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Code of Civil Procedure, 1908 / ACT NO.5. OF 1908 1. Short title; 2. Definitions; 3. Subordination of Courts; 4. Savings; 5. Application of the Code to Revenue Courts; 6. Pecuniary jurisdiction; 7. Provincial Small Cause Courts; 8. Presidency Small Cause Courts; Part I — Suits In General; 9. Courts to try all civil suits unless barred; 10. Stay of suit; 11. Res judicata; 12. Bar to further suit; 13. When foreign judgment not conclusive; 14. Presumption as to foreign judgments; 15. Court in which suits to be instituted; 16. Suits to be instituted where subject matter situate; 17. Suits for immovable property situate within jurisdiction of different Courts; 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain; 19. Suits for compensation for wrongs to person or movables; 20. Other suits to be instituted where defendants reside or cause of action arises; 21. Objections to jurisdiction; 22. Power to transfer suits which may be instituted in more than one Court; 23. To what Court application lies; 24. General power of transfer and withdrawal; 25. Power of State Government to transfer suits; 26. Institution of suits; 27. Summons to defendants; 28. Service of summons where defendant resides in another State; 29. Service of foreign summons. Summonses and other processes issued by __; 30. Power to order discovery and the like. — Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party; 31. Summons to witness; 32. Penalty for default; 33. Judgment and decree; 34. Interest; 35. Costs;
40. 44. Definition of Court which passed a decree. 68. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. . 59. 77. Prohibition of arrest or detention of women in execution of decree for money. Seizure of property in dwelling house.2 Part II — Execution. 56. 64. 58. Questions to be determined by the Court executing decree. 37. ———————————————————— 61. Partition of estate or separation of share. 51. Execution of decrees passed by Revenue Courts in places to which this Code does not extend. 74. 53. Proceeds of execution-sale to be rateably distributed among decree-holders. Court by which decree may be executed. Enforcement of decree against legal representative. 63. Transfer of decree. 55. 36. Execution of decrees passed by Civil Courts in places to which this Code does not extend. 57. 54. Property liable to attachment and sale in execution of decree. Private alienation of property after attachment to be void. Liability of ancestral property. Precepts. 65. Letter of request. 69. Power to prescribe rules for transferring to Collector execution of certain decrees. 76. 47. Commission to another Court. Application to orders. Result of execution-proceedings to be certified. 38. Property attached in execution of decrees of several Courts. 39. Subsistence allowance. Collector deemed to be acting judicially. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff. Powers of Court to enforce execution. Power of Court to issue commissions. 45. Partial exemption of agricultural produce. Arrest and detention. Where Court may authorize Collector to stay public sale of land. 75. PART III — Incidental Proceedings. Provisions of Third Schedule to apply. 48. Powers of Court in executing transferred decree. Transferee. 50. 52. Legal representative. 66. Transfer of decree to Court in another State. 42. 49. Purchasers title. 70. 46. 44A Execution of decrees passed by Courts in reciprocating territory. Execution barred in certain cases. Release on ground of illness. 67. Resistance to execution. 72. 43. 62. Rules of procedure. 41. 60. Detention and release. Execution of decrees outside India. 73. 71.
Orders from which appeal lies.] Rep. Compensation for obtaining arrest. When appeal lie to the Supreme Court. 94. 101. [Arbitration. to Government officials 81. 113. 100. Supplemental proceedings. What Courts to hear appeals. . Second appeal on no other grounds. 102. 108. When foreign States may sue. 112. When aliens may sue. 93. Public nuisances. 114. Part V — Special Proceedings. 115. Part VII — Appeals From Original Decrees. Appeal from final decree where no appeal from preliminary decree. Power of Appellate court. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. 85. Where interpleader suit may be instituted. Exemption from arrest and personal appearance. 105. Second appeal. 91. ———————————————————————— 88. 87B Application of sections 85. 97. Reference to High Court. Revision. 90. Savings. 109. 1940. 104. 111A Appeal to Federal Court. 107. Suits against foreign Rulers. Other orders. attachment or injunction on insufficient grounds. Power to state case for opinion of Court. Review And Revision. 98. 87. 82. Review. Public Charities. 95. 96. Appeal from original decree. Style of foreign Rulers as parties to suits. by the Arbitration Act. 106. 110. Notice. Bar of certain appeals. 84. Execution of decree. 87A Definitions of foreign State and Rulers. Value of subject-matter. 89. Power of High Court to determine issues of fact. 86. 80. 111. 92. No second appeal in certain suits. Part VIII — Reference. Ambassadors and Envoys. Exercise of powers of Advocate General outside presidency-towns. to Rulers of former Indian States. 103. ——————————————————————————— 83. and 86. No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction.3 PART IV — Suits In Particular Cases. Procedure in appeals from appellate decrees and orders. Part VI — Supplemental Proceedings. 99. Decision where appeal heard by two or more Judges.
149. Unauthorized persons not to address Court. decrees or orders.4 Part IX — Special Provisions Relating To The "Chartered High Courts” 116. . Orders and notices to be in writing. 145. Power of High Courts to make rules as to their original civil procedure. Effect of rules in First Schedule. 125. 127. Enlargement of time. 156. 126. 150. 132.. 157. 138. 128. Proceedings by or against representatives. Matters for which rules may provide. Part X — Rules. Miscellaneous proceedings. 130. 137. 155. 118. Consent or agreement by persons under disability. 131. Exemption from arrest under civil Process. Power of certain High Court to make rules. Arrest other than in execution of decree. Constitution of Rule Committees in certain States. Power of High Court to require evidence to be recorded in English . Postage. Publication of rules. 153. 146. Enforcement of Liability of surety. Rules to be subject to approval. etc. Saving of present right of appeal. 119. 151. 154. Exemption of other persons. 134. 136. 121. Application of Code to High Courts. Power of other High Courts to make rules. Part XI Miscellaneous. Saving of inherent powers of Court. Continuance of Orders under repealed enactments. 122. 123. 140. 120. 135A Exemption of members of legislative bodies from arrest and detention under civil process. 143. Power to make up deficiency of court-fees. 135. Committee to report to High Court. 133. Amendment of certain Acts. Procedure where person to be arrested or property to be attached is outside district. Amendment of judgments. Execution of decree before ascertainment of costs. Provision not applicable to High Court on original civil jurisdiction. Reference to Code of Civil Procedure and other repealed enactment. 152. Application for restitution. Power of other High Courts to make rules as to matters other than procedure. 144. 147. 117. Exemption of certain women from personal appearance. 148. 158. Oath on affidavit by whom to be administered. Transfer of business. General power to amend. Assessors in causes of salvage. 124. Publication of rules. Language of Subordinate Courts. 141. 129. Repeals. Part to apply only to certain High Courts. 139. 142.
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