Sec 36 - Application to The provisions of this Code relating to the execution of decrees shall, to apply to the

orders execution of orders also

Sec 37- Definition of Court
which passed a decree
The expression “Court which passed a decree”, deemed to include,—
(a) where the decree to be executed has been passed in the exercise of appellate
jurisdiction, the court of first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute
it, the Court which would have jurisdiction to try such suit.

COURTS BY WHICH DECREES MAY BE EXECUTED

Sec 38 -Court by which i.A decree may be executed either by the court which passed it,
decree may be executed ii.or by the court to which it is sent for execution.
Sec 39 - Transfer of decree
(1) The Court which passed a decree may, on the application of the decree holder, send it for execution to another court
of competent jurisdiction

(a) if the person against whom the decree is actually and voluntarily resides or 
passed carries on business, or personally works for gain, within the local limits of
the jurisdiction of such other court, or

(b) if such person has no property within the and has property within the local limits of the jurisdiction of such other
local limits of the jurisdiction of the court court, or
which passed the decree sufficient to satisfy
such decree

(C) if such decree directs the sale or delivery situate outside the local limits of the jurisdiction of the court which
of immovable property passed it, or

(d) if the court which passed the decree that the decree should be executed by such other court
considers for any other reason, which it shall
record in writing,

(2) The Court which passed a decree may to its own motion send it for execution to any subordinate court of competent
jurisdiction.

Sec 40 - Transfer of decree Where a decree is sent for execution in another State, it shall be sent to such court and
to court in another State executed in such manner as may be prescribed by rules in force in that State.

Sec 41 Result of execution  The court to which a decree is sent for execution shall certify to the court which passed it
proceedings to be certified the fact of such execution, or, where the former court fails to execute the same the
circumstances attending such failure.

Sec 42 - Powers of court in
executing transferred
decree
(1)The Court executing a decree sent to it shall have the same powers in executing such
decree as if it had been passed by itself.
(2)The powers of the Court under that sub-section shall include the following powers of
the court which passed the decree.
 power to send the decree for execution to another Court under section 39
 power to execute the decree against the legal representative of the deceased
judgment debtor under section 50;
 power to order attachment of a decree
(4) Nothing in this section shall be deemed to confer on the court to which a decree is
sent for execution any of the following powers, namely:—

a. power to order execution at the instance of the transferee of the decree,

b. in the case of a decree passed against a firm, power to grant leave to execute
such decree against any person, other than such a person as is referred to in
order 21 Rule 50 –subRule (1)(b)(c).
Sec 46 - Precepts (1) Upon the application of the decree holder the court which passed the decree may,
whenever it thinks fit, issue a precept to any other court which would be competent to
execute such decree to attach any property belonging to the judgment debtor and
specified in the precept.
(2) The court to which a precept is sent shall proceed to attach the property .
Provided that no attachment under a precept shall continue for more than 2months

i. unless the period of attachment is extended by an order of the court which

passed the decree or
ii. unless before the determination of such attachment the decree has been
transferred to the court by which the attachment has been made and the decree
holder has applied for an order for the sale of such property.
QUESTION TO BE DETERMINED BY COURT EXECUTING DECREE

Sec 47 .Questions to be (1) All questions arising between the parties to the suit relating to the execution,
 determined by the Court discharge or satisfaction of the decree, shall be determined by the Court executing
executing decree the decree and not by a separate suit.
(3) question whether any person is or is not the representative of a party, shall be
determined by the court
Explanation ll: (a) a purchaser at a sale in execution of a decree shall be deemed to be a
party to the suit and
(b) All questions relating to the delivery of possession of such property to such purchaser
or his representative shall be deemed to be questions relating to the execution, discharge
or satisfaction of the decree within the meaning of this section.

TRANSFEREES AND LEGAL REPRESENTATIVES

Sec 49.Transferee

Sec 50 . Legal (2) Where the decree is executed against such legal representative
Representative
- he shall be liable only to the extent of the property of the deceased which has
come to his hands and has not been duly disposed of;
and, for the purpose of ascertaining such liability,

- the court executing the decree may, of its own motion or on the application of
the decree holder, compel such legal representative to produce such accounts as
it thinks fit. 
PROCEDURE IN EXECUTION

Sec 51- Powers of The court may, on the application of the decree holder, order execution of the decree—
court to enforce (a) by delivery of any property specifically decreed;
execution (b) by attachment and sale or by sale without attachment of any property;
(c) by arrest and detention in prison
(d) by appointing a receiver; or
(e) in such other manner
Provided that, where the decree is for the payment of money, execution by detention in prison
shall not be ordered unless, after giving the judgment debtor an opportunity of showing cause
why he should not be committed to prison, the court, for reasons recorded in writing, is satisfied
—
(a) that the judgment debtor, with the object or effect of obstructing or delaying the execution of
the decree,—

i. is likely to abscond or leave the local limits of the jurisdiction of the Court. or
ii. has, after the institution of the suit dishonestly transferred, concealed, or removed any
part of his property, or committed any other act of bad faith in relation to his property, or
(b) that the judgment debtor has, or has had since the date of the decree, the means to pay the
amount of the decree or some substantial part thereof and refuses or neglects or has refused or
neglected to pay the same, or
(c) that the decree is for a sum for which the judgment debtor was bound in a fiduciary capacity
to account.

Sec 54 - Partition of  Where the decree is for the partition of an undivided estate
estate or separation  assessed to the payment of revenue to the Government
of shares.-   the partition of the estate or the separation of the share shall be made by the Collector

