in any Court subordinate to it) and?
(i) try or dispose of the sa"e? or
(ii) transfer the sa"e for trial or disposal to any Court subordinate to it and co"petent to try or dispose of
the sa"e? or
(iii) retransfer the sa"e for trial or disposal to the Court fro" hich it as ithdran
(6) 2here any suit or proceeding has been transferred or ithdran under sub7section (5)) the Court hich
#5@%#is thereafter to try or dispose of such suit or proceeding% "ay) subject to any special directions in the
case of any order of transfer) either retry it or proceed fro" the point at hich it as transferred or
ithdran.
#58% #(>) ,or the purposes of this section)?
(a) Courts of (dditional and (ssistant Judges shall be dee"ed to be subordinate to the 0istrict Court?
(b) 1proceeding1 includes a proceeding for the execution of a decree or order.%
(@) the Court trying any suit transferred or ithdran under this section fro" a Court of -"all Causes
shall) for the purposes of such suit) be dee"ed to be a Court of -"all Causes.
#5$% #(8) ( suit or proceeding "ay be transferred under this section fro" a Court hich has no jurisdiction
to try it.%
#5+%#68. Aoer of -upre"e Court to transfer suits) etc.? (5) Bn the application of a party) and after notice to
the parties) and after hearing such of the" as desire to be heard) the -upre"e Court "ay) at any stage) if
satisfied that an order under this section is expedient for the ends of justice) direct that any suit) appeal or
other proceeding be transferred fro" a Digh Court or other Civil Court in one -tate to a Digh Court or
other Civil Court in any other -tate.
(6) &very application under this section shall be "ade by a "otion hich shall be supported by an affidavit.
(>) The Court to hich such suit) appeal or other proceeding is transferred shall) subject to any special
directions in the order of transfer) either retry it or proceed fro" the stage at hich it as transferred to it.
(@) 'n dis"issing any application under this section) the -upre"e Court "ay) if it is of opinion that the
application as frivolous or vexatious) order the applicant to pay by ay of co"pensation to any person
ho has opposed the application such su") not exceeding to thousand rupees) as it considers appropriate
in the circu"stances of the case.
(8) The la applicable to any suit) appeal or other proceeding transferred under this section shall be the la
hich the Court in hich the suit) appeal or other proceeding as originally instituted ought to have
applied to such suit) appeal or proceeding.%
'nstitution of suits
6$. 'nstitution of suits? &very suit shall be instituted by the presentation of a plaint or in such other "anner
as "ay be prescribed.
-u""ons and 0iscovery
6+. -u""ons to defendants? 2here a suit has been duly instituted) a su""ons "ay be issued to the
defendant to appear and anser the clai" and "ay be served in "anner prescribed.
6<. -ervice of su""ons here defendant resides in another -tate? (5) ( su""ons "ay be sent for service
in another -tate to such Court and in such "anner as "ay be prescribed by rules in force in that -tate.
(6) The Court to hich such su""ons is sent shall) upon receipt thereof) proceed as if it had been issued by
such Court and shall then return the su""ons to the Court of issue together ith the record (if any) of its
proceedings ith regard thereto.
#5<% #(>) 2here the language of the su""ons sent for service in another -tate is different fro" the
language of the record referred to in sub7 section (6)) a translation of the record)?
(a) in Dindi) here the language of the Court issuing the su""ons is Dindi) or
(b) in Dindi or &nglish here the language of such record is other than Dindi or &nglish)
shall also be sent together ith the record sent under that sub7section%.
69. -ervice of foreign su""onses? -u""ons and other processes issued by?
(a) any Civil or Revenue Court established in any part of 'ndia to hich the provisions of this Code do not
extent) or
(b) any Civil or Revenue Court established or continued by the authority of the Central :overn"ent outside
'ndia) or
(c) any other Civil or Revenue Court outside 'ndia to hich the Central :overn"ent has) by notification in
the Bfficial :a!ette) declared the provisions of this section to apply)
"ay be sent to the Courts in the territories to hich this Code extends) and served as if they ere
su""onses issued by such Courts.
>9. Aoer to order discovery and the li3e? -ubject to such conditions and li"itations as "ay be prescribed)
the Court "ay) at any ti"e) either of its on "otion or on the application of any party)?
(a) "a3e such orders as "ay be necessary or reasonable in all "atters relating to the delivery and
ansering of interrogatories) the ad"ission of docu"ents and facts) and the discovery) inspection)
production) i"pounding and return of docu"ents or other "aterial objects producible as evidence?
(b) issue su""onses to persons hose attendance is re*uired either to give evidence or to produce
docu"ents or such other objects as aforesaid?
(c) order any fact to be proved by affidavit.
>5. -u""ons to itness? The provisions in sections 6+) 6< and 69 shall apply to su""onses to give
evidence or to produce docu"ents or other "aterial objects.
>6. Aenalty for default ?The Court "ay co"pel the attendance of any person to ho" a su""ons has been
issued under section >9 and for that purpose "ay?
(a) issue a arrant for his arrest?
(b) attach and sell his property?
(c) i"pose a fine upon hi" not exceeding five hundred rupees?
(d) order hi" to furnish security for his appearance and in default co""it hi" to the civil prison.
Judg"ent and decree
>>. Judg"ent and decree? The Court) after the case has been heard) shall pronounce judg"ent) and on such
judg"ent a decree shall follo.
'nterest
>@. 'nterest? (5) 2here and in so far as a decree is for the pay"ent of "oney) the Court "ay) in the decree)
order interest at such rate as the Court dee"s reasonable to be paid on the principal su" adjudged) fro" the
date of the suit to the date of the decree) in addition to any interest adjudged on such principal su" for any
period prior to the institution of the suit) ith further interest at such rate not exceeding six per cent) per
annu" as the Court dee"s reasonable on such principal su" fro" the date of the decree to the date of
pay"ent) or to such earlier date as the Court thin3s fit 4
#59% #Arovided that here the liability in relation to the su" so adjudged had arisen out of a co""ercial
transaction) the rate of such further interest "ay exceed six per cent) per annu") but shall not exceed the
contractual rate of interest or here there is no contractual rate) the rate at hich "oneys are lent or
advanced by nationalised ban3s in relation to co""ercial transactions.
&xplanation '.?'n this sub7section) 1nationalised ban31 "eans a corresponding ne ban3 as defined in the
=an3ing Co"panies ((c*uisition and Transfer of Enderta3ings) (ct 59+9 (8 of 59+9).
&xplanation ''.?,or the purposes of this section) a transaction is a co""ercial transaction) if it is connected
ith the industry) trade or business of the party incurring the liability.%
(6) 2here such a decree is silent ith respect to the pay"ent of further interest on such principal su" fro"
the date of the decree to the date of pay"ent or other earlier date) the Court shall be dee"ed to have refused
such interest) and a separate suit therefore shall not lie.
Costs
>8. Costs? (5) -ubject to such conditions and li"itations as "ay be prescribed) and to the provisions of la
for the ti"e being in force) the costs of and incident to all suits shall be in the discretion of the Court) and
the Court shall have full poer to deter"ine by ho" or out of hat property and to hat extent such costs
are to be paid) and to give all necessary directions for the purposes aforesaid. The fact that the Court has no
jurisdiction to try the suit shall be no bar to the exercise of such poers.
(6) 2here the Court directs that any costs shall not follo the event) the Court shall state its reasons in
riting.
>8(. Co"pensatory costs in respect of false or vexatious clai"s or defenses? (5) 'f any suit or other
proceedings including an execution proceedings but #69%#excluding an appeal or a revision% any party
objects to the clai" of defence on the ground that the clai" or defence or any part of it is) as against the
objector) false or vexatious to the 3noledge of the party by ho" it has been put forard) and if
thereafter) as against the objector) such clai" or defence is disalloed) abandoned or ithdran in hole
or in part) the Court if it so thin3s fit) "ay) after recording its reasons for holding such clai" or defence to
be false or vexatious) "a3e an order for the pay"ent to the object or by the party by ho" such clai" or
defence has been put forard) of cost by ay of co"pensation.
(6) /o Court shall "a3e any such order for the pay"ent of an a"ount exceeding #65%#three thousand
rupees% or exceeding the li"its of it pecuniary jurisdiction) hichever a"ount is less4
Arovided that here the pecuniary li"its of the jurisdiction of any Court exercising the jurisdiction of a
Court of -"all Causes under the Arovincial -"all Cause Courts (ct) 5<<+ (9 of 5<<+) or under a
corresponding la in force in any part of 'ndia to hich the said (ct does not extend and not being a Court
constituted under such (ct or la) are less than to hundred and fifty rupees) the Digh Court "ay e"poer
such Court to aard as costs under this section any a"ount not exceeding to hundred and fifty rupees and
not exceeding those li"its by "ore than one hundred rupees 4
Arovided) further) that the Digh Court "ay li"it the a"ount or class of Courts is e"poered to aard as
costs under this -ection.
(>) /o person against ho" an order has been "ade under this section shall) by reason thereof) be
exe"pted fro" any cri"inal liability in respect of any clai" or defence "ade by hi".
(@) The a"ount of any co"pensation aarded under this section in respect of a false or vexatious clai" or
defence shall be ta3en into account in any subse*uent suit for da"ages or co"pensation in respect of such
clai" or defence.
-T(T& (.&/0.&/T-
Ettar Aradesh? (i) ,or sub7section (5) of section >8( substitute the folloing.
1(5) 'f any suit or other proceedings including proceedings in execution) but not being an appeal or
revision) the court finds that the clai" or defence or any part thereof is false or vaxatious to the 3noledge
of the party by ho" it has been put forard and if such clai" or defence or such part is disalloed)
abandoned or ithdran in hole or in part) the court "ay) after recording its reasons for holding such
clai" or defence to be false or vexatious) "a3e an order for the pay"ent to the successful party or costs by
ay of co"pensation irrespective of the decisions on other issues in the case1.
#E.A. (ct /o. 6@ of 598@%.
(ii) (fter sub7section (5) insert the folloing.
1(57() The provisions of sub7section (5) shall "utatis "utandis apply to an appeal here the appellate
Court confir"s the decision of the trial court and the trial court has not aarded or insufficient)
co"pensatory cost under that sub7section.
#E.A. (ct /o. 8+ of 59+$%.
#66%#>8=. Costs for causing delay? (5) 'f) on any date fixed for the hearing of a suit or for ta3ing any step
therein) a party to the suit?
(a) fails to ta3e the step hich he as re*uired by or under this Code to ta3e on that date) or
(b) obtains an adjourn"ent for ta3ing such step or for producing evidence or on any other ground)
the Court "ay) for reasons to be recorded) "a3e an order re*uiring such party to pay to the other party such
costs as ould) in the opinion of the Court) be reasonably sufficient to rei"burse the other party in respect
of the expenses incurred by hi" in attending the Court on that date) and pay"ent of such costs) on the date
next folloing the date of such order) shall be a condition precedent to the further prosecution of?
(a) the suit by the plaintiff) here the plaintiff as ordered to pay such costs.
(b) the defence by the defendant) here the defendant as ordered to pay such costs.
&xplanation.?2here separate defences have been raised by the defendants or groups of defendants)
pay"ent of such costs shall be a condition precedent to the further prosecution of the defence by such
defendants or groups of defendants as have been ordered by the Court to pay such costs.
(6) The costs) ordered to be paid under sub7section (5) shall not) if paid) be included in the costs aarded in
the decree passed in the suit? but) if such costs are not paid) a separate order shall be dran up indicating
the a"ount of such costs and the na"es and addresses of the persons by ho" such costs are payable and
the order so dran up shall be executable against such persons.%
THE CODE OF CIVIL PROCEDURE, 1908
PART II E#ECUTION
:eneral
#6>%#>$. (pplication to orders? The provisions of this Code relating to the execution of decree (including
provisions relating to pay"ent under a decree) shall) so far as they are applicable) be dee"ed to apply to the
execution of orders (including pay"ent an order).%
>+. 0efinition of Court hich passed a decree? The expression 1Court hich passed a decree1) or ords to
that effect) shall) in relation to the execution of decrees) unless there is anything repugnant in the subject or
context) be dee"ed to include)?
(a) here the decree to be executed has been passed in the exercise of appellate jurisdiction) the Court of
first instance) and
(b) here the Court of first instance has ceased to exist or to have jurisdiction to execute it) the Court
hich) if the suit herein the decree as passed as instituted at the ti"e of "a3ing the application for the
execution of the decree) ould have jurisdiction to try such suit.
#6@% #&xplanation.?The Court of first instance does not cease to have jurisdiction to execute a decree
"erely on the ground that after the institution of the suit herein the decree as passed or after the passing
of the decree) any area has been transferred fro" the jurisdiction of that Court to the jurisdiction of any
other Court? but in every such case) such other Court shall also have jurisdiction to execute the decree) if at
the ti"e of a"3ing the application for execution of the decree it ould have jurisdiction to try the said
suit.%
Courts by hich decrees "ay be executed
><. Court by hich decree "ay be executed? ( decree "ay be executed either by the court hich passed it)
or by the Court to hich it is sent for execution.
>9. Transfer of decree? (5) The Court hich passed a decree "ay) on the application of the decree7holder)
send it for execution to another Court #68%#of co"petent jurisdiction%)?
(a) if the person against ho" the decree is passed actually and voluntarily resides or carries on business)
or personally or3s for gain) ithin the local li"its of the jurisdiction of such other Court) or
(b) if such person has not property ith in the local li"its of the jurisdiction of the Court hich passed the
decree sufficient to satisfy such decree and has property ithin the local li"its of the jurisdiction of such
other Court) or
(c) if the decree directs the sale or delivery of i""ovable property situate outside the local li"its of the
jurisdiction of the Court hich passed it) or
(d) if the Court hich passed the decree considers for any other reason) hich it shall record in iring) that
the decree should be executed by such other Court.
(6) The Court hich passed the decree "ay of its on "otion send it for execution to any subordinate
Court of co"petent jurisdiction.
#6$%#(>) ,or the purposes of this section) a Court shall be dee"ed to be a Court of co"petent jurisdiction if)
at the ti"e of "a3ing the application for the transfer of decree to it) such Court ould have jurisdiction to
try the suit in hich such decree as passed.%
-T(T& (.&/0.&/T-
Ettar Aradesh? -ub7section (>) of section >9 shall be substituted.
1(>) ,or the purpose of this section) a court shall be dee"ed to be a court of co"petent jurisdiction if the
a"ount or value of the subject "atter of the suit herein the decree as passed does not exceed the
pecuniary li"its if any of its ordinary jurisdiction at the ti"e of "a3ing the application for the transfer of
decree to it) notithstanding that it had otherise no jurisdiction to try the suit1.
#E.A. (ct /o. >5 of 59+<%.
@9. Transfer of decree to Court in another -tate? 2here a decree is sent for execution in another -tate) it
shall be sent to such Court and executed in such "anner as "ay be prescribed by rules in force in that -tate.
@5. Result of execution proceedings to be certified.? The Court to hich a decree is sent for execution shall
certify to the Court hich passed it the fact of such execution) or here the for"er Court fails to execute
the sa"e the circu"stances attending such failure.
