THE CODE OF CIVIL PROCEDURE, 1908 (Act No.

5 of 1908) An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is here ! enacted as follows"# PRELIMINARY $. !o"t t#t$%, co&&%'c%&%'t (') %*t%'t+ %$& 'his Act ma! e cited as the Code of Civil (rocedure) $*+,. %-& .t shall come into force on the first da! of Januar!) $*+*. %/& .t extends to the whole of .ndia except# %a& the State of Jammu and 0ashmir; % & the State of 1agaland and the tri al areas " (rovided that the State 2overnment concerned ma!) ! notification in the 3fficial 2a4ette) extend the provisions of this Code or an! of them to the whole or part of the State of 1agaland or such tri al areas) as the case ma! e) with such supplemental) incidental or conse5uential modifications as ma! e specified in the notification. Explanation#.n this clause) 6tri al areas6 means the territories which) immediatel! efore the -$st da! of Januar!) $*7- were included in the tri al areas of Assam as referred to in paragraph -+ of the Sixth Schedule to the Constitution. %8& .n relation to the Amindivi .slands) and the East 2odavari) West 2odavari and 9isa:hapatnam Agencies in the State of Andhra (radesh and the ;nion territor! of <a:shadweep) the application of this Code shall e without pre=udice to the application of an! rule or regulation for the time eing in force in such .slands) Agencies or such ;nion territor!) as the case ma! e) relating to the application of this Code.> -. ?efinitions# .n this Act) unless there is an!thing repugnant in the su =ect or context)# %$& 6Co)%6 includes rules; %-& 6)%c"%%6 means the formal expression of an ad=udication which) so far as regards the Court expressing it) conclusivel! determines the rights of the parties with regard to all or an! of the matters in controvers! in the suit and ma! e either preliminar! or final. .t shall e deemed to include the re=ection of a plaint and the determination of an! 5uestion within @/>A A A section $88) ut shall not include# %a& an! ad=udication from which an appeal lies as an appeal from an order) or % & an! order of dismissal for default. Explanation#A decree is preliminar! when further proceedings have to e ta:en efore the suit can e completel! disposed of. .t is final when such ad=udication completel! disposes of the suit) it ma! e partl! preliminar! and partl! final; %/& 6)%c"%%+!o$)%"6 means an! person in whose favour a decree has een passed or an order capa le of execution has een made;

%8& 6)#,t"#ct6 means the local limits of the =urisdiction of a principal Civil Court of original =urisdiction %hereinafter called a 6?istrict Court6&) and includes the local limits of the ordinar! original civil =urisdiction of a High Court; %B& 6Fo"%#-' Co."t6 means a Court situate outside .ndia and not esta lished or continued ! the authorit! of the Central 2overnment; %C& 6fo"%#-' /.)-&%'t6 means the =udgment of a foreign Court; %7& 60o1%"'&%'t P$%()%"6 includes an! officer appointed ! the State 2overnment to perform all or an! of the functions expressl! imposed ! this Code on the 2overnment (leader and also an! pleader acting under the directions of the 2overnment (leader; %7A& 6H#-! Co."t6 in relation to the Andaman and 1ico ar .slands) means the High Court in Calcutta; %7D& 6I')#(2) except in sections $) -*) 8/) 88) 88A) 7,) 7*) ,-) ,/ and ,7A) means the territor! of .ndia excluding the State of Jammu and 0ashmir; %,& 63.)-%6 means the presiding officer of a Civil Court; %*& 6/.)-&%'t6 means the statement given ! the =udge of the grounds of a decree or order; %$+& 6/.)-&%'t+)%4to"6 means an! person against whom a decree has een passed or an order capa le of execution has een made; %$$& 6$%-($ "%5"%,%'t(t#1%6 means a person who in law represents the estate of a deceased person) and includes an! person who intermeddles with the estate of the deceased and where a part! sues or is sued in a representative character the person on whom the estate devolves on the death of the part! so suing or sued; %$-& 6&%(', 5"of#t,6 of propert! means those profits which the person in wrongful possession of such propert! actuall! received or might with ordinar! diligence have received therefrom) together with interest on such profits) ut shall not include profits due to improvements made ut the person in wrongful possession; %$/& 6&o1(4$% 5"o5%"t66 includes growing crops; %$8& 6o")%"6 means the formal expression of an! decision of a Civil Court which is not a decree; %$B& 65$%()%"6 means an! person entitled to appear and plead for another in Court) and includes an advocate) a va:il and an attorne! of a High Court; %$C& 65"%,c"#4%)6 means prescri ed ! rules " %$7& 65.4$#c off#c%"6 means a person falling under an! of the following descriptions) namel!"# %a& ever! Judge; % & ever! mem er of @8>@an All#.ndia Service>; %c& ever! commissioned or ga4etted officer in the militar!) naval or air forces of the ;nion while serving under the 2overnment. %d& ever! officer of a Court of Justice whose dut! it is) as such officer) to investigate or report on an! matter of law or fact) or to ma:e) authenticate or :eep an! document) or to ta:e charge or dispose of an! propert!) or to execute an! =udicial process) or to administer an! oath) or to

interpret) or to preserve order) in the court) and ever! person especiall! authori4ed ! a Court of Justice to perform an! of such duties" %e& ever! person who holds and office ! virtue of which he is empowered to place or :eep an! person in confinement; %f& ever! officer of the 2overnment whose dut! it is) as such officer) to prevent offences to give information of offences) to ring offenders to =ustice) or to protect the pu lic health) safet! or convenience; %g& ever! officer whose dut! it is) as such officer) to ta:e) receive) :eep or expend an! propert! on ehalf of the 2overnment) or to ma:e an! surve!) assessment or contract on ehalf of the 2overnment) or to execute an! revenue process) or to investigate) or to report on) an! matter affecting the pecuniar! interests of the 2overnment) or to ma:e) authenticate or :eep an! document relating to the pecuniar! interests of the 2overnment) or to prevent the infraction of an! law for the protection of the pecuniar! interests of the 2overnment; and %h& ever! officer in the service or pa! of the 2overnment) or remunerated ! fees or commission for the performance of an! pu lic dut!; %$,& 6".$%,6 means rules and forms contained in the Eirst Schedule or made under section $-- or section $-B; %$*& 6,!("% #' ( co"5o"(t#o'6 shall e deemed to include stoc:) de enture stoc:) de entures or onds; and %-+& 6,#-'%)2) save in the case of a =udgment or decree) includes stamped. /. .4o")#'(t#o' of Co."t,# Eor the purposes of this Code) the ?istrict Court is su ordinate to the High Court) and ever! Civil Court of a grade inferior to that of a ?istrict Court and ever! Court of Small Causes is su ordinate to the High Court and ?istrict Court. 7. (1#'-,+ %$& .n the a sence of an! specific provision to the contrar!) nothing in this Code shall e deemed to limit or otherwise affect an! special or local law now in force or an! special =urisdiction or power conferred) or an! special form of procedure prescri ed) ! or under an! other law for the time in force. %-& .n particular and without pre=udice to the generalit! of the proposition contained in su # section %$& nothing in this Code shall e deemed to limit or otherwise affect an! remed! which a landholder or landlord ma! have under an! law for the time eing in force for the recover! of rent of agricultural land from the produce of such land. 5. A55$#c(t#o' of t!% Co)% of R%1%'.% Co."t,+ %$& Where an! Revenue Courts are governed ! the provisions of this Code in those matters of procedure upon which an! special enactment applica le to them is silent) the State 2overnment ma!) ! notification in the 3fficial 2a4ette) declare that an! portions of those provisions which are not expressl! made applica le ! this Code shall not appl! to those Courts) or shall onl! appl! to them with such modifications as the State 2overnment ma! prescri e. %-& 2R%1%'.% Co."t2 in su #section %$& means a Court having =urisdiction under an! local law to entertain suits or other proceedings relating to the rent) revenue or profits of land used for agricultural purposes) ut does not include a Civil Court having original =urisdiction under this Code to tr! such suits or proceedings as eing suits or proceedings of a civil nature.

8. P%c.'#("6 /."#,)#ct#o'+ Save in so far as is otherwise expressl! provided) nothing herein contained shall operate to give an! Court =urisdiction over suits the amount or value of the su =ect#matter of which exceeds the pecuniar! limits %if an!& of its ordinar! =urisdiction. 9. P"o1#'c#($ &($$ C(.,% Co."t,+ 'he following provisions shall not extend to Courts constituted under the (rovincial Small Cause Courts Act) $,,7 %* of $,,7& or under the Derar Small Cause Courts <aws) $*+B) or to Courts exercising the =urisdiction of a Court of Small Causes under the said Act or <aw or to Courts in an! part of .ndia to which the said Act does not extend exercising a corresponding =urisdiction that is to sa!)# %a& so much of the od! of the Code as relates to# %i& suits excepted from the cogni4ance of a Court of Small Causes; %ii& the execution of decrees in such suits; %iii& the execution of decrees against immova le propert! ; and % & the following sections) that is to sa!)# section *) sections *$ and *-) sections *8 and *B so far as the! authori4e or relate to# %i& orders for the attachment of immova le propert!; %ii& in=unctions) %iii& the appointment of a receiver of immova le propert!) or %iv& the interlocutor! orders referred to in clause %e& of section *8 and sections *C to $$- and $$B. 8. P"%,#)%'c6 &($$ C(.,% Co."t,+ Save as provided in sections -8) /, to 8$) 7B) clauses %a&) % & and %c&) 7C @B>@77) $B7 and $B,>) and ! the (residenc! Small Cause Courts Act) $,,-) %$B of $,,-& the provisions in the od! of this Code shall not extend to an! suit or proceedings in an! Court of Small Causes esta lished in the towns of Calcutta) Fadras and Dom a! " (rovided that # %$& the High Courts of Judicature at Eort William Fadras and Dom a!) as the case ma! e) ma! from time to time) ! notifications in the 3fficial 2a4ette) direct that an! such provisions not inconsistent with the express provisions of the (residenc! Small Cause Courts Act) $,,-) %$B of $,,-& and with such modifications and adaptation as ma! e specified in the notification) shall extend to suits or proceedings or an! class of suits or proceedings in such Court" %-& all rules heretofore made ! an! of the said High Courts under section * of the (residenc! Small Cause Courts Act) $,,- % $B of $,,-& shall e deemed to have een validl! made. PART I+ UIT IN 0ENERAL 3."#,)#ct#o' of t!% Co."t, (') R%, /.)#c(t( 9. Co."t, to t"6 ($$ c#1#$ ,.#t, .'$%,, 4(""%) 'he Courts shall %su =ect to the provisions herein contained& have =urisdiction to tr! all suits of a civil nature excepting suits of which their cogni4ance is either expressl! or impliedl! arred.

Explanation A suit in which the right to propert! or to an office is contested is a suit of a civil nature) notwithstanding that such right ma! depend entirel! on the decision of 5uestions as to religious rites or ceremonies. Explanation ... Eor the purposes of this section) it is immaterial whether or not an! fees are attached to the office referred to in Explanation . or whether or not such office is attached to a particular place.>. 10. t(6 of ,.#t 1o Court shall proceed with the trial of an! suit in which the matter in issue is also directl! and su stantiall! in issue in a previousl! instituted suit etween the same parties) or etween parties under whom the! or an! of them claim litigating under the same title where such suit is pending in the same or an! other Court in .ndia having =urisdiction to grant the relief claimed) or in an! Court e!ond the limits of .ndia esta lished or continued ! the Central 2overnment and having li:e =urisdiction) or efore the Supreme Court. E*5$('(t#o' 'he pendenc! of a suit in a foreign Court does not preclude the Courts in .ndia from tr!ing a suit founded on the same cause of action. 11. R%, /.)#c(t( 1o Court shall tr! an! suit or issue in which the matter directl! and su stantiall! in issue has een directl! and su stantiall! in issue in a former suit etween the same parties) or etween parties under whom the! or an! of them claim) litigating under the same title) in a Court competent to tr! such su se5uent suit or the suit in which such issue has een su se5uentl! raised) and has een heard and finall! decided ! such Court. Explanation .. 'he expression 6former suit6 shall denote a suit which has een decided prior to the suit in 5uestion whether or not it was instituted prior thereto. Explanation ... Eor the purposes of this section) the competence of a Court shall e determined irrespective of an! provisions as to a right of appeal from the decision of such Court. Explanation .... 'he matter a ove referred to must in the former suit have een alleged ! one part! and either denied or admitted) expressl! or impliedl!) ! the other. Explanation .9 .An! matter which might and ought to have een made ground of defence or attac: in such former suit shall e deemed to have een a matter directl! and su stantiall! in issue in such suit. Explanation 9. An! relief claimed in the plaint) which is not expressl! granted ! the decree) shall) for the purposes of this section) e deemed to have een refused. Explanation 9.. Where persons litigate ona fide in respect of pu lic right or of a private right claimed in common for themselves and others) all persons interested in such right shall) for the purposes of this section) e deemed to claim under the persons so litigating. Explanation 9... 'he provisions of this section shall appl! to a proceeding for the execution of a decree and reference in this section to an! suit) issue or former suit shall e construed as references) respectivel!) to proceedings for the execution of the decree) 5uestion arising in such proceeding and a former proceeding for the execution of that decree. Explanation 9.... An issue heard and finall! decided ! a Court of limited =urisdiction) competent to decide such issue) shall operate as Res Judicata in as su se5uent suit) notwithstanding that such Court of limited =urisdiction was not competent to tr! such su se5uent suit or the suit in which such issue has een su se5uentl! raised.

1:. ;(" to f."t!%" ,.#t. Where a plaintiff is precluded ! rules from instituting a further suit in respect of an! particular cause of action) he shall not e entitled to institute a suit in respect of such cause of action in an! Court to which this Code applies. 1<. =!%' fo"%#-' /.)-&%'t 'ot co'c$.,#1% " A foreign =udgment shall e conclusive as to an! matter there ! directl! ad=udicated upon etween the same parties or etween parties under whom the! or an! of them claim litigating under the same title except %a& where it has not een pronounced ! a Court of competent =urisdiction; % & where it has not een given on the merits of the case; %c& where it appears on the face of the proceedings to e founded on an incorrect view of international law or a refusal to recogni4e the law of .ndia in cases in which such law is applica le; %d& where the proceedings in which the =udgment was o tained are opposed to natural =ustice; %e& where it has een o tained ! fraud; %f& where it sustains a claim founded on a reach of an! law in force in .ndia. 17. P"%,.&5t#o' (, to fo"%#-' /.)-&%'t, . 'he Court shall presume upon the production of an! document purporting to e a certified cop! of a foreign =udgment that such =udgment was pronounced ! a Court of competent =urisdiction) unless the contrar! appears on the record; ut such presumption ma! e displaced ! proving want of =urisdiction. P$(c% of ,.#'15. Co."t #' >!#c! ,.#t, to 4% #',t#t.t%) Ever! suit shall e instituted in the Court of the lowest grade competent to tr! it. 18. .#t, to 4% #',t#t.t%) >!%"% ,.4/%ct+&(tt%" ,#t.(t% Su =ect to the pecuniar! or other limitations prescri ed ! an! law) suits %a& for the recover! of immova le propert! with or without rent or profits) % & for the partition of immova le propert!) %c& for foreclosure) sale or redemption in the case of a mortgage of or charge upon immova le propert!) %d& for the determination of an! other right to or interest in immova le propert!) %e& for compensation for wrong to immova le propert!) %f& for the recover! of mova le propert! actuall! under restraint or attachment) shall e instituted in the Court within the local limits of whose =urisdiction the propert! is situate" (rovided that a suit to o tain relief respecting) or compensation for wrong to) immova le propert! held ! or on ehalf of the defendant) ma! where the relief sought can e entirel! o tained through his personal o edience e instituted either in the Court within the local limits of whose =urisdiction the propert! is situate) or in the Court within the local limits of whose =urisdiction the defendant actuall! and voluntaril! resides) or carries on usiness) or personall! wor:s for gain. E*5$('(t#o'. .n this section 6propert!6 means propert! situate in .ndia.

