The Code Of Civil Procedure, 1908

THE CODE OF CIVIL PROCEDURE, 1908
[ Act No. V of 1908 ]

( In its application to the State of Maharashtra )

[As Modified upto the 27th February 2006]

Arrangement Of Sections

	Sections
	1 - 8	Priliminary
PART I	9 - 35B	Suits in General
Part II	36 - 74	Execution
Part III	75 - 78	Incidential Proceedings
Part IV	79 - 88	Suits In Particular Cases
Part V	89 - 93	Special Proceedings
Part VI	94 - 95	Supplemental Proceedings
Part VII	96 - 112	Appeals
Part VIII	113 - 115	Reference, Review And Revision
Part IX	116 - 120	Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner
Part X	121 - 131	Rules
Part XI	132 - 158	Miscellaneous
First Schedule		Rules Of Procedure
	Appendix A	Pleadings
	Appendix - B	Process
	Appendix - C	Discovery, Inspection And Admission
	Appendix - D	Decrees
	Appendix -E	Execution
	Appendix - F	Supplemental Proceedings
	Appendix - G	Appeal, Reference And Review
	Appendix - H	Miscellaneous
The Second Schedule		[ Repealed ]
The Third Schedule		[ Repealed ]
The Fourth Schedule		[ Repealed ]
The Fifth Schedule		[ Repealed ]


	Sections	Priliminary
	1	Short title, commencement and extent
	2	Definitions
	3	Subordination of Courts
	4	Savings
	5	Application of the Code to revenue Courts
	6	Pecuniary Jurisdiction
	7	Provincial Small Cause Courts
	8	Presidency Small Cause Courts