ARREST AND DETENTION

Sec 55 – Arrest and (1) A judgment debtor may be arrested in execution of a decree at any hour and on any day, and
detention shall, as soon as practicable, be brought before the Court, and his detention may be in the civil
prison of the district in which the court ordering the detention is situate
- for the purpose of making an arrest under this section, no dwelling house shall be entered after
Provided, firstly sunset or before sunrise
- no outer door of a dwelling house shall be broken open unless such dwelling house is in the
Provided, secondly occupancy of the judgment debtor and he refuses or in any way prevents access thereto,
but when the officer authorised to make the arrest has duly gained access to any dwelling house,
he may break open the door of any room which he has reason to believe the judgment debtor is to
be found:
- if the room is in the actual occupancy of a woman who is not the judgment debtor and who
according to the customs of the country does not appear in public,
Provided, thirdly a. the officer authorised to make the arrest shall give notice to her that she is at liberty to
withdraw, and,
b. after allowing a reasonable time for her to withdraw and giving her reasonable facility for
withdrawing, may enter the room for the purpose of making the arrest:
- that, where the decree in execution of which a judgment debtor is arrested,
1. is a decree for the payment of money
2. and the judgment debtor pays the amount of the decree
 3. and the costs of the arrest to the officer arresting him,
Provided, fourthly 4. such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or
class of persons whose arrest might be attended with danger or inconvenience to the public shall
not be liable to arrest in execution of a decree otherwise than in accordance with such procedure
as may be prescribed by the State Government in this behalf.
(3)Where a judgment debtor is arrested in execution of a decree for the payment of money and
brought before the court,
i. the court shall inform him that he may apply to be declared insolvent,
ii. and that he may be discharged if he has not committed any act of bad faith regarding the
subject of the application and if he complies with the provisions of the law of insolvency
for the time being in force.
(4) Where a judgment debtor expresses his intention to apply to be declared an insolvent
a) and furnishes security, to the satisfaction of the court,
b) that he will within one month so apply, and that he will appear, when called upon,
c) in any proceeding upon the application or upon the decree in execution of which he was
arrested,
d) the court may release him from arrest, and, if he fails so to apply and to appear, the court
may either direct the security to be realised or commit him to the civil prison in execution
of the decree.
Sec 56 - Prohibition of arrest or detention of women in execution of decree for money.
Sec 57 The State Government may fix scales, graduated according to rank, race and nationality, of
 Subsistence monthly allowances payable for the subsistence of judgment debtors
allowance
Sec 58   (1) Every person detained in the civil prison in execution of a decree shall be so detained,—
Detention and (a) where the decree is for the payment of a sum of money exceeding Rs.5000/-, for a period not
release exceeding 3months, and,
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but
not exceeding five thousand rupees, for a period not exceeding 6 weeks:
Provided that he shall be released from such detention before the expiration of the said
period of detention—
(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of
the civil prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii)on the request of the person on whose application he has been so detained, or
(iv)on the omission by the person, on whose application he has been so detained, to pay
subsistence allowance:
##Provided, also, that he shall not be released from such detention under clause (ii) or
clause (iii), without the order of the court.
(1A) that no order for detention of the judgment debtor in civil prison in execution of a decree for
the payment of money shall be made, where the total amount of the decree does not exceed
Rs.2000/-.
(2) A judgment debtor released from detention under this section shall
i. not merely by reason of his release be discharged from his debt,
ii. but he shall not be liable to be re-arrested under the decree in execution of which he was
detained in the civil prison.
ATTACHMENT
Sec 60-Property liable to attachment and sale in execution of decree.-
(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other
buildings, goods, money, bank notes cheques, bills of exchange, hundis, promissory notes, Government securities, bonds
or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable
property.
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment debtor, his wife and children, and
such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;
(b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such cattle and
seed grain as may in the opinion of the court, be necessary to enable him to earn his livelihood as such, and such portion
of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under
the provisions of the next following section;
(c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto
and necessary for their enjoyment) belonging to an agriculturist or a labourer or a domestic servant and occupied by him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer, or
payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State
Government in this behalf, and political pension;
(h) the wages of labourers and domestic servants, whether payable in money or in kind;
(i) salary to the extent of the first Rs.1000/- and 2/3rd of the remainder in execution of any decree other than a decree
for maintenance:
Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether
continuously or intermittently,
for a total period of 24 months,
such portion shall be exempt from attachment until the expiry of a further period of 12 months,
and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has
continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree.
(ia) one-third of the salary in execution of any decree for maintenance;
(j) the pay and allowances of persons to whom the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957,
applies;
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1925 (19 of
1925), for the time being applies, in so far as they are declared by the said Act not be liable to attachment;
(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968),
for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of the judgment debtor;
(kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to
control of rents and accommodation apply;
(I) any allowance forming part of the emoluments of any servant of the Government or of any servant of a railway
company or local authority which the appropriate Government may, by notification in the Official Gazette, declare to be
exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension;
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by any Indian law to be exempt from liability to attachment or sale in execution of a decree;
and
(p) where the judgment debtor is a person liable for the payment of land revenue, any movable property which, under
any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue.
Explanation 1.—The moneys payable in relation to the matters mentioned in clauses (g), (h), (I), (Ia), (j), (I) and (0) are
exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the
attachable portion thereof is liable to attachment, whether before or after it is actually payable.
Explanation 11,—In clauses (I) and (ia), “salary” means the total monthly emoluments, excluding any allowance declared
exempt from attachment under the provisions of clause (I), derived by a person from his employment whether on duty or
on leave.
Explanation lll.—ln clause (I) “appropriate Government” means—
(i) as respects any person in the service of the Central Government, or any servant of a Railway Administration or of a
cantonment authority or of the port authority of a major port, the Central Government;
[Clause (ii) omitted by AO 1948]
(iii) as respects any other servant of the Government or a servant of any others local authority, the State Government.
Explanation I V—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled, unskilled or
semi skilled labourer.
Explanation V: For the purposes of this proviso, the expression “agriculturist” means a person who cultivates land
personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant,
partner or agricultural labourer.
Explanation VI: For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he
cultivates land.
 (a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or both.
(1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person
agrees to waive the benefit of any exemption under this section shall be void.
(2) Nothing in this section shall be deemed to exempt houses and other buildings (with the materials and the sites
thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in
execution of decrees for rent of any such house, building, site or land.
Sec 62 - Seizure of property in dwelling house
Sec 63 (1) Where property not in the custody of any court is under attachment in execution of
Property attached in decrees of more courts than one, the court which shall receive or realise such property
execution of decrees of and shall determine any claim thereto and any objection to the attachment thereof
several courts.-  i. shall be the court of highest grade, or,
ii. where there is no difference in grade between such courts, the court under whose
decree the property was first attached.
Sec 64 - Private alienation of property after attachment to be void.- 
SALE
Sec 65 - purchaser’s title Where immovable property is sold in execution of a decree and such sale has become
absolute, the property shall be deemed to have vested in the purchaser from the time when
the property is sold and not from the time when the sale becomes absolute
DISTRIBUTION OF ASSETS
Sec 73 - Proceeds of (c) where any immovable properly is sold in execution of a decree ordering its sale for the
execution sale to be discharge of an incumbrance thereon, the proceeds of sale shall be applied—
ratably distributed
among decree holders
firstly, - in defraying the expenses of the sale;
secondly, - in discharging the amount due under the decree;
thirdly, - in discharging the interest and principal moneys due on subsequent incumbrances
(if any); and
fourthly, - rateably among the holders of decrees for the payment of money against the
judgment debtor, who have, prior to the sale of the property, applied to the court
which passed the decree ordering such sale for execution of such decrees, and have
not obtained satisfaction thereof.
RESISTANCE TO EXECUTION
Sec 74 - Resistance to Where the Court is Satisfied that the holder of a decree/Purchaser, for the possession of
execution. immovable property
 has been resisted or obstructed in obtaining possession of the property by the
judgment debtor
 the court may order the judgment debtor or such other person to be detained in the
civil prison for a term which may extend to 30 days and may further direct that the
decree holder or purchaser be put into possession of the property.
ORDER 21 – EXECUTION OF ORDERS AND DEGREES

PAYMENT UNDER DECREE

Rule1 - Modes of paying money under decree
Rule2- Payment out of court to decree holder
COURTS EXECUTING DECREES
Rule 3 - Lands situate in Where immovable property forms one estate or tenure situate within the local limits of
more than one the jurisdiction of two or more courts, any one of such courts may attach and sell the
jurisdiction entire estate or tenure.
Rule 6- Procedure where court desires that its own decree shall be executed by another court
Rule 7- Court receiving copies of decree, etc., to file same without proof
Rule 9- Execution by High Court of decree transferred by other court
APPLICATION FOR EXECUTION
Rule10 - Application for execution
Rule 11 – Oralapplication (1) Where a decree is for the payment of money the court may, on the oral application of
Written application the decree holder at the time of the passing of the decree, order immediate execution
thereof by the arrest of the judgment debtor, prior to the preparation of a warrant if he is
within the precincts of the court.
(2) Written application—Save as otherwise provided by sub-rule (1), every application for
the execution of a decree shall be in writing, signed and verified by the applicant and shall
contain in a tabular form the following particulars, namely:—
(a) the number of the suit;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any appeal has been preferred from the decree;
(e) whether any, and (if any) what, payment or other adjustment of the matter in
controversy has been made between the parties subsequently to the decree;
(f) whether any, and (if any) what, previous applications have been made for the execution
of the decree, the dates of such applications and their results;
(g) the amount with interest (if any) due upon the decree, or other relief granted thereby,
together with particulars of any cross decree, whether passed before or after the date of
the decree sought to be executed;
(h) the amount of the costs (if any) awarded;
(i) the name of the person against whom execution of the decree is sought; and the mode in
which the assistance of the court is required, whether—
a. by the delivery of any property specifically decreed;
b. by the attachment, or by the attachment and sale, or by the sale without
attachment, of any property;
c. by the arrest and detention in prison of any person;
d. by the appointment of a receiver;
e. otherwise, as the nature of the relief granted may require.
(2) The court to which an application is made under sub-rule (2) may require the applicant
to produce a certified copy of the decree.

Rule 11A - Application  Where an application is made for the arrest and detention in prison of the judgment
for arrest to state debtor, it shall state, or be accompanied by an affidavit stating, the grounds on which
grounds arrest is applied for.
Rule 12 - Application for Where an application is made for the attachment of any movable property belonging to a
attachment of movable judgment debtor but not in his possession, the decree holder shall annex to the application
property not in judgment an inventory of the property to be attached, containing a reasonably accurate description
debtor’s possession of the same.
Rule 13 - Application for Where an application is made for the attachment of any immovable property belonging to a
attachment of judgment debtor, it shall contain at the foot—
immovable property to (a) a description of such property sufficient to identify the same and, in case such properly
contain certain can be identified by boundaries or numbers in,1 record of settlement or survey, a
particulars specification of such boundaries or numbers, and
(b) a specification of the judgment debtor’s share or Interest in such property to the best
of the belief of the applicant and so far as he has been able to ascertain the same.
Rule 15 - Application for execution by Joint decree holder
Rule 16 -  Application for execution by transferee of decree
Rule 17 - Procedure on (1) On receiving an application for the execution of a decree as provided by rule 11, sub-
receiving application for rule (2), the court shall ascertain whether such of the requirements have been complied
execution of decree with; and, if they have not been complied with, the court shall allow the defect to be
remedied then and there or within a time to be fixed by it,
(1A) If the defect is not so remedied, the court shall reject the application:
(4) When the application is admitted, the court shall enter in the proper register a notice
the application and the date on which it was made, and shall, subject to the provisions
hereinafter contained, order execution of the decree according to the nature of the
application
Rule 18 - Execution in (1) Where applications are made to a court for the execution of cross decrees in separate
case of cross decrees suits for the payment of two sums of money passed between the same parties and capable
of execution at the same time by such court, then—
(a) if the two sums are equal, satisfaction shall be entered upon both decrees; and
(b) if the two sums are unequal, execution may be taken out only by the holder of the
decree for the larger sum and for so much only as remains after deducting the smaller sum,
and satisfaction for the smaller sum shall be entered on the decree for the larger sum as
well as satisfaction on the decree for the smaller sum.
(3) This rule shall not be deemed to apply unless—
A. the decree holder in one of the Suits in which the decrees have been made is the
judgment debtor in the other and each party fills the same character in both suits;
and
B. the sums due under the decrees are definite,
(4) The holder of a decree passed against several persons jointly and severally may treat it
as a cross decree In relation to a decree passed against him singly in favour of one or more
of such persons.
Rule 19 - Execution in case of cross-claims under same decree
Rule 20 -  Cross decrees The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of
and cross-claims in a mortgage or charge.
mortgage suits.
Rule 21 - Simultaneous The court may, in its discretion, refuse execution at the same time against the person and
execution. property of the judgment debtor.
Rule 22 - Notice to show (1) Where an application for execution is made—
cause against execution a) more than 2 years after the date of the decree, or
in certain cases b) against the legal representative of a party to the decree or where an application is
made for execution of a decree filed under the provisions of section 44A, or
c) against the assignee or receiver in insolvency, where the party to the decree has
been adjudged to be an insolvent).
the court executing the decree shall issue a notice to the person against whom execution is
applied for requiring him to show cause, on a date to be fixed, why the decree should not
be executed against him.
Rule 22 A- Sale not to be set aside on the death of the judgment debtor before the sale but after the service of the
proclamation of sale
Rule 23 –  (1) Where the person to whom notice is issued under rule 22 does not appear or does not
show cause to the satisfaction of the court why the decree should not be executed, the
Procedure after issue of court shall order the decree to be-executed.
notice (2) Where such person offers any objection to the execution of the decree, the court shall
consider such objection and make such order as it thinks fit. 