19. .#t, fo" #&&o1(4$% 5"o5%"t6 ,#t.(t% >#t!#' /."#,)#ct#o' of )#ff%"%'t Co."t, Where a suit is to o tain relief respecting) or compensation for wrong to) immova le propert! situate within the =urisdiction of different Court) the suit m! e instituted in an! Court within the local limits of whose =urisdiction an! portion of the propert! is situate " (rovided that) in respect of the value of the su =ect matter of the suit) the entire claim is cogni4a le ! such Court. 18. P$(c% of #',t#t.t#o' of ,.#t >!%"% $oc($ $#&#t, of /."#,)#ct#o' of Co."t, ("% .'c%"t(#' %$& Where it is alleged to e uncertain within the local limits of the =urisdiction of which of two or more Courts an! immova le propert! is situate) an! one of those Courts ma!) if satisfied that there is ground for the alleged uncertaint!) record a statement to that effect and thereupon proceed to entertain and dispose of an! suit relating to that propert!) and its decree in the suit shall have the same effect as if the propert! were situate within the local limits of its =urisdiction " (rovided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise =urisdiction. %-& Where a statement has not een recorded under su #section %$&) and o =ection is ta:en efore an Appellate or Revisional Court that a decree or order in a suit relating to such propert! was made ! a Court not having =urisdiction where the propert! is situate) the Appellate or Revisional Court shall not allow the o =ection unless in its opinion there was) at the time of the institution of the suit) no reasona le ground for uncertaint! as to the Court having =urisdiction with respect thereto and there has een a conse5uent failure of =ustice. 19. .#t, fo" co&5%',(t#o' fo" >"o'-, to 5%",o' o" &o1(4$% Where a suit is for compensation for wrong done to the person or to mova le propert!) if the wrong was done within the local limits of the =urisdiction of one Court and the defendant resides) or carries on usiness) or personall! wor:s for gain) within the local limits of the =urisdiction of another Court) the suit ma! e instituted at the option of the plaintiff in either of the said Courts. .llustrations %a& A) residing in ?elhi) eats D in Calcutta. D ma! sue A either in Calcutta or in ?elhi. % & A) residing in ?elhi) pu lishes in Calcutta statements defamator! of D. D ma! sue A either in Calcutta or in ?elhi. :0. Ot!%" ,.#t, to 4% #',t#t.t%) >!%"% )%f%')('t, "%,#)% o" c(.,% of (ct#o' ("#,%, Su =ect to the limitations aforesaid) ever! suit shall e instituted in Court within the local limits of whose =urisdiction %a& the defendant) or each of the defendants where there are more than one) at the time of the commencement of the suit) actuall! and voluntaril! resides) or carries on usiness) or personall! wor:s for gain; or % & an! of the defendants) where there are more than one) at the time of the commencement of the suit actuall! and voluntaril! resides) or carries on usiness) or personall! wor:s for gain) provided that in such case either the leave of the Court is given) or the defendants who do not reside) or carr! on usiness) or personall! wor: for gain) as aforesaid) ac5uiesce (Co',%'t >#t!o.t 5"ot%,t) in such institution; or %c& the cause of action) wholl! or in part) arises.

@Explanation>. A corporation shall e deemed to carr! on usiness at its sole or principal office in .ndia or) in respect of an! cause of action arising at an! place where it has also a su ordinate office) at such place. .llustrations %a& A is a tradesman in Calcutta) D carries on usiness in ?elhi. D) ! his agent in Calcutta) u!s goods of A and re5uests A to deliver them to the East .ndian Railwa! Compan!. A delivers the goods accordingl! in Calcutta. A ma! sue D for the price of the goods either in Calcutta) where the cause of action has arisen or in ?elhi) where D carries on usiness. % & A resides at Simla) D at Calcutta and C at ?elhi A) D and C eing together at Denaras) D and C ma:e a =oint promissor! note pa!a le on demand) and deliver it to A. A ma! sue D and C at Denaras) where the cause of action arose. He ma! also sue them at Calcutta) where D resides) or at ?elhi) where C resides; ut in each of these cases) if the non#resident defendant o =ect) the suit cannot proceed without the leave of the Court. :1. O4/%ct#o', to /."#,)#ct#o' %$& 1o o =ection as to the place of suing shall e allowed ! an! appellate or Re#visional Court unless such o =ection was ta:en in the Court of first instance at the earliest possi le opportunit! and in all cases where issues or settled at or efore such settlement) and unless there has een a conse5uent failure of =ustice. %-& 1o o =ection as to the competence of a Court with reference to the pecuniar! limits of its =urisdiction shall e allowed ! an! Appellate or Re#visional Court unless such o =ection was ta:en in the Court of first instance at the earliest possi le opportunit!) and in all cases where issues are settled) at or efore such settlement) and unless there has een a conse5uent failure of =ustice. %/& 1o o =ection as to the competence of the executing Court with reference to the local limits of its =urisdiction shall e allowed ! an! Appellate or Re#visional Court unless such o =ection was ta:en in the executing Court at the earliest possi le opportunit!) and unless there has een a conse5uent failure of =ustice.> Not%? (lace of suing) pecuniar! Jurisdiction and competent Jurisdiction :1A. ;(" o' ,.#t to ,%t (,#)% )%c"%% o' o4/%ct#o' (, to 5$(c% of ,.#'- 1o suit shall lie challenging the validit! of a decree passed in a former suit etween the same parties) or etween the parties under whom the! or an! of them claim) litigating under the same title) on an! ground ased on an o =ection as to the place of suing. E*5$('(t#o'. 'he expression 6former suit6 means a suit which has een decided prior to the decision in the suit in which the validit! of the decree is 5uestioned) whether or not the previousl! decided suit was instituted prior to the suit in which the validit! of such decree is 5uestioned>. ::. Po>%" to t"(',f%" ,.#t, >!#c! &(6 4% #',t#t.t%) #' &o"% t!(' o'% Co."t Where a suit ma! e instituted in an! one of two or more Courts and is instituted in one of such Courts) an! defendant) after notice to the other parties) ma!) at the earliest possi le opportunit! and in all cases where issues are settled at or efore such settlement) appl! to have the suit transferred to another Court) and the Court to which such application is made) after considering the o =ections of the other parties %if an!&) shall determine in which of the several Courts having =urisdiction the suit shall proceed. :<. To >!(t Co."t (55$#c(t#o' $#%,. %$& Where the several Courts having =urisdiction are su ordinate to the same Appellate Court) an application under section -- shall e made to the Appellate Court.

%-& Where such Courts are su ordinate to different Appellate Courts ut to the same High Court) the application shall e made to the said High Court. %/& Where such Courts are su ordinate to different High Courts) the application shall e made the High Court within the local limits of whose =urisdiction the Court in which the suit is rought is situate. :7. 0%'%"($ 5o>%" of t"(',f%" (') >#t!)"(>($ %$& 3n the application of an! of the parties and after notice to the parties and after hearing such of them as desired to e heard) or of its own motion without such notice) the High Court or the ?istrict Court ma! at an! stageG %a& transfer an! suit) appeal or other proceeding pending efore it for trial or disposal to an! Court su ordinate to it and competent to tr! or dispose of the same) or % & withdraw an! suit) appeal or other proceeding pending in an! Court su ordinate to it) and %i& tr! or dispose of the same; or %ii& transfer the same for trial or disposal to an! Court su ordinate to it and competent to tr! or dispose of the same; or %iii& re#transfer the same for trial or disposal to the Court from which it was withdrawn %-& Where an! suit or proceeding has een transferred or withdrawn under su #section %$&) the Court which is thereafter to tr! or dispose of such suit or proceeding ma!) su =ect to an! special directions in the case of an! order of transfer) either retr! it or proceed from the point at which it was transferred or withdrawn. %/& Eor the purposes of this section) %a& Courts of Additional and Assistant Judges shall e deemed to e su ordinate to the ?istrict Court; % & 6proceeding6 includes a proceeding for the execution of a decree or order.> %8& the Court tr!ing an! suit transferred or withdrawn under this section from a Court of Small Causes shall) for the purposes of such suit) e deemed to e a Court of Small Causes. %B& A suit or proceeding ma! e transferred under this section from a Court which has no =urisdiction to tr! it.> @:5. Po>%" of .5"%&% Co."t to t"(',f%" ,.#t,, %tc. %$& 3n the application of a part!) and after notice to the parties) and after hearing such of them as desire to e heard) the Supreme Court ma!) at an! stage) if satisfied that an order under this section is expedient for the ends of =ustice) direct that an! suit) appeal or other proceeding e transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in an! other State. %-& Ever! application under this section shall e made ! a motion which shall e supported ! an affidavit. %/& 'he Court to which such suit) appeal or other proceeding is transferred shall) su =ect to an! special directions in the order of transfer) either retr! it or proceed from the stage at which it was transferred to it. %8& .n dismissing an! application under this section) the Supreme Court ma!) if it is of opinion that the application was frivolous or vexatious) order the applicant to pa! ! wa! of compensation to an! person who has opposed the application such sum) not exceeding two thousand rupees) as it considers appropriate in the circumstances of the case.

%B& 'he law applica le to an! suit) appeal or other proceeding transferred under this section shall e the law which the Court in which the suit) appeal or other proceeding was originall! instituted ought to have applied to such suit) appeal or proceeding.> .nstitution of suits :8. I',t#t.t#o' of ,.#t, Ever! suit shall e instituted ! the presentation of a plaint or in such other manner as ma! e prescri ed. .&&o', (') D#,co1%"6 :9. .&&o', to )%f%')('ts Where a suit has een dul! instituted) a summons ma! e issued to the defendant to appear and answer the claim and ma! e served in manner prescri ed. :8. %"1#c% of ,.&&o', >!%"% )%f%')('t "%,#)%, #' ('ot!%" t(t% %$& A summons ma! e sent for service in another State to such Court and in such manner as ma! e prescri ed ! rules in force in that State. %-& 'he Court to which such summons is sent shall) upon receipt thereof) proceed as if it had een issued ! such Court and shall then return the summons to the Court of issue together with the record %if an!& of its proceedings with regard thereto. %/& Where the language of the summons sent for service in another State is different from the language of the record referred to in su # section %-&) a translation of the record)G %a& in Hindi) where the language of the Court issuing the summons is Hindi) or % & in Hindi or English where the language of such record is other than Hindi or English) shall also e sent together with the record sent under that su #section>. :9. %"1#c% of fo"%#-' ,.&&o',%, .&&o', (') ot!%" 5"oc%,,%, #,,.%) 46 %a& an! Civil or Revenue Court esta lished in an! part of .ndia to which the provisions of this Code do not extent) or % & an! Civil or Revenue Court esta lished or continued 2overnment outside .ndia) or ! the authorit! of the Central

%c& an! other Civil or Revenue Court outside .ndia to which the Central 2overnment has) ! notification in the 3fficial 2a4ette) declared the provisions of this section to appl!) ma! e sent to the Courts in the territories to which this Code extends) and served as if the! were summonses issued ! such Courts. <0. Po>%" to o")%" )#,co1%"6 (') t!% $#A% Su =ect to such conditions and limitations as ma! e prescri ed) the Court ma!) at an! time) either of its own motion or on the application of an! part!) %a& ma:e such orders as ma! e necessar! or reasona le in all matters relating to the deliver! and answering of interrogatories) the admission of documents and facts) and the discover!) inspection) production) impounding and return of documents or other material o =ects produci le as evidence; % & issue summonses to persons whose attendance is re5uired either to give evidence or to produce documents or such other o =ects as aforesaid; %c& order an! fact to e proved ! affidavit.

<1. .&&o', to >#t'%,, 'he provisions in sections -7) -, and -* shall appl! to summonses to give evidence or to produce documents or other material o =ects. <:. P%'($t6 fo" )%f(.$t 'he Court ma! compel the attendance of an! person to whom a summons has een issued under section /+ and for that purpose ma! %a& issue a warrant for his arrest; % & attach and sell his propert!; %c& impose a fine upon him not exceeding five hundred rupees; %d& order him to furnish securit! for his appearance and in default commit him to the civil prison. Judgment and decree <<. 3.)-&%'t (') )%c"%% 'he Court) after the case has een heard) shall pronounce =udgment) and on such =udgment a decree shall follow. .nterest <7. I't%"%,t%$& Where and in so far as a decree is for the pa!ment of mone!) the Court ma!) in the decree) order interest at such rate as the Court deems reasona le to e paid on the principal sum ad=udged) from the date of the suit to the date of the decree) in addition to an! interest ad=udged on such principal sum for an! period prior to the institution of the suit) with further interest at such rate not exceeding six per cent) per annum as the Court deems reasona le on such principal sum from the date of the decree to the date of pa!ment) or to such earlier date as the Court thin:s fit " (rovided that where the lia ilit! in relation to the sum so ad=udged had arisen out of a commercial transaction) the rate of such further interest ma! exceed six per cent) per annum) ut shall not exceed the contractual rate of interest or where there is no contractual rate) the rate at which mone!s are lent or advanced ! nationalised an:s in relation to commercial transactions. E*5$('(t#o' I..n this su #section) 6nationalised an:6 means a corresponding new an: as defined in the Dan:ing Companies %Ac5uisition and 'ransfer of ;nderta:ings& Act $*7+ %B of $*7+&. E*5$('(t#o' II.Eor the purposes of this section) a transaction is a commercial transaction) if it is connected with the industr!) trade or usiness of the part! incurring the lia ilit!.> %-& Where such a decree is silent with respect to the pa!ment of further interest on such principal sum from the date of the decree to the date of pa!ment or other earlier date) the Court shall e deemed to have refused such interest) and a separate suit therefore shall not lie. Costs <5. Co,t, %$& Su =ect to such conditions and limitations as ma! e prescri ed) and to the provisions of law for the time eing in force) the costs of and incident to all suits shall e in the discretion of the Court) and the Court shall have full power to determine ! whom or out of what propert! and to what extent such costs are to e paid) and to give all necessar! directions for the purposes aforesaid. 'he fact that the Court has no =urisdiction to tr! the suit shall e no ar to the exercise of such powers. %-& Where the Court directs that an! costs shall not follow the event) the Court shall state its reasons in writing.