@6. Aoers of Court in executing transferred decree? #6+%#(5)% The Court executing a decree sent to it shall
have the sa"e poers in executing such decree as if it had been passed by itself. (ll persons disobeying or
obstructing the execution of the decree shall be punishable by such Court in the sa"e "anner as if it had
passed the decree. (nd its order in executing such decree shall be subject to the sa"e rules in respect of
appeal as if the decree had been passed by itself.
#6<%#(6) 2ithout prejudice to the generality of the provisions of sub7section (5) the poers of the Court
under that sub7section shall include the folloing poers of the Court passed the decree) na"ely4?
(a) poer to send the decree for execution to another Court under section >9?
(b) poer to execute the decree against the legal representative of the deceased judg"ent7debtor under
section 89?
(c) poer to order attach"ent of a decree.
(>) ( Court passing an order in exercise of the poers specified in sub7section (6) shall send a copy thereof
to the Court hich passed the decree.
(@) /othing in this section shall be dee"ed to confer on the Courts to hich a decree is sent for execution
any of the folloing poers) na"ely?
(a) poer to order execution at the instance of the transferee of the decree?
(b) in the case of a decree passed against a fir") poer to grant leave to execute such decree against any
person other than such a person as is referred to in clause (b)) or clause (c)) of sub7rule (5) of rule 89 of
Brder FF'.%
-T(T& (.&/0.&/T-
Ettar Aradesh? -ection @6 shall be substituted by folloing.
1@6. Aoer of Court in executing transferred decree4? (5) The court executing a decree sent to it shall have
the sa"e poers in executing such decree as if it had been passed by itself. (ll persons disobeying or
obstructing the decree shall be punishable by such court in the sa"e "anner as if it had passed the decree)
and its order in executing such decree shall be subject to the sa"e rules in respect of appeal as if the decree
had been passed by itself.
(6) 2ithout prejudice to the generality of the provisions of sub7section (5) the poers of the court under
that sub7section shall include the folloing poers of the court hich passed the decree) na"ely?
(a) poer to send the decree for execution to another court under section >9.
(b) poer to execute the decree against the legal representative of the deceased judg"ent debtor under
section 89.
(c) poer to order attach"ent of a decree.
(d) poer to decide any *uestion relating to the bar of li"itation to the executability of the decree.
(e) poer to record pay"ent or adjust"ent under Rule 6 of order FF'.
(f) poer to order stay of execution under Rule 69 Brder FF')
(g) in the case of a decree passed against a fir" poer to grant leave to execute such decree against any
person other than a person as is referred to in clause (b) or clause (c) of sub7rule (5) of Rule 89 of Brder
FF'.
(>) ( court passing an order in exercise of the poers specified in sub7section (6) shall send a copy there of
to the court hich passed the decree.
(@) /othing in this section shall be dee"ed to confer on the court to hich a decree is sent for execution)
the poer to order execution at the instance of the transfer of a decree1
#E.A. (ct /o. 5@ of 59+9%.
@>. &xecution of decrees passed by Civil Courts in places to hich this Code does not extend? (ny decree
passed by any Civil Court established in any part of 'ndia to hich the provisions of this Code do not
extend) or by any Court established or continued by the authority of the Central :overn"ent outside 'ndia)
"ay) if it cannot be executed ithin the jurisdiction of the Court by hich it as passed) be executed in the
"anner herein provided ithin the jurisdiction of any Court in the territories to hich this Code extends.
@@. &xecution of decrees passed by Revenue Court in places to hich this Code does not extend.? The -tate
:overn"ent "ay) by notification in the Bfficial :a!ette) declare that the decrees of any Revenue Court in
any part of 'ndia to hich the provisions of this Code do not extend or any class of such decrees) "ay be
executed in the -tate as if they had been passed by Courts in that -tate.
@@(. &xecution of decrees passed by Courts in reciprocating territory? (5) 2here a certified copy of decree
of any of the superior Courts of any reciprocating territory has been filed in a 0istrict Court) the decree
"ay be executed in 'ndia as if it had been passed by the 0istrict Court.
(6) Together ith the certified copy of the decree shall be filed a certificate fro" such superior Court
stating the extent) if any) to hich the decree has been satisfied or adjusted and such certificate shall) for
the purposes of proceedings under this section) be conclusive proof of the extent of such satisfaction or
adjust"ent.
(>) The provisions of section @+ shall as fro" the filing of the certified copy of the decree apply to the
proceedings of a 0istrict Court executing a decree under this section) and the 0istrict Court shall refuse
execution of any such decree) if it is shon to the satisfaction of the Court that the decree falls ithin any
of the exceptions specified in clauses (a) to (f) of section 5>.
&xplanation 5? 1Reciprocating territory1 "eans any country or territory outside 'ndia hich the Central
:overn"ent "ay) by notification in the Bfficial :a!ette) declare to be a reciprocating territory for the
purposes of this section? and 1superior Courts1) ith reference to any such territory) "eans such Courts as
"ay be specified in the said notification.
&xplanation 6.? 10ecree1 ith reference to a superior Court "eans any decree or judg"ent of such Court
under hich a su" of "oney is payable) not being a su" payable in respect of taxes or other charges of a
li3e nature or in respect to a fine or other penalty) but shall in no case include an arbitration aard) even if
such an aard is enforceable as a decree or judg"ent.
@8. &xecution of decrees outside 'ndia? -o "uch of the foregoing sections of this Aart as e"poers a Court
to send a decree for execution to another Court shall be construed as e"poering a Court in any -tate to
send a decree for execution to any Court established by the authority of the Central :overn"ent outside
'ndia to hich the -tate :overn"ent has by notification in the Bfficial :a!ette declared this section to
apply.
-T(T& (.&/0.&/T-
Aondicherry? (fter section @8 insert the folloing4?
1@87(. &xecution of decrees etc. passed or "ade before the Co""ence"ent of the Code in Aondicherry?
(ny Judg"ent) decree or order passed or "ade before the Co""ence"ent of this Code by any Civil Court
in the Enion Territory of Aondicherry shall for the purpose of execution be dee"ed to have been passed or
"ade under this Code.
Arovided that nothing contained in this section shall be construed as extending the period of li"itation to
hich any proceeding in respect of such judg"ent decree or order "ay be subject.1
#(ct /o. 6$ of 59$<%.
@$. Arecepts? (5) Epon the application of the decree7holder the Court hich passed the decree "ay)
henever it thin3s fit) issue a precept to any other Court hich ould be co"petent to execute such decree
to attach any property belonging to the judg"ent7debtor and specified in the precept.
(6) The Court to hich a precept is sent shall proceed to attach the property in the "anner prescribed in
regard to the attach"ent of property in execution of a decree4
Arovided that no attach"ent under a precept shall continue for "ore than to "onths unless the period of
attach"ent is extended by an order of the Court hich passed the decree or unless before the deter"ination
of such attach"ent the decree has been transferred to the Court by hich the attach"ent has been "ade and
the decree7holder has applied for an order for the sale of such property.
Guestions to be deter"ined by Court executing decree
@+. Guestions to be deter"ined by the Court executing decree? (5) (ll *uestions arising beteen the parties
to the suit in hich the decree as passed) or their representatives) and relating to the execution) discharge
or satisfaction of the decree) shall be deter"ined by the Court executing the decree and not by a separate
suit.
#69%C C C C
(>) 2here a *uestion arises as to hether any person is or is not the representative of a party) such *uestion
shall) for the purposes of this section) be deter"ined by the Court.
#>9% #&xplanation '.?,or the purposes of this section) a plaintiff hose suit has been dis"issed and a
defendant against ho" a suit has been dis"issed are parties to the suit.
&xplanation ''.?(a) ,or the purposes of this section) a purchaser of property at a sale in execution of a
decree shall be dee"ed to be a party to the suit in hich the decree is passed? and
(b) all *uestions relating to the delivery of possession of such property to such purchaser or his
representative shall be dee"ed to be *uestions relating to the execution) discharge or satisfaction of the
decree ithin the "eaning of this section.%
Hi"it of ti"e for execution
@<. #&xecution barred in certain cases%.? Rep. by the li"itation (ct) 59$> (>$ of 59$>)) s. 6< (ith effect
fro" the 5st January) 59$@)
Transferees and legal representatives
@9. Transferee? &very transferee of a decree shall hold the sa"e subject to the e*uities (if any) hich the
judg"ent7debtor "ight have enforced against the original decree7holder.
89. Hegal representative? (5) 2here a judg"ent7debtor dies before the decree has been fully satisfied) the
holder of the decree "ay apply to the Court hich passed it to execute the sa"e against the legal
representative of the deceased.
(6) 2here the decree is executed against such legal representative) he shall be liable only to the extent of
the property of the deceased hich has co"e to his hands and has not been duly disposed of? and) for the
purpose of ascertaining such liability) the Court executing the decree "ay) of its on "otion or on the
application of the decree7holder) co"pel such legal representative to produce such accounts as it thin3s fit.
Arocedure in execution
85. Aoers of Court to enforce execution? -ubject to such conditions and li"itations as "ay be prescribed)
the Court "ay) on the application of the decree7holder) order execution of the decree?
(a) by delivery of any property specifically decreed?
(b) by attach"ent and sale or by the sale ithout attach"ent of any property?
(c) by arrest and detention in prison #>5%#for such period not exceeding the period specified in section 8<)
here arrest and detention is per"issible under that section%?
(d) by appointing a receiver? or
(e) in such other "anner as the nature of the relief granted "ay re*uire4
Arovided that) here the decree is for the pay"ent of "oney) execution by detention in prison shall not be
ordered unless) after giving the judg"ent7debtor an opportunity of shoing cause hy he should not be
co""itted to prison) the Court) for reasons recorded in riting) is satisfied?
(a) that the judg"ent7debtor) ith the object or effect of obstructing or delaying the execution of the
decree)?
(i) is li3ely to abscond or leave the local li"its of the jurisdiction of the Court) or
(ii) has) after the institution of the suit in hich the decree as passed) dishonestly transferred) concealed)
or re"oved any part of his property) or co""itted any other act of bad faith in relation to his property) or
(b) that the judg"ent7debtor has) or has had since the date of the decree) the "eans to pay the a"ount of the
decree or so"e substantial part thereof and refuses or neglects or has refused or neglected to pay the sa"e)
or
(c) that the decree is for a su" for hich the judg"ent7debtor as bound in a fiduciary capacity to account.
&xplanation.?'n the calculation of the "eans of the judg"ent7debtor for the purposes of clause (b)) there
shall be left out of account any property hich) by or under any la or custo" having the force of la for
the ti"e being in force) is exe"pt fro" attach"ent in execution of the decree.
-T(T& (.&/0.&/T-
Ettar Aradesh? 'n section 85 of the Code Clause (bb) shall be inserted after clause (b).
1(bb) by transfer other than sale by attach"ent or ithout attach"ent of any property1
#E.A. (ct /o. 6@ of 598@%.
86. &nforce"ent of decree against legal representative? (5) 2here a decree is passed against a party as the
legal representative of a deceased person) and the decree is for the pay"ent of "oney out of the property of
the deceased) it "ay be executed by the attach"ent and sale of any such property.
(6) 2here no such property re"ains in the possession of the judg"ent7debtor and he fails to satisfy the
Court that he has duly applied such property of the deceased as is proved to have co"e into his possession)
the decree "ay be executed against the judg"ent7debtor to the extent of the property in respect of hich he
has failed so to satisfy the Court in the sa"e "anner as if the decree had been against hi" personally.
8>. Hiability of ancestral property? ,or the purposes of section 89 and section 86) property in the hands of a
son or other descendant hich is liable under Dindu la for the pay"ent of the debt of a deceased ancestor)
in respect of hich a decree has been passed) shall be dee"ed to be property of the deceased hich has
co"e to the hands of the son or other descendant as his legal representative.
8@. Aartition of estate or separation of share? 2here the decree is for the partition of an undivided estate
assessed to the pay"ent of revenue to the :overn"ent) or for the separate possession of a share of such an
estate) the partition of the estate or the separation of the share shall be "ade by the Collector or any
ga!etted subordinate of the Collector deputed by hi" in this behalf) in accordance ith the la (if any) for
the ti"e being in force relating to the partition) or the separate possession shares) of such estates.
(rrest and detention
88. (rrest and detention? (5) ( judg"ent7debtor "ay be arrested in execution of a decree at any hour and
on any day) and shall) as soon as practicable) be brought before the Court) and his detention "ay be in the
civil prison of the district in hich the Court ordering the detention is situate) or) here such civil prison
does not afford suitable acco""odation) in any other place hich the -tate :overn"ent "ay appoint for
the detention of persons ordered by the Courts of such district to be detained4
Arovided) firstly) that) for the purpose of "a3ing an arrest under this section) no delling7house shall be
entered after sunset and before sunrise 4
Arovided) secondly) that no outer door of a delling7house shall be bro3en open unless such delling7
house is in the occupancy of the judg"ent7debtor and he refuses or in any ay prevents access thereto) but
hen the officer authorised to "a3e the arrest has duly gained access to any delling7house) he "ay brea3
open the door of any roo" in hich he has reason to believe the judg"ent7debtor is to be found 4
Arovided) thirdly) that) if the roo" is in the actual occupancy of a o"an ho is not the judg"ent7debtor
and ho according to the custo"s of the country does not appear in public) the officer authorised to "a3e
the arrest shall give notice to her that she is at liberty to ithdra) and) after alloing a reasonable ti"e for
her to ithdra and giving her reasonable facility for ithdraing) "ay enter the roo" for the purpose of
"a3ing the arrest 4
Arovided) fourthly) that) here the decree in execution of hich a judg"ent7debtor is arrested) is a decree
for the pay"ent of "oney and the judg"ent7debtor pays the a"ount of the decree and the costs of the arrest
to the officer arresting hi") such officer shall at once release hi".
(6) The -tate :overn"ent "ay) by notification in the Bfficial :a!ette) declare that any person or class of
persons hose arrest "ight be attended ith danger or inconvenience to the public shall not be liable to
arrest in execution of a decree otherise than in accordance ith such procedure as "ay be prescribed by
the -tate :overn"ent in this behalf.
(>) 2here a judg"ent7debtor is arrested in execution of a decree for the pay"ent of "oney and brought
before the Court) the Court shall infor" hi" that he "ay apply to be declared an insolvent) and that he "ay
be discharged) if he has not co""itted any act of bad faith regarding the subject of the application and if he
co"plies ith provisions of the la of insolvency for the ti"e being in force.
(@) 2here a judg"ent7debtor express his intention to apply to be declared an insolvent and furnishes
security) to the satisfaction of the Court) that he ill ithin one "onth so apply) and that he ill appear)
hen called upon) in any proceeding upon the application or upon the decree in execution of hich he as
arrested) the Court "ay release hi" fro" arrest) and) if he fails so to apply and to appear) the Court "ay
either direct the security to be realised or co""it hi" to the civil prison in execution of the decree.
8$. Arohibition of arrest or detention of o"en in execution of decree for "oney? /otithstanding
anything in this Aart) the Court shall not order the arrest or detention in the civil prison of a o"an in
execution of a decree for the pay"ent of "oney.
