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CPC · In force

The Code of Civil Procedure, 1908

Civil suits, appeals and execution.

173 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. V — REPEAL AND SAVINGS
  3. 1Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002)
  4. 1AInquiry into the means of an indigent person
  5. 1CAppearance before the court consequent to the failure of efforts of conciliation
  6. 2Discovery by interrogatories
  7. 2AConsequence of disobedience or breach of injunction
  8. 3We are sensible that there may be defects and flaws in the Bill which we appena to this Report. The
  9. 3ACourt to dispose of application for injunction within thirty days
  10. 4Admission and denial of documents
  11. 5[ Enactments repealed .] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s . 3 and II Sch
  12. 5BDuty of Court in suits against the Government or a public officer to assist in arriving at a settlement
  13. 6The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof
  14. 6BCopies of judgments when to be made available
  15. 6CExclusion of counter-claim
  16. 6DEffect of discontinuance of suit
  17. 6EDefault of plaintiff to reply to counter-claim
  18. 6FRelief to defendant where counter-claim succeeds
  19. 7Suits relating to public matters :—We have inserted a clause to enable actions for public nuisance
  20. 8Public charities
  21. 8ANo security to be required from Government or a public officer in certain cases
  22. 8BDefinitions of "Government" and "Government pleader"
  23. 9Suits by or against firms
  24. 9ASummons given to the plaintiff for service
  25. 10Power to order further security or payment
  26. 10ACommission for scientific investigation
  27. 10BCommission for performance of a ministerial act
  28. 10CCommission for the sale of movable property
  29. 11Effect of failure to comply with order
  30. 11AProvisions applicable to attachment
  31. 12Refund of balance deposit
  32. 13Small Cause Court not to attach immovable property
  33. 14Suit for sale necessary for bringing mortgaged property to sale
  34. 15Refusal to allow applicant to sue as[4] [an indigent person] to bar subsequent application of like nature
  35. 16Appeal from order relating to execution
  36. 17Dismissal of appeal for appellants' default
  37. 18Parties to appear before Commissioner
  38. 18BCourt to fix a time for return of commission
  39. 19Re-admission of appeal dismissed for default
  40. 20Application for issue of commission
  41. 21Re-hearing on application of respondent against whom
  42. 22Issue, execution and return of commissions, and transmission of evidence to foreign Court
  43. 23Remand of case by Appellate Court
  44. 24Where evidence on record sufficient Appellate Court may determine case finally
  45. 25Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
  46. 26Findings and evidence to be put on record. Objections to findings
  47. 26ASummonses to be sent to officers to foreign countries
  48. 27Production of additional evidence in Appellate Court
  49. 28Mode of taking additional evidence
  50. 29Points to be defined and recorded
  51. 30Judgment when and where pronounced
  52. 31Contents, date and signature of judgment
  53. 32What judgment may direct
  54. 33Power of Court of Appeal
  55. 34Dissent to be recorded
  56. 35Date and contents of decree
  57. 36Copies of judgment and decree to be furnished to parties
  58. 37Certified copy of decree to be sent to Court whose decree appealed from
  59. 38Warrant for arrest to direct judgment-debtor to be brought up
  60. 39Subsistence allowance
  61. 40Transfer of decree to Court in another State
  62. 41Result of execution proceedings to be certified
  63. 42Attachment in case of decree for rent or
  64. 43Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
  65. 44Attachment of agricultural produce
  66. 45Provisions as to agricultural produce under attachment
  67. 46Precepts
  68. 46CTrial of disputed questions
  69. 46DProcedure where debt belongs to third person
  70. 46FPayment by garnishee to be valid discharge
  71. 46GCosts
  72. 47Attachment of share in movables
  73. 48Attachment of salary or allowances of servant of the Government or railway company or local authority
  74. 49Transferee
  75. 50Legal representative
  76. 51Attachment of negotiable instruments
  77. 52Attachment of property in custody of Court or public officer
  78. 53Liability of ancestral property
  79. 54Attachment of immovable property
  80. 55Removal of attachment after satisfaction of decree
  81. 56Order for payment of coin or currency notes to party entitled under decree