<5A. Co&5%',(to"6 co,t, #' "%,5%ct of f($,% o" 1%*(t#o., c$(#&, o" )%f%',%, %$& .f an! suit or other proceedings including an execution proceedings ut @-+>@excluding an appeal or a revision> an! part! o =ects to the claim of defence on the ground that the claim or defence or an! part of it is) as against the o =ector) false or vexatious to the :nowledge of the part! ! whom it has een put forward) and if thereafter) as against the o =ector) such claim or defence is disallowed) a andoned or withdrawn in whole or in part) the Court if it so thin:s fit) ma!) after recording its reasons for holding such claim or defence to e false or vexatious) ma:e an order for the pa!ment to the o =ect or ! the part! ! whom such claim or defence has een put forward) of cost ! wa! of compensation. %-& 1o Court shall ma:e an! such order for the pa!ment of an amount exceeding @-$>@three thousand rupees> or exceeding the limits of it pecuniar! =urisdiction) whichever amount is less" (rovided that where the pecuniar! limits of the =urisdiction of an! Court exercising the =urisdiction of a Court of Small Causes under the (rovincial Small Cause Courts Act) $,,7 %* of $,,7& or under a corresponding law in force in an! part of .ndia to which the said Act does not extend and not eing a Court constituted under such Act or law) are less than two hundred and fift! rupees) the High Court ma! empower such Court to award as costs under this section an! amount not exceeding two hundred and fift! rupees and not exceeding those limits ! more than one hundred rupees " (rovided) further) that the High Court ma! limit the amount or class of Courts is empowered to award as costs under this Section. %/& 1o person against whom an order has een made under this section shall) ! reason thereof) e exempted from an! criminal lia ilit! in respect of an! claim or defence made ! him. %8& 'he amount of an! compensation awarded under this section in respect of a false or vexatious claim or defence shall e ta:en into account in an! su se5uent suit for damages or compensation in respect of such claim or defence. @<5;. Co,t, fo" c(.,#'- )%$(6 %$& .f) on an! date fixed for the hearing of a suit or for ta:ing an! step therein) a part! to the suitG %a& fails to ta:e the step which he was re5uired ! or under this Code to ta:e on that date) or % & o tains an ad=ournment for ta:ing such step or for producing evidence or on an! other ground) the Court ma!) for reasons to e recorded) ma:e an order re5uiring such part! to pa! to the other part! such costs as would) in the opinion of the Court) e reasona l! sufficient to reim urse the other part! in respect of the expenses incurred ! him in attending the Court on that date) and pa!ment of such costs) on the date next following the date of such order) shall e a condition precedent to the further prosecution ofG %a& the suit ! the plaintiff) where the plaintiff was ordered to pa! such costs. % & the defence ! the defendant) where the defendant was ordered to pa! such costs. Explanation.GWhere separate defences have een raised ! the defendants or groups of defendants) pa!ment of such costs shall e a condition precedent to the further prosecution of the defence ! such defendants or groups of defendants as have een ordered ! the Court to pa! such costs. %-& 'he costs) ordered to e paid under su #section %$& shall not) if paid) e included in the costs awarded in the decree passed in the suit; ut) if such costs are not paid) a separate order shall e

drawn up indicating the amount of such costs and the names and addresses of the persons ! whom such costs are pa!a le and the order so drawn up shall e executa le against such persons.> THE CODE OF CIVIL PROCEDURE, 1908 0%'%"($ <8. A55$#c(t#o' to o")%", 'he provisions of this Code relating to the execution of decree %including provisions relating to pa!ment under a decree& shall) so far as the! are applica le) e deemed to appl! to the execution of orders %including pa!ment an order&.> <9. D%f#'#t#o' of Co."t >!#c! 5(,,%) ( )%c"%% 'he expression 6Court which passed a decree6) or words to that effect) shall) in relation to the execution of decrees) unless there is an!thing repugnant in the su =ect or context) e deemed to include) %a& where the decree to e executed) has een passed in the exercise of appellate =urisdiction) the Court of first instance) and % & where the Court of first instance has ceased to exist or to have =urisdiction to execute it) the Court which) where in the decree was passed if the suit )was instituted at the time of ma:ing the application for the execution of the decree) would have =urisdiction to tr! such suit. E*5$('(t#o'. 'he Court of first instance does not cease to have =urisdiction to execute a decree merel! on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree) an! area has een transferred from the =urisdiction of that Court to the =urisdiction of an! other Court; ut in ever! such case) such other Court shall also have =urisdiction to execute the decree) if at the time of ma:ing the application for execution of the decree it would have =urisdiction to tr! the said suit. Courts ! which decrees ma! e executed <8. Co."t 46 >!#c! )%c"%% &(6 4% %*%c.t%) A decree ma! e executed either ! the court which passed it) or ! the Court to which it is sent for execution. <9. T"(',f%" of )%c"%% %$& 'he Court which passed a decree ma!) on the application of the decree#holder) send it for execution to another Court @-B>@of competent =urisdiction>)G %a& if the person against whom the decree is passed actuall! and voluntaril! resides or carries on usiness) or personall! wor:s for gain) within the local limits of the =urisdiction of such other Court) or % & if such person has no propert! with in the local limits of the =urisdiction of the Court which passed the decree sufficient to satisf! such decree and has propert! within the local limits of the =urisdiction of such other Court) or %c& if the decree directs the sale or deliver! of immova le propert! situate outside the local limits of the =urisdiction of the Court which passed it) or %d& if the Court which passed the decree considers for an! other reason) which it shall record in wiring) that the decree should e executed ! such other Court. %-& 'he Court which passed the decree ma! of its own motion send it for execution to an! su ordinate Court of competent =urisdiction. %/& Eor the purposes of this section) a Court shall e deemed to e a Court of competent =urisdiction if) at the time of ma:ing the application for the transfer of decree to it) such Court would have =urisdiction to tr! the suit in which such decree was passed.> PART II+ EBECUTION

70. T"(',f%" of )%c"%% to Co."t #' ('ot!%" t(t% Where a decree is sent for execution in another State) it shall e sent to such Court and executed in such manner as ma! e prescri ed ! rules in force in that State. 71. R%,.$t of %*%c.t#o' 5"oc%%)#'-, to 4% c%"t#f#%). 'he Court to which a decree is sent for execution shall certif! to the Court which passed it) the proceedings of such execution) or where the former Court fails to execute the same the circumstances attending such failure. 7:. Po>%", of Co."t #' %*%c.t#'- t"(',f%""%) )%c"%% %$& 'he Court executing a decree sent to it shall have the same powers in executing such decree as if it had een passed ! itself. All persons diso e!ing or o structing the execution of the decree shall e punisha le ! such Court in the same manner as if it had passed the decree. And its order in executing such decree shall e su =ect to the same rules in respect of appeal as if the decree had een passed ! itself. %-& Without pre=udice to the generalit! of the provisions of su #section %$& the powers of the Court under that su #section shall include the following powers of the Court passed the decree) namel!" %a& power to send the decree for execution to another Court under section /*; % & power to execute the decree against the legal representative of the deceased =udgment#de tor under section B+; %c& power to order attachment of a decree. %/& A Court passing an order in exercise of the powers specified in su #section %-& shall send a cop! thereof to the Court which passed the decree. %8& 1othing in this section shall e deemed to confer on the Courts to which a decree is sent for execution an! of the following powers) namel!G %a& power to order execution at the instance of the transferee of the decree; % & in the case of a decree passed against a firm) power to grant leave to execute such decree against an! person other than such a person as is referred to in clause % &) or clause %c&) of su # rule %$& of rule B+ of 3rder HH..> 7<. E*%c.t#o' of )%c"%%, 5(,,%) 46 C#1#$ Co."t, #' 5$(c%, to >!#c! t!#, Co)% )o%, 'ot %*t%') An! decree passed ! an! Civil Court esta lished in an! part of .ndia to which the provisions of this Code do not extend) or ! an! Court esta lished or continued ! the authorit! of the Central 2overnment outside .ndia) ma!) if it cannot e executed within the =urisdiction of the Court ! which it was passed) e executed in the manner herein provided within the =urisdiction of an! Court in the territories to which this Code extends. 77. E*%c.t#o' of )%c"%%, 5(,,%) 46 R%1%'.% Co."t #' 5$(c%, to >!#c! t!#, Co)% )o%, 'ot %*t%'t ? 'he State 2overnment ma!) ! notification in the 3fficial 2a4ette) declare that the decrees of an! Revenue Court in an! part of .ndia to which the provisions of this Code do not extend or an! class of such decrees) ma! e executed in the State as if the! had een passed ! Courts in that State. 77A. E*%c.t#o' of )%c"%%, 5(,,%) 46 Co."t, #' "%c#+5"oc(t#'- t%""#to"6 %$& Where a certified cop! of decree of an! of the superior Courts of an! reciprocating territor! has een filed in a ?istrict Court) the decree ma! e executed in .ndia as if it had een passed ! the ?istrict Court. %-& 'ogether with the certified cop! of the decree shall e filed a certificate from such superior Court stating the extent) if an!) to which the decree has een satisfied or ad=usted and such

certificate shall) for the purposes of proceedings under this section) e conclusive proof of the extent of such satisfaction or ad=ustment. %/& 'he provisions of section 87 shall as from the filing of the certified cop! of the decree appl! to the proceedings of a ?istrict Court executing a decree under this section) and the ?istrict Court shall refuse execution of an! such decree) if it is shown to the satisfaction of the Court that the decree falls within an! of the exceptions specified in clauses %a& to %f& of section $/. Explanation $ 6Reciprocating territor!6 means an! countr! or territor! outside .ndia which the Central 2overnment ma!) ! notification in the 3fficial 2a4ette) declare to e a reciprocating territor! for the purposes of this section; and 6superior Courts6) with reference to an! such territor!) means such Courts as ma! e specified in the said notification. Explanation " 6?ecree6 with reference to a superior Court means an! decree or =udgment of such Court under which a sum of mone! is pa!a le) not eing a sum pa!a le in respect of taxes or other charges of a li:e nature or in respect to a fine or other penalt!) ut shall in no case include an ar itration award) even if such an award is enforcea le as a decree or =udgment. 75. E*%c.t#o' of )%c"%%, o.t,#)% I')#( So much of the foregoing sections of this (art as empowers a Court to send a decree for execution to another Court shall e construed as empowering a Court in an! State to send a decree for execution to an! Court esta lished ! the authorit! of the Central 2overnment outside .ndia to which the State 2overnment has ! notification in the 3fficial 2a4ette declared this section to appl!. 78. P"%c%5t, %$& ;pon the application of the decree#holder the Court which passed the decree ma!) whenever it thin:s fit) issue a precept to an! other Court which would e competent to execute such decree to attach an! propert! elonging to the =udgment#de tor and specified in the precept. %-& 'he Court to which a precept is sent shall proceed to attach the propert! in the manner prescri ed in regard to the attachment of propert! in execution of a decree" (rovided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended ! an order of the Court which passed the decree or unless efore the determination of such attachment the decree has een transferred to the Court ! which the attachment has een made and the decree#holder has applied for an order for the sale of such propert!. C.%,t#o', to 4% )%t%"&#'%) 46 Co."t %*%c.t#'- )%c"%% 79. C.%,t#o', to 4% )%t%"&#'%) 46 t!% Co."t %*%c.t#'- )%c"%% %$& All 5uestions arising etween the parties to the suit in which the decree was passed) or their representatives) and relating to the execution) discharge or satisfaction of the decree) shall e determined ! the Court executing the decree and not ! a separate suit. @-*>A A A A %/& Where a 5uestion arises as to whether an! person is or is not the representative of a part!) such 5uestion shall) for the purposes of this section) e determined ! the Court Explanation .. Eor the purposes of this section) a plaintiff whose suit has een dismissed and a defendant against whom a suit has een dismissed are parties to the suit. Explanation ...%a& Eor the purposes of this section) a purchaser of propert! at a sale in execution of a decree shall e deemed to e a part! to the suit in which the decree is passed; and

% & all 5uestions relating to the deliver! of possession of such propert! to such purchaser or his representative shall e deemed to e 5uestions relating to the execution) discharge or satisfaction of the decree within the meaning of this section.> <imit of time for execution 78. @E*%c.t#o' 4(""%) #' c%"t(#' c(,%,D. Rep. ! the limitation Act) $*C/ %/C of $*C/&) s. -, %with effect from the $st Januar!) $*C8& 'ransferees and legal representatives 79. T"(',f%"%% Ever! transferee of a decree shall hold the same su =ect to the e5uities %if an!& which the =udgment#de tor might have enforced against the original decree#holder. 50. L%-($ "%5"%,%'t(t#1% %$& Where a =udgment#de tor dies efore the decree has een full! satisfied) the holder of the decree ma! appl! to the Court which passed it to execute the same against the legal representative of the deceased. %-& Where the decree is executed against such legal representative) he shall e lia le onl! to the extent of the propert! of the deceased which has come to his hands and has not een dul! disposed of; and) for the purpose of ascertaining such lia ilit!) the Court executing the decree ma!) of its own motion or on the application of the decree#holder) compel such legal representative to produce such accounts as it thin:s fit. P"oc%)."% #' %*%c.t#o' 51. Po>%", of Co."t to %'fo"c% %*%c.t#o' Su =ect to such conditions and limitations as ma! e prescri ed) the Court ma!) on the application of the decree#holder) order execution of the decree %a& ! deliver! of an! propert! specificall! decreed; % & ! attachment and sale or ! the sale without attachment of an! propert!; %c& ! arrest and detention in prison @/$>@for such period not exceeding the period specified in section B,) where arrest and detention is permissi le under that section>; %d& ! appointing a receiver; or %e& in such other manner as the nature of the relief granted ma! re5uire" (rovided that) where the decree is for the pa!ment of mone!) execution ! detention in prison shall not e ordered unless) after giving the =udgment#de tor an opportunit! of showing cause wh! he should not e committed to prison) the Court) for reasons recorded in writing) is satisfied %a& that the =udgment#de tor) with the o =ect or effect of o structing or dela!ing the execution of the decree) %i& is li:el! to a scond or leave the local limits of the =urisdiction of the Court) or %ii& has) after the institution of the suit in which the decree was passed) dishonestl! transferred) concealed) or removed an! part of his propert!) or committed an! other act of ad faith in relation to his propert!) or % & that the =udgment#de tor has) or has had since the date of the decree) the means to pa! the amount of the decree or some su stantial part thereof and refuses or neglects or has refused or neglected to pa! the same) or