8+. -ubsistence alloance? The -tate :overn"ent "ay fix scales) graduated according to ran3) race and
nationality) of "onthly alloances payable for the subsistence of judg"ent7debtors.
8<. 0etention and release? (5) &very person detained in the civil prison in execution of a decree shall be so
detained)?
(a) here the decree is for the pay"ent of a su" of "oney exceeding #>6%#one thousand rupees) for a
period not exceeding three "onths) and%
#>>% #(b) here the decree is for the pay"ent of a su" of "oney exceeding five hundred rupees) but not
exceeding one thousand rupees) for a period not exceeding six ee3s 4%
Arovided that he shall be released fro" such detention before the expiration of the #>@%#said period of
detention%?
(i) on the a"ount "entioned in the arrant for his detention being paid to the officer in charge of the civil
prison) or
(ii) on the decree against hi" being otherise fully satisfied) or
(iii) on the re*uest of the person on hose application he has been so detained) or
(iv) on the o"ission by the person) on hose application he has been so detained) to pay subsistence
alloance 4
Arovided) also) that he shall not be released fro" such detention under clause (ii) or clause (iii)) ithout the
order of the Court.
#>8% #(5() ,or the re"oval of doubts) it is hereby declared that no order for detention of the judg"ent7
debtor in civil prison in execution of a decree for the pay"ent of "oney shall be "ade) here the total
a"ount of the decree does not exceed five hundred rupees.%
(6) ( judg"ent7debtor released fro" detention under this section shall not "erely by reason of his release
be discharged fro" his debt) but he shall not be liable to be re7arrested under the decree in execution of
hich he as detained in the civil prison.
89. Release on ground of illness? (5) (t any ti"e after a arrant for the arrest of a judg"ent7debtor has
been issued the Court "ay cancel it on ground of his serious illness.
(6) 2here a judg"ent7debtor has been arrested) the Court "ay release hi" if) in its opinion) he is not in a
fit state of health to be detained in the civil prison.
(>) 2here a judg"ent7debtor has been co""itted to the civil prison) he "ay be released therefro")?
(a) by the -tate :overn"ent) on the ground of the existence of any infectious or contagious disease) or
(b) by the co""itting Court) or any Court to hich that Court is subordinate) on the ground of his suffering
fro" any serious illness.
(@) ( judg"ent7debtor released under this section "ay be re7arrested) but the period of his detention in the
civil prison shall not in the aggregate exceed that prescribed by section 8<.
(ttach"ent
#>$%#$9. Aroperty liable to attach"ent and sale in execution of decree? (5) The folloing property is liable
to attach"ent and sale in execution of a decree) na"ely) lands) houses or other buildings) goods) "oney)
ban3notes) che*ues) bills of exchange) hundis) pro"issory notes) :overn"ent securities) bonds or other
securities for "oney) debts) shares in corporation and) save as hereinafter "entioned) all other saleable
property) "ovable or i""ovable) belonging to the judg"ent7debtor) or over hich) or the profits of hich)
he has a disposing poer hich he "ay exercise for his on benefit)hether the sa"e be held in the na"e
of the judg"ent7debtor or by another person in trust for hi" or on his behalf 4
Arovided that the folloing particulars shall not be liable to such attach"ent or sale) na"ely4?
(a) the necessary earing7apparel) coo3ing vessels) beds and bedding of the judg"ent7debtor) his ife and
children) and such personal orna"ents as) in accordance ith religious usage) cannot be parted ith by any
o"an?
(b) tools of artisans) and) here the judg"ent7debtor is an agriculturist) his i"ple"ents of husbandry and
such cattle and seed7grain as "ay) in the opinion of the court) be necessary to enable hi" to earn his
livelihood as such) and such portion of agricultural produce or of any class of agricultural produce as "ay
have been declared to be free fro" liability under the provisions of the next folloing section?
(c) houses and other buildings (ith the "aterials and the sites thereof and the land i""ediately
appurtenant thereto and necessary for their enjoy"ent) belonging to #>+%#an agriculturist or a labourer or a
do"estic servant% and occupied by hi"?
(d) boo3s of account?
(e) a "ere right to sue for da"ages?
(f) any right of personal service?
(g) stipends and gratuities alloed to pensioners of the govern"ent #><%#or of a local authority or of any
other e"ployer% or payable out of any service pension fund notified in the Bfficial :a!ette by the Central
:overn"ent or the -tate govern"ent in this behalf) and political pension?
(h) the ages of labourers and do"estic servants) hether payable in "oney or in 3ind?
(i) salary to the extent of the first #>9%#four hundred rupees% and to third of the re"ainder% in execution of
any decree other than a decree for "aintenance.
#@9% #Arovided that here any part of such portion of the salary as is liable to attach"ent has been under
attach"ent) hether continuously or inter"ittently) for a total period of tenty7four "onths) such portion
sail be exe"pt fro" attach"ent until the expiry of a further period of telve "onths) and) here such
attach"ent has been "ade in execution of one and the sa"e decree) shall) after the attach"ent has
continued for a total period of tenty7four "onths) be finally exe"pt fro" attach"ent in execution of that
decree.%
#@5% #(ia) one7third of the salary in execution of any decree for "aintenance?%
#@6%#(j) the pay and alloances of persons to ho" the (ir ,orce (ct) 5989 (@8 of 5989)) or the (r"y (ct)
5989 (@$ of 5989)) or the /avy (ct ($6 of 598+)) applies?%
(3) all co"pulsory deposits and other su"s in or derived fro" and fund to hich the Arovident funds (ct)
5968) (59 of 5968)) for the ti"e being applies in so far as they are declared by the said (ct not to be liable
to attach"ent?
#@>% #(3a) all deposits and other su"s in or derived fro" any fund to hich the Aublic Arovident ,und (ct)
59$< (6> of 59$<) for the ti"e being applies in so far as they are declared by the said (ct as not to be liable
to attach"ent?
(3b) all "oneys payable under a policy of insurance on the life of the judg"ent7debtor?
(3c) the interest of a lessee of a residential building to hich the provisions of la for the ti"e being in
force relating to control of rents and acco""odation apply?%
(5) any alloance for"ing part of the e"olu"ents of any servant of the :overn"ent or of any servant of a
railay co"pany or local authority hich the appropriate :overn"ent "ay by notification in the Bfficial
:a!ette declare to be exe"pt fro" attach"ent) and any subsistence grant for alloance "ade to any such
servant hile under suspension?
(") an expectancy of succession by survivorship or other "erely contingent or possible right or interest?
(n) a right to future "aintenance?
(o) any alloance declared by any 'ndian la to be exe"pt fro" liability to attach"ent or sale in execution
of a decree? and
(p) here the judg"ent7debtor is a person liable for the pay"ent of land7revenue? any "ovable property
hich) under any la for the ti"e being applicable to hi") is exe"pt fro" sale for the recovery of an
arrears of such revenue.
#@@% #&xplanation '.? The "oneys payable in relation to the "atters "entioned in clauses (g)) (h)) (i)) (ia))
(j)) (5) and (o) are exe"pt fro" attach"ent or sale) hether before or after they are actually payable) and)
in the case of salary) the attachable portion thereof is liable to attach"ent) hether before or after it is
actually payable%.
&xplanation ''.? #@8%#'n clauses (5) and (ia)%) 1salary1 "eans the total "onthly e"olu"ents) excluding any
alloance declared exe"pt fro" attach"ent under the provisions of clause (5) derived by a person fro" his
e"ploy"ent hether on duty or on leave%.
&xplanation #@$%#'''%?'n Clause (l)) 1appropriate :overn"ent1 "eans?
(i) as respect any person in the service of the Central :overn"ent) or any servant of a Railay
(d"inistration or of a canton"ent authority or of the port authority of a "ajor port) the Central
:overn"ent?
(ii) as respects any other #@+%#servant of the :overn"ent% or a servant of any other local authority s3illed
the -tate :overn"ent.
#@<%#&xplanation ';.?,or the purposes of this proviso) 1ages1) includes bonus) and labourer1 includes a
s3illedIuns3illed or se"i7s3illed labourer.
&xplanation ;.?,or the purposes of this proviso) the expression 1agriculturist1 "eans a person ho
cultivates land personally and ho depends for his livelihood "ainly on the inco"e fro" agricultural land)
hether as oner) tenant) partner or agricultural labourer.
&xplanation ;'.?,or the purposes of &xplanation ;) an agriculturist shall be dee"ed to cultivate land
personally) if he cultivates land?
(a) by his on labour) or
(b) by the labour of any "e"ber of his fa"ily) or
(c) by servants or labourers on ages payable in case or in 3ind (not being as a share of the produce)) or
both.%
#@9% (5() /otithstanding anything contained in any other la for the ti"e being in force) an agree"ent by
hich a person agrees to aive the benefit on any exe"ption under this section shall be void.%
(6) /othing in this section shall be dee"ed to exe"pt houses and other buildings (ith the "aterials and
the sites thereof and the land i""ediately appurtenant thereto and necessary for their enjoy"ent) fro"
attach"ent or sale in execution of decrees for rent of any such house) building) site or land.
-T(T& (.&/0.&/T-
(ndhra Aradesh? 'n its application to (ndhra area of the -tate of (ndhra Aradesh in section $9(5) clause
(g) of the proviso after the ords 1pensioners of the :overn"ent1 the ords 1or a local authority1 shall be
inserted
#C.A.C. ((ndhra Aradesh) ((ndhra area) ("end"ent (ct 5989%
'n its application to hole of -tate of (.A. in proviso to sub7section (5) of section $9.
(i) after clause (3) the folloing shall be inserted.
1(33) a"ount payable under policies issued in pursuance of the Rules for the (ndhra Aradesh :ovt. life
'nsurance and Arovident ,und1.
(ii) after &xplanation 6 insert the folloing4?
1&xplanation 6(.? 2here any su" payable to a :overn"ent servant is exe"pt fro" attach"ent under the
provisions of clause (33)) such su" shall re"ain exe"pt fro" attach"ent notithstanding the fact that
oing to the death of the :ovt. servant it is payable to sa"e other person1
#(ct /o. F' of 598> and (ct /o. F of 59$6%.
'n its application to Dyderabad area of (ndhra Aradesh4
(i) after clause (g) of the proviso to section $9 (5) insert the folloing4?
1(gg) pension granted or continued by the Central :ovt. the :ovt. of Dyderabad or any other -tate :ovt. on
account of part services or present infir"ities or as a co"passionate alloance and.1
(ii) 'n &xplanation 6() for the ords brac3ets and letter 1Clause (33)1 substitute 1Clause (gg) or Clause
(33)1
#(.A. (ct /o. F;''' of 598>%.
'n its application to the -tate of (ndhra Aradesh4
(i) (fter clause (33) of -ection $9(5) proviso the folloing inserted4
1(333) a"ounts payable under the (ndhra Aradesh -tate &"ployees ,a"ily =enefit ,und Rules.1
(ii) ,or the ords 1(33)J) in &xplanation 6() the ords 1(333) inserted.((.A. (ct /o. 6@ of 59+9).
:ujarat? (i) 'n section $9(5) after clause (g) insert the folloing.
1(gg) stipends and gratuities alloed to pensioners of a local authority1.
(ii) &xplanation 5) after the ord 1(g)1 insert 1(gg)1.
#=o"bay (ct /o. HF of 59@<).
Di"achal Aradesh? (i) 'n section $9 (5) at the end of Clause (c) insert the folloing.
1or co"pensation paid for such houses and buildings (including co"pensation for the "aterials and the
sites and the land referred to above) ac*uired for public purpose1.
(ii) (fter clause (c)) clause (cc) shall be inserted.
1(cc) Co"pensation paid for agricultural lands belonging to agriculturists and ac*uired for public purpose1.
#C.A.C. (D.A. ("end"ent) (ct 598$%.
Karnata3a? 'n section $9 (5) after clause (p) the folloing shall be inserted in its application to Karnata3a
(except =ellary 0istrict).
1(pp) 2here the judg"ent7debtor is a servant of the -tate :ovt. ho has insured his life under the rules in
force relating to the official branch of Karnata3a :ovt. Hife 'nsurance 0epart"ent4?
(5) in the case of insurance effected prior to the ninth day of "ay) 5955 the hole of the bonus payable or
paid thereunder to such servant) or in the event of his death to his no"inee or other person or persons
entitled to such bonus under the said rules) and
(6) in the case of 'nsurance effected on or after the ninth day of .ay) 5955) and such insurance is
Co"pulsory pre"ia payable or paid to such servant or in the event of his death to his no"inee or other
person or persons entitled to such bonus under the said rules.
#C.A.C. (.ysore ("end"ent) (ct) 5986%.
Kerala? (fter clause (g) the folloing clause (gg) shall be inserted4?
1(gg) all "oneys payable to the beneficiaries under the ,a"ily =enefit -che"e for the e"ployee of the
:overn"ent of Kerala.
#Kerala (ct 5 of 59<<%.
.aharashtra? (i) 'n section $9(5) after clause (g) of the proviso insert the folloing4?
1(gg) in the Dyderabad area of the -tate of .aharashtra any pension granted or continued by the Central
:ovt. or the :ovt. of the for"er -tate of Dyderabad or any other -tate :ovt. on account of part services or
present infir"ities or as a co"passionate alloance hich is not covered by clause (g)1.
(ii) after clause (3b) insert the folloing4
1(3bb) the a"ounts payable under the policies issued in pursuance of the Rules for the Dyderabad -tate
Hife 'nsurance and Arovident ,und) hich are not covered under clause (3a) or (3b)1.
#.aharashtra (ct /o. HF; of 59++%.
Aunjab and Daryana? (i) 'n clause (c) of the proviso to section $9 (5) for the ords 1occupied by hi"1
substitute the folloing4?
1not proved by the decree holder to have been let out on rent or lent to persons other than his father "other)
ife) son) daughter) daughter in la) brother) sister or other dependents or left vacant for a period of a year
or "ore1.
(ii) after clause (c) insert the folloing4?
1(cc) "ilch ani"als) hether in "il3 or in calf) ani"als used for the purposes of transport or draught cart
and open spaces or endorures belonging to an agriculturist and re*uired for use in case of need for tying
cattle par3ing carts or stac3ing fodder or "anure.
(ccc) one "ain residential house and other buildings attached to it (ith the "aterial and the sites there of
and the land i""ediately appurtenant there to and necessary for there enjoy"ent belonging to a judg"ent7
debtor other than an agriculturist and occupied by hi"4
Arovided that the protection afforded by this clause shall not extend to any property specifically charged
ith the debt sought to be recovered1.
(iii) after sub7section (6) insert the folloing sub7sections.
1(>) /otithstanding any other la for the ti"e being in force an agree"ent by hich a debtor agrees to
aive any benefit of any exe"ption under this section shall be void.
(@) ,or the purposes of this section the ord LagriculturistJ shall include every person hether as oner
tenant partner or agricultural labour ho depends for his livelihood "ainly on inco"e fro" agricultural
land as defined in the Aunjab (lienation of Hand (ct. 5959.
