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
1. Short title, commencement and extent- (1) This Act may be cited
as the Code of Civil Procedure, 1908.
(2) t shall come i!to force o! the first day of "a!uary, 1909.
#2$#(%) t e&te!ds to the 'hole of !dia e&ce(t)
(a) the *tate of "ammu a!d +ashmir,
(b) the *tate of -a.ala!d a!d the tribal areas /
Provided that the *tate 0over!me!t co!cer!ed may, by !otificatio! i! the 1fficial
0a2ette, e&te!d the (rovisio!s of this Code or a!y of them to the 'hole or (art of
the *tate of -a.ala!d or such tribal areas, as the case may be, 'ith such
su((leme!tal, i!cide!tal or co!se3ue!tial modificatio!s as may be s(ecified i!
the !otificatio!.
4&(la!atio!)! this clause, 5tribal areas5 mea!s the territories 'hich, immediately
before the 21st day of "a!uary, 1962 'ere i!cluded i! the tribal areas of Assam
as referred to i! (ara.ra(h 20 of the *i&th *chedule to the Co!stitutio!.
(7) ! relatio! to the Ami!divi sla!ds, a!d the 4ast 0odavari, 8est 0odavari a!d
9isa:ha(at!am A.e!cies i! the *tate of A!dhra Pradesh a!d the ;!io! territory
of <a:shad'ee(, the a((licatio! of this Code shall be 'ithout (re=udice to the
a((licatio! of a!y rule or re.ulatio! for the time bei!. i! force i! such sla!ds,
A.e!cies or such ;!io! territory, as the case may be, relati!. to the a((licatio!
of this Code.$
2. Definitions) ! this Act, u!less there is a!ythi!. re(u.!a!t i! the sub=ect or
co!te&t,)
(1) "Code" i!cludes rules,
(2) "decree" mea!s the fo!"# $%&$''(o) of ") "*+,*(c"t(o) 'hich,
so far as re.ards the Court e&(ressi!. it, co!clusively *$t$!()$' t-$
(.-t' of t-$ &"t($' 'ith re.ard to all or a!y of the matters i! co!troversy
i! the suit a!d may /$ $(t-$ &$#(!()"0 o 1)"#. t shall be deemed to
i!clude the re=ectio! of a (lai!t a!d the determi!atio! of a!y 3uestio! 'ithi! #%$> >
> sectio! 177, but shall !ot i!clude)
(a) ")0 "*+,*(c"t(o) fo! 2-(c- ") "&&$"# #($' "' ") "&&$"#
fo! ") o*$, or
(b) ")0 o*$ of *('!(''"# fo *$f",#t.
4&(la!atio!)A decree is (relimi!ary 'he! further (roceedi!.s have to be ta:e!
before the suit ca! be com(letely dis(osed of. t is fi!al 'he! such ad=udicatio!
com(letely dis(oses of the suit, it may be (artly (relimi!ary a!d (artly fi!al,
(%) "decree-holder" mea!s a!y (erso! i! 'hose favour a decree has bee!
(assed or a! order ca(able of e&ecutio! has bee! made,
(7) "district" mea!s the local limits of the =urisdictio! of a (ri!ci(al Civil Court
of ori.i!al =urisdictio! (herei!after called a 5?istrict Court5), a!d i!cludes the local
limits of the ordi!ary ori.i!al civil =urisdictio! of a @i.h Court,
(A) "foreign Court" mea!s a Court situate outside !dia a!d !ot established
or co!ti!ued by the authority of the Ce!tral 0over!me!t,
(B) "foreign judgment" mea!s the =ud.me!t of a forei.! Court,
(6) "Government Pleader" i!cludes a!y officer a((oi!ted by the *tate
0over!me!t to (erform all or a!y of the fu!ctio!s e&(ressly im(osed by this
Code o! the 0over!me!t Pleader a!d also a!y (leader acti!. u!der the
directio!s of the 0over!me!t Pleader,
(6A) "igh Court" i! relatio! to the A!dama! a!d -icobar sla!ds, mea!s the
@i.h Court i! Calcutta,
(6C) "!ndia", e&ce(t i! sectio!s 1, 29, 7%, 77, 77A, 68, 69, 82, 8% a!d 86A,
mea!s the territory of !dia e&cludi!. the *tate of "ammu a!d +ashmir,
(8) ""udge" mea!s the (residi!. officer of a Civil Court,
(9) "judgment" mea!s the stateme!t .ive! by the =ud.e of the .rou!ds of a
decree or order,
(10) "judgment-de#tor" mea!s a!y (erso! a.ai!st 'hom a decree has
bee! (assed or a! order ca(able of e&ecutio! has bee! made,
(11) "legal re$resentative" mea!s a (erso! 'ho i! la' re(rese!ts the
estate of a deceased (erso!, a!d i!cludes a!y (erso! 'ho i!termeddles 'ith the
estate of the deceased a!d 'here a (arty sues or is sued i! a re(rese!tative
character the (erso! o! 'hom the estate devolves o! the death of the (arty so
sui!. or sued,
(12) "means $rofits" of (ro(erty mea!s those (rofits 'hich the (erso! i!
'ro!.ful (ossessio! of such (ro(erty actually received or mi.ht 'ith ordi!ary
dili.e!ce have received therefrom, to.ether 'ith i!terest o! such (rofits, but shall
!ot i!clude (rofits due to im(roveme!ts made but the (erso! i! 'ro!.ful
(ossessio!,
(1%) "mova#le $ro$ert%" i!cludes .ro'i!. cro(s,
(17) "order" mea!s the formal e&(ressio! of a!y decisio! of a Civil Court
'hich is !ot a decree,
(1A) "$leader" mea!s a!y (erso! e!titled to a((ear a!d (lead for a!other i!
Court, a!d i!cludes a! advocate, a va:il a!d a! attor!ey of a @i.h Court,
(1B) "$rescri#ed" mea!s (rescribed by rules /
(16) "$u#lic officer" mea!s a (erso! falli!. u!der a!y of the follo'i!.
descri(tio!s, !amely/)
(a) every "ud.e,
(b) every member of #a! All)!dia *ervice$,
(c) every commissio!ed or .a2etted officer i! the military, !aval or air forces of
the ;!io! 'hile servi!. u!der the 0over!me!t.