		PART I Suits in General Jurisdiction Of The Courts And Res Judicata
	9	Courts to try all civil suits unless barred
	9A	Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the Court as a preliminary issue
	10	Stay of suit
	11	Res Judicata
	12	Bar to further suit
	13	When foreign judgment not conclusive
	14	Presumption as to foreign judgments
		Place Of Suing
	15	Court in which suits to be instituted
	16	Suits to be instituted where subject-matter situate
	17	Suits for immovable property situate within jurisdiction of different Courts
	18	Place of institution of suit where local limits of jurisdiction of Courts are uncertain
	19	Suits for compensation for wrongs to person of movables
	20	Other suits to be instituted where defendants reside or cause of action arises
	21	Objections to jurisdiction
	21A	Bar on suit to set aside decree on objection as to place of suing
	22	Power to transfer suits which may be instituted in more then one Court
	23	To what Court application lies
	24	General power of transfer and withdrawal
	25	Power of Supreme Court to transfer suits, etc.
		Institution Of Suits
	26	Institution of suits
		Summons And Discovery
	27	Summons to defendants
	28	Service of summons where defendant resides in another State
	29	Service of foreign summonses
	30	Power to order discovery and the like
	31	Summons to witness
	32	Penalty for default
		Judgment And Decree
	33	Judgment and Decree
		Interest
	34	Interest
		Costs
	35	Costs
	35A	Compensatory costs in respect of false or vexatious claims or defences
	35B	Costs for causing delay
		PART II Execution General
	36	Application to orders
	37	Definition of Court which passed a decree
		Courts By Which Decrees May Be Executed
	38	Court by which decree may be executed
	39	Transfer of decree
	40	Transfer of decree to Court in another State
	41	Result of execution-proceedings to be certified
	42	Power of Court in executing transferred decree
	43	Execution of decrees passed by Civil Courts in places to which this Code does not extend
	44	Execution of decrees passed by Revenue Courts in places to which this Code does not extend
	44A	Execution of decrees passed by Courts in reciprocating territory
	45	Execution of decrees outside India
	46	Precepts
		Questions To Be Determined By Court Executing Decree
	47	Questions to be determined by the Court Executing decree
		Limit Of Time For Execution
	48	[ Repealed ]
		Transferees And Legal Representatives
	49	Transferee
	50	Legal representative
		Procedure In Execution
	51	Powers of Court to enforce execution
	52	Enforcement of decree against legal representative
	53	Liability of ancestral property
	54	Partition of estate or separation of share
		Arrest And Detention
	55	Arrest and detention
	56	Prohibition of arrest or detention of women in execution of decree for money
	57	Subsistence-allowance
	58	Detention and release
	59	Release on ground of illness
		Attachment
	60	Property liable to attachment and sale in execution of decree
	61	Partial exemption of agricultural produce
	62	Seizure of property in dwelling-house
	63	Property attached in execution of decrees of serveral Courts
	64	Private alienation of property after attachment to be void
		Sale
	65	Purchaser's title
	66	[ Repealed ]
	67	Power of State Government to make rules as to sales of land in execution of decrees for payment of money
		Delegation To Collector Of Power To Execute Decrees Against Immovable Property
	68-72	[ Repealed ]
		Distribution Of Assets
	73	Proceeds of execution-sale to be rateably distributed among decree-holders
		Resistance To Execution
	74	Resistance to execution
		PART III Incidental Proceedings Commissions
	75	Power of Court to issue commission
	76	Commission to another Court
	77	Letter of request
	78	Commissions issued by foreign Courts
		PART IV Suits In Particular Cases Suits By Or Against The Government Or Public Officers In Their official Capacity
	79	Suit by or against Government
	80	Notice
	81	Exemption from arrest and personal appearance
	82	Execution of decree
		Suits By Aliens And By Or Against Foreign Rulers, Ambassadors And Envoys
	83	When aliens may sue
	84	When foreign States may sue
	85	Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
	86	Suits against foreign Rulers, Ambassadors and Envoys
	87	Style of foreign Rulers as parties to suits
	87A	Definitions of "foreign State" and "Ruler"
		Suits Against Rulers Of Former Indian States
	87B	Application of section 85 and 86 to Rulers of former Indian States
		Interpleader
	88	Where interpleader suit may be instituted
		PART V Special Proceedings Arbitration
	89	Settlement of disputes outside the Court
	90	Power to state case for opinion of Court
		Public Nuisances And Other Wrongful, Acts Afeecting Te Public
	91	Public nuisances
	92	Public charities
	93	Exercise of powers of Advocate General outside presidency towns
		PART VI Supplemental Proceedings Arbitration
	94	Supplemental proceedings
	95	Compensation for obtaining arrest, attachment or injunction on insufficient grounds
		PART VII Appeals Appeals From Original Decrees
	96	Appeal from original decree
	97	Appeal from final decree where no appeal from preliminary decree
	98	Decision where heard by two or more Judges
	99	No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
	99A	No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
		Appeals From Appellate Decrees
	100	Second appeal
	100A	No further appeal in certain cases
	101	Second appeal on no other grounds
	102	No second appeal in certain suits
	103	Power of High Court to determine issue of fact
		Appeals From Orders
	104	Orders from which appeal lies
	105	Other orders
	106	What Courts to hear appeals
		General Provisions Relating to Appeals
	107	Powers of Appellate Court
	108	Procedure in appeals from appellate decrees and orders
		Appeals To The Supreme Court
	109	When appeals lie to the Supreme Court
	110	[ Omitted ]
	111	[ Repealed. ]
	111A	[ Repealed. ]
	112	Savings
		PART VIII Reference, Review And Revision
	113	Reference to High Court
	114	Review
	115	Review
		PART IX Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner
	116	Part to apply only to certain High Courts
	117	Application of Code to High Courts
	118	Execution of decree before aswcertainment of costs
	119	Unauthorized persons not to address Court
	120	Provisions not applicable to High Court in original civil jurisdiction
		PART X Rules
	121	Effect of rules in First Schedule
	122	Power of certain High Courts to make rules
	123	Constitution of Rule Committees in certain States
	124	Committee to report to High Court
	125	Power of other High Courts to make rules
	126	Rules to be subject to approval
	127	Publication of rules
	128	Matters for which rules may provide
	129	Power of High Courts to make rules as to their original civil procedure
	130	Power of other High Courts to make rules as to matters other then procedure
	131	Publication of rules
		PART XI Miscellaneous
	132	Exemption of certain women from personal appearance
	133	Exemption of other persons
	134	Arrest other then in execution of decree
	135	Exemption from arrest under civil process
	135A	Exemption of members of legislative bodies from arrest and detention under civil process
	136	Procedure where person to be arrested or property to be attached is outside district
	137	Language of subordinate Courts
	138	Power of High Court to require evidence to be recorded in English
	139	Oath on affidavit by whom to be administered
	140	Assessors in causes of salvage, etc.
	141	Miscellaneous proceedings
	142	Orders and notices to be in writing
	143	Postage
	144	Application for restitution
	145	Enforcement of liability of surety
	146	Proceedings by or against representatives
	147	Consent or agreement by persons under disability
	148	Enlargement of time
	148A	Right to lodge a caveat
	149	Power to make up deficiency of court-fees
	150	Transfer of business
	151	Saving of inherent powers of Court
	152	Amendment of judgments, decrees or orders
	153	General power to amend
	153A	Power to amend decree or order where appeal is summarily dismissed
	153B	Place of trial to be deemed to be open Court
	154	[ Repealed. ]
	155	[ Repealed. ]
	156	[ Repealed. ]
	157	Continuance of orders under repealed enactments
	158	Reference to Code of Civil Procedure and other repealed enactments




























































































































































































































































































































































































































































































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