(8) &very "e"ber of a tribe notified as agricultural under the Aunjab (lienation of Hand (ct) 5999 and
every "e"ber of a scheduled caste shall be presu"ed to be as agriculturist until the contrary is provided.
($) /o order for attach"ent shall be "ade unless the court is satisfied that the property sought to be
attached is not exe"pt fro" attach"ent or sale1
#Aunjab (ct /o. ;'' of 59>@) 56 of 59@9) $ of 59@$ and @@ of 59$9%.
Rajasthan ? (i) 'n clause (b) of section $9 (5) after the ord L(griculturistJ the ords Lhis "ilch cattle and
those li3ely to calve ithin to yearsJ shall be inserted.
(ii) after clause (3) of the proviso to section $9 (5) insert the folloing.
1(33) "oneys payable under life 'nsurance Certificates issued in pursuance of the Rajasthan :ovt. -ervants
'nsurance Rules) 598>1.
(iii) after &xplanation > insert the folloing4
1&xplanation @.? 2here any "oney payable to a :ovt. servant of the state is exe"pt fro" attach"ent under
the provision contained in clause (33)) such "oney shall re"ain exe"pt fro" the attach"ent
notithstanding the fact there oing to the death of a :ovt. servant it is payable to so"e other person1.
#Rajasthan (ct /o. 5$ of 598+ and 59 of 598<%.
Ta"il /adu? 1-ection $9 (5)) clause (g) of the proviso after the ords Lstipends and gratuties alloed to
the pensioners of the :ovt. insert the ords 1or of a local authority1
#C.A.C. (.adras ("end"ent) (ct) 5989%.
Enion Territory of Chandigarh? -a"e as in Aunjab and Daryana
#(ct /o. >5 of 59$$%.
Enion Territory of Aundicherry? -a"e as in Ta"il /adu
#(ct /o. 6$ of 59$<%.
Ettar Aradesh? 'n section $9(5) after &xplanation 5 add the folloing4
1&xplanation 57(.? Aarticulars "entioned in clause (c) are exe"pt fro" sale in execution of a decree
hether passed before or after the co""ence"ent of the Code of Civil Arocedure (Enited Arovinces)
("end"ent (ct) 59@< for enforce"ent of a "ortgage of charge thereon1.
#E.A. (ct /o. >8 of 59@<%.
$5. Aartial exe"ption of agricultural produce? The -tate :overn"ent "ay) by general or special order
published in the Bfficial :a!ette) declare that such portion of agricultural produce) or of any class of
agricultural produce) as "ay appear to the -tate :overn"ent to be necessary for the purpose of providing
until the next harvest the due cultivation of the land and for the support of the judg"ent7debtor and his
fa"ily) shall) in the case of all agriculturists or of any class of agriculturists) be exe"pted fro" liability to
attach"ent or sale in exaction of a decree.
$6. -ei!ure of property in delling7house? (5) /o person executing any process under this Code directing
or authori!ing sei!ure of "ovable property shall enter any delling7house after sunset and before sunrise.
(6) /o outer door of a delling7house shall be bro3en open unless such delling7house is in the occupancy
of the judg"ent7debtor and he refuses or in any ay prevents access thereto) but hen the person executing
any such process has duly gained access to any delling7house) he "ay brea3 open the door of any roo" in
hich he has reason to believe any such property to be.
(>) 2here a roo" in a delling7house is in the actual occupancy of a o"an ho) according to the
custo"s of the country) does not appear in public) the person executing the process shall give notice to such
o"an that she is at liberty to ithdra? and) after alloing reasonable ti"e for her to ithdra and giving
her reasonable facility for idhraing) he "ay enter such roo" for the purpose of sei!ing the property)
using at the sa"e ti"e every precaution) consistent ith these provisions) to prevent its clandestine
re"oval.
$>. Aroperty attached in execution of decrees of several Courts? (5) 2here property not in the custody of
any Court is under attach"ent in execution of decrees of "ore Courts than one) the Court hich shall
receive or reali!e such property and shall deter"ine any clai" thereto any objection to the attach"ent
thereof shall be the Court of highest grade) or) here there is no difference in grade beteen such Courts)
the Court under hose decree the property as first attached.
(6) /othing in this section shall be dee"ed to invalidate any proceeding ta3en by a Court executing one of
such decrees.
#89% #&xplanation.?,or the purposes of sub7section (6)) 1proceeding ta3en by a Court1 does not include an
order alloing) to a decree7holder ho has purchased property at a sale held in execution of a decree) set
off to the extent of the purchase price payable by hi".%
$@. Arivate alienation of property after attach"ent to be void? 2here an attach"ent has been "ade) any
private transfer or delivery of the property attached or of any interest there in and any pay"ent to the
judg"ent7debtor of any debt) dividend or other "onies contrary to such attach"ent) shall be void as against
all clai"s enforceable under the attach"ent.
&xplanation?,or the purposes of this section) clai"s enforceable under an attach"ent include clai"s for the
rateable distribution of assets.
-ale
$8. AurchaserJs title? 2here i""ovable property is sold in execution of a decree and such sale has beco"e
absolute) the property shall be dee"ed to have vested in the purchaser fro" the ti"e hen the property is
sold and not fro" the ti"e hen the sale beco"es absolute.
$$. #85%#C C C C%
$+. Aoer for -tate :overn"ent to "a3e rules as to sales of land in execution of decrees for pay"ent of
"oney? (5) The -tate :overn"ent "ay) by notification in the Bfficial :a!ette) "a3e rules for any local
area i"posting conditions in respect of the sale of any class of interests in land in execution of decrees for
the pay"ent of "oney) here such interests are so uncertain or under"ined as) in the opinion of the -tate
:overn"ent to "a3e it i"possible to fix their value.
(6) 2hen on the date on hich this Code ca"e into operation in any local area) any special rules as to sale
of and in execution of decrees ere in force therein) the -tate :overn"ent "ay) by notification in the
Bfficial :a!ette) declare such rules to be in force) or "ay by a li3e notification) "odify the sa"e.
&very notification issued in the exercise of the poers conferred by this sub7section shall set out the rules
so continued or "odified.
#86% #(>) &very rule "ade under this section shall be laid) as soon as "ay be after it is "ade) before the
-tate Hegislature.%
0elegation to Collector of poer to execute decrees against i""ovable property
$<.?+6. Rep. by the Code of Civil Arocedure (("end"ent) (ct) 598$ ($$ of 598$)) s. +.
0istribution of assests
+>. Aroceeds of execution7sale to be reateably distributed a"ong decree7holders? (5) 2here assests are held
by a Court and "ore persons than one have) before the receipt of such assests) "ade application to the
Court for the execution of decrees for the pay"ent of "oney passed against the sa"e judg"ent7debtor and
have not obtained satisfaction thereof) the assests) after deducting the costs of reali!ation) shall be reteably
distributed a"ong all such persons 4
Arovided as follos 4?
(a) here any property is sold subject to a "ortgage or charge) the "ortgage or incu"brancer shall not be
entitled to share in any surplus arising fro" such sale?
(b) here any property liable to be sold in execution of a decree is subject to a "ortgage or charges the
Court "ay) ith the consent of the "ortgagee or incu"brancer) order that the property be sold free fro"
the "ortgage or charge) giving to the "ortgagee or incu"brancer the sa"e interest in the proceeds of the
sale as he had in the property sold?
(c) here any i""ovable property is sold in execution of a decree ordering its sale for the discharge of an
incu"brance thereon) the proceeds of sale shall be applied?
first) in defraying the expenses of the sale?
secondly) in discharging the a"ount due under the decree?
thirdly) in discharging the interest and principal "oneys due on subse*uent incu"brances (if any)? and
fourthly) rateably a"ong the holders of decrees for the pay"ent of "oney against the judg"ent debtor) ho
have) prior to the sale of the property) applied to the Court hich passed the decree ordering such sale for
execution of such decrees) and have not obtained satisfaction thereof.
(6) 2here all or any of the assests liable to be rateably distributed under this section are paid to a person
not entitled to receive the sa"e) any person so entitled "ay sue such person to co"pel hi" to refund the
assets.
(>) /othing in this section affects any right of the :overn"ent.
Resistance to execution
+@. Resistance to execution? 2here the Court is satisfied that the holder of a decree for the possession of
i""ovable property or that the purchaser of i""ovable property sold in execution of a decree has been
resisted or obstructed in obtaining possession of the property by the judg"ent7debtor or so"e person on his
behalf and that such resistance or obstruction as ithout any just cause) the Court "ay) at the instance of
the decree7holder or purchaser) order the judg"ent7debtor or such other person to be detained in the civil
prison for a ter" hich "ay extend to thirty days and "ay further direct that the decree7holder or purchaser
be put into possession of the property.
PART IIIINCIDENTAL PROCEEDIN"!
Co""issions
+8. Aoer of court to issue co""issions7 -ubject to such conditions and li"itations as "ay be prescribed)
the court "ay issue a co""ission7
(a) to exa"ine any person?
(b) to "a3e a local investigation?
(c) to exa"ine or adjust accounts? or
(d) to "a3e a partition?
#8>% #(e) to hold a scientific) technical) or expert investigation?
(f) to conduct sale of property hich is subject to speedy and natural decay and hich is in the custody of
the Court pending the deter"ination of the suit?
(g) to perfor" any "inisterial act.%
+$. Co""ission to another Court7 (5) ( co""ission for the exa"ination of any person "ay be issued to
any Court (not being a Digh Court) situate in a -tate other than the -tate in hich the Court of issue is
situate and having jurisdiction in the place in hich the person to be exa"ined resides.
(6) &very Court receiving a co""ission for the exa"ination of any person under sub7section (5) shall
exa"ine hi" or cause hi" to be exa"ined pursuant thereto) and the co""ission) hen it has been duly
executed) shall be returned together ith the evidence ta3en under it to the Court fro" hich it as issued)
unless the order for issuing the co""ission has otherise directed) in hich case the co""ission shall be
returned in ter"s of such order.
++. Hetter of re*uest7 'n lieu of issuing a co""ission the Court "ay issue a letter of re*uest to exa"ine a
itness residing at any place not ithin 'ndia.
+<. Co""issions issued by foreign Courts7 -ubject to such conditions and li"itations as "ay be prescribed
the provisions as to the execution and return of co""issions for the exa"ination of itnesses shall apply to
co""issions issue by or as the instance of7
(a) Courts situate in any part of 'ndia to hich the provisions of this Code do not extend? or
(b) Courts established or continued by the authority of the Central :overn"ent outside 'ndia) or
(c) Courts of any -tate or country outside 'ndia.
PART IV!UIT! IN PARTICULAR CA!E!
-uits by or against the :overn"ent or public officers in their official capacity.
+9. -uits by or against :overn"ent? 'n a suit by or against the :overn"ent) the authority to be na"ed as
plaintiff or defendant) as the case "ay be) shall be?
(a) in the case of a suit by or against the Central :overn"ent) the Enion of 'ndia) and
(b) in the case of a suit by or against a -tate :overn"ent) the -tate.
<9. /otice? #8@%#(5)%#88%#-ave as otherise provided in sub7section (6)) no suits shall be instituted against
the :overn"ent (including the :overn"ent of the -tate of Ja""u M Kash"ir) or against a public officer in
respect of any act purporting to be done by such officer in his official capacity) until the expiration of to
"onths next after notice in riting has been delivered to) or left at the office of?
(a) in the case of a suit against the Central :overn"ent) except here it relates to a railay) a -ecretary to
that :overn"ent?
(b) in the case of a suit against the Central :overn"ent here it relates to railay) the :eneral .anager of
that railay?
(bb) in the case of a suit against the :overn"ent of the -tate of Ja""u and Kash"ir the Chief -ecretary to
that :overn"ent or any other officer authorised by that :overn"ent in this behalf?
(c) in the case of a suit against any other -tate :overn"ent) a -ecretary to that :overn"ent or the Collector
of the district?
and) in the case of a public officer) delivered to hi" or left at this office) stating the cause of action) the
na"e) description and place of residence of the plaintiff and the relief hich he clai"s? and the plaint shall
contain a state"ent that such notice has been so delivered or left.
#8$% #(6) ( suit to obtain an urgent or i""ediate relief against the :overn"ent (including the :overn"ent
of the -tate of Ja""u M Kash"ir) or any public officer in respect of any act purporting to be done by such
public officer in his official capacity) "ay be instituted) ith the leave of the Court) ithout serving any
notice as re*uired by sub7section (5)? but the Court shall not grant relief in the suit) hether interi" or
otherise) except after giving to the :overn"ent or public officer) as the case "ay be) a reasonable
opportunity of shoing cause in respect of the relief prayed for in the suit 4
Arovided that the Court shall) if it is satisfied) after hearing the parties) that no urgent or i""ediate relief
need be granted in the suit) return the plaint for presentation to it after co"plying ith the re*uire"ents of
sub7section (5).
(>) /o suit instituted against the :overn"ent or against a public officer in respect of any act purporting to
be done by such public officer in his official capacity shall be dis"issed "erely by reason of any error or
defect in the notice referred to in sub7section (5)) if in such notice?
(a) the na"e) description and the residence of the plaintiff had been so given as to enable the appropriate
authority or the public officer to identify the person serving the notice and such notice had been delivered
or left at the office of the appropriate authority specified in sub7section (5)) and
(b) the cause of action and the relief clai"ed by the plaintiff had been substantially indicated.%
-T(T& (.&/0.&/T-
.adhya Aradesh ? (i) (fter sub7section (>) of -ection <9 the folloing inserted4
1(@) here in a suit or proceeding referred to in Rule >= of Brder 5) the state is joined as a defendant or non
applicant or here the Court orders joinder of the -tate as defendant or non applicant in exercise of poers
under Rule 59(6) of order 5 such suit or proceeding shall not be dis"issed by reasons of B"ission of the
plaintiff or applicant to issue notice under sub7section (5)1.
(ii) 'n sub7section (5) of section <9 for the ords 1sub7section (6)1 substitute 1sub7section (6) or (@)1.
#..A. (ct /o. 69 of 59@<%.
<5. &xe"ption fro" arrest and personal appearance? 'n a suit instituted against a public officer in respect of
any act purporting to be done by hi" in his official capacity?
(a) the defendant shall not be liable to arrest nor his property to attach"ent otherise than in execution of a
decree) and
(b) here the Court is satisfied that the defendant cannot absent hi"self fro" his duty ithout detri"ent to
the public service) it shall exe"pt hi" fro" appearing in person.
<6. &xecution of decree? #8+%(5) 2here) in a suit by or against the :overn"ent or by or against a public
officer in respect of any act purporting to be done hi" in his official capacity) a decree is passed against the
Enion of 'ndia or a -tate or) as the case "ay be) the public officer) such decree shall not be executed except
in accordance ith the provisions of sub7section(6)%.
(6) &xecution shall not be issued on any such decree unless it re"ains unsatisfied for the period of three
"onths co"puted fro" the date of #8<%#such decree%.
(>) The provisions of sub7sections (5) and (6) shall apply in relation to an order or aard as they apply in
relation to a decree) if the order or aard?