(d) every officer of a Court of "ustice 'hose duty it is, as such officer, to
i!vesti.ate or re(ort o! a!y matter of la' or fact, or to ma:e, authe!ticate or
:ee( a!y docume!t, or to ta:e char.e or dis(ose of a!y (ro(erty, or to e&ecute
a!y =udicial (rocess, or to admi!ister a!y oath, or to i!ter(ret, or to (reserve
order, i! the court, a!d every (erso! es(ecially authori2ed by a Court of "ustice
to (erform a!y of such duties/
(e) every (erso! 'ho holds a!d office by virtue of 'hich he is em(o'ered to
(lace or :ee( a!y (erso! i! co!fi!eme!t,
(f) every officer of the 0over!me!t 'hose duty it is, as such officer, to (reve!t
offe!ces to .ive i!formatio! of offe!ces, to bri!. offe!ders to =ustice, or to (rotect
the (ublic health, safety or co!ve!ie!ce,
(.) every officer 'hose duty it is, as such officer, to ta:e, receive, :ee( or e&(e!d
a!y (ro(erty o! behalf of the 0over!me!t, or to ma:e a!y survey, assessme!t or
co!tract o! behalf of the 0over!me!t, or to e&ecute a!y reve!ue (rocess, or to
i!vesti.ate, or to re(ort o!, a!y matter affecti!. the (ecu!iary i!terests of the
0over!me!t, or to ma:e, authe!ticate or :ee( a!y docume!t relati!. to the
(ecu!iary i!terests of the 0over!me!t, or to (reve!t the i!fractio! of a!y la' for
the (rotectio! of the (ecu!iary i!terests of the 0over!me!t, a!d
(h) every officer i! the service or (ay of the 0over!me!t, or remu!erated by fees
or commissio! for the (erforma!ce of a!y (ublic duty,
(18) "rules" mea!s rules a!d forms co!tai!ed i! the Dirst *chedule or made
u!der sectio! 122 or sectio! 12A,
(19) "share in a cor$oration" shall be deemed to i!clude stoc:,
debe!ture stoc:, debe!tures or bo!ds, a!d
(20) "signed", save i! the case of a =ud.me!t or decree, i!cludes stam(ed.
&. Su#ordination of Courts- Dor the (ur(oses of this Code, the ?istrict
Court is subordi!ate to the @i.h Court, a!d every Civil Court of a .rade i!ferior to
that of a ?istrict Court a!d every Court of *mall Causes is subordi!ate to the
@i.h Court a!d ?istrict Court.
4. Savings- (1) ! the abse!ce of a!y s(ecific (rovisio! to the co!trary, !othi!.
i! this Code shall be deemed to limit or other'ise affect a!y s(ecial or local la'
!o' i! force or a!y s(ecial =urisdictio! or (o'er co!ferred, or a!y s(ecial form of
(rocedure (rescribed, by or u!der a!y other la' for the time i! force.
(2) ! (articular a!d 'ithout (re=udice to the .e!erality of the (ro(ositio!
co!tai!ed i! sub)sectio! (1) !othi!. i! this Code shall be deemed to limit or
other'ise affect a!y remedy 'hich a la!dholder or la!dlord may have u!der a!y
la' for the time bei!. i! force for the recovery of re!t of a.ricultural la!d from the
(roduce of such la!d.
5. '$$lication of the Code of (evenue Courts- (1) 8here a!y
Eeve!ue Courts are .over!ed by the (rovisio!s of this Code i! those matters of
(rocedure u(o! 'hich a!y s(ecial e!actme!t a((licable to them is sile!t, the
*tate 0over!me!t may, by !otificatio! i! the 1fficial 0a2ette, declare that a!y
(ortio!s of those (rovisio!s 'hich are !ot e&(ressly made a((licable by this
Code shall !ot a((ly to those Courts, or shall o!ly a((ly to them 'ith such
modificatio!s as the *tate 0over!me!t may (rescribe.
(2) 5Eeve!ue Court5 i! sub)sectio! (1) mea!s a Court havi!. =urisdictio! u!der
a!y local la' to e!tertai! suits or other (roceedi!.s relati!. to the re!t, reve!ue
or (rofits of la!d used for a.ricultural (ur(oses, but does !ot i!clude a Civil Court
havi!. ori.i!al =urisdictio! u!der this Code to try such suits or (roceedi!.s as
bei!. suits or (roceedi!.s of a civil !ature.
6. Pecuniar% jurisdiction) *ave i! so far as is other'ise e&(ressly
(rovided, !othi!. herei! co!tai!ed shall o(erate to .ive a!y Court =urisdictio!
over suits the amou!t or value of the sub=ect)matter of 'hich e&ceeds the
(ecu!iary limits (if a!y) of its ordi!ary =urisdictio!.
7. Provincial Small Cause Courts) The follo'i!. (rovisio!s shall !ot
e&te!d to Courts co!stituted u!der the Provi!cial *mall Cause Courts Act, 1886
(9 of 1886) or u!der the Cerar *mall Cause Courts <a's, 190A, or to Courts
e&ercisi!. the =urisdictio! of a Court of *mall Causes u!der the said Act or <a'
or to Courts i! a!y (art of !dia to 'hich the said Act does !ot e&te!d e&ercisi!.
a corres(o!di!. =urisdictio! that is to say,)
(a) so much of the body of the Code as relates to)
(i) suits e&ce(ted from the co.!i2a!ce of a Court of *mall Causes,
(ii) the e&ecutio! of decrees i! such suits,
(iii) the e&ecutio! of decrees a.ai!st immovable (ro(erty , a!d
(b) the follo'i!. sectio!s, that is to say,)
sectio! 9,
sectio!s 91 a!d 92,
sectio!s 97 a!d 9A so far as they authori2e or relate to)
(i) orders for the attachme!t of immovable (ro(erty,
(ii) i!=u!ctio!s,
(iii) the a((oi!tme!t of a receiver of immovable (ro(erty, or
(iv) the i!terlocutory orders referred to i! clause (e) of sectio! 97 a!d
sectio!s 9B to 112 a!d 11A.
8 . Presidenc% Small Cause Courts- *ave as (rovided i! sectio!s 27,
%8 to 71, 6A, clauses (a), (b) a!d (c), 6B #A$#66, 1A6 a!d 1A8$, a!d by the
Preside!cy *mall Cause Courts Act, 1882, (1A of 1882) the (rovisio!s i! the
body of this Code shall !ot e&te!d to a!y suit or (roceedi!.s i! a!y Court of
*mall Causes established i! the to'!s of Calcutta, Fadras a!d Combay /
Provided that )
(1) the @i.h Courts of "udicature at Dort 8illiam Fadras a!d Combay, as the
case may be, may from time to time, by !otificatio!s i! the 1fficial 0a2ette, direct
that a!y such (rovisio!s !ot i!co!siste!t 'ith the e&(ress (rovisio!s of the
Preside!cy *mall Cause Courts Act, 1882, (1A of 1882) a!d 'ith such
modificatio!s a!d ada(tatio! as may be s(ecified i! the !otificatio!, shall e&te!d
to suits or (roceedi!.s or a!y class of suits or (roceedi!.s i! such Court/
(2) all rules heretofore made by a!y of the said @i.h Courts u!der sectio! 9 of
the Preside!cy *mall Cause Courts Act, 1882 ( 1A of 1882) shall be deemed to
have bee! validly made.