STAY OF EXECUTION
Rule 26 - When court may stay execution
Rule 29 - Stay of Where a suit is pending in any court against the holder of a decree of such court or of a
execution pending suit decree which is being executed by such court, on the part of the person against whom the
between decree holder decree was passed, the court may, on such terms as to security or otherwise, as it thinks fit,
and judgment debtor stay execution of the decree until the pending suit has been decided.
MODE OF EXECUTION
Rule 30 - Decree for Every decree for the payment of money, including a decree for the payment of money as
payment of money the alternative to some other relief, may be executed by the detention in the civil prison of
the judgment debtor, or by the attachment and sale of his property, or by both.
Sec 31 - Decree for (1) Where the decree is for any specific movable, or for any share in a specific movable, it
specific movable may be executed by the i. Seizure if practicable, of the movable or share, and by the
property ii.delivery thereof to the party to whom it has been adjudged, or to such person as he
appoints iii.to receive delivery on his behalf, or by theiv. detention in the civil prison of
the judgment debtor, or by the v. attachment of his property, or by both.
(2) Where any attachment under sub-rule (1) has remained in force for 3months, if the
‘judgment debtor has not obeyed the decree’ and the decree holder has applied to have
the attached property sold,
such property may be sold, and out of the proceeds the court may award to the decree
holder,
i. in cases where any amount has been fixed by the decree to be paid as an
alternative to delivery of movable property, such amount,
ii. and, in other cases, such compensation as it thinks fit, and shall pay the balance (if
any) to the judgment debtor on his application.
(3) Where the’judgment debtor has obeyed the decree ‘and paid all costs of executing the
same which he is bound to pay, or where, at the end of 3 months from the date of the
attachment, no application to have the property sold has been made, or, if made, has
been refused, the attachment shall cease.

Sec 32 - Decree for 1)A. The decree may be enforced in the case of a decree for restittion of conjugal rights by
specific performance for the attachment of his property or by both
restitution of conjugal B. In the case of a decree for the specific performance of a contract or for an injunction by
rights, or for an hid detention in the covil prison or by the attachment of his property or by both .
injunction. (2) Where the party against whom a decree for specific performance or for an injunction
has been passed is a corporation the decree may be enforced by the attachment of the
property of the corporation or with the leave of the court, by the detention in the civil
prison of the directors or other principal officers thereof, or by both attachment and
detention.
(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for 6
months ,if the judgment debtor has not obeyed the decree and the decree holder has
applied to have attached property sold, such property may be sold; and out of the proceeds
the court may award to the decree holder such compensation as it thinks fit, and shall pay
the balance (if any) to the judgment debtor on his application.
(4) Where the judgment debtor has obeyed the decree and paid all costs of executing the
same which he is bound to pay, or where, at the end of 6months from the date of the
attachment, no application to have the property sold has been made, or if made has been
refused, the attachment shall cease.
(5) Where a decree for the specific performance of a contract or for an injunction has not
been obeyed, the court may, in lieu of or in addition to all or any of the processes
aforesaid, direct that the act required to be done may be done so far as practicable by the
decree holder or some other person appointed by the court, at the cost of the judgment
debtor, and upon the act being done the expenses incurred may be ascertained in such
manner as the court may direct and may be recovered as if they were included in the
decree.
Sec 34 - Decree for execution of document, or endorsement of negotiable instrument
Sec 35 - Decree for immovable property
Sec 36 - Decree for delivery  Where a decree is for the delivery of any immovable property in the occupancy of a
of immovable property when tenant or other person entitled to occupy the same and not bound by the decree to
in occupancy of tenant relinquish such occupancy, the court shall order delivery to be made by affixing a copy
of the warrant in some conspicuous place on the property, and proclaiming to the
occupant by beat of drum or other customary mode, at some convenient place, the
substance of the decree in regard to the property.
ARREST AND DETENTION IN CIVIL PRISON
Rule 37 - Discretionary power to permit judgment debtor to show cause against detention in prison 
Rule 38 - Warrant for arrest Every warrant for the arrest of a judgment debtor shall direct the officer entrusted with
to direct judgment debtor to its execution to bring him before the court with all convenient speed, unless the
be brought up amount which he has been ordered to pay, together with the interest thereon and the
costs (if any) to which he is liable, be sooner paid.
Rule 39 - Subsistence (1) No judgment debtor shall be arrested in execution of a decree unless and until the
allowance decree holder pays into court for the subsistence of the judgment debtor from the
time of his arrest until he can be brought before the court.
(2) The court shall fix for his subsistence such monthly allowance
(3) The monthly allowance fixed by the Court shall be supplied by the party by monthly
payments in advance before the first day of each month.
(4) The first payment shall be made to the proper officer of the court for such portion
of the current month as remains unexpired before the judgment debtor is committed to
the civil prison
(5) Sums disbursed by the decree holder for the subsistence of the judgment debtor in
the civil prison shall be deemed to be costs in the suit.
Provided that the judgment debtor shall not be detained in the civil prison or arrested

Rule 40 - Proceedings on
appearance of judgment
debtor in obedience to
notice or after arrest.
Rule 41 - Examination of
judgment debtor as to his
property
Rule 42 - Attachment in case
of decree for rent or mesne
profits or other matter,
amount of which to be
subsequently determined
Rule 43 - Attachment of
movable property, other
than agricultural produce, in
possession of judgment
debtor.-  thereof:
Rule 43A - Custody of
movable property  articles which cannot conveniently be removed and the attaching officer does not act
on account of any sum so disbursed.
1) When a judgment debtor appears before the court in obedience to a notice or after
arrest
a. the court shall proceed to hear the decree holder and take all such evidence as
may be produced by him in support of his application for execution,
b. and shall then give the judgment debtor an opportunity of showing cause why
he should not be committed to the civil prison.
(4) Pending the conclusion of the inquiry under sub-rule (1) the court may, in its
discretion,
a. order the judgment debtor to be detained in the custody of an officer of the
court or release him on his furnishing security to the satisfaction of the court
for his appearance when required.
(5) Upon the conclusion of the inquiry under sub-rule (1) the court
a. may, make an order for the detention of the judgment debtor in the civil prison
b. and shall in that event cause him to be arrested if he is not already under
arrest:
Provided that in order to give the judgment debtor an opportunity of satisfying the
decree, the court may, before making the order of detention,
a. leave the judgment debtor in the custody of an officer of the court for a
specified period not exceeding 15days
b. or release him on his furnishing security to the satisfaction of the court for his
appearance at the expiration of the specified period if the decree be not sooner
satisfied.
(4) A judgment debtor released under this rule may be re-arrested.
(5) When the court does not make an order of detention under sub-rule (3), it shall
disallow the application and, if the judgment debtor is under arrest, direct his release.
ATTACHMENT OF PROPERTY
(1) Where a decree is for the payment of money the decree holder may apply to the
court for an Order that—
a. the judgment debtor, or
b. where the judgment debtor is a corporation, any officer thereof, or
c. any other person,
 be orally examined as to whether any or what debts are owing to the judgment
debtor
 and whether the judgment debtor has any and what other property or means
of satisfying the decree;
 and the court may make an order for the attendance and examination of such
judgment debtor, or officer or other person, and for the production of any
books or documents.
(2) Where a decree for the payment of money has remained unsatisfied for a period
of, 30 days,
 the court may, on the application of the decree holder and without prejudice
to its power under sub-rule (1), by order require the judgment debtor or where
the judgment debtor is a corporation, any officer thereof,
 to make an affidavit stating the particulars of the assets of the judgment
debtor
(3) In case of disobedience of any order made under sub-rule (2),
 the court making the order, or any court to which the proceeding is
transferred, may direct that the person disobeying the order be detained in the
civil prison for a term not exceeding three month unless before the expiry of
such terms the court directs his release.
Where a decree directs an inquiry as to rent or mesne profits or any other matter, the
property of the judgment debtor may, before the amount due from him has been
ascertained, be attached, as in the case of an ordinary decree for the payment of
money.
 Where the property to be attached is movable property, other than agricultural
produce, in the possession of the judgment debtor, the attachment shall be made by
actual seizure, and the attaching officer shall keep the property in his own custody or in
the custody of one of his subordinates, and shall be responsible for the due custody
Provided that, when the property seized is subject to speedy and natural decay, or
when the expense of keeping it in custody is likely to exceed its value, the attaching
officer may sell it at once.
(1) Where the property attached consists of live-stock, agricultural implements or other
under the proviso to rule 43, he may, at the instance of the judgment debtor or of the
 decree holder or of any other person claiming to be interested in such property, leave it
in the village or place where it has been attached, in the custody of any respectable
person (hereinafter referred to as the “custodian”