  82. 57Determination of attachment
  83. 58Adjudication of claims to or objections to attachment of property
  84. 59Stay of sale
  85. 61Partial exemption of agricultural produce
  86. 62Seizure of property in dwelling-house
  87. 63Property attached in execution of decrees of several Courts
  88. 64Power to order property attached to be sold and proceeds to be paid to person entitled
  89. 65Sales by whom conducted and how made
  90. 66Proclamation of sales by public auction
  91. 67Mode of making proclamation
  92. 68Time of sale
  93. 69Adjournment or stoppage of sale
  94. 71Defaulting purchaser answerable for loss on re-sale
  95. 72Decree-holder not to bid for or buy property without permission
  96. 73Restriction on bidding or purchase by officers
  97. 74Sale of agricultural produce
  98. 75Special provisions relating to growing crops
  99. 76Negotiable instruments and shares in corporations
  100. 77Sale by public auction
  101. 78Irregularity not to vitiate sale, but any person injured may sue
  102. 79Delivery of movable property, debts and shares
  103. 80Transfer of negotiable instruments and shares
  104. 81Vesting order in case of other property
  105. 82What Court may order sales
  106. 83Postponement of sale to enable judgment-debtor to raise amount of decree
  107. 84Deposit by purchaser and re-sale on default
  108. 85Time for payment in full of purchase money
  109. 86Suits against foreign Rulers, Ambassadors and Envoys
  110. 87Notification on re-sale
  111. 87ADefinitions of "Foreign State" and "Rulers"
  112. 87BApplications of sections 85 and 86 to Rulers of former Indian States
  113. 88Bid of co-sharer to have preference
  114. 89Application to set aside sale on deposit
  115. 90Power to state case for opinion of Court
  116. 91Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
  117. 93Return of purchaser-money in certain cases
  118. 94Certificate to purchaser
  119. 95Delivery of property in occupancy of judgment-debtor
  120. 96Delivery of property in occupancy of tenant
  121. 97Appeal from final decree where no appeal from preliminary decree
  122. 98Decision where appeal heard by two or more Judges
  123. 99Dispossession by decree-holder or purchaser
  124. 99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  125. 100Order to be passed upon application complaining of dispossession
  126. 101Question to be determined
  127. 102Rules not applicable to transferee
  128. 103Orders to be treated as decrees
  129. 104Orders from which appeal lies
  130. 105Hearing of application
  131. 106Setting aside orders passed
  132. 107Powers of Appellate Court
  133. 108Procedure in appeals from appellate decrees and orders
  134. 112Savings
  135. 113Reference to High Court
  136. 114Review
  137. 115Revision
  138. 116Part to apply only to certain High Courts
  139. 117Application of Code to High Courts
  140. 118Execution of decree before ascertainment of costs
  141. 119Unauthorized persons not to address Court
  142. 120Provisions not applicable to High Court in original civil jurisdiction
  143. 121Effect of rules in First Schedule
  144. 123Constitution of Rules Committees in certain States
  145. 124Committee to report to High Court
  146. 127Publication of rules
  147. 128Matters for which rules may provide
  148. 129Power of High Courts to make rules as to their original Civil procedure
  149. 131Publication of rules
  150. 132Exemption of certain women from personal appearance
  151. 133Exemption of other persons
  152. 134Arrest other than in execution of decree
  153. 135Exemption from arrest under civil process
  154. 136Procedure where person to be arrested or property to be attached is outside district
  155. 137Language of subordinate Courts
  156. 138Power of High Court to require evidence to be recorded in English
  157. 139Oath on affidavit by whom to be administered
  158. 140Assessors in causes of salvage, etc
  159. 141Miscellaneous proceedings
  160. 142Orders and notices to be in writing
  161. 143Postage
  162. 144Application for restitution
  163. 145Enforcement of liability of surety
  164. 146Proceedings by or against representatives
  165. 147Consent or agreement by persons under disability
  166. 148Enlargement of time
  167. 149Power to make up deficiency of court-fees
  168. 150Transfer of business
  169. 151Saving of inherent powers of Court
  170. 153General power to amend
  171. 153BPlace of trial to be deemed to be open Court
  172. 157Continuance of orders under repealed enactments
  173. 158Reference to Code of Civil Procedure and other repealed enactments
  174. 310Return of plaint