*TAT4 AF4-?F4-T*
0u=arat) After the 'ords Calcutta, Fadras a!d Combay the 'ords 5a!d i! the City
of Ahmedabad5 shall be i!serted.
#0u=arat Act -o. GG of 19B1$.
PART I34UIT4 IN 5ENERAL
6,('*(ct(o) of t-$ Co,t' ")* R$' +,*(c"t"
) . Co,t' to t0 "## c(7(# ',(t' ,)#$'' /"$*8 T-$ Co,t' '-"##
(',/+$ct to t-$ &o7('(o)' -$$() co)t"()$*) -"7$ +,('*(ct(o)
to t0 "## ',(t' of " c(7(# )"t,$ $%c$&t(). ',(t' of 2-(c- t-$(
co.)(9")c$ (' $(t-$ $%&$''#0 o (!&#($*#0 /"$*.
[Explanation I].?A suit in which the right to property or to an office is contested is a suit
of a civil nature, notwithstanding that such right may depend entirely on the decision of
questions as to religious rites or ceremonies.
[Explanation II]. or the purposes of this section, it is immaterial whether or not any fees
are attached to the office referred to in Explanation I or whether or not such office is
attached to a particular place.].
!"A"E A#E$%#E$"!
#aharashtra? After section & insert the following section &A.
")'. *here at the hearing of a$$lication relating to interim
relief in a suit, o#jection to jurisdiction is ta+en such issue to
#e decided #% the court as a $reliminar% issue,- '() $otwithstanding
anything contained in this code or any other law for the time *eing in force, if at the
hearing of any application for granting or setting aside an order granting any interim
relief, whether *y way of stay, in+unction, appointment of a receiver or otherwise, made
in any suit, on o*+ection to +urisdiction of the court to entertain such suit is ta,en *y any
of the parties to the suit the court shall proceed to determine at the hearing of such
application the issue as to the +urisdiction as a preliminary issue *efore granting for
setting aside the order granting the interim relief. Any such application shall *e heard and
disposed of *y the court as expeditiously as possi*le and shall not in any case *e
ad+ourned to the hearing of the suit.
'-) $otwithstanding anything contained in su*.section '(), at the hearing of any such
application the court may grant such interim relief as it may consider necessary, pending
determination *y it of the preliminary issue as to the +urisdiction/.
[#aharashtra Act $o. 01 of (&22].
1.. Sta% of suit- $o 3ourt shall proceed with the trial of any suit in which the
matter in issue is also directly and su*stantially in issue in a previously instituted suit
*etween the same parties, or *etween parties under whom they or any of them claim
litigating under the same title where such suit is pending in the same or any other 3ourt
in India having +urisdiction to grant the relief claimed, or in any 3ourt *eyond the limits
of India esta*lished or continued *y the 3entral 4overnment and having li,e +urisdiction,
or *efore the !upreme 3ourt.
Explanation?"he pendency of a suit in a foreign 3ourt does not preclude the 3ourts in
India from trying a suit founded on the same cause of action.
11. (es judicata- $o 3ourt shall try any suit or issue in which the matter directly
and su*stantially in issue has *een directly and su*stantially in issue in a former suit
*etween the same parties, or *etween parties under whom they or any of them claim,
litigating under the same title, in a 3ourt competent to try such su*sequent suit or the suit
in which such issue has *een su*sequently raised, and has *een heard and finally decided
*y such 3ourt.
Explanation I.?"he expression /former suit/ shall denote a suit which has *een decided
prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.?or the purposes of this section, the competence of a 3ourt shall *e
determined irrespective of any provisions as to a right of appeal from the decision of such
3ourt.
Explanation III.?"he matter a*ove referred to must in the former suit have *een alleged
*y one party and either denied or admitted, expressly or impliedly, *y the other.
Explanation I5.?Any 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 directly and
su*stantially in issue in such suit.
Explanation 5.?Any relief claimed in the plaint, which is not expressly granted *y the
decree, shall, for the purposes of this section, *e deemed to have *een refused.
Explanation 5I.?6here 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 5II.?"he provisions of this section shall apply to a proceeding for the
execution of a decree and reference in this section to any suit, issue or former suit shall *e
construed as references, respectively, to proceedings for the execution of the decree,
question arising in such proceeding and a former proceeding for the execution of that
decree.
Explanation 5III.?An issue heard and finally decided *y a 3ourt of limited +urisdiction,
competent to decide such issue, shall operate as res +udicata in as su*sequent suit,
notwithstanding that such 3ourt of limited +urisdiction was not competent to try such
su*sequent suit or the suit in which such issue has *een su*sequently raised.]
12. /ar to further suit.- 6here a plaintiff is precluded *y rules from instituting
a further suit in respect of any particular cause of action, he shall not *e entitled to
institute a suit in respect of such cause of action in any 3ourt to which this 3ode applies.
1&. *hen foreign judgment not conclusive- A foreign +udgment shall
*e conclusive as to any matter there*y directly ad+udicated upon *etween the same
parties or *etween parties under whom they or any of them claim litigating under the
same title except?
'a) where it has not *een pronounced *y a 3ourt of competent +urisdiction7
'*) where it has not *een given on the merits of the case7
'c) where it appears on the face of the proceedings to *e founded on an incorrect view of
international law or a refusal to recognise the law of India in cases in which such law is
applica*le7
'd) where the proceedings in which the +udgment was o*tained are opposed to natural
+ustice7
'e) where it has *een o*tained *y fraud7
'f) where it sustains a claim founded on a *reach of any law in force in India.
10. Presum$tion as to foreign judgments.- "he 3ourt shall presume
upon the production of any document purporting to *e a certified copy of a foreign
+udgment that such +udgment was pronounced *y a 3ourt of competent +urisdiction,
unless the contrary appears on the record7 *ut such presumption may *e displaced *y
proving want of +urisdiction.
8lace of suing
11. Court in 2hich suits to #e instituted- Every suit shall *e instituted
in the 3ourt of the lowest grade competent to try it.
13. Suits to #e instituted 2here su#ject-matter situate- !u*+ect
to the pecuniary or other limitations prescri*ed *y any law, suits?
'a) for the recovery of immova*le property with or without rent or profits,
'*) for the partition of immova*le property,
'c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon
immova*le property,
'd) for the determination of any other right to or interest in immova*le property,
'e) for compensation for wrong to immova*le property,
'f) for the recovery of mova*le property actually under distraint or attachment,
shall *e instituted in the 3ourt within the local limits of whose +urisdiction the property is
situate9
8rovided that a suit to o*tain relief respecting, or compensation for wrong to, immova*le
property held *y or on *ehalf of the defendant, may where the relief sought can *e
entirely o*tained through his personal o*edience *e instituted either in the 3ourt within
the local limits of whose +urisdiction the property is situate, or in the 3ourt within the
local limits of whose +urisdiction the defendant actually and voluntarily resider, or carries
on *usiness, or personally wor,s for gain.