(2) If the custodian fails, after due notice, to produce such property at the place named
by the court before the officer deputed for the purpose or to restore it to the person in
whose favour restoration is ordered by the court, or if the property, though so
produced or restored, is not in the same condition as it was when it was entrusted to
him,—
(a) the custodian shall be liable to pay compensation to the decree holder, judgment
debtor or any other person who is found to be entitled to the restoration thereof, for
any loss or damage caused by his default; and
(b) such liability may be enforced—
(i) at the instance of the decree holder, as if the custodian were a surety under
section 145;
(ii) at the instance of the judgment debtor or such other person, on an application
in execution; and
(C) any order determining such liability shall be appealable as a decree.

Rule 44 - Attachment of Where the property to be attached Is agricultural produce, the attachment shall be
agricultural produce made by affixing a copy of the warrant of attachment,—
(a) where such produce is a growing crop, on the land on which such crop has grown,
or
(b) 1Copy- where such produce has been cut or gathered, on the threshing floor or
place for treading out grain or the like or fodder stack on or in which it is deposited,
and another copy on the outer door or on some other conspicuous part of the house
in which the judgment debtor ordinarily resides
or, with the leave of the court, on the outer door or on some other conspicuous part
of the house in which he carries on business or personally works for gain or in which he
is known to have last resided or carried on business or personally worked for gain; and
the produce shall thereupon be deemed to have passed into the possession of the
court.
Rule 46H - Appeals An order made under rule 468, rule 46C or rule 46E shall be appealable as a decree.
Rule 47 - Attachment of  The attachment shall be made by a notice to the judgment debtor prohibiting him
share in movables from transferring the share or interest or charging it in any way.
Rule 48 - Attachment of may order that the amount shall, be withheld from such salary or allowances either in
salary or allowances of one payment or by monthly instalments as the court may direct
servant of the government and, upon notice of the order the officer shall withhold and remit to the court the
or railway company or local amount due under the order.
authority
Rule 48A - Attachment of salary or allowances of private employees
Rule 49 - Attachment of (1) Save as otherwise provided by this rule, property belonging to a partnership shall
partnership property not be attached or sold in execution of a decree other than a decree passed against the
firm or against the partners in the firm as such.
(2) The court may make an Order
i. charging the interest of such partner in the partnership property and profits
ii. and may appoint a receiver of the share of such partner in the profits
iii. and direct accounts and inquiries
iv. and make an Order for the sale of such interest.
(3) The other partner or partners shall be at liberty at any time to redeem the interest
charged or, in the case of a sale being directed, to purchase the same.
Rule 50 -Execution of decree against firm
Rule 51 - Attachment of negotiable instruments.
Rule 52 - Attachment of property in custody of court or public officer
Rule 53 - Attachment of decrees
Rule 54 - Attachment of (1) Where the property is immovable, the attachment shall be made by an Order
immovable property.-  prohibiting the judgment debtor from transferring or charging the property in any
way, and all persons from taking any benefit from such transfer or charge.
Rule 55 - Removal of attachment after satisfaction of decree

ADJUDICATION OF CLAIMS AND OBJECTIONS

Rule 56 - Adjudication of
claims to, or objections to
attachment of, property
(1) Where any claims preferred to, or any objection is made to the attachment of, any
property attached in execution of a decree on the ground that such property is not
liable to such attachment, the court shall proceed to adjudicate upon the claim or
objection in accordance with the provisions herein contained:
Provided that no such claim or objection shall be entertained—
i. where, before the claim is preferred or objection is made, the property
 attached has already been sold; or
ii. where the court considers that the claim or objection was designedly or
unnecessarily delayed.
(2) All questions (including questions relating to right, title or interest in the property
attached) arising between the parties to a proceeding or their representatives under
this rule and relevant to the adjudication of the claim or objection, shall be
determined by the court dealing with the claim or objection and not by a separate suit.

Rule 59 - Stay of sale
Where before the claim was preferred or the objection was made, the property
attached had already been advertised for sale, the court may,—
(a) if the property is movable, make an Order postponing the sale pending the
adjudication of the claim or objection, or
(b) if the property is immovable, make an Order that, pending adjudication of the
claim or objection, the property shall not be sold, or, that pending adjudication, the
property may be sold but the sale shall not be confirmed.
and any such Order may be made subject to such terms and conditions as to security or
otherwise as the court thinks fit.

SALE GENERALLY
Rule 64 - Power to Order property attached to be sold and proceeds to be paid to person entitled
Rule 66 - Proclamation of  (1) Where any property is ordered to be sold by public auction in execution of a decree,
sales by public auction the court shall cause a proclamation of the intended sale to be made in the language of
such court.
(2) Such proclamation shall be drawn up after notice to the decree holder and the
judgment debtor and shall state the time and place of sale, and specify as fairly and
accurately as possible.

Rule 68 - Time of sale No sale hereunder shall, without the consent in writing of the judgment debtor, take
place until after the expiration of at least 15 days in the case of immovable property,
and of at least 7 days in the case of movable property, calculated from the date on
which the copy of the proclamation has been affixed on the court house of the judge
ordering the sale.
Rule 71 - Defaulting purchaser answerable for loss on re-sale
Rule 72 - Decree holder not to bid for or buy property without permission
Rule 72 A - Mortgagee not to bid at sale without the leave of the court.
Rule 73 - Restriction on bidding or purchase by officers.
SALE OF MOVABLE PROPERTY

Rule 74 - Sale of agricultural
produce
Rule75 - Special provisions
relating to growing crops.-  admits of being stored but has not yet been stored
Rule 76 - Negotiable
instruments and shares in
corporations
Rule 77 - Sale by public
auction
(1) Where the property to be sold is agricultural produce, the sale shall be held,—
a) if such produce is a growing crop, on or near the land on which such crop has
grown, or
b) if such produce has been cut or gathered, at or near the threshing floor or
place for treading out grain or the like or fodder stack on or in which it is
deposited:
Provided that the court may direct the sale to be held at the nearest place of public
resort, if it is of opinion that the produce is thereby likely to sell to greater advantage.
(2) Where, on the produce being put up for sale,—
a) a fair price, in the estimation of the person holding the sale, is not offered for
it, and
b) the owner of the produce or a person authorized to act in his behalf applies to
have the sale postponed till the next day or, if a market is held at the place of
sale, the next market day, the sale shall be postponed accordingly and shall be
then completed, whatever price may be offered for the produce. 
(1) Where the property to be sold is a growing crop and the crop from its nature
 the sale shall not be held until the crop has been cut or gathered and is ready
for storing.
(2) Where the crop from its nature does not admit of being stored,
 it may be sold before it is cut and gathered, and the purchaser shall be entitled
to enter on the land, and to do all that is necessary for the purpose of tending
and cutting or gathering it.
The court may, instead of directing the sale by public auction, authorise the sale
through a broker.
(1) Where movable property is sold by public auction the price shall be paid at the time
of sale and in default of payment the property shall forthwith be re-sold.

(2) On payment of the purchase money, the officer or other person holding the sale
 shall grant a receipt for the same, and the sale shall become absolute.
Rule 78 - Irregularity not to vitiate sale, but any person injured may sue
Rule 79 - Delivery of movable property, debts and shares.
SALE OF IMMOVEABLE PROPERTY