%c& that the decree is for a sum for which the =udgment#de tor was ound in a fiduciar! capacit! to account. Explanation. .n the calculation of the means of the =udgment#de tor for the purposes of clause % &) there shall e left out of account an! propert! which) ! or under an! law or custom having the force of law for the time eing in force) is exempt from attachment in execution of the decree. 5:. E'fo"c%&%'t of )%c"%% (-(#',t $%-($ "%5"%,%'t(t#1% %$& Where a decree is passed against a part! as the legal representative of a deceased person) and the decree is for the pa!ment of mone! out of the propert! of the deceased) it ma! e executed ! the attachment and sale of an! such propert!. %-& Where no such propert! remains in the possession of the =udgment#de tor and he fails to satisf! the Court that he has dul! applied such propert! of the deceased as is proved to have come into his possession) the decree ma! e executed against the =udgment#de tor to the extent of the propert! in respect of which he has failed so to satisf! the Court in the same manner as if the decree had een against him personall!. 5<. L#(4#$#t6 of ('c%,t"($ 5"o5%"t6 Eor the purposes of section B+ and section B-) propert! in the hands of a son or other descendant which is lia le under Hindu law for the pa!ment of the de t of a deceased ancestor) in respect of which a decree has een passed) shall e deemed to e propert! of the deceased which has come to the hands of the son or other descendant as his legal representative. 57. P("t#t#o' of %,t(t% o" ,%5("(t#o' of ,!("% Where the decree is for the partition of an undivided estate) assessed to the pa!ment of revenue to the 2overnment) or for the separate possession of a share of such an estate) the partition of the estate or the separation of the share shall e made ! the Collector or an! ga4etted su ordinate of the Collector deputed ! him in this ehalf) in accordance with the law %if an!& for the time eing in force relating to the partition) or the separate possession shares) of such estates. A""%,t (') )%t%'t#o' 55. A""%,t (') )%t%'t#o' %$& A =udgment#de tor ma! e arrested in execution of a decree at an! hour and on an! da!) and shall) as soon as practica le) e rought efore the Court) and his detention ma! e in the civil prison of the district in which the Court ordering the detention is situate) or) where such civil prison does not afford suita le accommodation) in an! other place which the State 2overnment ma! appoint for the detention of persons ordered ! the Courts of such district to e detained" (rovided) firstl!) that) for the purpose of ma:ing an arrest under this section) no dwelling#house shall e entered after sunset and efore sunrise " (rovided) secondl!) that no outer door of a dwelling#house shall e ro:en open unless such dwelling#house is in the occupanc! of the =udgment#de tor and he refuses or in an! wa! prevents access thereto) ut when the officer authori4ed to ma:e the arrest has dul! gained access to an! dwelling#house) he ma! rea: open the door of an! room in which he has reason to elieve the =udgment#de tor is to e found " (rovided) thirdl!) that) if the room is in the actual occupanc! of a woman who is not the =udgment#de tor and who according to the customs of the countr! does not appear in pu lic) the officer authori4ed to ma:e the arrest shall give notice to her that she is at li ert! to withdraw) and) after allowing a reasona le time for her to withdraw and giving her reasona le facilit! for withdrawing) ma! enter the room for the purpose of ma:ing the arrest "

(rovided) fourthl!) that) where the decree in execution of which a =udgment#de tor is arrested) is a decree for the pa!ment of mone! and the =udgment#de tor pa!s the amount of the decree and the costs of the arrest to the officer arresting him) such officer shall at once release him. %-& 'he State 2overnment ma!) ! notification in the 3fficial 2a4ette) declare that an! person or class of persons whose arrest might e attended with danger or inconvenience to the pu lic shall not e lia le to arrest in execution of a decree otherwise than in accordance with such procedure as ma! e prescri ed ! the State 2overnment in this ehalf. %/& Where a =udgment#de tor is arrested in execution of a decree for the pa!ment of mone! and rought efore the Court) the Court shall inform him that he ma! appl! to e declared an insolvent) and that he ma! e discharged) if he has not committed an! act of ad faith regarding the su =ect of the application and if he complies with provisions of the law of insolvenc! for the time eing in force. %8& Where a =udgment#de tor express his intention to appl! to e declared an insolvent and furnishes securit!) to the satisfaction of the Court) that he will within one month so appl!) and that he will appear) when called upon) in an! proceeding upon the application or upon the decree in execution of which he was arrested) the Court ma! release him from arrest) and) if he fails so to appl! and to appear) the Court ma! either direct the securit! to e reali4ed or commit him to the civil prison in execution of the decree. 58. P"o!#4#t#o' of (""%,t o" )%t%'t#o' of >o&%' #' %*%c.t#o' of )%c"%% fo" &o'%6 1otwithstanding an!thing in this (art) the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the pa!ment of mone!. 59. .4,#,t%'c% ($$o>('c% 'he State 2overnment ma! fix scales) graduated according to ran:) race and nationalit!) of monthl! allowances pa!a le for the su sistence (E*#,t%'c%) of =udgment# de tors. 58. D%t%'t#o' (') "%$%(,% %$& Ever! person detained in the civil prison in execution of a decree shall e so detained) %a& where the decree is for the pa!ment of a sum of mone! exceeding one thousand rupees) for a period not exceeding three months) and % & where the decree is for the pa!ment of a sum of mone! exceeding five hundred rupees) ut not exceeding one thousand rupees) for a period not exceeding six wee:s (rovided that he shall e released from such detention efore the expiration of the said period of detention %i& on the amount mentioned in the warrant for his detention eing paid to the officer in charge of the civil prison) or %ii& on the decree against him eing otherwise full! satisfied) or %iii& on the re5uest of the person on whose application he has een so detained) or %iv& on the omission ! the person) on whose application he has su sistence allowance " een so detained) to pa!

(rovided) also) that he shall not e released from such detention under clause %ii& or clause %iii&) without the order of the Court.

%$A& Eor the removal of dou ts) it is here ! declared that no order for detention of the =udgment# de tor in civil prison in execution of a decree for the pa!ment of mone! shall e made) where the total amount of the decree does not exceed five hundred rupees.> %-& A =udgment#de tor released from detention under this section shall not merel! ! reason of his release e discharged from his de t) ut he shall not e lia le to e re#arrested under the decree in execution of which he was detained in the civil prison. 59. R%$%(,% o' -"o.') of #$$'%,, %$& At an! time after a warrant for the arrest of a =udgment# de tor has een issued the Court ma! cancel it on ground of his serious illness. %-& Where a =udgment#de tor has een arrested) the Court ma! release him if) in its opinion) he is not in a fit state of health to e detained in the civil prison. %/& Where a =udgment#de tor has een committed to the civil prison) he ma! e released there from) %a& ! the State 2overnment) on the ground of the existence of an! infectious or contagious disease) or % & ! the committing Court) or an! Court to which that Court is su ordinate) on the ground of his suffering from an! serious illness. %8& A =udgment#de tor released under this section ma! e re#arrested) ut the period of his detention in the civil prison shall not in the aggregate exceed that prescri ed ! section B,. 80. P"o5%"t6 $#(4$% to (tt(c!&%'t (') ,($% #' %*%c.t#o' of )%c"%% %$& 'he following propert! is lia le to attachment and sale in execution of a decree) namel!) lands) houses or other uildings) goods) mone!) an:notes) che5ues) ills of exchange) hundis ) promissor! notes) 2overnment securities) onds or other securities for mone!) de ts) shares in corporation and) save as hereinafter mentioned) all other salea le propert!) mova le or immova le) elonging to the =udgment#de tor) or over which) or the profits of which) he has a disposing power which he ma! exercise for his own enefit) whether the same e held in the name of the =udgment#de tor or ! another person in trust for him or on his ehalf " (rovided that the following particulars shall not e lia le to such attachment or sale) namel!" %a& the necessar! wearing#apparel) coo:ing vessels) eds and edding of the =udgment#de tor) his wife and children) and such personal ornaments as) in accordance with religious usage) cannot e parted with ! an! woman; % & tools of artisans) and) where the =udgment#de tor is an agriculturist) his implements of hus andr! and such cattle and seed#grain as ma!) in the opinion of the court) e necessar! to ena le him to earn his livelihood as such) and such portion of agricultural produce or of an! class of agricultural produce as ma! have een declared to e free from lia ilit! under the provisions of the next following section; %c& houses and other uildings %with the materials and the sites thereof and the land immediatel! appurtenant thereto and necessar! for their en=o!ment& elonging to an agriculturist or a la ourer or a domestic servant> and occupied ! him; %d& oo:s of account; %e& a mere right to sue for damages; %f& an! right of personal service;

%g& stipends and gratuities allowed to pensioners of the government or of a local authorit! or of an! other emplo!er> or pa!a le out of an! service pension fund notified in the 3fficial 2a4ette ! the Central 2overnment or the State government in this ehalf) and political pension; %h& the wages of la ourers and domestic servants) whether pa!a le in mone! or in :ind; %i& salar! to the extent of the first four hundred rupees and two third of the remainder in execution of an! decree other than a decree for maintenance. (rovided that where an! part of such portion of the salar! as is lia le to attachment has een under attachment) whether continuousl! or intermittentl!) for a total period of twent!#four months) such portion sail e exempt from attachment until the expir! of a further period of twelve months) and) where such attachment has een made in execution of one and the same decree) shall) after the attachment has continued for a total period of twent!#four months) e finall! exempt from attachment in execution of that decree.> % . a& one#third of the salar! in execution of an! decree for maintenance;> % =& the pa! and allowances of persons to whom the Air Eorce Act) $*B+ %8B of $*B+&) or the Arm! Act) $*B+ %8C of $*B+&) or the 1av! Act %C- of $*B7&) applies;> %:& all compulsor! deposits and other sums in or derived from and fund to which the (rovident funds Act) $*-B) %$* of $*-B&) for the time eing applies in so far as the! are declared ! the said Act not to e lia le to attachment; @8/> @%:a& all deposits and other sums in or derived from an! fund to which the (u lic (rovident Eund Act) $*C, %-/ of $*C,& for the time eing applies in so far as the! are declared ! the said Act as not to e lia le to attachment; %: & all mone!s pa!a le under a polic! of insurance on the life of the =udgment#de tor; %:c& the interest of a lessee of a residential uilding to which the provisions of law for the time eing in force relating to control of rents and accommodation appl!;> %$& an! allowance forming part of the emoluments of an! servant of the 2overnment or of an! servant of a railwa! compan! or local authorit! which the appropriate 2overnment ma! ! notification in the 3fficial 2a4ette declare to e exempt from attachment) and an! su sistence grant for allowance made to an! such servant while under suspension; %m& an expectanc! of succession ! survivorship or other merel! contingent or possi le right or interest; %n& a right to future maintenance; %o& an! allowance declared ! an! .ndian law to e exempt from lia ilit! to attachment or sale in execution of a decree; and %p& where the =udgment#de tor is a person lia le for the pa!ment of land#revenue; an! mova le propert! which) under an! law for the time eing applica le to him) is exempt from sale for the recover! of an arrears of such revenue. @Explanation .. 'he mone!s pa!a le in relation to the matters mentioned in clauses %g&) %h&) %i&) %ia&) %=&) %$& and %o& are exempt from attachment or sale) whether efore or after the! are actuall! pa!a le) and) in the case of salar!) the attacha le portion thereof is lia le to attachment) whether efore or after it is actuall! pa!a le

Explanation ... .n clauses %$& and %ia&>) 6salar!6 means the total monthl! emoluments) excluding an! allowance declared exempt from attachment under the provisions of clause %$& derived ! a person from his emplo!ment whether on dut! or on leave>. Explanation ... .n Clause %l&) 6appropriate 2overnment6 means %i& as respect an! person in the service of the Central 2overnment) or an! servant of a Railwa! Administration or of a cantonment authorit! or of the port authorit! of a ma=or port) the Central 2overnment; %ii& as respects an! other servant of the 2overnment or a servant of an! other local authorit! s:illed the State 2overnment. @Explanation .9. Eor the purposes of this proviso) 6wages6) includes includes a s:illedIuns:illed or semi#s:illed la ourer. onus) and la ourer6

Explanation 9. Eor the purposes of this proviso) the expression 6agriculturist6 means a person who cultivates land personall! and who depends for his livelihood mainl! on the income from agricultural land) whether as owner) tenant) partner or agricultural la ourer. Explanation 9.. Eor the purposes of Explanation 9) an agriculturist shall e deemed to cultivate land personall!) if he cultivates landG %a& ! his own la our) or % & ! the la our of an! mem er of his famil!) or %c& ! servants or la ourers on wages pa!a le in case or in :ind %not eing as a share of the produce&) or oth.> %$A& 1otwithstanding an!thing contained in an! other law for the time eing in force) an agreement ! which a person agrees to waive the enefit on an! exemption under this section shall e void.> %-& 1othing in this section shall e deemed to exempt houses and other uildings %with the materials and the sites thereof and the land immediatel! appurtenant thereto and necessar! for their en=o!ment& from attachment or sale in execution of decrees for rent of an! such house) uilding) site or land. 81. P("t#($ %*%&5t#o' of (-"#c.$t."($ 5"o).c% 'he State 2overnment ma!) ! general or special order pu lished in the 3fficial 2a4ette) declare that such portion of agricultural produce) or of an! class of agricultural produce) as ma! appear to the State 2overnment to e necessar! for the purpose of providing until the next harvest the due cultivation of the land and for the support of the =udgment#de tor and his famil!) shall) in the case of all agriculturists or of an! class of agriculturists) e exempted from lia ilit! to attachment or sale in exaction of a decree. 8:. %#E."% of 5"o5%"t6 #' )>%$$#'-+!o.,% %$& 1o person executing an! process under this Code directing or authori4ing sei4ure of mova le propert! shall enter an! dwelling#house after sunset and efore sunrise. %-& 1o outer door of a dwelling#house shall e ro:en open unless such dwelling#house is in the occupanc! of the =udgment#de tor and he refuses or in an! wa! prevents access thereto) ut when the person executing an! such process has dul! gained access to an! dwelling#house) he ma! rea: open the door of an! room in which he has reason to elieve an! such propert! to e. %/& Where a room in a dwelling#house is in the actual occupanc! of a woman who) according to the customs of the countr!) does not appear in pu lic) the person executing the process shall give

notice to such woman that she is at li ert! to withdraw; and) after allowing reasona le time for her to withdraw and giving her reasona le facilit! for with#drawing) he ma! enter such room for the purpose of sei4ing the propert!) using at the same time ever! precaution) consistent with these provisions) to prevent its clandestine removal. 8<. P"o5%"t6 (tt(c!%) #' %*%c.t#o' of )%c"%%, of ,%1%"($ Co."t, %$& Where propert! not in the custod! of an! Court is under attachment in execution of decrees of more Courts than one) the Court which shall receive or reali4e such propert! and shall determine an! claim thereto an! o =ection to the attachment thereof shall e the Court of highest grade) or) where there is no difference in grade etween such Courts) the Court under whose decree the propert! was first attached. %-& 1othing in this section shall e deemed to invalidate an! proceeding ta:en ! a Court executing one of such decrees. Explanation" Eor the purposes of su #section %-&) 6proceeding ta:en ! a Court6 does not include an order allowing) to a decree#holder who has purchased propert! at a sale held in execution of a decree) set off to the extent of the purchase price pa!a le ! him. 87. P"#1(t% ($#%'(t#o' of 5"o5%"t6 (ft%" (tt(c!&%'t to 4% 1o#) ? Where an attachment has een made) an! private transfer or deliver! of the propert! attached or of an! interest there in and an! pa!ment to the =udgment#de tor of an! de t) dividend or other monies contrar! to such attachment) shall e void as against all claims enforcea le under the attachment. Explanation Eor the purposes of this section) claims enforcea le under an attachment include claims for the rate#a le distri ution of assets. ($% 85. P."c!(,%"F, t#t$% Where immova le propert! is sold in execution of a decree and such sale has ecome a solute) the propert! shall e deemed to have vested in the purchaser from the time when the propert! is sold and not from the time when the sale ecomes a solute. CC. @B$>@A A A A> 89. Po>%" fo" t(t% 0o1%"'&%'t to &(A% ".$%, (, to ,($%, of $(') #' %*%c.t#o' of )%c"%%, fo" 5(6&%'t of &o'%6 %$& 'he State 2overnment ma!) ! notification in the 3fficial 2a4ette) ma:e rules for an! local area imposting conditions in respect of the sale of an! class of interests in land in execution of decrees for the pa!ment of mone!) where such interests are so uncertain or undermined as) in the opinion of the State 2overnment to ma:e it impossi le to fix their value. %-& When on the date on which this Code came into operation in an! local area) an! special rules as to sale of and in execution of decrees were in force therein) the State 2overnment ma!) ! notification in the 3fficial 2a4ette) declare such rules to e in force) or ma! ! a li:e notification) modif! the same. Ever! notification issued in the exercise of the powers conferred ! this su #section shall set out the rules so continued or modified. %/& Ever! rule made under this section shall e laid) as soon as ma! e after it is made) efore the State <egislature. ?elegation to Collector of power to execute decrees against immova le propert! 88.G9:. R%5. 46 t!% Co)% of C#1#$ P"oc%)."% (A&%')&%'t) Act, 1958 (88 of 1958), ,. 9. D#,t"#4.t#o' of (,,%,t,