Explanation.? In this section /property/ means property situate in India.
14. Suits for immova#le $ro$ert% situate 2ithin jurisdiction
of different Courts- 6here a suit is to o*tain relief respecting, or compensation
for wrong to, immova*le property situate within the +urisdiction of different 3ourt, the
suit my *e instituted in any 3ourt within the local limits of whose +urisdiction any portion
of the property is situate 9
8rovided that, in respect of the value of the su*+ect matter of the suit, the entire claim is
cogni:a*le *y such 3ourt.
15. Place of institution of suit 2here local limits of
jurisdiction of Courts are uncertain- '() 6here it is alleged to *e
uncertain within the local limits of the +urisdiction of which of two or more 3ourts any
immova*le property is situate, any one of those 3ourts may, if satisfied that there is
ground for the alleged uncertainty, record a statement to that effect and thereupon
proceed to entertain and dispose of any suit relating to that property, and its decree in the
suit shall have the same effect as if the property were situate within the local limits of its
+urisdiction 9
8rovided that the suit is one with respect to which the 3ourt is competent as regards the
nature and value of the suit to exercise +urisdiction.
'-) 6here a statement has not *een recorded under su*.section '(), and o*+ection is ta,en
*efore an Appellate or ;evisional 3ourt that a decree or order in a suit relating to such
property was made *y a 3ourt not having +urisdiction where the property is situate, the
Appellate or ;evisional 3ourt 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 uncertainty as to
the 3ourt having +urisdiction with respect thereto and there has *een a consequent failure
of +ustice.
1). Suits for com$ensation for 2rongs to $erson or mova#le-
6here a suit is for compensation for wrong done to the person or to mova*le property, if
the wrong was done within the local limits of the +urisdiction of one 3ourt and the
defendant resides, or carries on *usiness, or personally wor,s for gain, within the local
limits of the +urisdiction of another 3ourt, the suit may *e instituted at the option of the
plaintiff in either of the said 3ourts.
Illustrations
'a) A, residing in %elhi, *eats < in 3alcutta. < may sue A either in 3alcutta or in %elhi.
'*) A, residing in %elhi, pu*lishes in 3alcutta statements defamatory of <. < may sue A
either in 3alcutta or in %elhi.
2.. 6ther suits to #e instituted 2here defendants reside or
cause of action arises- !u*+ect to the limitations aforesaid, every suit shall *e
instituted in 3ourt 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, actually and voluntarily resides, or carries on *usiness, or
personally wor,s for gain7 or
'*) any of the defendants, where there are more than one, at the time of the
commencement of the suit actually and voluntarily resides, or carries on *usiness, or
personally wor,s for gain, provided that in such case either the leave of the 3ourt is
given, or the defendants who do not reside, or carry on *usiness, or personally wor, for
gain, as aforesaid, acquiesce in such institution7 or
'c) the cause of action, wholly or in part, arises.
[Explanation].?A corporation shall *e deemed to carry on *usiness at its sole or principal
office in India or, in respect of any cause of action arising at any place where it has also a
su*ordinate office, at such place.
Illustrations
'a) A is a tradesman in 3alcutta, < carries on *usiness in %elhi. <, *y his agent in
3alcutta, *uys goods of A and requests A to deliver them to the East Indian ;ailway
3ompany. A delivers the goods accordingly in 3alcutta. A may sue < for the price of the
goods either in 3alcutta, where the cause of action has arisen or in %elhi, where < carries
on *usiness.
'*) A resides at !imla, < at 3alcutta and 3 at %elhi A, < and 3 *eing together at <enaras,
< and 3 ma,e a +oint promissory note paya*le on demand, and deliver it to A. A may sue
< and 3 at <enaras, where the cause of action arose. =e may also sue them at 3alcutta,
where < resides, or at %elhi, where 3 resides7 *ut in each of these cases, if the non.
resident defendant o*+ect, the suit cannot proceed without the leave of the 3ourt.
21. 6#jections to jurisdiction- ['()] $o o*+ection as to the place of suing
shall *e allowed *y any appellate or ;evisional 3ourt unless such o*+ection was ta,en in
the 3ourt of first instance at the earliest possi*le opportunity and in all cases where issues
or settled at or *efore such settlement, and unless there has *een a consequent failure of
+ustice.
[-) $o o*+ection as to the competence of a 3ourt with reference to the pecuniary limits of
its +urisdiction shall *e allowed *y any Appellate or ;evisional 3ourt unless such
o*+ection was ta,en in the 3ourt of first instance at the earliest possi*le opportunity, and
in all cases where issues are settled, at or *efore such settlement, and unless there has
*een a consequent failure of +ustice.
'>) $o o*+ection as to the competence of the executing 3ourt with reference to the local
limits of its +urisdiction shall *e allowed *y any Appellate or ;evisional 3ourt unless
such o*+ection was ta,en in the executing 3ourt at the earliest possi*le opportunity, and
unless there has *een a consequent failure of +ustice.]
[21'. /ar on suit to set aside decree on o#jection as to
$lace of suing- $o suit shall lie challenging the validity of a decree passed in a
former suit *etween the same parties, or *etween the parties under whom they or any of
them claim, litigating under the same title, on any ground *ased on an o*+ection as to the
place of suing.
Explanation.?"he expression /former suit/ means a suit which has *een decided prior to
the decision in the suit in which the validity of the decree is questioned, whether or not
the previously decided suit was instituted prior to the suit in which the validity of such
decree is questioned].
22. Po2er to transfer suits 2hich ma% #e instituted in more
than one Court- 6here a suit may *e instituted in any one of two or more 3ourts
and is instituted in one of such 3ourts, any defendant, after notice to the other parties,
may, at the earliest possi*le opportunity and in all cases where issues are settled at or
*efore such settlement, apply to have the suit transferred to another 3ourt, and the 3ourt
to which such application is made, after considering the o*+ections of the other parties 'if
any), shall determine in which of the several 3ourts having +urisdiction the suit shall
proceed.
2&. 7o 2hat Court a$$lication lies.- '() 6here the several 3ourts having
+urisdiction are su*ordinate to the same Appellate 3ourt, an application under section --
shall *e made to the Appellate 3ourt.
'-) 6here such 3ourts are su*ordinate to different Appellate 3ourts *ut to the same =igh
3ourt, the application shall *e made to the said =igh 3ourt.
'>) 6here such 3ourts are su*ordinate to different =igh 3ourts, the application shall *e
made the =igh 3ourt within the local limits of whose +urisdiction the 3ourt in which the
suit is *rought is situate.