Rule 82 - What courts may Sales of immovable property in execution of decrees may be ordered by any court
Order sales. other than a court of small causes
Rule 83 - Postponement of sale to enable judgment debtor to raise amount of decree.
Rule 84 - Deposit by (1) On every sale of immovable property the person declared to be the purchaser shall
purchaser and re sale on pay immediately after such declaration a deposit of 25% on the amount of his purchase
default money to the officer conducting the sale, and in default of such deposit, the property
shall forthwith be re sold.
Rule 85 - Time for payment The full amount of purchase money payable shall be paid by the purchaser into court
In full of purchase money before the court closes on the 15th day from the sale of the property:
Rule 86 - Procedure in After defraying the expenses of the sale, be forfeited to the Government, and the
default of payment property shall be re sold
Rule 88 - Bid of co-sharer to have preference.
Rule 89 - Application to set (1) Where immovable property has been sold any person claiming an interest in the
aside sale on deposit property may apply to have the sale set aside on his depositing in court,—
(a) for payment to the purchaser, a sum equal to 5% of the purchase money, and
(b) for payment to the decree holder, the amount specified in the proclamation of sale.
Rule 90 - Application to set aside sale on ground of irregularity or fraud.
Rule 91 - Application by purchaser to set aside sale on ground of judgment debtor having no saleable interest.
Rule 92 - Sale when to Provided that, where any property is sold in execution of a decree pending the final
become absolute or be set disposal of any claim to, or any objection to the attachment of, such property, the court
aside. shall not confirm such sale until the final disposal of such claim or objection.
(4) Where a 3rd party challenges the judgment debtor title by filing a suit against the
auction purchaser, the decree holder and the judgment debtor shall be necessary
parties to the suit.
(5) If the suit referred to in sub-rule (4) is decreed, the court shall direct the decree
holder to refund the money to the auction purchaser, and where such an Order is
passed the execution proceeding in which the sale had been held shall, unless the court
otherwise directs, be revived at the stage at which the sale was ordered.
Rule 94 - Certificate to Where a sale of immovable property has become absolute, the court shall grant a
purchaser certificate specifying the property sold and the name of the person who at the time of
sale is declared to be the purchaser. Such certificate shall bear date the day on which
the sale become absolute.
Rule 95 - Delivery of property in occupancy of judgment debtor
Rule 96 - Delivery of property in occupancy of tenant
Rule 97 - Resistance or 1. He may make an application to the Court complaining of such resistance or
obstruction to possession of obstruction.
immovable property 2. Where any application is made under sub-rule (1), the court shall proceed to
adjudicate upon the application in accordance with the provisions herein
contained.
Rule 98 - Orders after (1) Upon the determination of the questions referred to in rule 101, the court shall,
adjudication (a) make an Order allowing the application and directing that the applicant be put
into the possession of the property or dismissing the application; or
(b) pass such other Order as, in the circumstances of the case, ft may deem fit.
(2) Where, upon such determination, the court is satisfied that the resistance or
obstruction was occasioned without any just it shall direct that the applicant be put into
possession of the property, and where the applicant is still resisted or obstructed in
obtaining possession, the court may also, at the instance of the applicant, Order the
judgment debtor, or any person acting at his instigation or on his behalf, to be detained
in the civil prison for a term which may extend to 30 days.
Rule 101 - Question to be All questions (including questions relating to right, title or interest in the property)
determined arising between the parties to a proceeding on an application shall be determined by
the court dealing with the application, and not by a separate suit.
Rule 102 - Rules not applicable to transferee pendente lite – [regarding resistance and obtruction]
Rule 106 - Setting aside orders passed ex parte, etc

INHERENT POWERS
Sec 148 - Enlargement of time Where any period is fixed or granted by the Court for the doing of any act prescribed or
allowed by this Code, the court may, in its discretion, from time to time, enlarge such
period, not exceeding thirty days in total, even though the period originally fixed or

Sec 149 - Power to make up
deficiency of court fees
Sec 150 - Transfer of business
Sec 151 - Saving of inherent
powers of court
Sec 152 - Amendment of
judgments, decrees or orders
granted may have expired.
upon such payment the document, in respect of which such fee is payable, shall have
the same force and effect as if such fee had been paid in the first instance.
Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of
the court to make such orders as may be necessary for the ends of justice, or to
prevent abuse of the process of the court.
Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising
therein from any accidental slip or omission may at any time be corrected by the court
either of its own motion or on the application of any of the parties.

Sec 153 - General power to The court may, at any time amend any defect or error in any proceeding in a suit; and
amend all necessary amendments shall be made for the purpose of determining the real
question or issue raised by or depending on such proceeding.
Sec 153A - Power to amend  Where an Appellate Court dismisses an appeal under rule 11 of Order XLI,
decree or order where appeal  the power of the court to amend, under section 152, the decree or order
is summarily dismissed appealed against
 may be exercised by 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 may be, passed by the court of first instance.
Sec 153B - Place of trial to be Provided that the Presiding Judge may, if he thinks fit, order at any stage of any inquiry
deemed to be open court into or trial of any particular case, that the public generally, or any particular person,
shall not have access to, or be or remain in, the room or building used by the court.

DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Rule 1 - No abatement by party’s death, if right to sue survives.
Rule 2 - Procedure where one The suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against
of several plaintiffs or the surviving defendant or defendants when right to sue survives ‘ to and against ‘
defendants dies and right to them.
sue survives.
Rule 3 -  Procedure in case of 1) When right to sue survives, the court, on an application made in that behalf, shall
death of one of several cause the legal representative of the deceased plaintiff to be made a party and shall
plaintiffs or of sole plaintiff. proceed with the suit.
2)If no application suit abate w.r.t. that plaintiff alone and cost of suit to defendents
from estate of deceased plaintiff recovered.
Rule 4 - Procedure in case of 1) When right to sue survives, the court, on an application made in that behalf, shall
death of one of several cause the legal representative of the deceased plaintiff to be made a party and shall
defendants or of sole proceed with the suit.
defendant 2)If no application suit abate w.r.t. that deceased defendant alone.
Rule 4A - Procedure where (1)The court may on the application of any party to the suit. proceed in the absence of
there is no legal a person representing the estate of the deceased person,
representative or may, by’ order appoint the Administrator General, or an officer of the court or such
other person to represent the estate of the decease person to the same extent as he
would have been bound if a personal representative of the deceased person had been
a party to the Suit.
Rule 5 - Determination of  such question shall be determined by the Court:
question as to legal  Provided that where such question arises before an Appellate Court, that court
representative. may, before determining the question, direct any subordinate court to try the
question and to return the records together with evidence, if any.
Rule 6 - No abatement by whether the cause of action survives or not, there shall be no abatement by reason of
reason of death after the death of either party between the conclusion of the hearing and the pronouncing
hearing  of the judgment, but judgment may in such case be pronounced notwithstanding the
death and shall have the same force and effect as if it had been pronounced before the
death took place.
Rule 7 - Suit not abated by marriage of female party.
Rule 8 - When plaintiff’s (1) The insolvency of a plaintiff in any suit which the assignee or receiver might
insolvency bars suit  maintain for the benefit of his creditors, shall not cause the suit to abate, unless such
assignee or receiver declines to continue the suit
(2) Procedure where assignee fails to continue suit, or give security—Where the
assignee or receiver neglects or refuses to continue the suit and to give such security
within the time so ordered, the defendant may apply for the dismissal of the suit on
the ground of the plaintiff’s insolvency, and the court may make an order dismissing
the suit and awarding to the defendant the costs as a debt against the plaintiff’s estate.
Rule 9 - Effect of abatement (1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought
or dismissal on the same cause of action.

Rule 10A - Duty of pleader to
communicate to court death
of a party.
Sec 22 - Power to transfer
Suits which may be Instituted
in more than one court.-  earliest possible opportunity and in all cases where issues are settled at or before such
Sec 23 - To what court
application lies
Sec 24 - General power of
transfer and withdrawal
Sec 25 - Power of Supreme
Court to transfer suits, etc
Rule 1 - Withdrawal of suit or
abandonment of part of claim
Rule 1A - When transposition
of defendants as plaintiffs
may be permitted.-  considering such application, have due regard to the question whether the applicant
Rule 3 - Compromise of suit.
(2) The plaintiff or the person claiming to be the legal representative of a deceased
plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply
for an order to set aside the abatement or dismissal; and if it is proved that he was
prevented by any sufficient cause from continuing the suit, the court shall set aside the
abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.
Whenever a pleader appearing for a party to the suit comes to know of the death of
that party, he shall inform the court about it, and the court shall thereupon give notice
of such death to the other party, and, for this purpose, the contract between the
pleader and the deceased party shall be deemed to subsist.
TRANSFER OF CASES
Where a suit may be instituted in any one of two or more courts and is instituted in
one of such courts, any defendant, after notice to the other parties, may, at the
settlement, apply to have suit transferred to another court, and the court to which
such application is made, after considering the objections of the other parties (if any),
shall determine in which of the several courts having jurisdiction the suit shall proceed.
(1) Where the several courts having jurisdiction are subordinate to the same Appellate
Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such courts are subordinate to different Appellate Courts but to the same
High Court, the application shall be made to said High Court.
(3) Where such courts are subordinate to different High Courts, the application shall be
made the High Court within the local limits of whose jurisdiction the court in which the
suit is brought situate. 
(1) On the application of any of the parties or of its own motion the High Court or the
District Court may, 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 competent to try or dispose of the same; or
(b) withdraw any suit, appeal or other proceeding pending in any court subordinate to
it; and
i. try to dispose of the same: or
ii. transfer the same for trial or disposal to any court subordinate to it and
competent to try or dispose of the same; or
iii. re-transfer the same for trial or disposal to the court from which it was
withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-
section (1), the court which is thereafter to try or dispose of such Suit or proceeding
may, subject to any special directions in the case of an order of transfer, either retry it
or proceed from the point at which it was transferred or withdrawn. –
(3) For the purposes of this section,—
(a) courts of Additional and Assistant Judges shall be deemed to be subordinate to the
District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.
(4) The court trying any suit transferred or withdrawn under this section from a court
of small causes shall, for the purposes of such suit, be deemed to be a court of small
causes.
The Supreme Court may, at any stage for the ends of justice, direct that any suit,
appeal or other proceedings be transferred from a High Court or other Civil Court in
one State to a High Court or other Civil Court in any other State.
WITHDRAWAL AND ADJUSTMENT OF SUITS
(1) At any time after the institution of a suit plaintiff may as against all or any of the
defendants abandon his suit or abandon a part of his claim.
Provided that where the plaintiff is a minor or other person to whom the provisions
contained in rules to 14 of Order 32 extend, neither the suit nor any part of the claim
shall be abandoned Without the leave of the court.
(3) Where the court may grant the plaintiff permission to withdraw from such suit or
such part of the claim with liberty to institute a fresh suit in respect of the subject
matter of a suit or part of a claim,
(5) Nothing in this rule shall be deemed to authorise the court to permit one of several
plaintiffs to abandon a suit or part of a claim under sub-rule (1), or to withdraw, under
sub-rule (3), any suit or part of a claim, without the consent of the other plaintiffs.
Where a Suit is with drawn or abandoned by a plaintiff under rule 1, and a defendant
applies to be transposed as a plaintiff under rule 10 of Order I, the court shall, in
has a substantial question to be decided as against any of the other defendants.
 Where it is proved that a suit has been adjusted wholly or in part by any lawful