9<. P"oc%%), of %*%c.t#o'+,($% to 4% "%(t%(4$6 )#,t"#4.t%) (&o'- )%c"%%+!o$)%", %$& Where assests are held ! a Court and more persons than one have) efore the receipt of such assests) made application to the Court for the execution of decrees for the pa!ment of mone! passed against the same =udgment#de tor and have not o tained satisfaction thereof) the assests) after deducting the costs of reali4ation) shall e retea l! distri uted among all such persons " (rovided as follows "G %a& where an! propert! is sold su =ect to a mortgage or charge) the mortgage or incum rancer shall not e entitled to share in an! surplus arising from such sale; % & where an! propert! lia le to e sold in execution of a decree is su =ect to a mortgage or charges the Court ma!) with the consent of the mortgagee or incum rancer) order that the propert! e sold free from the mortgage or charge) giving to the mortgagee or incum rancer the same interest in the proceeds of the sale as he had in the propert! sold; %c& where an! immova le propert! is sold in execution of a decree ordering its sale for the discharge of an incum rance thereon) the proceeds of sale shall e appliedG first) in defra!ing the expenses of the sale; secondl!) in discharging the amount due under the decree; thirdl!) in discharging the interest and principal mone!s due on su se5uent incum rances %if an!&; and fourthl!) ratea l! among the holders of decrees for the pa!ment of mone! against the =udgment de tor) who have) prior to the sale of the propert!) applied to the Court which passed the decree ordering such sale for execution of such decrees) and have not o tained satisfaction thereof. %-& Where all or an! of the assests lia le to e ratea l! distri uted under this section are paid to a person not entitled to receive the same) an! person so entitled ma! sue such person to compel him to refund the assets. %/& 1othing in this section affects an! right of the 2overnment. R%,#,t('c% to %*%c.t#o' 97. R%,#,t('c% to %*%c.t#o' Where the Court is satisfied that the holder of a decree for the possession of immova le propert! or that the purchaser of immova le propert! sold in execution of a decree has een resisted or o structed in o taining possession of the propert! ! the =udgment#de tor or some person on his ehalf and that such resistance or o struction was without an! =ust cause) the Court ma!) at the instance of the decree#holder or purchaser) order the =udgment#de tor or such other person to e detained in the civil prison for a term which ma! extend to thirt! da!s and ma! further direct that the decree#holder or purchaser e put into possession of the propert!. PART III+INCIDENTAL PROCEEDIN0 Co&&#,,#o', 95. Po>%" of co."t to #,,.% co&&#,,#o',+ Su =ect to such conditions and limitations as ma! e prescri ed) the court ma! issue a commission# %a& to examine an! person; % & to ma:e a local investigation;

%c& to examine or ad=ust accounts; or %d& to ma:e a partition; @B/> @%e& to hold a scientific) technical) or expert investigation; %f& to conduct sale of propert! which is su =ect to speed! and natural deca! and which is in the custod! of the Court pending the determination of the suit; %g& to perform an! ministerial act.> 98. Co&&#,,#o' to ('ot!%" Co."t+ %$& A commission for the examination of an! person ma! e issued to an! Court %not eing a High Court& situate in a State other than the State in which the Court of issue is situate and having =urisdiction in the place in which the person to e examined resides. %-& Ever! Court receiving a commission for the examination of an! person under su #section %$& shall examine him or cause him to e examined pursuant thereto) and the commission) when it has een dul! executed) shall e returned together with the evidence ta:en under it to the Court from which it was issued) unless the order for issuing the commission has otherwise directed) in which case the commission shall e returned in terms of such order. 99. L%tt%" of "%H.%,t+ .n lieu of issuing a commission the Court ma! issue a letter of re5uest to examine a witness residing at an! place not within .ndia. 98. Co&&#,,#o', #,,.%) 46 fo"%#-' Co."t,+ Su =ect to such conditions and limitations as ma! e prescri ed the provisions as to the execution and return of commissions for the examination of witnesses shall appl! to commissions issue ! or as the instance of# %a& Courts situate in an! part of .ndia to which the provisions of this Code do not extend; or % & Courts esta lished or continued ! the authorit! of the Central 2overnment outside .ndia) or %c& Courts of an! State or countr! outside .ndia. PART IV+ UIT IN PARTICULAR CA E .#t, 46 o" (-(#',t t!% 0o1%"'&%'t o" 5.4$#c off#c%", #' t!%#" off#c#($ c(5(c#t6. 99. .#t, 46 o" (-(#',t 0o1%"'&%'t .n a suit ! or against the 2overnment) the authorit! to e named as plaintiff or defendant) as the case ma! e) shall eG %a& in the case of a suit ! or against the Central 2overnment) the ;nion of .ndia) and % & in the case of a suit ! or against a State 2overnment) the State. 80. Not#c% Save as otherwise provided in su #section %-&) no suits shall e instituted against the 2overnment %including the 2overnment of the State of Jammu J 0ashmir& or against a pu lic officer in respect of an! act purporting to e done ! such officer in his official capacit!) until the expiration of two months next after notice in writing has een delivered to) or left at the office ofG %a& in the case of a suit against the Central 2overnment) except where it relates to a railwa!) a Secretar! to that 2overnment; % & in the case of a suit against the Central 2overnment where it relates to railwa!) the 2eneral Fanager of that railwa!; % & in the case of a suit against the 2overnment of the State of Jammu and 0ashmir the Chief Secretar! to that 2overnment or an! other officer authorised ! that 2overnment in this ehalf;

%c& in the case of a suit against an! other State 2overnment) a Secretar! to that 2overnment or the Collector of the district; and) in the case of a pu lic officer) delivered to him or left at this 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 een so delivered or left. @BC> @%-& A suit to o tain an urgent or immediate relief against the 2overnment %including the 2overnment of the State of Jammu J 0ashmir& or an! pu lic officer in respect of an! act purporting to e done ! such pu lic officer in his official capacit!) ma! e instituted) with the leave of the Court) without serving an! notice as re5uired ! su #section %$&; ut the Court shall not grant relief in the suit) whether interim or otherwise) except after giving to the 2overnment or pu lic officer) as the case ma! e) a reasona le opportunit! of showing cause in respect of the relief pra!ed for in the suit " (rovided that the Court shall) if it is satisfied) after hearing the parties) that no urgent or immediate relief need e granted in the suit) return the plaint for presentation to it after compl!ing with the re5uirements of su #section %$&. %/& 1o suit instituted against the 2overnment or against a pu lic officer in respect of an! act purporting to e done ! such pu lic officer in his official capacit! shall e dismissed merel! ! reason of an! error or defect in the notice referred to in su #section %$&) if in such noticeG %a& the name) description and the residence of the plaintiff had een so given as to ena le the appropriate authorit! or the pu lic officer to identif! the person serving the notice and such notice had een delivered or left at the office of the appropriate authorit! specified in su #section %$&) and % & the cause of action and the relief claimed ! the plaintiff had een su stantiall! indicated.> 81. E*%&5t#o' f"o& (""%,t (') 5%",o'($ (55%("('c%G .n a suit instituted against a pu lic officer in respect of an! act purporting to e done ! him in his official capacit!G %a& the defendant shall not e lia le to arrest nor his propert! to attachment otherwise than in execution of a decree) and % & where the Court is satisfied that the defendant cannot a sent himself from his dut! without detriment to the pu lic service) it shall exempt him from appearing in person. 8:. E*%c.t#o' of )%c"%% @B7>%$& Where) in a suit ! or against the 2overnment or ! or against a pu lic officer in respect of an! act purporting to e done him in his official capacit!) a decree is passed against the ;nion of .ndia or a State or) as the case ma! e) the pu lic officer) such decree shall not e executed except in accordance with the provisions of su #section%-&>. %-& Execution shall not e issued on an! such decree unless it remains unsatisfied for the period of three months computed from the date of @B,>@such decree>. %/& 'he provisions of su #sections %$& and %-& shall appl! in relation to an order or award as the! appl! in relation to a decree) if the order or awardG %a& is passed or made against the ;nion of .ndia or a State or a pu lic officer in respect of an! such act as aforesaid) whether ! a Court or ! an! other authorit!; and % & is capa le of eing executed under the provisions of this code or of an! other law for the time eing in force as if it were a decree. Suits ! Alliens and ! or against Eoreign Rulers) Am assadors and Envo!s

8<. =!%' ($#%', &(6 ,.% Alien enemies residing in .ndia with the permission of the Central 2overnment) and alien friends) ma! sue in an! Court otherwise competent to tr! the suit) as if the! were citi4ens of .ndia) ut alien enemies residing in .ndia without such permission) or residing in a foreign countr!) shall not sue in an! such court. ExplanationGEver! person residing in a foreign countr!) the 2overnment of which is at war with .ndia and carr!ing on usiness in that countr! without a licence in that ehalf granted ! the Central 2overnment) shall) for the purpose of this section) e deemed to e an alien enem! residing in a foreign countr!. 87. =!%' fo"%#-' t(t% &(6 ,.%. A foreign State ma! sue in an! competent Court" (rovided that the o =ect of the suit is to enforce a private right vested in the Ruler of such State or in an! officer of such State in his pu lic capacit!. 85. P%",o', ,5%c#($$6 (55o#'t%) 46 0o1%"'&%'t to 5"o,%c.t% o" )%f%') o' 4%!($f of fo"%#-' R.$%", %$& 'he Central 2overnment ma!) at the re5uest of the Ruler of a foreign State or at the re5uest of an! person competent in the opinion of the Central 2overnment to act on ehalf of such Ruler) ! order) appoint an! persons to prosecute or defend an! suit on ehalf of such Ruler) and an! persons so appointed shall e deemed to e the recogni4ed agents ! whom appearances) acts and applications under this Code ma! e made or done on ehalf of such Ruler. %-& An appointment under this section ma! e made for the purpose of a specified suit or of several specified suits) or for the purpose of all such suits as it ma! from time to time e necessar! to prosecute or defend on ehalf of such Ruler. %/& A person appointed under this section ma! authorise or appoint an! other persons to ma:e appearances and applications and do acts in an! such suit or suits as if he were himself a part! thereto. 88. .#t, (-(#',t fo"%#-' R.$%",, A&4(,,()o", (') E'1o6 %$& 1o.AAAA@B*> foreign State ma! e sued in an! Court otherwise competent to tr! the suit except with consent of the Central 2overnment certified in writing ! a Secretar! to that 2overnment " (rovided that a person ma!) as a tenant of immova le propert!) sue without such consent as aforesaid @C+>@a foreign State> from whom he holds or claims to hold the propert!. %-& Such consent ma! e given with respect to a specified suit or to several specified suits or with respect to all suits of an! specified class or classes) and ma! specif!) in the case of an! suit or class of suits) the Court in which @C$>@the foreign State> ma! e sued) ut it shall to e given) unless it appears to the Central 2overnment that @C->@the foreign State>. %a& has instituted a suit in the Court against the person desiring to sue @C/>@it>) or % & @C8>@itself> or another) trades within the local limits of the =urisdiction of the Court) or %c& is in possession of immova le propert! situate within those limits and is to e sued with reference to such propert! or for mone! charged thereon) or %d& has expressl! or impliedl! waived the privilege accorded to @CB>@it> ! this section. @CC> @%/& Except with the consent of the Central 2overnment) certified in writing ! a Secretar! to that government) no decree shall e executed against the propert! of an! foreign State.> %8& 'he proceeding provisions of this section shall appl! in relation to G @C7> @%a& an! Ruler of a foreign State;>

@C,> @%aa&> an! am assador or Envo! of a foreign State ; % & an! High Commissioner of a Commonwealth countr!; and %c& an! such mem er of the staff @C*>@of the foreign State or the staff or retinue of the Am assador> or Envo! of a foreign State or of the High Commissioner of a Commonwealth countr! as the Central 2overnment ma!) ! general or special order) specif! in this ehalf. @7+>@as the! appl! in relation to a foreign State>. @7$>@%B& the following persons shall not e arrested under this Code) namel! " G %a& an! ruler of a foreign State; % & an! Am assador or Envo! of a foreign State; %c& an! High Commissioner of a Commonwealth countr!; %d& an! such mem er of the staff of the foreign State or the staff or retinue of the Ruler) Am assador or Envo! of a foreign State or of the High Commissioner of a Commonwealth countr!) as the Central 2overnment ma!) ! general or special order) specif! in this ehalf. %C& Where a re5uest is made to the Central 2overnment for the grant of an! consent referred to in su #section %$&) the Central 2overnment shall) efore refusing to accede to the re5uest in whole or in part) give to the person ma:ing the re5uest a reasona le opportunit! of eing heard.> 89. t6$% of fo"%#-' R.$%", (, 5("t#%, to ,.#t, 'he Ruler of a foreign State ma! sue) and shall e sued) in the name of his State" (rovided that in giving the consent referred to in section ,C) the Central 2overnment ma! direct that the Ruler ma! e sued in the name of an agent or in an! other name. 89A. D%f#'#t#o', of 2fo"%#-' t(t%2 (') 2R.$%"2 %$& .n this (art)G %a& 6foreign State6 means an! State outside .ndia which has een recognised ! the Central 2overnment; and % & 6Ruler6) in relation to a foreign State) means the person who is for the time eing recogni4ed ! the Central 2overnment to e the head of that State. %-& Ever! Court shall ta:e =udicial notice of the fact G %a& that a state has or has not een recogni4ed ! the Central 2overnment; % & that a person has or has not een recogni4ed ! the Central 2overnment to e the head of a State. Suits against Rulers of former .ndian States 89;. A55$#c(t#o', of ,%ct#o', 85 (') 88 to R.$%", of fo"&%" I')#(' t(t%,. %$& .n the case of an! suit ! or against the Ruler of an! former .ndian State which is ased wholl! or in part upon a cause of action which arose efore the commencement of the Constitution or an! proceedings arising out of such suit) the provisions of section ,B and su #sections %$& and %/& of section ,C shall appl! in relation to such Ruler as the! appl! in relation to the Ruler of a foreign State. %-& .n this sectionG %a& 6former .ndian State6 means an! such .ndian State as the Central 2overnment ma!) notification in the 3fficial 2a4ette) specif! for the purposes of this; !