20. General $o2er of transfer and 2ithdra2al- '() ?n the
application of any of the parties and after notice to the parties and after hearing such of
them as desired to *e heard, or of its own motion without such notice, the =igh 3ourt or
the %istrict 3ourt may at any stage?
'a) transfer any suit, appeal or other proceeding pending *efore it for trial or disposal to
any 3ourt su*ordinate to it and competent to try or dispose of the same, or
'*) withdraw any suit, appeal or other proceeding pending in any 3ourt su*ordinate to it,
and?
'i) try or dispose of the same7 or
'ii) transfer the same for trial or disposal to any 3ourt su*ordinate to it and competent to
try or dispose of the same7 or
'iii) retransfer the same for trial or disposal to the 3ourt from which it was withdrawn
'-) 6here any suit or proceeding has *een transferred or withdrawn under su*.section
'(), the 3ourt which [is thereafter to try or dispose of such suit or proceeding] may,
su*+ect to any special directions in the case of any order of transfer, either retry it or
proceed from the point at which it was transferred or withdrawn.
['>) or the purposes of this section,?
'a) 3ourts of Additional and Assistant @udges shall *e deemed to *e su*ordinate to the
%istrict 3ourt7
'*) /proceeding/ includes a proceeding for the execution of a decree or order.]
'A) the 3ourt trying any suit transferred or withdrawn under this section from a 3ourt of
!mall 3auses shall, for the purposes of such suit, *e deemed to *e a 3ourt of !mall
3auses.
['1) A suit or proceeding may *e transferred under this section from a 3ourt which has no
+urisdiction to try it.]
821. Po2er of Su$reme Court to transfer suits, etc.- '() ?n the
application of a party, and after notice to the parties, and after hearing such of them as
desire to *e heard, the !upreme 3ourt may, at any stage, if satisfied that an order under
this section is expedient for the ends of +ustice, direct that any suit, appeal or other
proceeding *e transferred from a =igh 3ourt or other 3ivil 3ourt in one !tate to a =igh
3ourt or other 3ivil 3ourt in any other !tate.
'-) Every application under this section shall *e made *y a motion which shall *e
supported *y an affidavit.
'>) "he 3ourt to which such suit, appeal or other proceeding is transferred shall, su*+ect
to any special directions in the order of transfer, either retry it or proceed from the stage
at which it was transferred to it.
'A) In dismissing any application under this section, the !upreme 3ourt may, if it is of
opinion that the application was frivolous or vexatious, order the applicant to pay *y way
of compensation to any person who has opposed the application such sum, not exceeding
two thousand rupees, as it considers appropriate in the circumstances of the case.
'1) "he law applica*le to any suit, appeal or other proceeding transferred under this
section shall *e the law which the 3ourt in which the suit, appeal or other proceeding was
originally instituted ought to have applied to such suit, appeal or proceeding.]
Institution of suits
23. !nstitution of suits- Every suit shall *e instituted *y the presentation of a
plaint or in such other manner as may *e prescri*ed.
!ummons and %iscovery
24. Summons to defendants- 6here a suit has *een duly instituted, a
summons may *e issued to the defendant to appear and answer the claim and may *e
served in manner prescri*ed.
25. Service of summons 2here defendant resides in another
State- '() A summons may *e sent for service in another !tate to such 3ourt and in
such manner as may *e prescri*ed *y rules in force in that !tate.
'-) "he 3ourt to which such summons is sent shall, upon receipt thereof, proceed as if it
had *een issued *y such 3ourt and shall then return the summons to the 3ourt of issue
together with the record 'if any) of its proceedings with regard thereto.
['>) 6here the language of the summons sent for service in another !tate is different
from the language of the record referred to in su*. section '-), a translation of the
record,?
'a) in =indi, where the language of the 3ourt issuing the summons is =indi, or
'*) in =indi or English where the language of such record is other than =indi or English,
shall also *e sent together with the record sent under that su*.section].
2). Service of foreign summonses- Summons and other
$rocesses issued #%-
'a) any 3ivil or ;evenue 3ourt esta*lished in any part of India to which the provisions of
this 3ode do not extent, or
'*) any 3ivil or ;evenue 3ourt esta*lished or continued *y the authority of the 3entral
4overnment outside India, or
'c) any other 3ivil or ;evenue 3ourt outside India to which the 3entral 4overnment has,
*y notification in the ?fficial 4a:ette, declared the provisions of this section to apply,
may *e sent to the 3ourts in the territories to which this 3ode extends, and served as if
they were summonses issued *y such 3ourts.
&.. Po2er to order discover% and the li+e- !u*+ect to such conditions
and limitations as may *e prescri*ed, the 3ourt may, at any time, either of its own motion
or on the application of any party,?
'a) ma,e such orders as may *e necessary or reasona*le in all matters relating to the
delivery and answering of interrogatories, the admission of documents and facts, and the
discovery, inspection, production, impounding and return of documents or other material
o*+ects produci*le as evidence7
'*) issue summonses to persons whose attendance is required either to give evidence or to
produce documents or such other o*+ects as aforesaid7
'c) order any fact to *e proved *y affidavit.
&1. Summons to 2itness- "he provisions in sections -2, -B and -& shall apply
to summonses to give evidence or to produce documents or other material o*+ects.
&2. Penalt% for default -"he 3ourt may compel the attendance of any person
to whom a summons has *een issued under section >C and for that purpose may?
'a) issue a warrant for his arrest7
'*) attach and sell his property7
'c) impose a fine upon him not exceeding five hundred rupees7
'd) order him to furnish security for his appearance and in default commit him to the civil
prison.
@udgment and decree
&&. "udgment and decree- "he 3ourt, after the case has *een heard, shall
pronounce +udgment, and on such +udgment a decree shall follow.
Interest
&0. !nterest- '() 6here and in so far as a decree is for the payment of money, the
3ourt may, in the decree, order interest at such rate as the 3ourt 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 any interest ad+udged on such principal sum for any period prior to the
institution of the suit, with further interest at such rate not exceeding six per cent, per
annum as the 3ourt deems reasona*le on such principal sum from the date of the decree
to the date of payment, or to such earlier date as the 3ourt thin,s fit 9
[8rovided that where the lia*ility in relation to the sum so ad+udged had arisen out of a
commercial transaction, the rate of such further interest may 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 moneys are lent or advanced *y nationalised *an,s in
relation to commercial transactions.
Explanation I.?In this su*.section, /nationalised *an,/ means a corresponding new *an,
as defined in the <an,ing 3ompanies 'Acquisition and "ransfer of Dnderta,ings) Act
(&2C '1 of (&2C).
Explanation II.?or the purposes of this section, a transaction is a commercial
transaction, if it is connected with the industry, trade or *usiness of the party incurring the
lia*ility.]