(a) is passed or "ade against the Enion of 'ndia or a -tate or a public officer in respect of any such act as
aforesaid) hether by a Court or by any other authority? and
(b) is capable of being executed under the provisions of this code or of any other la for the ti"e being in
force as if it ere a decree.
-uits by (lliens and by or against ,oreign Rulers) ("bassadors and &nvoys
<>. 2hen aliens "ay sue? (lien ene"ies residing in 'ndia ith the per"ission of the Central :overn"ent)
and alien friends) "ay sue in any Court otherise co"petent to try the suit) as if they ere citi!ens of 'ndia)
but alien ene"ies residing in 'ndia ithout such per"ission) or residing in a foreign country) shall not sue
in any such court.
&xplanation?&very person residing in a foreign country) the :overn"ent of hich is at ar ith 'ndia and
carrying on business in that country ithout a licence in that behalf granted by the Central :overn"ent)
shall) for the purpose of this section) be dee"ed to be an alien ene"y residing in a foreign country.
<@. 2hen foreign -tate "ay sue.? ( foreign -tate "ay sue in any co"petent Court4
Arovided that the object of the suit is to enforce a private right vested in the Ruler of such -tate or in any
officer of such -tate in his public capacity.
<8. Aersons specially appointed by :overn"ent to prosecute or defend on behalf of foreign Rulers? (5) The
Central :overn"ent "ay) at the re*uest of the Ruler of a foreign -tate or at the re*uest of any person
co"petent in the opinion of the Central :overn"ent to act on behalf of such Ruler) by order) appoint any
persons to prosecute or defend any suit on behalf of such Ruler) and any persons so appointed shall be
dee"ed to be the recogni!ed agents by ho" appearances) acts and applications under this Code "ay be
"ade or done on behalf of such Ruler.
(6) (n appoint"ent under this section "ay be "ade for the purpose of a specified suit or of several
specified suits) or for the purpose of all such suits as it "ay fro" ti"e to ti"e be necessary to prosecute or
defend on behalf of such Ruler.
(>) ( person appointed under this section "ay authorise or appoint any other persons to "a3e appearances
and applications and do acts in any such suit or suits as if he ere hi"self a party thereto.
<$. -uits against foreign Rulers) ("bassadors and &nvoys? (5) /o.CCCC#89% foreign -tate "ay be sued in
any Court otherise co"petent to try the suit except ith consent of the Central :overn"ent certified in
riting by a -ecretary to that :overn"ent 4
Arovided that a person "ay) as a tenant of i""ovable property) sue ithout such consent as aforesaid #$9%
#a foreign -tate% fro" ho" he holds or clai"s to hold the property.
(6) -uch consent "ay be given ith respect to a specified suit or to several specified suits or ith respect to
all suits of any specified class or classes) and "ay specify) in the case of any suit or class of suits) the Court
in hich #$5%#the foreign -tate% "ay be sued) but it shall to be given) unless it appears to the Central
:overn"ent that #$6%#the foreign -tate%.
(a) has instituted a suit in the Court against the person desiring to sue #$>%#it%) or
(b) #$@%#itself% or another) trades ithin the local li"its of the jurisdiction of the Court) or
(c) is in possession of i""ovable property situate ithin those li"its and is to be sued ith reference to
such property or for "oney charged thereon) or
(d) has expressly or i"pliedly aived the privilege accorded to #$8%#it% by this section.
#$$% #(>) &xcept ith the consent of the Central :overn"ent) certified in riting by a -ecretary to that
govern"ent) no decree shall be executed against the property of any foreign -tate.%
(@) The proceeding provisions of this section shall apply in relation to ?
#$+% #(a) any Ruler of a foreign -tate?%
#$<% #(aa)% any a"bassador or &nvoy of a foreign -tate ?
(b) any Digh Co""issioner of a Co""onealth country? and
(c) any such "e"ber of the staff #$9%#of the foreign -tate or the staff or retinue of the ("bassador% or
&nvoy of a foreign -tate or of the Digh Co""issioner of a Co""onealth country as the Central
:overn"ent "ay) by general or special order) specify in this behalf.
#+9%#as they apply in relation to a foreign -tate%.
#+5%#(8) the folloing persons shall not be arrested under this Code) na"ely 4 ?
(a) any ruler of a foreign -tate?
(b) any ("bassador or &nvoy of a foreign -tate?
(c) any Digh Co""issioner of a Co""onealth country?
(d) any such "e"ber of the staff of the foreign -tate or the staff or retinue of the Ruler) ("bassador or
&nvoy of a foreign -tate or of the Digh Co""issioner of a Co""onealth country) as the Central
:overn"ent "ay) by general or special order) specify in this behalf.
($) 2here a re*uest is "ade to the Central :overn"ent for the grant of any consent referred to in sub7
section (5)) the Central :overn"ent shall) before refusing to accede to the re*uest in hole or in part) give
to the person "a3ing the re*uest a reasonable opportunity of being heard.%
<+. -tyle of foreign Rulers as parties to suits? The Ruler of a foreign -tate "ay sue) and shall be sued) in
the na"e of his -tate4
Arovided that in giving the consent referred to in section <$) the Central :overn"ent "ay direct that the
Ruler "ay be sued in the na"e of an agent or in any other na"e.
<+(. 0efinitions of 1foreign -tate1 and 1Ruler1 ? (5) 'n this Aart)?
(a) 1foreign -tate1 "eans any -tate outside 'ndia hich has been recognised by the Central :overn"ent?
and
(b) 1Ruler1) in relation to a foreign -tate) "eans the person ho is for the ti"e being recogni!ed by the
Central :overn"ent to be the head of that -tate.
(6) &very Court shall ta3e judicial notice of the fact ?
(a) that a state has or has not been recogni!ed by the Central :overn"ent?
(b) that a person has or has not been recogni!ed by the Central :overn"ent to be the head of a -tate.
-uits against Rulers of for"er 'ndian -tates
<+=. (pplications of sections <8 and <$ to Rulers of for"er 'ndian -tates.? (5) 'n the case of any suit by or
against the Ruler of any for"er 'ndian -tate hich is based holly or in part upon a cause of action hich
arose before the co""ence"ent of the Constitution or any proceedings arising out of such suit) the
provisions of section <8 and sub7sections (5) and (>) of section <$ shall apply in relation to such Ruler as
they apply in relation to the Ruler of a foreign -tate.
(6) 'n this section?
(a) 1for"er 'ndian -tate1 "eans any such 'ndian -tate as the Central :overn"ent "ay) by notification in
the Bfficial :a!ette) specify for the purposes of this?
(b) 1co""ence"ent of the Constitution1 "eans the 6$th day of January) 5989? and
(c) 1Ruler1 in relation to a for"er 'ndian -tate) has the sa"e "eaning as in article >$> of the
Constitution.R'nterpleader
<<. 2here interpleader suit "ay be reinstituted? 2here to or "ore persons clai" adversely to one another
the sa"e debts) su" of "oney or other property) "ovable or i""ovable) fro" another person) ho clai"s
no interest therein other than for charges or costs and ho is ready to pay or deliver it to the rightful
clai"ant such other person "ay institute a suit of interpleader against all the clai"ants for the purpose of
obtaining a decision as to the person to ho" the pay"ent or delivery shall be "ade and of obtaining
inde"nity for hi"self4
Arovided that here any suit is pending in hich the rights of all parties can properly be decided) no such
suit of interpleader shall be instituted.
PART V!PECIAL PROCEEDIN"!
(rbitration
<9. #(rbitration.% Rep. by the (rbitration (ct) 59@9 (59 of 59@9)) s. @9 and -ch. '''
-pecial case
99. Aoer to state case for opinion of Court? 2here any person agree in riting to state a case for the
opinion of the Court) then the Court shall try and deter"ine the sa"e in the "anner prescribed.
[72]#Aublic nuisances and other rongful acts affecting the public%
95. Aublic nuisances and other rongful acts affecting the public.? #+>%#(5) in the case of a public nuisance
or other rongful act affecting) or li3ely to affect) the public) a suit for a declaration and injunction or for
such other relief as "ay be appropriate in the circu"stances of the case) "ay be instituted)?
(a) by the (dvocate :eneral) or
(b) ith the leave of the Court) by to or "ore persons) even though no special da"age has been caused to
such persons by reason of such public nuisance or other rongful act.%
(6) /othing in this section shall be dee"ed to li"it or otherise affect any right of suit hich "ay exist
independently of its provisions.
96. Aublic charities? (5) 'n the case of any alleged breach of any express or constructive trust created for
public purposes of a charitable or religious nature) or here the direction of the Court is dee"ed necessary
for the ad"inistration of any such trust) the (dvocate7:eneral) or to or "ore persons having an interest in
the trust and having obtained the #+@%#leave of the Court% "ay institute a suit) hether contentious or not) in
the principal Civil Court of original jurisdiction or in any other Court e"poered in that behalf by the -tate
:overn"ent ithin the local li"its of hose jurisdiction the hole or any part of the subject7"atter of the
trust is situate to obtain a decree?
(a) re"oving any trustee?
(b) appointing a ne trustee?
(c) vesting any property in a trustee?
(cc) directing a trustee ho has bee re"oved or a person ho has ceased to be a trustee) to deliver
possession of any trust property in his possession to the person entitled to the possession of such property?
(d) directing accounts and in*uires?
(e) declaring hat proportion of the trust property or of the interest therein shall be allocated to any
particular object of the trust?
(f) authori!ing the hole or any part of the trust property to be let) sold) "ortgaged or exchanged?
(g) settling a sche"e? or
(h) granting such further or other relief as the nature of the case "ay re*uire.
(6) -ave as provided by the Religious &ndo"ents (ct) 5<$> (69 of 5<$>) or by any corresponding la in
force in the territories hich) i""ediately before the 5st /ove"ber) 598$) ere co"prised in Aart = -tates)
no suit clai"ing any of the reliefs specified in sub7section (5) shall be instituted in respect of any such trust
as is therein referred to except in confor"ity ith provisions of that sub7section.
#+8% #(>) The Court "ay alter the original purposes of an express or constructive trust created for public
purposes of a charitable or religious nature and allo the property or inco"e of such trust or any portion
thereof to be applied cy press in one or "ore the folloing circu"stances) na"ely4?
(a) here the original purposes of the trust) in hole or in part)?
(i) have been) as far as "ay be) fulfilled? or
(ii) cannot be carried out at all) or cannot be carried out according to the directions given in the instru"ent
creating the trust or) here there is no such instru"ent) according to the spirit of the trust?
(b) here the original purposes of the trust provide a use for a part only of the property available by virtue
of the trust? or
(c) here the property available by virtue of the trust and other property applicable for si"ilar purposes can
be "ore effectively used in conjunction ith) and to that end can suitably be "ade applicable to any other
purpose) regard being had to the spirit of the trust and its applicability to co""on purposes? or
(d) here the original purposes) in hole or in part) ere laid don by reference to an area hich then as)
but has since ceased to be) a unit for such purposes? or
(ii) ceased) as being useless or har"ful to the co""unity) or
(iii) ceased to be) in la) charitable) or
(iv) ceased in any other ay to provide a suitable and effective "ethod of using the property available by
virtue of the trust) regard being had to the spirit of the trust.%
-T(T& (.&/0.&/T-
Ettar Aradesh? (fter clause (b) of sub7section (5) of section 96 insert the folloing4
1(bb) for delivery of possession of any trust property against a person ho has ceased to be trustee or has
been re"oved1.
#E.A. (ct /o. 6@ of 598@%.
9>. &xercise of poers of (dvocate7:eneral outside presidency7tons? The poers conferred by sections
95 and 96 on the (dvocate7:eneral "ay) outside the presidency7tons) be) ith the previous sanction of
the -tate :overn"ent) exercised also by the Collector or by such officer as the -tate :overn"ent "ay
appoint in this behalf.
PART VI!UPPLEMENTAL PROCEEDIN"!
*:. Supplemental )roceedingsH .n order to prevent the ends of ?ustice from eing% defeated the
Court ma!% if it is to prescried%H
&a' issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! he
should not give securit! for his appearance% and if he fails to compl! with an! order for securit!
commit him to the civil prison;
&' direct the defendant to furnish securit! to produce an! propert! elonging to him and to place
the same at the disposal of the Court or order the attachment of an! propert!;
&c' grant a temporar! in?unction and in case of disoedience commit the person guilt! thereof to
the civil prison and order that his propert! e attached and sold;
&d' appoint a receiver of an! propert! and enforce the performance of his duties ! attaching and
selling his propert!;
&e' ma<e such other interlocutor! orders as ma! appear to the Court to e ?ust and convenient.
*B. Compensation for otaining arrest% attachment or in?unction on insufficient groundsH Where%
in an! suit in which an arrest or attachment has een effected or a temporar! in?unction granted
under the last preceding section%H
&a' it appears to the Court that such arrest% attachment or in?unction was applied for on insufficient
grounds% or
&' the suit of the plaintiff fails and it appears to the Court that there was no reasonale or
proale grounds for instituting the same%
the defendant ma! appl! to the Court% and the Court ma!% upon such application% award against
the plaintiff ! its order such amount% not exceeding one thousand rupees% as it deems a
reasonale compensation to the defendant for the /9C0/expense or in?ur! &including in?ur! to
reputation' caused to him0;
)rovided that a Court shall not award% under this section% an amount exceeding the limits of its
peculiar ?urisdiction.
&-' An order determining an! such application shall ar an! suit for compensation in respect of
such arrest% attachment or in?unction.
PART VIIAPPEAL!
Appeals from original decrees
*C. Appeal from original decreeH &$' Save where otherwise expressl! provided in the od! of this
Code or ! an! other law for the time eing in force% an appeal shall lie from ever! decree passed
! an! Court exercising original ?urisdiction the Court authori6ed to hear appeals from the
decisions of such Court.
&-' An appeal ma! lie from an original decree passed ex parte.
&1' 3o appeal shall lie from a decree passed ! the Court with the consent of parties.
/990 /&:' 3o appeal shall lie% except on a 7uestion of law% from a decree in an! suit of the nature
cognisale ! Courts of Small Cause% when the amount or value of the su?ect#matter of the
original suit does not exceed three thousand rupees.0
*9. Appeal from final decree where no appeal from preliminar! decreeH Where an! part!
aggrieved ! a preliminar! decree passed after the commencement of this Code does not appeal
from such decree% he shall e precluded from dispating its correctness in an! appeal with ma! e
preferred from the final decree.
*,. @ecision where appeal heard ! two or more JudgesH &$' Where an appeal is heard ! a
Dench of two or more Judges% the appeal shall e decided in accordance with the opinion of such
Judges or of the ma?orit! &if an!' of such Judges.
&-' Where there is no such ma?orit! which concurs in a ?udgment var!ing or reversing the decree
appealed from% such decree shall e confirmed "
)rovided that where the Dench hearing the appeal is /9,0/composed of two or other even numer
of Judges elonging to a Court consisting of more Judges than those constituting the Dench0 and
the Judges composing the Dench differ in opinion on a point of law% the! ma! state the point of
law upon which the! differ and the appeal shall then e heard upon that point onl! ! one or more
of the other Judges% and such point shall e decided according to the opinion of the ma?orit! &if
an!' of the Judges who have heard the appeal including those who first heard it.