% & 6commencement of the Constitution6 means the -Cth da! of Januar!) $*B+; and %c& 6Ruler6 in relation to a former .ndian State) has the same meaning as in article /C/ of the Constitution.R.nterpleader 88. =!%"% #'t%"5$%()%" ,.#t &(6 4% "%#',t#t.t%) Where two or more persons claim adversel! to one another the same de ts) sum of mone! or other propert!) mova le or immova le) from another person) who claims no interest therein other than for charges or costs and who is read! to pa! or deliver it to the rightful claimant such other person ma! institute a suit of interpleader against all the claimants for the purpose of o taining a decision as to the person to whom the pa!ment or deliver! shall e made and of o taining indemnit! for himself" (rovided that where an! suit is pending in which the rights of all parties can properl! e decided) no such suit of inter#pleader shall e instituted. PART V+ PECIAL PROCEEDIN0 A"4#t"(t#o' 89. @A"4#t"(t#o'.D R%5. 46 t!% A"4#t"(t#o' Act, 1970 (10 of 1970), ,. 79 (') c!. III Special case 90. Po>%" to ,t(t% c(,% fo" o5#'#o' of Co."t Where an! person agree in writing to state a case for the opinion of the Court) then the Court shall tr! and determine the same in the manner prescri ed. @9:D@(u lic nuisances and other wrongful acts affecting the pu lic> 91. P.4$#c '.#,('c%, (') ot!%" >"o'-f.$ (ct, (ff%ct#'- t!% 5.4$#c . @7/>@%$& in the case of a pu lic nuisance or other wrongful act affecting) or li:el! to affect) the pu lic) a suit for a declaration and in=unction or for such other relief as ma! e appropriate in the circumstances of the case) ma! e instituted)G %a& ! the Advocate 2eneral) or % & with the leave of the Court) ! two or more persons) even though no special damage has een caused to such persons ! reason of such pu lic nuisance or other wrongful act.> %-& 1othing in this section shall e deemed to limit or otherwise affect an! right of suit which ma! exist independentl! of its provisions. 9:. P.4$#c c!("#t#%, %$& .n the case of an! alleged reach of an! express or constructive trust created for pu lic purposes of a charita le or religious nature) or where the direction of the Court is deemed necessar! for the administration of an! such trust) the Advocate#2eneral) or two or more persons having an interest in the trust and having o tained the @78>@leave of the Court> ma! institute a suit) whether contentious or not) in the principal Civil Court of original =urisdiction or in an! other Court empowered in that ehalf ! the State 2overnment within the local limits of whose =urisdiction the whole or an! part of the su =ect#matter of the trust is situate to o tain a decreeG %a& removing an! trustee; % & appointing a new trustee; %c& vesting an! propert! in a trustee;

%cc& directing a trustee who has ee removed or a person who has ceased to e a trustee) to deliver possession of an! trust propert! in his possession to the person entitled to the possession of such propert!; %d& directing accounts and in5uires; %e& declaring what proportion of the trust propert! or of the interest therein shall e allocated to an! particular o =ect of the trust; %f& authori4ing the whole or an! part of the trust propert! to e let) sold) mortgaged or exchanged; %g& settling a scheme; or %h& granting such further or other relief as the nature of the case ma! re5uire. %-& Save as provided ! the Religious Endowments Act) $,C/ %-+ of $,C/& or ! an! corresponding law in force in the territories which) immediatel! efore the $st 1ovem er) $*BC) were comprised in (art D States) no suit claiming an! of the reliefs specified in su #section %$& shall e instituted in respect of an! such trust as is therein referred to except in conformit! with provisions of that su #section. @7B> @%/& 'he Court ma! alter the original purposes of an express or constructive trust created for pu lic purposes of a charita le or religious nature and allow the propert! or income of such trust or an! portion thereof to e applied c! press in one or more the following circumstances) namel!"G %a& where the original purposes of the trust) in whole or in part)G %i& have een) as far as ma! e) fulfilled; or %ii& cannot e carried out at all) or cannot e 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; % & where the original purposes of the trust provide a use for a part onl! of the propert! availa le ! virtue of the trust; or %c& where the propert! availa le ! virtue of the trust and other propert! applica le for similar purposes can e more effectivel! used in con=unction with) and to that end can suita l! e made applica le to an! other purpose) regard eing had to the spirit of the trust and its applica ilit! to common purposes; or %d& where the original purposes) in whole or in part) were laid down ! reference to an area which then was) ut has since ceased to e) a unit for such purposes; or %ii& ceased) as eing useless or harmful to the communit!) or %iii& ceased to e) in law) charita le) or %iv& ceased in an! other wa! to provide a suita le and effective method of using the propert! availa le ! virtue of the trust) regard eing had to the spirit of the trust.>

9<. E*%"c#,% of 5o>%", of A)1oc(t%+0%'%"($ o.t,#)% 5"%,#)%'c6+to>', 'he powers conferred ! sections *$ and *- on the Advocate#2eneral ma!) outside the presidenc!#towns) e) with the previous sanction of the State 2overnment) exercised also ! the Collector or ! such officer as the State 2overnment ma! appoint in this ehalf.

PART VI+ UPPLEMENTAL PROCEEDIN0 97. .55$%&%'t($ P"oc%%)#'-, .n order to prevent the ends of =ustice from eing) defeated the Court ma!) if it is to prescri ed)G %a& issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! he should not give securit! for his appearance) and if he fails to compl! with an! order for securit! commit him to the civil prison; % & direct the defendant to furnish securit! to produce an! propert! elonging to him and to place the same at the disposal of the Court or order the attachment of an! propert!; %c& grant a temporar! in=unction and in case of diso edience commit the person guilt! thereof to the civil prison and order that his propert! e attached and sold; %d& appoint a receiver of an! propert! and enforce the performance of his duties ! attaching and selling his propert!; %e& ma:e such other interlocutor! orders as ma! appear to the Court to e =ust and convenient. 95. Co&5%',(t#o' fo" o4t(#'#'- (""%,t, (tt(c!&%'t o" #'/.'ct#o' o' #',.ff#c#%'t -"o.'), Where) in an! suit in which an arrest or attachment has een effected or a temporar! in=unction granted under the last preceding section)G %a& it appears to the Court that such arrest) attachment or in=unction was applied for on insufficient grounds) or % & the suit of the plaintiff fails and it appears to the Court that there was no reasona le or pro a le grounds for instituting the same) the defendant ma! appl! to the Court) and the Court ma!) upon such application) award against the plaintiff ! its order such amount) not exceeding one thousand rupees) as it deems a reasona le compensation to the defendant for the @7C>@expense or in=ur! %including in=ur! to reputation& caused to him>; (rovided that a Court shall not award) under this section) an amount exceeding the limits of its peculiar =urisdiction. %-& An order determining an! such application shall ar an! suit for compensation in respect of such arrest) attachment or in=unction. PART VII+APPEAL A55%($, f"o& o"#-#'($ )%c"%%, 98. A55%($ f"o& o"#-#'($ )%c"%% %$& Save where otherwise expressl! provided in the od! of this Code or ! an! other law for the time eing in force) an appeal shall lie from ever! decree passed ! an! Court exercising original =urisdiction the Court authori4ed to hear appeals from the decisions of such Court. %-& An appeal ma! lie from an original decree passed ex parte. %/& 1o appeal shall lie from a decree passed ! the Court with the consent of parties. @77> @%8& 1o appeal shall lie) except on a 5uestion of law) from a decree in an! suit of the nature cognisa le ! Courts of Small Cause) when the amount or value of the su =ect#matter of the original suit does not exceed three thousand rupees.>

99. A55%($ f"o& f#'($ )%c"%% >!%"% 'o (55%($ f"o& 5"%$#&#'("6 )%c"%% Where an! part! aggrieved ! a preliminar! decree passed after the commencement of this Code does not appeal from such decree) he shall e precluded from dispating its correctness in an! appeal with ma! e preferred from the final decree. 98. D%c#,#o' >!%"% (55%($ !%(") 46 t>o o" &o"% 3.)-%, %$& Where an appeal is heard ! a Dench of two or more Judges) the appeal shall e decided in accordance with the opinion of such Judges or of the ma=orit! %if an!& of such Judges. %-& Where there is no such ma=orit! which concurs in a =udgment var!ing or reversing the decree appealed from) such decree shall e confirmed " (rovided that where the Dench hearing the appeal is @7,>@composed of two or other even num er of Judges elonging to a Court consisting of more Judges than those constituting the Dench> and the Judges composing the Dench differ in opinion on a point of law) the! ma! state the point of law upon which the! differ and the appeal shall then e heard upon that point onl! ! one or more of the other Judges) and such point shall e decided according to the opinion of the ma=orit! %if an!& of the Judges who have heard the appeal including those who first heard it. %/& 1othing in this section shall e deemed to alter or otherwise affect an! provision of the letters patent of an! High Court. 99. No )%c"%% to 4% "%1%",%) o" &o)#f#%) fo" %""o" o" #""%-.$("#t6 'ot (ff%ct#'- &%"#t, o" /."#,)#ct#o' 1o decree shall e reversed or su stantiall! varied) nor shall an! case e remanded in appeal on account of an! mis#=oinder @7*>@or non#=oinder> of parties or causes of action or an! error) defect or irregularit! in an! proceedings in the suit) not affecting the merits of the case or the =urisdiction of the Court. (rovided that nothing in this section shall appl! to non#=oinder of a necessar! part!. 99A. No o")%" .')%" ,%ct#o' 79 to 4% "%f.,%) o" &o)#f#%) .'$%,, )%c#,#o' of t!% c(,% #, 5"%/.)#c#($$6 (ff%ct%) Without pre=udice to the generalit! of the provisions of section **) no order under section 87 shall e reversed or su stantiall! varied) on account of an! error) defect or irregularit! in an! proceeding relating to such order) unless such error) defect or irregularit! has pre=udiciall! affected the decision of the case.K A55%($, f"o& (55%$$(t% )%c"%%, @100. %co') (55%($ %$& Save as otherwise expressl! provided in the od! of this Code or ! an! other law for the time eing in force) an appeal shall lie to the High Court from ever! decree passed in appeal ! an! Court su ordinate to the High Court) if the High Court is satisfied that the case involves a su stantial 5uestion of law. %-& An appeal ma! lie under this section from an appellate decree passed ex parte. %/& .n an appeal under this section) the memorandum of appeal shall precisel! state the su stantial 5uestion of law involved in the appeal. %8& Where the High Court is satisfied that a su stantial 5uestion of law is involved in an! case) it shall formulate that 5uestion. %B& 'he appeal shall e heard on the 5uestion so formulated and the respondent shall) at the hearing of the appeal) e allowed to argue that the case does not involve such 5uestion "

(rovided that nothing in this su #section shall e deemed to ta:e awa! or a ridge the power of the Court to hear) for reasons to e recorded) the appeal on an! other su stantial 5uestion of law) not formulated ! it) if it is satisfied that the case involves such 5uestion. 100A. No f."t!%" (55%($ #' c%"t(#' c(,%, 1otwithstanding an!thing contained in an! <etters (atent for an! High Court or in an! other instrument having the force of law or in an! other law for the time eing in force) where an! appeal from an appellate decree or order is heard and decided ! a single Judge of a High Court) no further appeal shall lie from the =udgment) decision or order or such single Judge in such appeal or from an! decree passed in such appeal.> 101. %co') (55%($ o' 'o ot!%" -"o.'), 1o second appeal shall lie except on the ground mentioned in section $++. 10:. No ,%co') (55%($ #' c%"t(#' ,.#t, 1o second appeal shall lie in an! suit of the nature cogni4a le ! Courts of Small Causes) when the amount or value of the su =ect#matter of the original suit does not exceed @,8>@three thousand rupees>. 10<. Po>%" of H#-! Co."t to )%t%"&#'% #,,.%, of f(ct .n an! second appeal) the High Court ma!) if the evidence on the record is sufficient) determine an! issue necessar! for the disposal of the appeal)G %a& which has not een determined ! the lower Appellate Court or oth ! the Court of first instance and the lower Appellate Court) or % & which has een wrongl! determined ! such Court or Courts reason of a decision on such 5uestion of law as is referred to in section $++.> Appeals from orders 107. O")%", f"o& >!#c! (55%($ $#%, %$& An appeal shall lie from the following orders) and save as otherwise expressl! provided in the od! of this Code or ! an! law for the time eing in force) from no other orders"G @Clauses %a& to %f& omitted> %ff& an order under section /BA; @,C> @%ffa& an order under section *$ or section *- refusing leave to institute a suit of the nature referred to in section *$ or section *-) as the case ma! e;> %g& an order under section *B; %h& an order under an! of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of an person except where such arrest or detention is in execution of a decree; %i& an! order made under rules from which an appeal is expressl! allowed ! rules; (rovided that not appeal shall lie against an! order specified in clause %ff& save on the ground that no order) or an order for the pa!ment of a less amount) ought to have een made. %-& 1o appeal shall lie from an! order passed in appeal under this section. 105. Ot!%" o")%", %$& Save as otherwise expressl! provided) no appeal shall lie from an! order made ! a Court in the exercise of its original or appellate =urisdiction; ut) where a decree is appealed from) an! error) defect or irregularit! in an! order) affecting the decision of the case) ma! e set forth as ground of o =ection in the memorandum of appeal.