'-) 6here such a decree is silent with respect to the payment of further interest on such
principal sum from the date of the decree to the date of payment or other earlier date, the
3ourt shall *e deemed to have refused such interest, and a separate suit therefore shall not
lie.
3osts
&1. Costs- '() !u*+ect to such conditions and limitations as may *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 3ourt, and the 3ourt shall have full power to determine *y
whom or out of what property and to what extent such costs are to *e paid, and to give all
necessary directions for the purposes aforesaid. "he fact that the 3ourt has no +urisdiction
to try the suit shall *e no *ar to the exercise of such powers.
'-) 6here the 3ourt directs that any costs shall not follow the event, the 3ourt shall state
its reasons in writing.
&1'. Com$ensator% costs in res$ect of false or vexatious
claims or defenses- '() If any suit or other proceedings including an execution
proceedings *ut [-C][excluding an appeal or a revision] any party o*+ects to the claim of
defence on the ground that the claim or defence or any part of it is, as against the
o*+ector, false or vexatious to the ,nowledge of the party *y 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 3ourt if it so thin,s fit, may, after
recording its reasons for holding such claim or defence to *e false or vexatious, ma,e an
order for the payment to the o*+ect or *y the party *y whom such claim or defence has
*een put forward, of cost *y way of compensation.
'-) $o 3ourt shall ma,e any such order for the payment of an amount exceeding [-(]
[three thousand rupees] or exceeding the limits of it pecuniary +urisdiction, whichever
amount is less9
8rovided that where the pecuniary limits of the +urisdiction of any 3ourt exercising the
+urisdiction of a 3ourt of !mall 3auses under the 8rovincial !mall 3ause 3ourts Act,
(BB2 '& of (BB2) or under a corresponding law in force in any part of India to which the
said Act does not extend and not *eing a 3ourt constituted under such Act or law, are less
than two hundred and fifty rupees, the =igh 3ourt may empower such 3ourt to award as
costs under this section any amount not exceeding two hundred and fifty rupees and not
exceeding those limits *y more than one hundred rupees 9
8rovided, further, that the =igh 3ourt may limit the amount or class of 3ourts is
empowered to award as costs under this !ection.
'>) $o person against whom an order has *een made under this section shall, *y reason
thereof, *e exempted from any criminal lia*ility in respect of any claim or defence made
*y him.
'A) "he amount of any compensation awarded under this section in respect of a false or
vexatious claim or defence shall *e ta,en into account in any su*sequent suit for damages
or compensation in respect of such claim or defence.
!"A"E A#E$%#E$"!
Dttar 8radesh? 'i) or su*.section '() of section >1A su*stitute the following.
/'() If any suit or other proceedings including proceedings in execution, *ut not *eing an
appeal or revision, the court finds that the claim or defence or any part thereof is false or
vaxatious to the ,nowledge of the party *y whom it has *een put forward and if such
claim or defence or such part is disallowed, a*andoned or withdrawn in whole or in part,
the court may, after recording its reasons for holding such claim or defence to *e false or
vexatious, ma,e an order for the payment to the successful party or costs *y way of
compensation irrespective of the decisions on other issues in the case/.
[D.8. Act $o. -A of (&1A].
'ii) After su*.section '() insert the following.
/'(.A) "he provisions of su*.section '() shall mutatis mutandis apply to an appeal where
the appellate 3ourt confirms the decision of the trial court and the trial court has not
awarded or insufficient, compensatory cost under that su*.section.
[D.8. Act $o. 12 of (&20].
[--][>1<. 3osts for causing delay? '() If, on any date fixed for the hearing of a suit or for
ta,ing any step therein, a party to the suit?
'a) fails to ta,e the step which he was required *y or under this 3ode to ta,e on that date,
or
'*) o*tains an ad+ournment for ta,ing such step or for producing evidence or on any other
ground,
the 3ourt may, for reasons to *e recorded, ma,e an order requiring such party to pay to
the other party such costs as would, in the opinion of the 3ourt, *e reasona*ly sufficient
to reim*urse the other party in respect of the expenses incurred *y him in attending the
3ourt on that date, and payment of such costs, on the date next following the date of such
order, shall *e a condition precedent to the further prosecution of?
'a) the suit *y the plaintiff, where the plaintiff was ordered to pay such costs.
'*) the defence *y the defendant, where the defendant was ordered to pay such costs.
Explanation.?6here separate defences have *een raised *y the defendants or groups of
defendants, payment of such costs shall *e a condition precedent to the further
prosecution of the defence *y such defendants or groups of defendants as have *een
ordered *y the 3ourt to pay 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 suit7 *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 *y whom such costs are paya*le and the order so drawn up shall
*e executa*le against such persons.]
THE CODE OF CIVIL PROCEDURE, 1908
PART II3 E:ECUTION
4eneral
8&3. '$$lication to orders- "he provisions of this 3ode relating to the
execution of decree 'including provisions relating to payment under a decree) shall, so far
as they are applica*le, *e deemed to apply to the execution of orders 'including payment
an order).]
&4. Definition of Court 2hich $assed a decree- "he expression
/3ourt which passed a decree/, or words to that effect, shall, in relation to the execution
of decrees, unless there is anything 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 3ourt of first instance, and
'*) where the 3ourt of first instance has ceased to exist or to have +urisdiction to execute
it, the 3ourt which, if the suit wherein the decree was passed was instituted at the time of
ma,ing the application for the execution of the decree, would have +urisdiction to try
such suit.
[-A] [Explanation.?"he 3ourt of first instance does not cease to have +urisdiction to
execute a decree merely on the ground that after the institution of the suit wherein the
decree was passed or after the passing of the decree, any area has *een transferred from
the +urisdiction of that 3ourt to the +urisdiction of any other 3ourt7 *ut in every such case,
such other 3ourt shall also have +urisdiction to execute the decree, if at the time of
am,ing the application for execution of the decree it would have +urisdiction to try the
said suit.]
3ourts *y which decrees may *e executed
&5. Court #% 2hich decree ma% #e executed- A decree may *e
executed either *y the court which passed it, or *y the 3ourt to which it is sent for
execution.
&). 7ransfer of decree- '() "he 3ourt which passed a decree may, on the
application of the decree.holder, send it for execution to another 3ourt [-1][of competent
+urisdiction],?
'a) if the person against whom the decree is passed actually and voluntarily resides or
carries on *usiness, or personally wor,s for gain, within the local limits of the +urisdiction
of such other 3ourt, or
'*) if such person has not property with in the local limits of the +urisdiction of the 3ourt
which passed the decree sufficient to satisfy such decree and has property within the local
limits of the +urisdiction of such other 3ourt, or
'c) if the decree directs the sale or delivery of immova*le property situate outside the
local limits of the +urisdiction of the 3ourt which passed it, or
'd) if the 3ourt which passed the decree considers for any other reason, which it shall
record in wiring, that the decree should *e executed *y such other 3ourt.