Rule 3A - Bar to suit
Rule 3B - No agreement or
compromise to be entered in
a representative suit without
leave of court.
Rule 4 - Proceedings in
execution of decrees not
affected
agreement or compromise in writing and signed by the parties,
 or where the defendant satisfies the plaintiff in respect of the whole or any
part of the subject matter of the suit,
 the court shall order such agreement, compromise or satisfaction to be
recorded, and shall pass a decree in accordance therewith.
No suit shall lie to set aside a decree on the ground that the compromise on which
the decree is based was not lawful.
Explanation: In this rule, “representative suit” means,—
(a) a suit under section 91 or section 92,
(b) a suit under rule 8 of Order I,
(c) a suit in which the manager of an undivided Hindu family sues or is sued as
representing the other members of the family.
Nothing in this Order shall apply to any proceedings in execution of a decree or order.

PART IV - SUITS IN PARTICULAR CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Sec 79 - Suits by or against In a Suit by or against the Government, the authority to be named as plaintiff or
Government defendant, shall be—
(a) in the case of a suit by or against the Central Government, the Union of India, and
(b) in the case of a suit by or against a State Government, the State. 
Sec 80 – Notice No suit shall be instituted against the Government (including the Government of the
State of Jammu and Kashmir) or against a public officer in respect of any act purporting
to be done by such public officer in his official capacity, until the expiration of 2 months
next after notice in writing has been delivered to, or left at the office of—
(a) in the case of a suit against the Central Government, except where it relates to a
railway, a Secretary to that Government;
(b) in the case of a suit against the Central Government where it relates to a railway,
the General Manager of that railway;
(bb) in the case of a suit against the Government of the State of Jammu and Kashmir,
the Chief Secretary to that Government or any other officer authorised by that
Government in this behalf;
(c) in the case of a suit against any other State Government, a Secretary to that
Government or the Collector of the district;
and, in the case of a public officer, delivered to him or left at his office, stating the
cause of action, the name, description and place of residence of the plaintiff and the
relief which he claims; and the plaint shall contain a statement that such notice has
been so delivered or left.
(2) A suit to obtain an urgent or immediate relief against the Government (including
the Government of the State of Jammu and Kashmir) or any public officer may be
instituted , with the leave of the court, without serving any notice as required by sub-
section (1); but the court shall not grant relief in the suit, whether interim or otherwise,
except after giving to the government or public officer, as the case may be, a
reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the court shall, if it is satisfied, after hearing the parties, that no urgent or
immediate relief need be granted in the suit, return the plaint for presentation to it
after complying with the requirements of sub-section (1).

(3) No suit instituted against the government or against a public officer in respect of
any act purporting to be done by such public officer in his official capacity shall be
dismissed merely by reason of any error or defect in the notice referred to in sub-
section (1), if in such notice—
(a) the name, 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 sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially
indicated.
Sec 81 - Exemption from  In a suit instituted against a public officer in respect of any act purporting to be done
arrest and personal by him in his official capacity—
appearance (a) the defendant shall not be liable to arrest nor his property to attachment
otherwise than in execution of a decree, and
(b) where the court is satisfied that the defendant cannot absent himself from his
duty without detriment to the public service, it shall exempt him from appearing in
 person. 
Sec 82 - Execution of decree.  (1) Where a decree is passed against the Union of India or a State or, the public officer,
such decree shall not be executed except in accordance with the provisions of sub-
section (2).
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for
the period of 3 months computed from the date of such decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
Sec 83 - When aliens may sue  Alien enemies residing in India with the permission of the Central
Government, and
 alien friends, may sue in any court as if they were citizens of India,
 but alien enemies residing in India without such permission, or residing in a
foreign country, shall not sue in any such court.
Explanation: Every person residing in a foreign country, the Governor of which is at war
with India and carrying on business in that country without a licence in that behalf
granted by the Central Government, shall, for the purpose of this section, be deemed to
be an alien enemy residing in a foreign country. 
Sec 86 - Suits against foreign (1) No foreign State may be sued in any court except with the consent of the central
Rulers, Ambassadors and government certified in writing by a secretary to that government.
Envoys (5) such persons shall not be arrested under this Code
Sec 87 - Style of foreign The Ruler of a foreign State may sue, and shall be sued, in the name of his State
Rulers as parties to suits
INTERPLEADER
Sec 88 - Where interpleaded Where two or more persons claim adversely to one another the same debt, sum’ of
suit may be instituted money or other property, movable or immovable, from another person, who claims no
interest therein other than for charges or costs and who is ready to pay or deliver it to
the rightful’ claimant, such other person may institute a suit of interpleader against all
the claimants of the obtaining of obtaining a decision as to the person to whom the
payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties car properly be
decided, no such suit of interpleader shall be instituted. 
PART V - SPECIAL PROCEEDINGS
ARBITRATION
Sec 89 - Settlement of (1) Where it appears to the court that there exist elements of a settlement which may
disputes outside the Court. be acceptable to the parties, the court shall formulate the terms of settlement and give
them to the parties for their observations and after receiving the observations of the
parties, the court may reformulate the terms of a possible settlement and refer the
same for—
a) arbitration;
b) conciliation;
c) judicial settlement including settlement through Lok Adalat; or
d) mediation.
(2) Where a dispute has been referred—
(a) for arbitration of conciliation, the provisions of the Arbitration and Conciliation Act,
1996 shall apply
(b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with
the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987
and all other provisions of that Act shall apply in respect of the dispute so referred to
the Lok Adalat;
(c) for judicial settlement, the court shall refer the same to a suitable institution or
person and such institution or person shall be deemed to be a Lok Adalat and all the
provisions of the Legal Services Authority Act, 1987 shall apply as if the dispute were
referred to a Lok Adalat under the provisions of that Act;
(d) for mediation, the court shall effect a compromise between the parties
SPECIAL CASE
Sec 90 - Power to state case Where any persons agree in writing to state a case for the opinion of the Court, then
for opinion of court the Court shall try and determine the same in the manner prescribed.
PUBLIC NUISANCE AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
Sec 91 - Public nuisances. (1) In the case of a public nuisance or other wrongful act affecting or likely to affect, the
public, a suit for a declaration and injunction or for such other relief as may be
appropriate in the circumstances of the case, may be instituted,—
a) by the Advocate-General, or
b) with the leave of the court, by two or more persons, even though no special
damage has been caused to such persons by reason of such public nuisance or
other wrongful 
act.
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of Suit
which may exist independently of its provisions. 
Sec 92 - Public charities.-  (1) In the case of any alleged breach of any express or constructive trust created for
public purposes of a charitable or religious nature, - the Advocate General, or two or

Sec 94 - Supplemental
Proceedings
more persons having an interest in the trust may institute a suit, in the principal civil
court of original jurisdiction to obtain a decree—
a) removing any trustee;
b) appointing a new trustee;
c) vesting any property in a trustee;
cc) directing a trustee who has been removed or a person who 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 inquiries;
e) declaring what proportion of the trust property or of the interest therein shall
be allocated to any particular object of the trust;
f) authorizing the whole or any part of the trust property to be let, sold,
mortgaged or exchanged;
g) settling a scheme; or
h) granting such further or other relief as the nature of the case may require.
(3) The Court may alter the original purposes of an express or constructive trust
created for purposes of a charitable or religious nature and allow the property or
income of such trust or any portion thereof to be applied cypress in one or more of the
following circumstances, namely:—
(a) where the original; purposes of the trust, in whole or in part,—
i. have been, as far as may be, fulfilled; or
ii. cannot be carried out at all, or cannot be carried out according to the directions
given in the instrument creating the trust or, where there is no such
instrument, according to the spirit of the trust; or
(b) where the original purposes of the trust provide a use for a part only of the
property available by virtue of the trust; or
(c) where the property available by virtue of the trust arid other property applicable for
similar purposes can be more effectively used in conjunction with, and to that end can
suitably be made applicable to any other purpose, regard being had to the spire of the
trust and its applicability to common purposes; or
(d) where the original purposes, in whole or in part, were laid down by reference to an
area which then was, but has since ceased to be, a unit for such purposes; or
(e) where the original purposes, in whole or in part, have, since, they were laid down,—
i. been adequately provided for by other means, or
ii. ceased, as being useless or harmful to the community, or
iii. ceased to be, in law, charitable, or
iv. ceased in any other way to provide a suitable and effective method of using
the property available by virtue of the trust, regard being had to the spirit of
the trust.
PART VI: SUPPLEMENTAL PROCEEDINGS
In order to prevent the ends of justice from being defeated the court may, if it is so
prescribed,—
(a) issue a warrant to arrest the defendant and bring him before the court to show
cause why he should not give security for his appearance, and if he fails to comply with
any order for security commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him
and to place the same at the disposal of the court or order the attachment any
properly;
(c) grant a temporary injunction and in case of disobedience commit the person guilty
thereof to the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance his duties by
attaching and selling his property;
(e) make such other interlocutory orders as may appear to the court to be just and
convenient.