%-& 1otwithstanding an!thing contained in su #section %$&) where an! part! aggrieved ! an order of remand @,7>AAAAA from which an appeal lies does not appeal therefrom) he shall thereafter e precluded from disputing its correctness. 108. =!(t Co."t, to !%(" (55%($, Where an appeal from an! order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made) or where such order is made ! a Court %not eing a High Court& in the exercise of appellate =urisdiction) then to the High Court. 0%'%"($ 5"o1#,#o', "%$(t#'- to (55%($, 109. Po>%", of A55%$$(t% Co."t %$& Su =ect to such conditions and limitations as ma! e prescri ed) an Appellate Court shall have powerG %a& to determine a case finall!; % & to remand a case; %c& to frame issues and refer them for trial; %d& to ta:e additional evidence or to re5uire such evidence to e ta:en. %-& Su =ect as aforesaid) the Appellate Court shall have the same powers and shall perform as nearl! as ma! e the same duties as are conferred and imposed ! this Code on Courts of original =urisdiction in respect of suits instituted therein. 108. P"oc%)."% #' (55%($, f"o& (55%$$(t% )%c"%%, (') o")%", 'he provisions of this (art relating to appeals from original decree shall) so far as ma! e) appl! to appealsG %a& from appellate decrees) and % & from orders made under this Code or under an! special or local law in which a different procedure is not provided. Appeals to the Supreme Court 109. =!%' (55%($, $#% to t!% .5"%&% Co."t Su =ect to the provisions in Chapter .9 of (art 9 of the Constitution and such rules as ma!) from time to time) e made ! the Supreme Court regarding appeals from the Courts of .ndia) and to the provisions hereinafter contained) an appeal shall lie to the Supreme Court from an! =udgment) decree or final order in a civil proceeding of a High Court) if the High Court certifiesG %i& that the case involves a su stantial 5uestion of law of general importance; and %ii& that in the opinion of the High Court the said 5uestion needs to e decided ! the Supreme Court. 110. @V($.% of ,.4/%ct &(tt%",D R%5. 46 t!% Co)% of C#1#$ P"oc%)."% (A&%')&%'t) Act, 199< (79 of 199<). 111. @;(" of c%"t(#' (55%($,D R%5. 46 t!% A.O. 1950. 111A. @A55%($, to F%)%"($ Co."tD R%5. 46 t!% F%)%"($ Co."t Act, 1971 (:1 of 1971). 11:. (1#'-,%$& 1othing contained in this Code shall e deemedG %a& to affect the powers of the Supreme Court under article $/C or an! other provision of the Constitution) or

% & to interfere with an! rules made ! the Supreme Court) and for the time eing in force) for the presentation of appeals to that Court) or their conduct efore that Court. %-& 1othing herein contained applies to an! matter of criminal or admiralt! or vice#admiralt! =urisdiction or to appeals from orders and decrees of (ri4e Courts. PART VIII+REFERENCE, REVIE= AND REVI ION 11<. R%f%"%'c% to H#-! Co."t Su =ect to such conditions and limitations as ma! e prescri ed) an! Court ma! state a case and refer the same for the opinion of the High Court) and the High Court ma! ma:e such order thereon as it thin:s fit " (rovided that where the Court is satisfied that a case pending efore it involves a 5uestion as to the validit! of an! Act) 3rdinance or Regulation or of an! provision contained in an Act) 3rdinance or Regulation) the determination of which is necessar! for the disposal of the case) and is of opinion that such Act) 3rdinance) Regulation or provision is invalid or inoperative) ut has not een so declared ! the High Court to which that Court is su ordinate or ! the Supreme Court) the Court shall state a case setting out its opinion and the reasons therefor) and refer the same for the opinion of the High Court. Explanation.G.n this section 6Regulation6 means an! Regulation of the Dengal) Dom a! or Fadras Code or Regulation as defined in the 2eneral Clauses Act) $,*7) %$+ of $,*7& or in the 2eneral Clauses Act of a State. 117. R%1#%> Su =ect as aforesaid) an! person considering himself aggrievedG %a& ! a decree or order from which an appeal is allowed ! this Code) ut from which no appeal has een preferred) % & ! a decree or order from which no appeal is allowed ! this Court) or %c& ! a decision on a reference from a Court of Small Causes) ma! appl! for a review of =udgment to the Court which passed the decree or made the order) and the Court ma! ma:e such order thereon as it thin:s fit. 115. R%1#,#o' @,,>@%$&> 'he High Court ma! call for the record of an case which has een decided ! an! Court su ordinate to such High Court and in which no appeal lies thereto) and if such su ordinate Court appearsG %a& to have exercised a =urisdiction not vested in it ! law) or % & to have failed to exercise a =urisdiction so vested) or %c& to have acted in the exercise of its =urisdiction illegall! or with material irregularit!) the High Court ma! ma:e such order in the case as it thin:s fit " @,*> @(rovided that the High Court shall no) under this section) var! or reverse an! order made) or an! order deciding an issue) in the course of a suit or other proceeding) except whereG %a& the order) if it had een made in favour of the part! appl!ing for revision) would have finall! disposed of the suit or other proceedings) or % & the order) if allowed to stand) would occasion a failure of =ustice or cause irrepara le in=ur! to the part! against whom it was made.> @*+> @%-& 'he High Court shall not) under this section) var! or reverse an! decree or order against which an appeal lies either to the High Court or to an! Court su ordinate thereto.

Explanation.G.n this section) the expression 6an! case which has een decided6 includes an! order made) or an! order deciding an issue in the course of a suit or other proceeding.> 115A. D#,t"#ct Co."tF, 5o>%", of "%1#,#o' %$& A ?istrict Court ma! exercise all or an! of the power which ma! e exercised ! the High Court under section $$B. %-& Where an! proceedings ! wa! of revision is commenced efore a ?istrict Court in pursuance of the provision of su #section %$&) the provisions of section $$B shall) so for as ma! e) appl! to such proceeding and references to the said section C+ the High Court shall e construed as reference to the ?istrict Court. %/& Where an! proceeding for revision is commenced efore the ?istrict Court) the decision of the ?istrict Court on such proceeding shall e final and no further proceeding ! wa! of revision shall e entertained ! the High Court or an! other Court. %8& .f an! application for revision has een made ! an! part! either to the High Court under section $$B or to the ?istrict Court under this section) no further application ! the same part! shall e entertained ! the other of them. %B& A Court of an Additional Judge shall have and ma! exercise all the powers of a ?istrict Court under this section in respect of an! proceeding which ma! e transferred to it ! or under an! general or special order of the ?istrict Court6 @West Dengal Act 1o. $B of $*,,>. PART IB+ PECIAL PROVI ION RELATIN0 TO THE HI0H COURT NOT ;EIN0 THE COURT OF A 3UDICIAL COMMI IONER 118. P("t to (55$6 o'$6 to c%"t(#' H#-! Co."t, 'his (art applies onl! to High Courts not eing the Court of a Judicial Commissioner. 119. A55$#c(t#o' of Co)% to H#-! Co."t. Save as provided in this (art or in (art H or in rules) the provisions of this Court shall appl! to such High Courts. 118. E*%c.t#o' of )%c"%% 4%fo"% (,c%"t(#'&%'t of co,t, Where an! such High Court considers it necessar! that a decree passed in the exercise of its original civil =urisdiction should e executed efore the amount of the costs incurred in the suit can e ascertained ! taxation) the Court ma! order that the decree shall e executed forthwith except as to so much thereof as relates to the costs; and) as to so much thereof as relates to the costs) that the decree ma! e executed as soon as the amount of the costs shall e ascertained ! taxation. 119. U'(.t!o"#E%) 5%",o', 'ot to ())"%,, Co."t 1othing in this Code shall e deemed to authori4e an! person on ehalf of another to address the Court in the exercise of its original civil =urisdiction) or to examine witnesses) except where the Court shall have in the exercise of the power conferred ! its charter authori4ed him so to do) or to interfere with the power of the High Court to ma:e rules concerning advocates) va:ils and attorne!s. 1:0. P"o1#,#o', 'ot (55$#c(4$% to H#-! Co."t #' o"#-#'($ c#1#$ /."#,)#ct#o' %$& 'he following provisions shall not appl! to the High Court in the exercise of its original civil =urisdiction) namel!) sections $C) $7 and -+.

PART B+RULE

1:1. Eff%ct of ".$%, #' F#",t c!%).$% 'he rules in a Eirst Schedule shall have effect as if enacted in the od! of this Code until annulted or altered in accordance with the provisions of this (art. 1::. Po>%" of c%"t(#' H#-! Co."t, to &(A% ".$% High Courts not eing the Court of a Judicial Commissioner ma!) from time to time after previous pu lication) ma:e rules regulating their own procedure and the procedure of the Civil Courts su =ects to their superintendence) and ma! e such rules annul) alter or add to all or an! of the rules in the Eirst Schedule. 1:<. Co',t#t.t#o' of R.$% Co&&#tt%%, #' c%"t(#' t(t%, %$& A committee to e called the Rule Committee) shall e constituted at the town which is the usual place of sitting of each of the High Courts referred to in section $--. %-& Each such Committee shall consist of the following persons) namel!G %a& three Judges of the High Court esta lished at the town at which such Committee is constituted) one of whom at least has served as a ?istrict Judge or a ?ivisional Judge for three !ears) % & two legal practitioners enrolled in that Court %c& a Judge of a Civil Court su ordinate to the High Court@*$>AAAAA @*->AAA %/& 'he mem ers of each such Committee shall e appointed ! the @*/>@High Court>) which shall also nominate one of their num er to e (resident " @*8>AAA %8& Each mem er of an! such Committee shall hold office for such period as ma! e prescri ed ! the @*B>@High Court> in this ehalf; and whenever an! mem er retires) resigns) dies or ceases to reside in the State in which the Committee was constituted or ecomes incapa le of acting as a mem er of the Committee) the said @*C>@High Court> ma! appoint another person to e a mem er in his stead. %B& 'here shall e a secretar! to each such Committee who shall e appointed ! the @*7>@High Court> and shall receiver such remuneration as ma! e provided in this ehalf ! the State 2overnment. 1:7. Co&&#tt%% to "%5o"t to H#-! Co."t. Ever! Rule Committee shall ma:e a report to the High Court esta lished at the town at which it is constituted on an! proposal to annul) alter or add to the rules in the Eirst Schedule or to ma:e new rules) and efore ma:ing an! rules under section $-- the High Court shall ta:e such report into consideration. 1:5. Po>%" of ot!%" H#-! Co."t, to &(A% ".$%, High Courts) other than the Courts specified in section $--) ma! exercise the powers conferred ! that section in such manner and su =ect to such conditions as the State government ma! determine" (rovided that an! such High Court ma!) after previous pu lication) ma:e a rule extending within the local limits of its =urisdiction an! rules which have een made ! an! other High Court. 1:8. R.$%, to 4% ,.4/%ct to (55"o1($ Rules made under the foregoing provisions shall e su =ect to the previous approval of the 2overnment of the State in which the Court whose procedure the

rules regulate is situate or) if that Court is not situate in an! State) to the previous approval of Central 2overnment. 1:9. P.4$#c(t#o' of ".$%, Rules so made and approved shall e pu lished in the 3fficial 2a4ette and shall from the date of pu lication or from such other date as ma! e specified have the same force and effect) within the local limits of the =urisdiction of the High Court which made them) as if the! had een contained in the Eirst Schedule. 1:8. M(tt%", fo" >!#c! ".$%, &(6 5"o1#)% %$& Such rules shall e not inconsistent with the provisions in the od! of this Code) ut) su =ect thereto) ma! provide for an! matters relating to the procedure of Civil Courts. %-& .n particular) and without pre=udice to the generalit! of the powers conferred ! su #section %$&) such rules ma! provide for all or an! of the following matters) namel! "G %a& the service of summons) notices and other processes ! post or in an! other manner either generall! or in an! specified areas) and the proof of such service; % & the maintenance and custod!) while under attachment) of live#stoc: and other mova le propert!) the fees pa!a le for such maintenance and custod!) the sale of such live#stoc: and propert! and the proceeds of such sale; %c& procedure in suits ! wa! of counterclaim and the valuation of such suits for the purposes of =urisdiction; %d& procedure in garnishee and charging order either in addition to) or in su stitution for) the attachment and sale of de ts; %e& procedure where the defendant claims to e entitled to contri ution or indemnit! over against an! person whether a part! tot he suit or not; %f& summar! procedureG %i& in suits in which the plaintiff see:s onl! to recover a de t or li5uidated demand in mone! pa!a le ! the defendant) with or without interest) arisingG on a contract express or implied; or on an enactment where the sum sought to e recovered is a fixed sum of mone! or in the nature of a de t other than a penalt!; or on a guarantee) where the claim against the principal is in respect of a de t or a li5uidated demand onl!; or on trust; or %ii& in suits for the recover! of immova le propert!) with or without claim for rent or mesne profits) ! a landlord against a tenant whose term has expired or has een dul! determined ! notice to 5uit) or has ecome lia le to forfeiture for non# pa!ment of rent) or against persons claiming under such tenant; %g& procedure ! wa! of originating summons; %h& consolidation of suits) appeals and other proceedings; %i& delegation to an! Registrar) (rothonotar! or Faster or other official of the Court of an! =udicial) 5uasi#=udicial and non#=udicial duties; and

%=& all forms) registers) oo:s) entries and accounts which ma! e necessar! or desira le for the transaction of the usiness of Civil Courts. 1:9. Po>%" of H#-! Co."t to &(A% ".$%, (, to t!%#" o"#-#'($ C#1#$ P"oc%)."% 1otwithstanding an!thing in this Code) an! High Court not eing the Court of a Judicial Commissioner ma! ma:e such rules not inconsistent with the <etters (atent or order or other law esta lishing it to regulate its own procedure in the exercise of its original civil =urisdiction as it shall thin: fit) and nothing herein contained shall affect the validit! of an! such rules in force at the commencement of this Code. 1<0. Po>%", of ot!%" H#-! Co."t to &(A% ".$%, (, to &(tt%", ot!%" t!(' 5"oc%)."% A High Court not eing a High Court to which section $-* applies ma!) with the previous approval of the State 2overnment ma:e with respect to an! matter other than procedure an! rule which a High Court for a State might under article --7 of the Constitution ma:e with respect to an! such matter for an! part of the territories under its =urisdiction which is not included within the limits of a presidenc! town. 1<1. P.4$#c(t#o' of ".$%, Rules made in accordance with section $-* or section $/+ shall e pu lished in the 3fficial 2a4ette and shall from the date of pu lication or from such other date as ma! e specified have the force of law. PART BI+MI CELLANEOU 1<:. E*%&5t#o' of c%"t(#' >o&%' f"o& 5%",o'($ (55%("('c% %$&Women who) according to the customs and manners of the countr!) ought not to e compelled to appear in pu lic shall e exempt from personal appearance in Court. %-& 1othing herein contained shall e deemed to exempt such women from arrest in execution of civil process in an! case in which the arrest of women is not prohi ited ! this Code. 1<<. E*%&5t#o' of ot!%" 5%",o', %$&'he following persons shall e entitled to exemption from personal appearance in Court) namel!G %i& the (resident of .ndia; %ii& the 9ice#(resident of .ndia; %iii& the Spea:er of the House of the (eople; %iv& the Finisters of the ;nion; %v& the Judges of the Supreme Court; %vi& the 2overnors of States and the administrators of ;nion 'erritories; %vii& the Spea:ers of the State <egislative Assem lies; %viii& the Chairman of the State <egislative Councils; %ix& the Finisters of States; %x& the Judges of the High Courts; and %xi& the persons to whom section ,7D applies. @*,>AAA