'-) "he 3ourt which passed the decree may of its own motion send it for execution to any
su*ordinate 3ourt of competent +urisdiction.
['>) or the purposes of this section, a 3ourt shall *e deemed to *e a 3ourt of competent
+urisdiction if, at the time of ma,ing the application for the transfer of decree to it, such
3ourt would have +urisdiction to try the suit in which such decree was passed.]
!"A"E A#E$%#E$"!
Dttar 8radesh? !u*.section '>) of section >& shall *e su*stituted.
/'>) or the purpose of this section, a court shall *e deemed to *e a court of competent
+urisdiction if the amount or value of the su*+ect matter of the suit wherein the decree was
passed does not exceed the pecuniary limits if any of its ordinary +urisdiction at the time
of ma,ing the application for the transfer of decree to it, notwithstanding that it had
otherwise no +urisdiction to try the suit/.
[D.8. Act $o. >( of (&2B].
0.. 7ransfer of decree to Court in another State- 6here a decree
is sent for execution in another !tate, it shall *e sent to such 3ourt and executed in such
manner as may *e prescri*ed *y rules in force in that !tate.
01. (esult of execution $roceedings to #e certified.- "he 3ourt
to which a decree is sent for execution shall certify to the 3ourt which passed it the fact
of such execution, or where the former 3ourt fails to execute the same the circumstances
attending such failure.
02. Po2ers of Court in executing transferred decree- ['()] "he
3ourt executing a decree sent to it shall have the same powers in executing such decree
as if it had *een passed *y itself. All persons diso*eying or o*structing the execution of
the decree shall *e punisha*le *y such 3ourt 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 *y itself.
['-) 6ithout pre+udice to the generality of the provisions of su*.section '() the powers of
the 3ourt under that su*.section shall include the following powers of the 3ourt passed
the decree, namely9?
'a) power to send the decree for execution to another 3ourt under section >&7
'*) power to execute the decree against the legal representative of the deceased +udgment.
de*tor under section 1C7
'c) power to order attachment of a decree.
'>) A 3ourt passing an order in exercise of the powers specified in su*.section '-) shall
send a copy thereof to the 3ourt which passed the decree.
'A) $othing in this section shall *e deemed to confer on the 3ourts to which a decree is
sent for execution any of the following powers, namely?
'a) power to order execution at the instance of the transferee of the decree7
'*) in the case of a decree passed against a firm, power to grant leave to execute such
decree against any person other than such a person as is referred to in clause '*), or clause
'c), of su*.rule '() of rule 1C of ?rder EEI.]
!"A"E A#E$%#E$"!
Dttar 8radesh? !ection A- shall *e su*stituted *y following.
"02. Po2er of Court in executing transferred decree,- '() "he
court executing a decree sent to it shall have the same powers in executing such decree as
if it had *een passed *y itself. All persons diso*eying or o*structing the decree shall *e
punisha*le *y 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 *y itself.
'-) 6ithout pre+udice to the generality of the provisions of su*.section '() the powers of
the court under that su*.section shall include the following powers of the court which
passed the decree, namely?
'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 1C.
'c) power to order attachment of a decree.
'd) power to decide any question relating to the *ar of limitation to the executa*ility of
the decree.
'e) power to record payment or ad+ustment under ;ule - of order EEI.
'f) power to order stay of execution under ;ule -& ?rder EEI,
'g) in the case of a decree passed against a firm power to grant leave to execute such
decree against any person other than a person as is referred to in clause '*) or clause 'c)
of su*.rule '() of ;ule 1C of ?rder EEI.
'>) A court passing an order in exercise of the powers specified in su*.section '-) shall
send a copy there of to the court which passed the decree.
'A) $othing in this section shall *e deemed to confer on the court to which a decree is
sent for execution, the power to order execution at the instance of the transfer of a
decree/
[D.8. Act $o. (A of (&2C].
0&. 9xecution of decrees $assed #% Civil Courts in $laces to
2hich this Code does not extend- Any decree passed *y any 3ivil 3ourt
esta*lished in any part of India to which the provisions of this 3ode do not extend, or *y
any 3ourt esta*lished or continued *y the authority of the 3entral 4overnment outside
India, may, if it cannot *e executed within the +urisdiction of the 3ourt *y which it was
passed, *e executed in the manner herein provided within the +urisdiction of any 3ourt in
the territories to which this 3ode extends.
00. 9xecution of decrees $assed #% (evenue Court in $laces
to 2hich this Code does not extend.- "he !tate 4overnment may, *y
notification in the ?fficial 4a:ette, declare that the decrees of any ;evenue 3ourt in any
part of India to which the provisions of this 3ode do not extend or any class of such
decrees, may *e executed in the !tate as if they had *een passed *y 3ourts in that !tate.
00'. 9xecution of decrees $assed #% Courts in reci$rocating
territor%- '() 6here a certified copy of decree of any of the superior 3ourts of any
reciprocating territory has *een filed in a %istrict 3ourt, the decree may *e executed in
India as if it had *een passed *y the %istrict 3ourt.
'-) "ogether with the certified copy of the decree shall *e filed a certificate from such
superior 3ourt stating the extent, if any, 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 A2 shall as from the filing of the certified copy of the decree
apply to the proceedings of a %istrict 3ourt executing a decree under this section, and the
%istrict 3ourt shall refuse execution of any such decree, if it is shown to the satisfaction
of the 3ourt that the decree falls within any of the exceptions specified in clauses 'a) to
'f) of section (>.
Explanation (? /;eciprocating territory/ means any country or territory outside India
which the 3entral 4overnment may, *y notification in the ?fficial 4a:ette, declare to *e
a reciprocating territory for the purposes of this section7 and /superior 3ourts/, with
reference to any such territory, means such 3ourts as may *e specified in the said
notification.
Explanation -.? /%ecree/ with reference to a superior 3ourt means any decree or
+udgment of such 3ourt under which a sum of money is paya*le, not *eing a sum paya*le
in respect of taxes or other charges of a li,e nature or in respect to a fine or other penalty,
*ut shall in no case include an ar*itration award, even if such an award is enforcea*le as a
decree or +udgment.
01. 9xecution of decrees outside !ndia- !o much of the foregoing
sections of this 8art as empowers a 3ourt to send a decree for execution to another 3ourt
shall *e construed as empowering a 3ourt in any !tate to send a decree for execution to
any 3ourt esta*lished *y the authority of the 3entral 4overnment outside India to which
the !tate 4overnment has *y notification in the ?fficial 4a:ette declared this section to
apply.
!"A"E A#E$%#E$"!
8ondicherry? After section A1 insert the following9?