Sec 95 - Compensation for not exceeding Rs .50,000/- thousand rupees 

obtaining arrest, attachment
or injection on insufficient
grounds
ORDER 27 – SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
Rule 1 - Suits by or against government
Rule 4 - Agent for The government pleader in any court shall be the agent of the government for the
government to receive purpose of receiving processes against the government issued by such court.
process
Rule 5A - Government to be joined as a party in a suit against a public officer
Rule 5B - Duty of court in suits against the government or a public officer to assist in arriving at a settlement
Rule 8A - No security to be No such security as is mentioned in rules 5 and 6 of order 41
required from government or
a public officer in certain
cases.
ORDER 37 A : SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE
CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT.
Rule 1- Notice to the In any suit in which it appears to the court that any such question as is referred to in
Attorney General or the clause (1) of article 132, read with article 147, of the Constitution, is involved,
Advocate-General the court shall not proceed to determine that question until after notice has been given
to the Attorney-General for India, if the question of law concerns the Central
Government
and to the Advocate-General of the State if the question of law concerns a State
Government.
Rule 1A - Procedure in suits  In any suit in which it appears to the court that any question as to the validity of any
involving validity of any statutory instrument, the court shall not proceed to determine that question except
statutory instrument after giving notice—
(a) to the government pleader, if the question concerns the government, or
(b) to the authority which issued the statutory instrument, if the question concerns an
authority other than Government.
Rule 2 - Court may add  if the Attorney- General for India or the Advocate-General of the State, as the case
government as party applies for such addition .
Rule 2A - Power of court to if the government pleader or the pleader appearing in the case for the authority which
add government or other issued the instrument applies for such addition.
authority as a defendant in a
Suit relating to the validity of
any statutory instrument
Rule 4 - Application of Order Explanation: In this Order, “statutory instrument” means a rule, notification, bye-law,
to appeals order, scheme or form made as specified under any enactment. 
ORDER 28 - SUIT BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
Rule 1 - Officers, soldiers, (2) The authority shall be in writing and shall be signed writing and shall be signed by
sailors or airmen who cannot person in the presence of (a) his commanding officer, or the next subordinate officer, if
obtain leave may authorise the party is himself the commanding officer
any person to sue or defend (3) When so filed the countersignature shall be sufficient proof that the authority was
for them duly executed.
ORDER 29 - SUIT BY OR AGAINST CORPORATIONS
Rule 1 - Subscription and In suits by or against a corporation, any pleading may be signed and verified on behalf
verification of pleading of the corporation- by the secretary or by any director or ‘other principal officer of
the corporation who is able to dose to the facts other case.
ORDER 30 - SUITS BY OR AGAINST FIRMS AND PERSON CARRYING ON BUSINESS IN NAMES OTHER THAN
THEIR OWN
Rule 1 - Suing of partners in name of firm
Rule 4 - Right of suit on death (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872
of partner.-  (9 of 1872), where two or more persons may sue or be sued in the name of a firm
under the foregoing provisions and any of such persons dies, whether before the
institution or during the pendency of any suit, it shall not be necessary to join the legal
representative of the deceased as a party to the suit.
(2) Nothing in sub-rule (1) shall limit or otherwise affect any right which the legal
representative of the deceased may have—
a) to apply to be made a party to the suit, or
b) to enforce any claim against the survivor or survivors.
Rule 7 - No appearance  Where a summons is served in the manner provided by rule 3 upon a person having
except by partners the control or management of the partnership business, no appearance by him shall
be necessary unless he is a partner of the firm sued.
Rule 8 - Appearance under (1) Any person served with summons as a partner under rule 3 may enter an
protest appearance under protest, denying that he was a partner at any material time.
Rule 9 - Suits between co- This order shall apply to suits between a firm and one or more of the partners therein
partners and to suits between firms having one or more partners in common.
ORDER 31 - SUITS BY OR AGAINST TRUSTEE, EXECUTORS, AND ADMINISTRATORS
Representation of In all suits concerning property vested in a trustee, executor or administrator, where
beneficiaries In suits the contention is between the persons beneficially interested in such property and a
concerning property vested third person, the trustee, executor or administrator shall represent the persons so
in trustees, etc interested, and it shall not ordinarily be necessary to make them parties to the suit. But
the court may, if it thinks fit, order them or any of them to be made parties
ORDER 32 - SUITS BY OR AGAINST MINORS AND PERSON OF UNSOUND MIND
Rule 1 - Minor to sue by next friend
Rule 2 - Where suit is instituted without next friend, plaint to be taken off the file
Rule 2A - Security to be The next friend to give security for the payment of all costs incurred or likely to be
furnished by next friend incurred by the defendant.
when so ordered.- 
Rule 3 - Guardian for the suit to be appointed by court for minor defendant
Rule 3A - Decree against (1) No decree passed against a minor shall be set aside merely on the ground that the
minor not to be set aside next friend or guardian for the Suit of the minor had an interest in the subject matter
unless prejudice has been of the suit adverse to that of the minor,
caused to his Interests.-  but the fact that by reason of such adverse interest of the next friend or guardian for
the suit, prejudice has been caused to the interests of the minor, shall be a ground for
setting aside the decree.
Rule 4 - Who may act as next (1) Any person who is of Sound mind and has attained majority may act as next friend
friend or be appointed of a minor or as his guardian for the suit:
guardian for the Suit Provided that the interest of such person is not adverse to that of the minor .
Rule 6 - Receipt by next (1) A next friend or guardian for the suit shall not, without the leave of the court,
friend or guardian for the suit receive any money or other movable property on behalf of a minor
of property under decree for
minor
Rule 7- Agreement or (1) No next friend or guardian for the suit shall, without the leave of the court,
compromise by next friend or expressly recorded in the proceeding, enter into any agreement or compromise on
guardian for the suit behalf of a minor with reference to the suit in which he acts as next friend or guardian.
(2) Any such agreement or compromise entered into without the leave of the court so
recorded shall be voidable against all parties other than the minor. 