%/& Where an! person claims the privilege of such exemption) and it is conse5uentl! necessar! to examine him ! commission) he shall pa! the costs of that commission) unless the part! re5uiring his evidence pa!s such costs. 1<7. A""%,t ot!%" t!(' #' %*%c.t#o' of )%c"%% 'he provisions of sections BB) B7 and B* shall appl!) so far as ma! e) to all persons arrested under this Code. 1<5. E*%&5t#o' f"o& (""%,t .')%" c#1#$ 5"oc%,, %$& 1o Judge) Fagistrate or other =udicial officer shall e lia le to arrest under civil process while going to) presiding in) or returning from his Court. %-& Where an! matter is pending efore a tri unal having =urisdiction therein) or elieving in good faith that it has such =urisdiction) the parties thereto) their pleader) mu:htars) revenue#agents and recogni4ed agents) and their witnesses acting in o edience to a summons) shall e exempt from arrest under civil process other than process issued ! such tri unal for contempt of Court while going to or attending such tri unal for the purpose of such matter) and while returning from such tri unal. %/& 1othing in su #section %-& shall ena le a =udgment#de tor to claim exemption from arrest under an order for immediate execution or where such =udgment#de tor attends to show cause wh! he should not e committed to person in execution of a decree. 1<5A. E*%&5t#o' of &%&4%", of $%-#,$(t#1% 4o)#%, f"o& (""%,t (') )%t%'t#o' .')%" c#1#$ 5"oc%,, @**>@%$& 1o person shall e lia le to arrest or detention in prison under civil process %a& if he is a mem er of %i& either House of (arliament) or %ii& the legislative Assem l! or <egislative Council of a State) or %iii& a <egislative Assem l! of a ;nion territor!) during the continuance of an! meeting of such House of (arliament or) as the case ma! e) of the <egislative Assem l! or the <egislative Council; % & if he is a mem er of an! committee of %i& either House of (arliament) or %ii& the <egislative Assem l! of a State or ;nion territor!) or %iii& the <egislative council of a State) during the continuance of an! meeting of such committee; %c& if he is a mem er ofG %i& either House of (arliament) or %ii& a <egislative Assem l! or <egislative Council of a State having oth such Houses) during the continuance of a =oint sitting) meeting) conference or =oint committee of the Houses of (arliament or Houses of the State <egislature) as the case ma! e) and during the fort! da!s efore and after such meeting) sitting or conference.>

%-& A person released from detention under su #section %$&) shall) su =ect the provisions) of the said su #section) e lia le to re#arrest and to the further detention to which he would have een lia le if he had not een released under the provisions of su #section %$&. 1<8. P"oc%)."% >!%"% 5%",o' to 4% (""%,t%) o" 5"o5%"t6 to 4% (tt(c!%) #, o.t,#)% )#,t"#ct %$& Where an application is made that an! person shall e arrested or that an! propert! shall e attached under an! provision of this Code not relating to the execution of decrees) and such person resides or such propert! is situate outside the local limits of the =urisdiction of the Court to which the application is made) the Court ma!) in its discretion) issue a warrant of arrest or ma:e an order of attachment) and send to the ?istrict Court within the local limits of whose =urisdiction such person or propert! reside or is situate a cop! of the warrant or order) together with the pro a le amount of the costs of the arrest or attachment. %-& 'he ?istrict Court shall) on receipt of such cop! and amount) cause the arrest or attachment to e made ! its own officers) or ! a Court su ordinate to itself) and shall inform the Court which issued or made such warrant or order of the arrest or attachment. %/& 'he Court ma:ing an arrest under this section shall send the person arrested to the Court ! which the warrant of arrest was issued) unless he shows cause to the satisfaction of the former Court wh! he should not e sent to the later Court) or unless he furnishes sufficient securit! for his appearance efore the later Court or for satisf!ing an! decree that ma! e passed against him ! that Court) in either of which cases the Court ma:ing the arrest shall release him. %8& Where a person to e arrested or mova le propert! to e attached under this section is within th local limits of the ordinar! original civil =urisdiction of the High Court of Judicature at Eort William in Dengal or at Fadras or at Dom a!) the cop! of the warrant of arrest or of the order of attachment) and the pro a le amount of the costs of the arrest or attachment) shall e sent to the Court of Small Causes of Calcutta) Fadras or Dom a! as the case ma! e) and that Court) on receipt of the cop! and amount) shall proceed as if it were the ?istrict Court. 1<9. L('-.(-% of ,.4o")#'(t% Co."t, %$& 'he language which) on the commencement of this Code) is the language of an! Court su ordinate to a High Court shall continue to e the language of such su ordinate Court until the State 2overnment otherwise directs. %-& 'he State 2overnment ma! declare what shall e the language of an! such Court and in what character applications to and proceedings in such Court shall e written. %/& Where this Court re5uires or allows an!thing other than the recording of evidence to e done in writing in an! such Court) such writing ma! e in English; ut if an! part! or his pleader is unac5uainted with English a tanslation into the language of the Court shall) at his re5uest) e supplied to him; and the Court shall ma:e such order as it thin:s fit in respect of the pa!ment of the costs of such translation. 1<8. Po>%" of H#-! Co."t to "%H.#"% %1#)%'c% to 4% "%co")%) #' E'-$#,! %$& 'he High Court ma!) ! notification in the 3fficial 2a4ette) direct with respect to an! Judge specified in the notification) or falling under a description set forth therein) that evidence in cases in which an appeal is allowed shall e ta:en down ! him in the English language and in manner prescri ed. %-& Where a Judge is prevented ! an! sufficient reason from compl!ing with a direction under su #section %$&) he shall record the reason and cause the evidence to e ta:en down in writing from his dictation in open Court. 1<9. O(t! o' (ff#)(1#t 46 >!o& to 4% ()&#'#,t%"%) .n the case of an! affidavit under this Code

%a& an! Court or Fagistrate) or @$++> @%aa& an! notar! appointed under the 1otaries Act) $*B- %B/ of $*B-&; or> % & an! officer or other person whom a High Court ma! appoint in this ehalf) or %c& an! officer appointed ! an! other Court which the State 2overnment has generall! or speciall! empowered in this ehalf) ma! administer the oath to the deponent. 170. A,,%,,o", #' c(.,%, of ,($1(-% %tc. %$& .n an! admiralt! or vice#admiralt! cause of salvage) towage or collision) the Court) whether it e exercising its original or its appellate =urisdiction ma!) if it thin:s fit) and shall upon re5uest of either part! to such cause) summon to its assistance) in such manner as it ma! direct or as ma! e prescri ed ) two competent assessors; and such assessors shall attend and assist accordingl!. %-& Ever! such assessor shall receive such fees for his attendance) to e paid ! such of the parties as the Court ma! direct or as ma! e prescri ed. 171. M#,c%$$('%o., 5"oc%%)#'-, 'he procedure provided in this Code in regard to suit shall e followed) as far as it can e made applica le) in all proceedings in an! Court of civil =urisdiction. @$+$>@Explanation.G.n this section) the expression 6proceedings6 includes proceedings under 3rder .H) ut does not include an! proceeding under article --C of the Constitution.> 17:. O")%", (') 'ot#c%, to 4% #' >"#t#'- All orders and notices served on or given to an! person under the provisions of this Code shall e in writing. 17<. Po,t(-% 5ostage) where chargea le on a notice) summons or letter issued under this Code and forwarded ! post) and the fee for registering the same) shall e paid within a time to e fixed efore the communications made " (rovided that the State 2overnment ma! remit such postage) or fee) or oth) or ma! prescri e a scale of court#fees to e levied in lieu thereof. 177. A55$#c(t#o' fo" "%,t#t.t#o' %$& Where and in so far as a decree or an order is @$+->@varied or reversed in an! appeal) revision or other proceedings or is set aside or modified in an! suit instituted for the purpose the Court which passed the decree or order> shall) on the application of an! part! entitled to an! enefit ! wa! of restitution or otherwise) cause such restitution to e made as will) so far as ma! e) place the parties in the position which the! would have occupied ut for such decree or order or @$+/>@such part thereof as has een varied) reversed) set aside or modified>) and) for this purpose) the Court ma! ma:e an! orders) including orders for the refund of costs and for the pa!ment of interest) damages) compensation and mesne profits) which are properl! @$+8>@conse5uential on such variation) reversal) setting aside or modification of the decree or order.> @$+B> @Explanation.GEor the purposes of su #section %$& the expression 6Court which passed the decree or order6 shall e deemed to include)G %a& where the decree or order has een varied or reversed in exercise of appellate or revisional =urisdiction) the Court of first instance; % & where the decree or order has een set aside ! a separate suit) the Court of first instance which passed such decree or order;

%c& where the Court of first instance has ceased to exist or has ceased to have =urisdiction to execute) it) the Court which) if the suit wherein the decree or order was passed were instituted at the time of ma:ing the application for restitution under this section) would have =urisdiction to tr! such suit.> %-& 1o suit shall e instituted for the purpose of o taining an! restitution or other relief which could e o tained ! application under su #section %$&. 175. E'fo"c%&%'t of $#(4#$#t6 of ,."%t6G =!%"% ('6 5%",o' @108D@!(, f."'#,!%) ,%c."#t6 o" -#1%' ( -.("('t%%D %a& for the performance of an! decree or an! part thereof) or % & for the restitution of an! propert! ta:en in execution of a decree) or %c& for the pa!ment of an! mone!) or for the fulfilment of an! condition imposed on an! person) under an order of the Court in an! suit or in an! proceeding conse5uent thereon) @$+7>@the decree or order ma! e executed in the manner therein provided for the execution of decree) namel! "G %i& if he has rendered himself personall! lia le) against him to that extent; %ii& if he has furnished an! propert! as securit!) ! sale of such propert! to the extent of the securit!; %iii& if the case falls oth under clauses %i& and %ii& then to the extent specified in those clauses) and such person shall) e deemed to e a part! within the meaning of section 87 "> (rovided that such notice as the Court in each case thin:s sufficient has een given to the suret!. 178. P"oc%%)#'-, 46 o" (-(#',t "%5"%,%'t(t#1%, Save as otherwise provided ! this Code or ! an! law for the time eing in force) where an! proceeding ma! e ta:en or application made ! or against an! person then the proceeding ma! e ta:en or the application ma! e made ! or against an! person claiming under him. 179. Co',%'t o" (-"%%&%'t 46 5%",o', .')%" )#,(4#$#t6 .n all suits to which an! person under disa ilit! is a part!) an! consent or agreement) as to an! proceeding shall) if given or made with the express leave of the Court ! the next friend or guardian for the suit) have the same force and effect as if such person) were under no disa ilit! and had given such consent or made such agreement. 178. E'$("-%&%'t of t#&% Where an! period is fixed or granted ! the Court for the doing of an! act prescri ed or allowed ! this Code) the Court ma!) in its discretion) from time to time) enlarge such period) even though the period originall! fixed or granted ma! gave expired. @108D@178A. R#-!t to $o)-% ( c(1%(t %$& Where an application is expected to e made) or has een made) in a suit or proceedings instituted) or a out to e instituted) in a Court) an! person claiming a right to appear efore the Court on the hearing of such application ma! lodge a caveat in respect thereof. %-& Where a caveat has een lodged under su #section %$&) the person ! whom the caveat has een lodged %hereinafter referred to as the caveator& shall serve a notice of the caveat ! registered post) ac:nowledgement due) on the person ! whom the application has een or is expected to e) made) under su #section %$&.

%/& Where) after a caveat has een lodged under su #section %$&) an! application is filed in an! suit or proceeding) the Court) shall serve a notice of the application on the caveator. %8& Where a notice of an! caveat has een served on the applicant) he shall forthwith furnish the caveator at the caveatorLs expense) with a cop! of the application made ! him and also with copies of an! paper or document which has een) or ma! e) filed ! him in support of the application. %B& Where a caveat has een lodged under su #section %$&) such caveat shall not reman in force after the expir! of ninet! da!s from the date on which it was lodged unless the application referred to in su #section %$& has een made efore the expir! of the said period.> 179. Po>%" to &(A% .5 )%f#c#%'c6 of co."t+f%%, Where the whole or an! part of an! fee prescri ed for an! document ! the law for the time eing in force relating to court#fees has not een paid) the Court ma!) in its discretion) at an! stage) allow the person) ! whom such fee is pa!a le) to pa! the whole or part) as the case ma! e) of such court#fee; and upon such pa!ment the document) in respect of which such fee is pa!a le) shall have the same force and effect as if such fee had een paid in the first instance. 150. T"(',f%" of 4.,#'%,, Save as otherwise provide) where the usiness of an! Court is transferred to an! other Court) the Court to which the usiness is so transferred shall have the same powers and shall perform the same duties as those respectivel! conferred and imposed ! or under this Code upon the Court from which the usiness was so transferred. 151. (1#'- of #'!%"%'t 5o>%", of Co."t 1othing in this Code shall e deemed to limit or otherwise affect the inherent power of the Court to ma:e such orders as ma! e necessar! for the ends of =ustice or to prevent a use of the process of the Court. 15:. A&%')&%'t of /.)-&%'t,, )%c"%%, o" o")%", Clerical or arithmetical mista:es in =udgments) decrees or orders or errors arising therein from an! accidental slip or omission ma! at an! time e corrected ! the Court either of its own motion or on the application of an! of the parties. 15<. 0%'%"($ 5o>%" to (&%') 'he Court ma! at an! time and on such terms as to costs or otherwise as it ma! thin: fit) amend an! defect or error in an! proceeding in a suit) and all necessar! amendments shall e made of the purpose of determining the real 5uestion or issue raised ! or depending on such proceeding. @109D@15<A. Po>%" to (&%') )%c"%% o" o")%" >!%"% (55%($ #, ,.&&("#$6 )#,&#,,%). Where an Appellate Court dismisses an appeal under rule $$ of 3rder H<.) the power of the Court to amend) under section $B-) the decree or order appealed against ma! e exercised ! the Court which had passed the decree or order in the first instance) notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order) as the case ma! e) passed ! the Court of first instance. 15<;. P$(c% of t"#($ to 4% )%%&%) to 4% o5%' Co."t 'he place in which an! Civil Court is held for the purpose of tr!ing an! suit shall e deemed to e an open Court) to which the pu lic generall! ma! have access so far as the same can convenientl! contain them " (rovided that the presiding Judge ma!) if he thin:s fit) order at an! stage of an! in5uir! into or trial of an! particular case) that the pu lic generall! or an! particular person) shall not have access to) or e or remain in) the room or uilding used ! Court.> 157. @ (1#'- of 5"%,%'t "#-!t of (55%($DG R%5. 46 t!% R%5%($#'- (') A&%')#'- Act, 195: (78 of 195:), ,. : (') c!. I.

155. @A&%')&%'t of c%"t(#' Act,DG R%5. 46 t!% R%5%($#'- (') A&%')#'- Act, 195: (78 of 195:), ,. : (') c!. I. 158. @R%5%($,DG R%5. 46 t!% %co') R%5%($#'- (') A&%')#'- Act, 1917 (19 of 1917), ,. < (') c!. II. 159. Co't#'.('c% of o")%", .')%" "%5%($%) %'(ct&%'t, . 1otifications pu lished) declarations and rules made) places appointed) agreements filed) scales prescri ed) forms framed) appointments made and powers conferred under Act , of $,B* or under an! Code of Civil (rocedure or an! Act amending the same or under an! other enactment here ! repealed shall) so far as the! are consistent with this Code) have the same force and effect is if the! had een respectivel! pu lished) made) appointed) filed) prescri ed) framed and conferred under this Code and ! the authorit! empowered there ! in such ehalf. 158. R%f%"%'c% to Co)% of C#1#$ P"oc%)."% (') ot!%" "%5%($%) %'(ct&%'t, . .n ever! enactment or notification passed or issued efore the commencement of this Code in which reference is made to or to an! Charter or section of Act , of $,B* or an! Code of Civil (rocedure or an! Act amending the same or an! other enactment here ! repealed) such reference shall) so far as ma! e practica le) e ta:en to e made to this Code or to its corresponding (art) 3rder) section or rule.