&1' 3othing in this section shall e deemed to alter or otherwise affect an! provision of the letters
patent of an! High Court.
**. 3o decree to e reversed or modified for error or irregularit! not affecting merits or
?urisdictionH 3o decree shall e reversed or sustantiall! varied% nor shall an! case e remanded
in appeal on account of an! mis?oinder /9*0/or non#?oinder0 of parties or causes of action or an!
error% defect or irregularit! in an! proceedings in the suit% not affecting the merits of the case or
the ?urisdiction of the Court.
/,+0/)rovided that nothing in this section shall appl! to non#?oinder of a necessar! part!.0
/,$0/**A. 3o order under section :9 to e refused or modified unless decision of the case is
pre?udiciall! affectedH Without pre?udice to the generalit! of the provisions of section **% no order
under section :9 shall e reversed or sustantiall! varied% on account of an! error% defect or
irregularit! in an! proceeding relating to such order% unless such error% defect or irregularit! has
pre?udiciall! affected the decision of the case.I
Appeals from appellate decrees
/,-0/$++. Second appealH &$' Save as otherwise expressl! provided in the od! of this Code or
! an! other law for the time eing in force% an appeal shall lie to the High Court from ever!
decree passed in appeal ! an! Court suordinate to the High Court% if the High Court is satisfied
that the case involves a sustantial 7uestion of law.
&-' An appeal ma! lie under this section from an appellate decree passed ex parte.
&1' .n an appeal under this section% the memorandum of appeal shall precisel! state the
sustantial 7uestion of law involved in the appeal.
&:' Where the High Court is satisfied that a sustantial 7uestion of law is involved in an! case% it
shall formulate that 7uestion.
&B' (he appeal shall e heard on the 7uestion so formulated and the respondent shall% at the
hearing of the appeal% e allowed to argue that the case does not involve such 7uestion "
)rovided that nothing in this su#section shall e deemed to ta<e awa! or aridge the power of
the Court to hear% for reasons to e recorded% the appeal on an! other sustantial 7uestion of law%
not formulated ! it% if it is satisfied that the case involves such 7uestion.0
/,10/$++A. 3o further appeal in certain casesH 3otwithstanding an!thing contained in an! >etters
)atent for an! High Court or in an! other instrument having the force of law or in an! other law for
the time eing in force% where an! appeal from an appellate decree or order is heard and decided
! a single Judge of a High Court% no further appeal shall lie from the ?udgment% decision or order
or such single Judge in such appeal or from an! decree passed in such appeal.0
$+$. Second appeal on no other groundsH 3o second appeal shall lie except on the ground
mentioned in section $++.
$+-. 3o second appeal in certain suitsH 3o second appeal shall lie in an! suit of the nature
cogni6ale ! Courts of Small Causes% when the amount or value of the su?ect#matter of the
original suit does not exceed /,:0/three thousand rupees0.
/,B0/$+1. )ower of High Court to determine issues of factH .n an! second appeal% the High Court
ma!% if the evidence on the record is sufficient% determine an! issue necessar! for the disposal of
the appeal%H
&a' which has not een determined ! the lower Appellate Court or oth ! the Court of first
instance and the lower Appellate Court% or
&' which has een wrongl! determined ! such Court or Courts reason of a decision on such
7uestion of law as is referred to in section $++.0
Appeals from orders
$+:. 5rders from which appeal liesH &$' An appeal shall lie from the following orders% and save as
otherwise expressl! provided in the od! of this Code or ! an! law for the time eing in force%
from no other orders"H
/Clauses &a' to &f' omitted0
&ff' an order under section 1BA;
/,C0 /&ffa' an order under section *$ or section *- refusing leave to institute a suit of the nature
referred to in section *$ or section *-% as the case ma! e;0
&g' an order under section *B;
&h' an order under an! of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of an person except where such arrest or detention is in execution of a
decree;
&i' an! order made under rules from which an appeal is expressl! allowed ! rules;
)rovided that not appeal shall lie against an! order specified in clause &ff' save on the ground that
no order% or an order for the pa!ment of a less amount% ought to have een made.
&-' 3o appeal shall lie from an! order passed in appeal under this section.
$+B. 5ther ordersH &$' Save as otherwise expressl! provided% no appeal shall lie from an! order
made ! a Court in the exercise of its original or appellate ?urisdiction; ut% where a decree is
appealed from% an! error% defect or irregularit! in an! order% affecting the decision of the case%
ma! e set forth as ground of o?ection in the memorandum of appeal.
&-' 3otwithstanding an!thing contained in su#section &$'% where an! part! aggrieved ! an order
of remand /,90AAAAA from which an appeal lies does not appeal therefrom% he shall thereafter e
precluded from disputing its correctness.
$+C. What Courts to hear appealsH Where an appeal from an! order is allowed it shall lie to the
Court to which an appeal would lie from the decree in the suit in which such order was made% or
where such order is made ! a Court &not eing a High Court' in the exercise of appellate
?urisdiction% then to the High Court.
4eneral provisions relating to appeals
$+9. )owers of Appellate CourtH &$' Su?ect to such conditions and limitations as ma! e
prescried% an Appellate Court shall have powerH
&a' to determine a case finall!;
&' to remand a case;
&c' to frame issues and refer them for trial;
&d' to ta<e additional evidence or to re7uire such evidence to e ta<en.
&-' Su?ect as aforesaid% the Appellate Court shall have the same powers and shall perform as
nearl! as ma! e the same duties as are conferred and imposed ! this Code on Courts of
original ?urisdiction in respect of suits instituted therein.
$+,. )rocedure in appeals from appellate decrees and ordersH (he provisions of this )art relating
to appeals from original decree shall% so far as ma! e% appl! to appealsH
&a' from appellate decrees% and
&' from orders made under this Code or under an! special or local law in which a different
procedure is not provided.
Appeals to the Supreme Court
$+*. When appeals lie to the Supreme CourtH Su?ect to the provisions in Chapter .; of )art ; of
the Constitution and such rules as ma!% from time to time% e made ! the Supreme Court
regarding appeals from the Courts of .ndia% and to the provisions hereinafter contained% an appeal
shall lie to the Supreme Court from an! ?udgment% decree or final order in a civil proceeding of a
High Court% if the High Court certifiesH
&i' that the case involves a sustantial 7uestion of law of general importance; and
&ii' that in the opinion of the High Court the said 7uestion needs to e decided ! the Supreme
Court.
$$+. /;alue of su?ect matters0 Rep. ! the Code of Civil )rocedure &Amendment' Act% $*91 &:*
of $*91'.
$$$. /Dar of certain appeals0 Rep. ! the A.5. $*B+.
$$$A. /Appeals to Eederal Court0 Rep. ! the Eederal Court Act% $*:$ &-$ of $*:$'.
$$-. SavingsH &$' 3othing contained in this Code shall e deemedH
&a' to affect the powers of the Supreme Court under article $1C or an! other provision of the
Constitution% or
&' to interfere with an! rules made ! the Supreme Court% and for the time eing in force% for the
presentation of appeals to that Court% or their conduct efore that Court.
&-' 3othing herein contained applies to an! matter of criminal or admiralt! or vice#admiralt!
?urisdiction or to appeals from orders and decrees of )ri6e Courts.
PART VIIIREFERENCE, REVIE$ AND REVI!ION
$$1. Reference to High CourtH Su?ect to such conditions and limitations as ma! e prescried%
an! Court ma! state a case and refer the same for the opinion of the High Court% and the High
Court ma! ma<e such order thereon as it thin<s fit "
)rovided that where the Court is satisfied that a case pending efore it involves a 7uestion as to
the validit! of an! Act% 5rdinance or Regulation or of an! provision contained in an Act%
5rdinance or Regulation% the determination of which is necessar! for the disposal of the case%
and is of opinion that such Act% 5rdinance% Regulation or provision is invalid or inoperative% ut
has not een so declared ! the High Court to which that Court is suordinate or ! the Supreme
Court% the Court shall state a case setting out its opinion and the reasons therefor% and refer the
same for the opinion of the High Court.
Explanation.H.n this section 8Regulation8 means an! Regulation of the Dengal% Doma! or
Fadras Code or Regulation as defined in the 4eneral Clauses Act% $,*9% &$+ of $,*9' or in the
4eneral Clauses Act of a State.
S(A(E AFE3@FE3(S
Andhra )radeshH .n the Explanation to section $$1 after the words 8an! Regulation of the Dengal%
Doma! or Fadras Code8 insert the words 8or an! Regulation of the Fadras Code in force% in the
State of Andhra as it existed immediatel! efore the $st 3ov. $*BC8.
/Andhra Adoption of >aws &Amendment' orders of $*B: and $*B90.
(amilnaduH .n the Explanation to section $$1 after the words 8an! Regulation of the Dengal%
Doma! or Fadras Code8 insert the words 8or an! Regulation of the Fadras Code in force in the
territories specified in Second Schedule to the Andhra )radesh and Fadras &Alteration of
Doundaries' Act% $*B*8
/Fadras Added (erritories Adaptation of >aws 5rder% $*C$0.
=nion (erritor! of )ondicherr!H Some as in (amil 3adu &Act 3o. :* of $*C-'.
$$:. ReviewH Su?ect as aforesaid% an! person considering himself aggrievedH
&a' ! a decree or order from which an appeal is allowed ! this Code% ut from which no appeal
has een preferred%
&' ! a decree or order from which no appeal is allowed ! this Court% or
&c' ! a decision on a reference from a Court of Small Causes% ma! appl! for a review of
?udgment to the Court which passed the decree or made the order% and the Court ma! ma<e such
order thereon as it thin<s fit.
$$B. RevisionH /,,0/&$'0 (he High Court ma! call for the record of an case which has een
decided ! an! Court suordinate to such High Court and in which no appeal lies thereto% and if
such suordinate Court appearsH
&a' to have exercised a ?urisdiction not vested in it ! law% or
&' to have failed to exercise a ?urisdiction so vested% or
&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!%
the High Court ma! ma<e such order in the case as it thin<s fit "
/,*0 /)rovided that the High Court shall no% under this section% var! or reverse an! order made% or
an! order deciding an issue% in the course of a suit or other proceeding% except whereH
&a' the order% if it had een made in favour of the part! appl!ing for revision% would have finall!
disposed of the suit or other proceedings% or
&' the order% if allowed to stand% would occasion a failure of ?ustice or cause irreparale in?ur! to
the part! against whom it was made.0
/*+0 /&-' (he High Court shall not% under this section% var! or reverse an! decree or order against
which an appeal lies either to the High Court or to an! Court suordinate thereto.
Explanation.H.n this section% the expression 8an! case which has een decided8 includes an!
order made% or an! order deciding an issue in the course of a suit or other proceeding.0
S(A(E AFE3@FE3(S
Fadh!a )radeshH Eor Section $$B of the principal Act% the following Section sustituted.
8$$B. Revision.H (he High Court ma! call for the record of an! cases which has een decided !
an! Court suordinate to such High Court and in which no appeal lies thereto% and if such
suordinate Court appearsH
&a' to have exercised a ?urisdiction not vested in it ! law; or
&' to have failed to exercise a ?urisdiction so vested; or
&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!% the High
Court ma! ma<e such order in the case as it thin<s fit;
)rovided that the High Court shall not% under this section% var! or reverse an! order made or an!
order deciding an issue% in the course of a suit or other proceedings except where"H
&a' the order% if it had een made in favour of the part! appl!ing for the revision% would have
finall! disposed of the suit or proceeding; or
&' the order% if allowed to stand% would occasion a failure of ?ustice or cause irreparale in?ur! to
the part! against whom it was made.
&-' (he High Court shall not% under this section% var! or reverse an! decree or order against
which an appeal lies either to the High Court or to an! court suordinate thereto.
Explanation.H .n this section% the expression 8an! case which has een decided8 includes an!
order made% or an! order deciding an issue in the course of a suit or other proceeding.
/F.). Act : of $**:0.
5rissa.H .n its application to the State of 5rissa% for section $$B% sustitute the following"H
8$$B. Revision.H (he High Court% in cases arising out of original suits or other proceedings of the
value exceeding one la<h rupees% and the @istrict Court% in an! other case% including a case
arising out of an original suit or other proceedings instituted efore the commencement of the
Code of Civil )rocedure &5rissa Amendment' Act% $**$% ma! call for the record of an! case
which has een decided ! an! Court suordinate to the High Court or the @istrict Court% as the
case ma! e% and in which no appeal lies thereto% and if such suordinate Court appearsH
&a' to have exercised a ?urisdiction not vested in it ! law; or
&' to have failed to exercise a ?urisdiction so vested; or
&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!% the High
Court or the @istrict Court% as the case ma! e% ma! ma<e such order in the case as it thin<s fit;
)rovided that in respect of cases arising out of original suits or other proceedings of an! valuation
decided ! the @istrict Court% the High Court alone shall e competent to ma<e an order under
this section"
)rovided further that the High Court or the @istrict Court shall not% under this section% var! or
reverse an! order% including an order deciding an issue% made in the course of a suit or other
proceedings% except where%H
&i' the order% if so varied or reversed% would finall! dispose of the suit or other proceedings; or
&ii' the order% if allowed to stand% would occasion a failure of ?ustice or cause irreparale in?ur! to
the part! against whom it was made.
Explanation.H .n this section% the expression 8an! case which has een decided8 includes an!
order deciding an issue in the course of a suit or other proceeding.8
/5rissa Act -C of $**$0.
=ttar )radesh.H .n its application to the State of =ttar )radesh% for section $$B% sustitute the
following"H
8$$B Revision.H (he High Court% in cases arising out of original suits or other proceedings of the
value exceeding one la<h rupees or such higher amount not exceeding five la<h rupees as the
High Court ma! from time to time fix% ! notification pulished in the 5fficial 4a6ette including
such suits or other proceedings instituted efore the date of commencement of the =.). Civil
>aws &Amendment' Act% $**$% or as the case ma! e% the date of commencement of such
notification and the @istrict Court in an! other case% including a case arising out of an original suit
or other proceedings instituted efore such date% ma! call for the record of an! case which has
een decided ! an! Court suordinate to such High Court or @istrict Court% as the case ma! e%
and in which no appeal lies thereto% and if such suordinate Court appearsH
&a' to have exercised a ?urisdiction not vested in it ! law; or
&' to have failed to exercise a ?urisdiction so vested; or
&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!%
the High Court or the @istrict Court% as the case ma! e% ma! ma<e such order in the case as it
thin<s fit"
)rovided that in respect of cases arising out of original suits or other proceedings of an!
valuation% decided ! the @istrict Court% the High Court alone shall e competent to ma<e an
order under this section"
)rovided further that the High Court or the @istrict Court shall not% under this section% var! or
reverse an! order including an order deciding an issue% made in the course of a suit or other
proceeding% except where%H
&i' the order% if so varied or reversed% would finall! dispose of the suit or other proceeding; or
&ii' the order% if allowed to stand% would occasion a failure of ?ustice or cause irreparale in?ur! to
the part! against whom it was made"
)rovided also that where a proceeding of the nature in which the @istrict Court ma! call for the
record and pass orders under this Section was pending immediatel! efore the relevant date of
commencement referred to aove% in the High Court% such Court shall proceed to dispose of the
same.