Rule 8 - Retirement of next (1)Unless otherwise ordered by the court , a next friend shall not retire without first
friend. procuring a fit person to be put in his place.
Rule 9 - Removal of next friend.
Rule 10 - Stay of proceedings on removal, etc., of next friend.
Rule 11 - Retirement, (1) Where the guardian for the suit desires to retire or does not do this duty, or where
removal or death of guardian other sufficient ground is made to appear, the court may permit such guardian to
for the suit retire or may remove him, and may make such order as to costs as it thinks fit.
(2) Where the guardian for the suit retires, dies or is removed by the court during the
pendency of the Suit, the court shall appoint a new guardian in his place.
Rule 12- Course to be (1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is
followed by minor plaintiff or pending shall, on attaining majority, elect whether he will proceed with the suit or
applicant on attaining application.
majority (2) Where he elects to proceed with the suit or application, he shall apply for an order
discharging the next friend and for leave to proceed in his own name.
Rule 13 - Where minor co-plaintiff attaining majority desires to repudiate suit.- 
Rule 14 - Unreasonable or (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in
improper suit. his name by his next friend be dismissed on the ground that it was unreasonable or
improper.
Rule 15 - Rules Ito 14 (except rule 2A) to apply to persons of unsound mind.- 
ORDER 32 A : SUITS RELATING TO MATTER CONCERNING THE FAMILY
Rule 1 - Application of the (1) The provisions of this order shall apply to suits or proceedings relating to matters
Order concerning the family.
(2) In particular, and without prejudice to the generality of the provisions of sub-rule
(1), the provisions of this Order shall apply to the following Suits or proceedings
concerning the family, namely:—
(a) a suit or proceeding for matrimonial relief, including a suit or proceeding for
declaration as to the validity of a marriage or as to the matrimonial status of any
person;
(b) a suit or proceeding for a declaration as to the legitimacy of any person;
(c) a suit or proceeding in relation to the guardianship of the person or the custody of
any minor or other member of the family, under a disability;
(d) a suit or proceeding for maintenance;
(e) a suit or proceeding as to the validity or effect of an adoption;
(f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy
and succession;
(g) a suit or proceeding relating to any other matter concerning the family in respect of
which the parties are subject to their personal law.
Rule 2 - Proceedings to be  In every Suit or proceeding to which this Order applies, the proceedings may be held in
held in camera camera if the Court so desires and shall be so held if either party so desires.
Rule 3 - Duty of court to make efforts for settlement.
Rule 4 - Assistance of welfare expert
Rule 5- Duty to Inquire into facts(alleged by the parties)
ORDER 33 - SUITS BY INDIGENT PERSONS
Rule 1 - Suits may be Explanation I: A person is an indigent person,—
instituted by indigent person (a) if he is not possessed of sufficient means (other than property exempt from
attachment) to enable him to pay the court fee .
(b) where no such fee is prescribed, if he is not entitled to property worth Rs. 1000/-
other than the property exempt from attachment.
Explanation II: Any property which is acquired by a person after the presentation of his
application for permission to sue as an indigent person, and before the decision of the
application, shall be taken into account in considering the question whether or not the
 applicant is an indigent person.
Rule 1A - Inquiry into the  Every inquiry into the question whether or not a person is an indigent person shall be
means of an indigent person made, in the first instance, by the chief ministerial officer of the court, the court may
adopt the report of such officer as its own finding or may itself make an inquiry into
the question.
Rule 5 - Rejection of The court shall reject an application for permission to sue as an indigent person—
application (a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or
(b) where the applicant is not an indigent person, or
(c) where he has, within 2 months next before the presentation of the application,
disposed of any property fraudulently or in Order to be able to apply for permission to
sue as an indigent person
(d) where his allegations do not show a cause of action, or
(e) Where he has entered into any agreement with reference to the subject matter of
the proposed suit under which any other person has obtained an interest in such
subject matter, or
(f) where the allegations made by the applicant in the application show that the suit
would be barred by any law for the time being in force, or
(g) where any other person has entered into an agreement with him to finance the
litigation.
Rule 10 - procedure if Where the application is granted, it shall be numbered and registered, and shall be
application admitted. deemed the plaint in the Suit, and the suit shall proceed in all other respects as a Suit
instituted in the ordinary manner, except that the plaintiff shall not be liable to pay
any court fee or fees payable for service of process in respect of any petition,
appointment of a pleader or other proceedings connected with the suit.
Rule 9 - Withdrawal of The court may, on the application of the defendant, or of the government pleader, of
permission to sue as an which 7 days’ clear notice in writing has been given to the plaintiff, Order that the
indigent person permission granted to the plaintiff to sue as an indigent person be withdrawn—
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as an
indigent person; or
(c) if he has entered into any agreement with reference to the subject matter of the
suit under which any other person has obtained an interest in such subject matter.
Rule 9A - Court to assign a pleader to an unrepresented indigent person
Rule 11 - Procedure where The court shall order the plaintiff to pay the court fees which would have been paid by
indigent person fails the plaintiff if he had not been permitted to sue as an indigent person.
Rule 15 - Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.- 
Rule 18 - Power of government to provide for free legal services to indigent persons.
ORDER 34 - SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
Rule 4 - Preliminary decree in (1) In a suit for foreclosure, if the plaintiff succeeds, the court shall pass a preliminary
foreclosure suit decree—
(a) ordering that an account be taken of what was due to the plaintiff at the date of
such decree for—
i. principal and interest on the mortgage,
ii. the costs of suit, if any, awarded to him, and
iii. other costs, charges and expenses properly incurred by him up to that date in
respect of this mortgage security, together with interest thereon; or
(b) declaring the amount so due at the date;
Rule 3 - Final decree in (1) Where, before a final decree debarring the defendant from all rights to redeem the
foreclosure suit mortgaged property has been passed, the defendant makes payment into court of all
amounts due from him under sub-rule (1) of rule 2, the court shall, on application made
by the defendant in this behalf, pass a final decree—.
(a) ordering the plaintiff to deliver up the documents referred to in the preliminary
decree, and if, necessary,—
(b) ordering him to re-transfer at the cost of the defendant the mortgaged property as
directed in the said decree,
and also, if necessary,—
(c) ordering him to put the defendant in possession of the property.
Rule 4- Preliminary decree in suit for sale.
Rule 5 - Final decree in suit for sale.
Rule 6 - Recovery of balance due on mortgage in Suit for sale.
Rule 7 - Preliminary decree in redemption Suit
Rule 8 - Final decree in redemption unit
Rule 8A - Recovery of balance due on mortgage in suit for redemption
Rule 9 -  Decree where nothing is found due or where mortgagee has been overpaid
Rule 10A - Power of court to direct mortgagee to pay mesne profits
Rule 12 - Sale of property Where any property the sale of which is directed under this Order is subject to a prior
subject to prior mortgage mortgage, the court may, with the consent of the prior mortgagee, direct that the
property be sold free from the same, giving to such prior mortgagee the same interest
 in the proceeds of the sale as he had in the property sold.
Rule 13 - Application of (1) Such proceeds shall be brought into court and applied as follows:—
proceeds
first , in payment of all expenses incident to the sale or properly incurred in any attempted
sale;
secondly in payment of whatever is due to the prior mortgagee on account of the prior
mortgage, and of costs, properly incurred in connection therewith;
thirdly in payment of all interest due on account of the mortgage in consequence whereof the
sale was directed, and of the costs of the suit in which the decree directing the sale was
made;
fourthly, in payment of the principal money due on account of that mortgage; and,
lastly, the residue (if any) shall be paid to the person proving himself to be interested in the
property sold
ORDER 38 - INTERPLEADER
Rule 2 - Payment of thing claimed into court
Rule 5 - Agents and tenants Nothing in this Order shall be deemed to enable to sue their principals, or tenants to
may not institute sue their landlords, for the purpose of compelling them to interplead with any persons
Interpleader suits other than persons making claim through such principal or landlords.
ORDER 36 - SPECIAL CASE
Rule 1 - Power to state case  (1) Parties claiming to be interested in the decision of any question of fact or law may
for court’s opinion enter into an agreement in writing stating such question in the form of a case for the
opinion of the court, and providing that, upon the finding of the court with respect to
such question,—
(a) a sum of money fixed by the parties or to be determined by the court shall be paid
by one of the parties to the other of them; or
(b) some property, movable or immovable, specified in the agreement, shall be
delivered by one of the parties to the other of them; or
(c) one or more of the parties shall do, or refrain from doing, some other particular act
specified in the agreement.
ORDER 37- SUMMARY PROCEDURE
Rule 1 - Courts and classes of
(1) This Order shall apply to the following courts, namely:—
suits to which the Order is to
(a) High Courts, City Civil Courts and Courts of Small Causes; and
apply (b) other courts;
Provided that in respect of the courts referred to in clause (b), the High Court may, by
notification in the Official Gazette, restrict the operation of this order only to such
categories of suits as it deems proper, and may also, from time to time, as the
circumstances of the case may require, by subsequent notification in the Official
Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the
operation of this order as it deems proper.
(2) Subject to the provisions of sub-rule (1), the order applies to the following classes
of Suits, namely:
(a) suit upon bills of exchange, hundies and promissory notes;
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in
money payable by the defendant, with or without interest arising-
(i) on a written contract; or
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or
in the nature of a debt(other than a penalty; or
(iii) on a guarantee, where the claim against the principal is in respect of a debt or
liquidated demand only.
Rule 3 - Procedure for the  (1) In a suit to which this Order applies, the plaintiff shall, together with the summons
appearance of defendant serve on the defendant a copy of the plaint and annexure thereto and the defendant
may, at any time within 10 days of such service, enter an appearance either in person
or by pleader and, in either case, he shall file in court an address for service of notice on
him.
(3) On the day of entering the appearance, notice of such appearance shall be given
by the defendant to the plaintiff’s pleader, or, if the plaintiff sues in person, to the
plaintiff himself, either by notice delivered at or sent by a prepaid letter directed to the
address of the plaintiff’s pleader or of the plaintiff, as the case may be.
(4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the
defendant a summons for judgment in Form No. 4A in Appendix B or such other Form
as may be prescribed fr6m time to time, returnable not less than 10 days from the date
of service supported by an affidavit verifying the cause of action and the amount
claimed and stating that in his belief there is no defence to the suit.
(5) The defendant may at any time within 10 days from the service of such summons
for It's affidavit or otherwise d such facts as may be deemed sufficient to entitle him to
defend , apply on such summons for leave to defend such suit, and leave to defend may
be granted to him unconditionally or upon such terms as may appear to the court or
judge to be just.
Provided that leave to defend shall not be refused unless the court-is-satisfied.That the
facts disclosed by the defendant do not indicate that he has a substantial defence to
raise or that the defence intended to be put up by the defendant is frivolous or
vexatious:
Provided further that, where a part of the amount claimed by the plaintiff is admitted
by the defendant to be due from him, leave to defend the suit shall not be granted
unless the amount so admitted to be due is deposited by the defendant in court.