Explanation.H .n this section% the expression 8an! case which has een decided8 includes an!
order deciding an issue in the course of a suit or other proceeding.8
/=.). Acts 1$ of $*9, and $9 of $**$0
West DengalH After Section $$B of the Code the following section $$BA inserted"
8$$BA. @istrict CourtJs powers of revisionH &$' A @istrict Court ma! exercise all or an! of the
power which ma! e exercised ! the High Court under section $$B.
&-' Where an! proceedings ! wa! of revision is commenced efore a @istrict Court in pursuance
of the provision of su#section &$'% the provisions of section $$B shall% so for as ma! e% appl! to
such proceeding and references to the said section C+ the High Court shall e construed as
reference to the @istrict Court.
&1' Where an! proceeding for revision is commenced efore the @istrict Court% the decision of the
@istrict Court on such proceeding shall e final and no further proceeding ! wa! of revision shall
e entertained ! the High Court or an! other Court.
&:' .f an! application for revision has een made ! an! part! either to the High Court under
section $$B or to the @istrict Court under this section% no further application ! the same part!
shall e entertained ! the other of them.
&B' A Court of an Additional Judge shall have and ma! exercise all the powers of a @istrict Court
under this section in respect of an! proceeding which ma! e transferred to it ! or under an!
general or special order of the @istrict Court8
/West Dengal Act 3o. $B of $*,,0.
PART I#!PECIAL PROVI!ION! RELATIN" TO THE HI"H COURT! NOT %EIN" THE
COURT OF A &UDICIAL COMMI!!IONER
$$C. )art to appl! onl! to certain High CourtsH (his )art applies onl! to High Courts not eing the
Court of a Judicial Commissioner.
$$9. Application of Code to High Court.H Save as provided in this )art or in )art G or in rules% the
provisions of this Court shall appl! to such High Courts.
$$,. Execution of decree efore ascertainment of costsH Where an! such High Court considers it
necessar! that a decree passed in the exercise of its original civil ?urisdiction should e executed
efore the amount of the costs incurred in the suit can e ascertained ! taxation% the Court ma!
order that the decree shall e executed forthwith except as to so much thereof as relates to the
costs;
and% as to so much thereof as relates to the costs% that the decree ma! e executed as soon as
the amount of the costs shall e ascertained ! taxation.
$$*. =nauthori6ed persons not to address CourtH 3othing in this Code shall e deemed to
authori6e an! person on ehalf of another to address the Court in the exercise of its original civil
?urisdiction% or to examine witnesses% except where the Court shall have in the exercise of the
power conferred ! its charter authori6ed him so to do% or to interfere with the power of the High
Court to ma<e rules concerning advocates% va<ils and attorne!s.
$-+. )rovisions not applicale to High Court in original civil ?urisdictionH &$' (he following
provisions shall not appl! to the High Court in the exercise of its original civil ?urisdiction% namel!%
sections $C% $9 and -+.
PART #RULE!

$-$. Effect of rules in Eirst ScheduleH (he rules in a Eirst Schedule shall have effect as if enacted
in the od! of this Code until annulted or altered in accordance with the provisions of this )art.
$--. )ower of certain High Courts to ma<e rulesH High Courts not eing the Court of a Judicial
Commissioner ma!% from time to time after previous pulication% ma<e rules regulating their own
procedure and the procedure of the Civil Courts su?ects to their superintendence% and ma! e
such rules annul% alter or add to all or an! of the rules in the Eirst Schedule.
$-1. Constitution of Rule Committees in certain StatesH &$' A committee to e called the Rule
Committee% shall e constituted at the town which is the usual place of sitting of each of the High
Courts referred to in section $--.
&-' Each such Committee shall consist of the following persons% namel!H
&a' three Judges of the High Court estalished at the town at which such Committee is
constituted% one of whom at least has served as a @istrict Judge or a @ivisional Judge for three
!ears%
&' two legal practitioners enrolled in that Court
&c' a Judge of a Civil Court suordinate to the High Court/*$0AAAAA
/*-0AAA
&1' (he memers of each such Committee shall e appointed ! the /*10/High Court0% which shall
also nominate one of their numer to e )resident "
/*:0AAA
&:' Each memer of an! such Committee shall hold office for such period as ma! e prescried
! the /*B0/High Court0 in this ehalf; and whenever an! memer retires% resigns% dies or ceases
to reside in the State in which the Committee was constituted or ecomes incapale of acting as
a memer of the Committee% the said /*C0/High Court0 ma! appoint another person to e a
memer in his stead.
&B' (here shall e a secretar! to each such Committee who shall e appointed ! the /*90/High
Court0 and shall receiver such remuneration as ma! e provided in this ehalf ! the State
4overnment.
S(A(E AFE3@FE3(S
Assam and 3agalandH Sustitute the following for clause &a' su#section &-' of section $-1.
8&a' three ?udges of the High Court estalished at the town at which such committee is
constituted% provided that the Chief Justice ma! appoint onl! two ?udges of the High Court on the
Committee if the numer of Judges of the High Court does not exceed three8
/Assam Act 3o. ;... of $*B10.
(amil 3aduH .n section $-1 su#section &-'.
&a' 8.n clause &' for the words Ktwo legal practitionersJ sustitute the words Kthree legal
practitionersJ.8
&' 85mit the words KFadrasJ in clause &d'8.
/(amil 3adu Act 3o. $B of $*9+0.
$-:. Committee to report to High Court.H Ever! Rule Committee shall ma<e a report to the High
Court estalished at the town at which it is constituted on an! proposal to annul% alter or add to
the rules in the Eirst Schedule or to ma<e new rules% and efore ma<ing an! rules under section
$-- the High Court shall ta<e such report into consideration.
$-B. )ower of other High Courts to ma<e rulesH High Courts% other than the Courts specified in
section $--% ma! exercise the powers conferred ! that section in such manner and su?ect to
such conditions as the State government ma! determine"
)rovided that an! such High Court ma!% after previous pulication% ma<e a rule extending within
the local limits of its ?urisdiction an! rules which have een made ! an! other High Court.
$-C. Rules to e su?ect to approvalH Rules made under the foregoing provisions shall e su?ect
to the previous approval of the 4overnment of the State in which the Court whose procedure the
rules regulate is situate or% if that Court is not situate in an! State% to the previous approval of
Central 4overnment.
$-9. )ulication of rulesH Rules so made and approved shall e pulished in the 5fficial 4a6ette
and shall from the date of pulication or from such other date as ma! e specified have the same
force and effect% within the local limits of the ?urisdiction of the High Court which made them% as if
the! had een contained in the Eirst Schedule.
$-,. Fatters for which rules ma! provideH &$' Such rules shall e not inconsistent with the
provisions in the od! of this Code% ut% su?ect thereto% ma! provide for an! matters relating to
the procedure of Civil Courts.
&-' .n particular% and without pre?udice to the generalit! of the powers conferred ! su#section
&$'% such rules ma! provide for all or an! of the following matters% namel! "H
&a' the service of summons% notices and other processes ! post or in an! other manner either
generall! or in an! specified areas% and the proof of such service;
&' the maintenance and custod!% while under attachment% of live#stoc< and other movale
propert!% the fees pa!ale for such maintenance and custod!% the sale of such live#stoc< and
propert! and the proceeds of such sale;
&c' procedure in suits ! wa! of counterclaim and the valuation of such suits for the purposes of
?urisdiction;
&d' procedure in garnishee and charging order either in addition to% or in sustitution for% the
attachment and sale of dets;
&e' procedure where the defendant claims to e entitled to contriution or indemnit! over against
an! person whether a part! tot he suit or not;
&f' summar! procedureH
&i' in suits in which the plaintiff see<s onl! to recover a det or li7uidated demand in mone!
pa!ale ! the defendant% with or without interest% arisingH
on a contract express or implied; or
on an enactment where the sum sought to e recovered is a fixed sum of mone! or in the nature
of a det other than a penalt!; or
on a guarantee% where the claim against the principal is in respect of a det or a li7uidated
demand onl!; or
on trust; or
&ii' in suits for the recover! of immovale propert!% with or without claim for rent or mesne profits%
! a landlord against a tenant whose term has expired or has een dul! determined ! notice to
7uit% or has ecome liale to forfeiture for non# pa!ment of rent% or against persons claiming
under such tenant;
&g' procedure ! wa! of originating summons;
&h' consolidation of suits% appeals and other proceedings;
&i' delegation to an! Registrar% )rothonotar! or Faster or other official of the Court of an! ?udicial%
7uasi#?udicial and non#?udicial duties; and
&?' all forms% registers% oo<s% entries and accounts which ma! e necessar! or desirale for the
transaction of the usiness of Civil Courts.
$-*. )ower of High Court to ma<e rules as to their original Civil )rocedureH 3otwithstanding
an!thing in this Code% an! High Court not eing the Court of a Judicial Commissioner ma! ma<e
such rules not inconsistent with the >etters )atent or order or other law estalishing it to regulate
its own procedure in the exercise of its original civil ?urisdiction as it shall thin< fit% and nothing
herein contained shall affect the validit! of an! such rules in force at the commencement of this
Code.
$1+. )owers of other High Court to ma<e rules as to matters other than procedureH A High Court
not eing a High Court to which section $-* applies ma!% with the previous approval of the State
4overnment ma<e with respect to an! matter other than procedure an! rule which a High Court
for a State might under article --9 of the Constitution ma<e with respect to an! such matter for
an! part of the territories under its ?urisdiction which is not included within the limits of a
presidenc! town.
$1$. )ulication of rulesH Rules made in accordance with section $-* or section $1+ shall e
pulished in the 5fficial 4a6ette and shall from the date of pulication or from such other date as
ma! e specified have the force of law.
PART #IMI!CELLANEOU!
$1-. Exemption of certain women from personal appearanceH &$'Women who% according to the
customs and manners of the countr!% ought not to e compelled to appear in pulic shall e
exempt from personal appearance in Court.
&-' 3othing herein contained shall e deemed to exempt such women from arrest in execution of
civil process in an! case in which the arrest of women is not prohiited ! this Code.
$11. Exemption of other personsH &$'(he following persons shall e entitled to exemption from
personal appearance in Court% namel!H
&i' the )resident of .ndia;
&ii' the ;ice#)resident of .ndia;
&iii' the Spea<er of the House of the )eople;
&iv' the Finisters of the =nion;
&v' the Judges of the Supreme Court;
&vi' the 4overnors of States and the administrators of =nion (erritories;
&vii' the Spea<ers of the State >egislative Assemlies;
&viii' the Chairman of the State >egislative Councils;
&ix' the Finisters of States;
&x' the Judges of the High Courts; and
&xi' the persons to whom section ,9D applies.
/*,0AAA
&1' Where an! person claims the privilege of such exemption% and it is conse7uentl! necessar! to
examine him ! commission% he shall pa! the costs of that commission% unless the part! re7uiring
his evidence pa!s such costs.
$1:. Arrest other than in execution of decreeH (he provisions of sections BB% B9 and B* shall
appl!% so far as ma! e% to all persons arrested under this Code.
$1B. Exemption from arrest under civil processH &$' 3o Judge% Fagistrate or other ?udicial officer
shall e liale to arrest under civil process while going to% presiding in% or returning from his Court.
&-' Where an! matter is pending efore a triunal having ?urisdiction therein% or elieving in good
faith that it has such ?urisdiction% the parties thereto% their pleader% mu<htars% revenue#agents and
recogni6ed agents% and their witnesses acting in oedience to a summons% shall e exempt from
arrest under civil process other than process issued ! such triunal for contempt of Court while
going to or attending such triunal for the purpose of such matter% and while returning from such
triunal.
&1' 3othing in su#section &-' shall enale a ?udgment#detor to claim exemption from arrest
under an order for immediate execution or where such ?udgment#detor attends to show cause
wh! he should not e committed to person in execution of a decree.
$1BA. Exemption of memers of legislative odies from arrest and detention under civil processH
/**0/&$' 3o person shall e liale to arrest or detention in prison under civil processH
&a' if he is a memer ofH
&i' either House of )arliament% or
&ii' the legislative Asseml! or >egislative Council of a State% or
&iii' a >egislative Asseml! of a =nion territor!%
during the continuance of an! meeting of such House of )arliament or% as the case ma! e% of
the >egislative Asseml! or the >egislative Council;
&' if he is a memer of an! committee ofH
&i' either House of )arliament% or
&ii' the >egislative Asseml! of a State or =nion territor!% or
&iii' the >egislative council of a State%
during the continuance of an! meeting of such committee;
&c' if he is a memer ofH
&i' either House of )arliament% or
&ii' a >egislative Asseml! or >egislative Council of a State having oth such Houses%
during the continuance of a ?oint sitting% meeting% conference or ?oint committee of the Houses of
)arliament or Houses of the State >egislature% as the case ma! e%
and during the fort! da!s efore and after such meeting% sitting or conference.0
&-' A person released from detention under su#section &$'% shall% su?ect the provisions% of the
said su#section%e liale to re#arrest and to the further detention to which he would have een
liale if he had not een released under the provisions of su#section &$'.
$1C. )rocedure where person to e arrested or propert! to e attached is outside districtH &$'
Where an application is made that an! person shall e arrested or that an! propert! shall e
attached under an! provision of this Code not relating to the execution of decrees% and such
person resides or such propert! is situate outside the local limits of the ?urisdiction of the Court to
which the application is made% the Court ma!% in its discretion% issue a warrant of arrest or ma<e
an order of attachment% and send to the @istrict Court within the local limits of whose ?urisdiction
such person or propert! reside or is situate a cop! of the warrant or order% together with the
proale amount of the costs of the arrest or attachment.
&-' (he @istrict Court shall% on receipt of such cop! and amount% cause the arrest or attachment
to e made ! its own officers% or ! a Court suordinate to itself% and shall inform the Court
which issued or made such warrant or order of the arrest or attachment.
&1' (he Court ma<ing an arrest under this section shall send the person arrested to the Court !
which the warrant of arrest was issued% unless he shows cause to the satisfaction of the former
Court wh! he should not e sent to the later Court% or unless he furnishes sufficient securit! for
his appearance efore the later Court or for satisf!ing an! decree that ma! e passed against
him ! that Court% in either of which cases the Court ma<ing the arrest shall release him.
&:' Where a person to e arrested or movale propert! to e attached under this section is within
th local limits of the ordinar! original civil ?urisdiction of the High Court of Judicature at Eort
William in Dengal or at Fadras or at Doma!% the cop! of the warrant of arrest or of the order of
attachment% and the proale amount of the costs of the arrest or attachment% shall e sent to the
Court of Small Causes of Calcutta% Fadras or Doma! as the case ma! e% and that Court% on
receipt of the cop! and amount% shall proceed as if it were the @istrict Court.
$19. >anguage of suordinate CourtsH &$' (he language which% on the commencement of this
Code% is the language of an! Court suordinate to a High Court shall continue to e the language
of such suordinate Court until the State 4overnment otherwise directs.
&-' (he State 4overnment ma! declare what shall e the language of an! such Court and in what
character applications to and proceedings in such Court shall e written.
&1' Where this Court re7uires or allows an!thing other than the recording of evidence to e done
in writing in an! such Court% such writing ma! e in English; ut if an! part! or his pleader is
unac7uainted with English a tanslation into the language of the Court shall% at his re7uest% e
supplied to him; and the Court shall ma<e such order as it thin<s fit in respect of the pa!ment of
the costs of such translation.
S(A(E AFE3@FE3(S
Ra?asthanH Eor su#section &1' of section $19 sustitute the following"
8&1' Wherever the code re7uires or allows an!thing other than the recording of evidence to e
done in writing in an! such court% such writing shall e in Hindi in @evnagri Script with the
international from of .ndian numerals.
)rovided that the court ma! in its decretion accept such writing in England on the underta<ing of
the part! filing such writing% to file a Hindi translation of the same% within such time as ma! e
granted ! the Court and the opposite part! shall have a cop! of such writing in Hindi.8
/Ra?. Act 3o. 9 of $*,10.
=ttar )radeshH (o section $19 &1' insert the following proviso"
8)rovided that with effect from such date as the State 4overnment in consultation with the High
Court ma! ! notification in the 4a6ette appoint% the language of ever! ?udgment% decree or order
passed on made ! such courts or classes of courts suordinate to the High Court and in such
classes of cases as ma! e specified shall onl! e Hindi in @evnagri Script with the international
form of .ndian numerals8.
&=.). Act 3o. $9 of $*9+'.
$1,. )ower of High Court to re7uire evidence to e recorded in EnglishH &$' (he High Court ma!%
! notification in the 5fficial 4a6ette% direct with respect to an! Judge specified in the notification%
or falling under a description set forth therein% that evidence in cases in which an appeal is
allowed shall e ta<en down ! him in the English language and in manner prescried.
&-' Where a Judge is prevented ! an! sufficient reason from compl!ing with a direction under
su#section &$'% he shall record the reason and cause the evidence to e ta<en down in writing
from his dictation in open Court.
S(A(E AFE3@FE3(S
Assam% 3agaland% Feghala!a% (ripura and FanipurH Eor section $1,% sustitute the following
section"H
8$1,. )ower of High Court to re7uire evidence to e record in English.H (he High Court ma!% !
notification% in the 5fficial 4a6ette% direct with respect to an! Judge specified in the notification% or
falling under a description set forth therein that in cases in which an appeal is allowed% he shall
ta<e down% or cause to e ta<en down% the evidence in the English language and in the form and
manner prescried.8
/Assam Act - of $*:$% State of 3agaland Act -9 of $*C-0.
$1*. 5ath on affidavit ! whom to e administeredH .n the case of an! affidavit under this CodeH
&a' an! Court or Fagistrate% or
/$++0 /&aa' an! notar! appointed under the 3otaries Act% $*B- &B1 of $*B-'; or0
&' an! officer or other person whom a High Court ma! appoint in this ehalf% or
&c' an! officer appointed ! an! other Court which the State 4overnment has generall! or
speciall! empowered in this ehalf%
ma! administer the oath to the deponent.
S(A(E AFE3@FE3(S
=ttar )radeshH &i' for clause &' of section $1* sustitute"
8&' an! person appointed in this ehalf ! a High Court or ! a district court; or8
&ii' for clause &c' of section $1* sustitute"
8&c' an! person appointed in this ehalf ! such other court as the State 4ovt. ma!% ! general or
special order% empower in this ehalf.8
/=.). Act 3o. $$ of $*,$0.
$:+. Assessors in causes of salvage etc.H &$' .n an! admiralt! or vice#admiralt! cause of salvage%
towage or collision% the Court% whether it e exercising its original or its appellate ?urisdiction ma!%
if it thin<s fit% and shall upon re7uest of either part! to such cause% summon to its assistance% in
such manner as it ma! direct or as ma! e prescried % two competent assessors; and such
assessors shall attend and assist accordingl!.
&-' Ever! such assessor shall receive such fees for his attendance% to e paid ! such of the
parties as the Court ma! direct or as ma! e prescried.
$:$. Fiscellaneous proceedingsH (he procedure provided in this Code in regard to suit shall e
followed% as far as it can e made applicale% in all proceedings in an! Court of civil ?urisdiction.
/$+$0/Explanation.H.n this section% the expression 8proceedings8 includes proceedings under
5rder .G% ut does not include an! proceeding under article --C of the Constitution.0
$:-. 5rders and notices to e in writingH All orders and notices served on or given to an! person
under the provisions of this Code shall e in writing.
$:1. )ostageH )ostage% where chargeale on a notice% summons or letter issued under this Code
and forwarded ! post% and the fee for registering the same% shall e paid within a time to e fixed
efore the communications made "
)rovided that the State 4overnment ma! remit such postage% or fee% or oth% or ma! prescrie a
scale of court#fees to e levied in lieu thereof.
$::. Application for restitutionH &$' Where and in so far as a decree or an order is /$+-0/varied or
reversed in an! appeal% revision or other proceedings or is set aside or modified in an! suit
instituted for the purpose the Court which passed the decree or order0 shall% on the application of
an! part! entitled to an! enefit ! wa! of restitution or otherwise% cause such restitution to e
made as will% so far as ma! e% place the parties in the position which the! would have occupied
ut for such decree or order or /$+10/such part thereof as has een varied% reversed% set aside or
modified0% and% for this purpose% the Court ma! ma<e an! orders% including orders for the refund
of costs and for the pa!ment of interest% damages% compensation and mesne profits% which are
properl! /$+:0/conse7uential on such variation% reversal% setting aside or modification of the
decree or order.0
/$+B0 /Explanation.HEor the purposes of su#section &$' the expression 8Court which passed the
decree or order8 shall e deemed to include%H
&a' where the decree or order has een varied or reversed in exercise of appellate or revisional
?urisdiction% the Court of first instance;
&' where the decree or order has een set aside ! a separate suit% the Court of first instance
which passed such decree or order;
&c' where the Court of first instance has ceased to exist or has ceased to have ?urisdiction to
execute% it% the Court which% if the suit wherein the decree or order was passed were instituted at
the time of ma<ing the application for restitution under this section% would have ?urisdiction to tr!
such suit.0
&-' 3o suit shall e instituted for the purpose of otaining an! restitution or other relief which
could e otained ! application under su#section &$'.
S(A(E AFE3@FE3(S
=ttar )radeshH Sustitute the following for su#section &$' of section $:: of the Code"
8&$' Where and in so far as a decree or an order is varied or reversed in appeal% revision or
otherwise% the Court of first instance shall% on the application of an! part! entitled to an! enefit
! wa! of restitution or otherwise% cause such restitution to e made% as will% so for as ma! e%
place the parties in the position which the! would have occupied ut for such decree or order or
such part there of as has een varied or reversed; and for this purpose% the Court ma! ma<e an!
orders% including orders for the refused of costs and for the pa!ment of interest% damages%
compensation and mesne profits% which are properl! conse7uential on such variation or reversal8.
/=.). Act 3o. -: of $*B:0.
$:B. Enforcement of liailit! of suret!H Where an! person /$+C0/has furnished securit! or given a
guarantee0H
&a' for the performance of an! decree or an! part thereof% or
&' for the restitution of an! propert! ta<en in execution of a decree% or
&c' for the pa!ment of an! mone!% or for the fulfilment of an! condition imposed on an! person%
under an order of the Court in an! suit or in an! proceeding conse7uent thereon%
/$+90/the decree or order ma! e executed in the manner therein provided for the execution of
decree% namel! "H
&i' if he has rendered himself personall! liale% against him to that extent;
&ii' if he has furnished an! propert! as securit!% ! sale of such propert! to the extent of the
securit!;
&iii' if the case falls oth under clauses &i' and &ii' then to the extent specified in those clauses%
and such person shall% e deemed to e a part! within the meaning of section :9 "0
)rovided that such notice as the Court in each case thin<s sufficient has een given to the suret!.
S(A(E AFE3@FE3(S
=ttar )radeshH Sustitute the following for section $:B;
8$:B. Where an! person has ecome liale as suret! or given an! propert! as securit!"
&a' for the performance of an! decree or an! part there of% or
&' for the restitution of an! propert! ta<en in execution of an! decree% or
&c' for the pa!ment of an! mone! or for the fulfilment of an! condition imposed on an! person%
under an order of the Court in an! suit or in an! proceeding Conse7uent there on%H the decree or
order ma! e executed in the manner herein provided for the execution of decrees"H
&i' if he has rendered himself personall! liale% against him to that extent; and
&ii' if he has given an! propert! as securit!% ! sale of such propert! to the extent of the securit!;
such person shall% for the purposes of appeal% e deemed to e a part! within the meaning of
section :9"
)rovided that such notice as the Court in each case thin<s sufficient has een given to the suret!.
Explanation"H Eor the purposes of this section a person entrusted ! a Court with custod! of an!
propert! attached in execution of an! decree or order shall e deemed to have ecome liale as
suret! for the restitution of such propert! within the meaning of clause &'.8
/=.). Act 3o. -: of $*B:0.
$:C. )roceedings ! or against representativesH Save as otherwise provided ! this Code or !
an! law for the time eing in force% where an! proceeding ma! e ta<en or application made ! or
against an! person then the proceeding ma! e ta<en or the application ma! e made ! or
against an! person claiming under him.
$:9. Consent or agreement ! persons under disailit!H .n all suits to which an! person under
disailit! is a part!% an! consent or agreement% as to an! proceeding shall% if given or made with
the express leave of the Court ! the next friend or guardian for the suit% have the same force and
effect as if such person% were under no disailit! and had given such consent or made such
agreement.
$:,. Enlargement of timeH Where an! period is fixed or granted ! the Court for the doing of an!
act prescried or allowed ! this Code% the Court ma!% in its discretion% from time to time% enlarge
such period% even though the period originall! fixed or granted ma! gave expired.
/$+,0/$:,A. Right to lodge a caveatH &$' Where an application is expected to e made% or has
een made% in a suit or proceedings instituted% or aout to e instituted% in a Court% an! person
claiming a right to appear efore the Court on the hearing of such application ma! lodge a caveat
in respect thereof.
&-' Where a caveat has een lodged under su#section &$'% the person ! whom the caveat has
een lodged &hereinafter referred to as the caveator' shall serve a notice of the caveat !
registered post% ac<nowledgement due% on the person ! whom the application has een or is
expected to e% made% under su#section &$'.
&1' Where% after a caveat has een lodged under su#section &$'% an! application is filed in an!
suit or proceeding% the Court% shall serve a notice of the application on the caveator.
&:' Where a notice of an! caveat has een served on the applicant% he shall forthwith furnish the
caveator at the caveatorJs expense% with a cop! of the application made ! him and also with
copies of an! paper or document which has een% or ma! e% filed ! him in support of the
application.
&B' Where a caveat has een lodged under su#section &$'% such caveat shall not reman in force
after the expir! of ninet! da!s from the date on which it was lodged unless the application
referred to in su#section &$' has een made efore the expir! of the said period.0
$:*. )ower to ma<e up deficienc! of court#feesH Where the whole or an! part of an! fee
prescried for an! document ! the law for the time eing in force relating to court#fees has not
een paid% the Court ma!% in its discretion% at an! stage% allow the person% ! whom such fee is
pa!ale% to pa! the whole or part% as the case ma! e% of such court#fee; and upon such pa!ment
the document% in respect of which such fee is pa!ale% shall have the same force and effect as if
such fee had een paid in the first instance.
$B+. (ransfer of usinessH Save as otherwise provide% where the usiness of an! Court is
transferred to an! other Court% the Court to which the usiness is so transferred shall have the
same powers and shall perform the same duties as those respectivel! conferred and imposed !
or under this Code upon the Court from which the usiness was so transferred.
$B$. Saving of inherent powers of CourtH 3othing in this Code shall e deemed to limit or
otherwise affect the inherent power of the Court to ma<e such orders as ma! e necessar! for
the ends of ?ustice or to prevent ause of the process of the Court.
$B-. Amendment of ?udgments% decrees or ordersH Clerical or arithmetical mista<es in ?udgments%
decrees or orders or errors arising therein from an! accidental slip or omission ma! at an! time
e corrected ! the Court either of its own motion or on the application of an! of the parties.
$B1. 4eneral power to amendH (he Court ma! at an! time and on such terms as to costs or
otherwise as it ma! thin< fit% amend an! defect or error in an! proceeding in a suit% and all
necessar! amendments shall e made of the purpose of determining the real 7uestion or issue
raised ! or depending on such proceeding.
/$+*0/$B1A. )ower to amend decree or order where appeal is summaril! dismissed.H Where an
Appellate Court dismisses an appeal under rule $$ of 5rder G>.% the power of the Court to
amend% under section $B-% the decree or order appealed against ma! e exercised ! the Court
which had passed the decree or order in the first instance% notwithstanding that the dismissal of
the appeal has the effect of confirming the decree or order% as the case ma! e% passed ! the
Court of first instance.
$B1D. )lace of trial to e deemed to e open CourtH (he place in which an! Civil Court is held for
the purpose of tr!ing an! suit shall e deemed to e an open Court% to which the pulic generall!
ma! have access so far as the same can convenientl! contain them "
)rovided that the presiding Judge ma!% if he thin<s fit% order at an! stage of an! in7uir! into or
trial of an! particular case% that the pulic generall! or an! particular person% shall not have
access to% or e or remain in% the room or uilding used ! Court.0
$B:. /Saving of present right of appeal0H Rep. ! the Repealing and Amending Act% $*B- &:, of
$*B-'% s. - and Sch. ..
$BB. /Amendment of certain Acts0H Rep. ! the Repealing and Amending Act% $*B- &:, of $*B-'%
s. - and Sch. ..
$BC. /Repeals0H Rep. ! the Second Repealing and Amending Act% $*$: &$9 of $*$:'% s. 1 and
Sch. ...
$B9. Continuance of orders under repealed enactments.H 3otifications pulished% declarations
and rules made% places appointed% agreements filed% scales prescried% forms framed%
appointments made and powers conferred under Act , of $,B* or under an! Code of Civil
)rocedure or an! Act amending the same or under an! other enactment here! repealed shall%
so far as the! are consistent with this Code% have the same force and effect is if the! had een
respectivel! pulished% made% appointed% filed% prescried% framed and conferred under this Code
and ! the authorit! empowered there! in such ehalf.
$B,. Reference to Code of Civil )rocedure and other repealed enactments.H .n ever! enactment
or notification passed or issued efore the commencement of this Code in which reference is
made to or to an! Charter or section of Act , of $,B* or an! Code of Civil )rocedure or an! Act
amending the same or an! other enactment here! repealed% such reference shall% so far as ma!
e practicale% e ta<en to e made to this Code or to its corresponding )art% 5rder% section or
rule.