"01-'. 9xecution of decrees etc. $assed or made #efore the
Commencement of the Code in Pondicherr%- Any @udgment, decree
or order passed or made *efore the 3ommencement of this 3ode *y any 3ivil 3ourt in
the Dnion "erritory of 8ondicherry shall for the purpose of execution *e deemed to have
*een passed or made under this 3ode.
8rovided that nothing contained in this section shall *e construed as extending the period
of limitation to which any proceeding in respect of such +udgment decree or order may *e
su*+ect./
[Act $o. -0 of (&0B].
03. Prece$ts- '() Dpon the application of the decree.holder the 3ourt which
passed the decree may, whenever it thin,s fit, issue a precept to any other 3ourt which
would *e competent to execute such decree to attach any property *elonging to the
+udgment.de*tor and specified in the precept.
'-) "he 3ourt to which a precept is sent shall proceed to attach the property in the manner
prescri*ed in regard to the attachment of property in execution of a decree9
8rovided that no attachment under a precept shall continue for more than two months
unless the period of attachment is extended *y an order of the 3ourt which passed the
decree or unless *efore the determination of such attachment the decree has *een
transferred to the 3ourt *y which the attachment has *een made and the decree.holder
has applied for an order for the sale of such property.
Fuestions to *e determined *y 3ourt executing decree
04. :uestions to #e determined #% the Court executing
decree- '() All questions 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 *y the 3ourt executing the decree and not
*y a separate suit.
'>) 6here a question arises as to whether any person is or is not the representative of a
party, such question shall, for the purposes of this section, *e determined *y the 3ourt.
[Explanation I.?or 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 II.?'a) or the purposes of this section, a purchaser of property at a sale in
execution of a decree shall *e deemed to *e a party to the suit in which the decree is
passed7 and
'*) all questions relating to the delivery of possession of such property to such purchaser
or his representative shall *e deemed to *e questions relating to the execution, discharge
or satisfaction of the decree within the meaning of this section.]
Gimit of time for execution
AB. [Execution *arred in certain cases].? ;ep. *y the limitation Act, (&0> '>0 of (&0>), s.
-B 'with effect from the (st @anuary, (&0A)
"ransferees and legal representatives
0). 7ransferee- Every transferee of a decree shall hold the same su*+ect to the
equities 'if any) which the +udgment.de*tor might have enforced against the original
decree.holder.
1.. ;egal re$resentative- '() 6here a +udgment.de*tor dies *efore the decree
has *een fully satisfied, the holder of the decree may apply to the 3ourt which passed it
to execute the same against the legal representative of the deceased.
'-) 6here the decree is executed against such legal representative, he shall *e lia*le only
to the extent of the property of the deceased which has come to his hands and has not
*een duly disposed of7 and, for the purpose of ascertaining such lia*ility, the 3ourt
executing the decree may, of its own motion or on the application of the decree.holder,
compel such legal representative to produce such accounts as it thin,s fit.
8rocedure in execution
11. Po2ers of Court to enforce execution- !u*+ect to such conditions
and limitations as may *e prescri*ed, the 3ourt may, on the application of the decree.
holder, order execution of the decree?
'a) *y delivery of any property specifically decreed7
'*) *y attachment and sale or *y the sale without attachment of any property7
'c) *y arrest and detention in prison [for such period not exceeding the period specified in
section 1B, where arrest and detention is permissi*le under that section]7
'd) *y appointing a receiver7 or
'e) in such other manner as the nature of the relief granted may require9
8rovided that, where the decree is for the payment of money, execution *y detention in
prison shall not *e ordered unless, after giving the +udgment.de*tor an opportunity of
showing cause why he should not *e committed to prison, the 3ourt, for reasons recorded
in writing, is satisfied?
'a) that the +udgment.de*tor, with the o*+ect or effect of o*structing or delaying the
execution of the decree,?
'i) is li,ely to a*scond or leave the local limits of the +urisdiction of the 3ourt, or
'ii) has, after the institution of the suit in which the decree was passed, dishonestly
transferred, concealed, or removed any part of his property, or committed any other act of
*ad faith in relation to his property, or
'*) that the +udgment.de*tor has, or has had since the date of the decree, the means to pay
the amount of the decree or some su*stantial part thereof and refuses or neglects or has
refused or neglected to pay the same, or
'c) that the decree is for a sum for which the +udgment.de*tor was *ound in a fiduciary
capacity to account.
Explanation.?In the calculation of the means of the +udgment.de*tor for the purposes of
clause '*), there shall *e left out of account any property which, *y or under any law or
custom having the force of law for the time *eing in force, is exempt from attachment in
execution of the decree.
!"A"E A#E$%#E$"!
Dttar 8radesh? In section 1( of the 3ode 3lause '**) shall *e inserted after clause '*).
/'**) *y transfer other than sale *y attachment or without attachment of any property/
[D.8. Act $o. -A of (&1A].
12. 9nforcement of decree against legal re$resentative- '()
6here a decree is passed against a party as the legal representative of a deceased person,
and the decree is for the payment of money out of the property of the deceased, it may *e
executed *y the attachment and sale of any such property.
'-) 6here no such property remains in the possession of the +udgment.de*tor and he fails
to satisfy the 3ourt that he has duly applied such property of the deceased as is proved to
have come into his possession, the decree may *e executed against the +udgment.de*tor
to the extent of the property in respect of which he has failed so to satisfy the 3ourt in the
same manner as if the decree had *een against him personally.
1&. ;ia#ilit% of ancestral $ro$ert%- or the purposes of section 1C and
section 1-, property in the hands of a son or other descendant which is lia*le under =indu
law for the payment of the de*t of a deceased ancestor, in respect of which a decree has
*een passed, shall *e deemed to *e property of the deceased which has come to the hands
of the son or other descendant as his legal representative.
10. Partition of estate or se$aration of share- 6here the decree is
for the partition of an undivided estate assessed to the payment of revenue to the
4overnment, 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 *y the 3ollector or any ga:etted
su*ordinate of the 3ollector deputed *y him in this *ehalf, in accordance with the law 'if
any) for the time *eing in force relating to the partition, or the separate possession shares,
of such estates.
Arrest and detention
11. 'rrest and detention- '() A +udgment.de*tor may *e arrested in execution
of a decree at any hour and on any day, and shall, as soon as practica*le, *e *rought
*efore the 3ourt, and his detention may *e in the civil prison of the district in which the
3ourt ordering the detention is situate, or, where such civil prison does not afford suita*le
accommodation, in any other place which the !tate 4overnment may appoint for the
detention of persons ordered *y the 3ourts of such district to *e detained9
8rovided, firstly, that, for the purpose of ma,ing an arrest under this section, no dwelling.
house shall *e entered after sunset and *efore sunrise 9
8rovided, secondly, that no outer door of a dwelling.house shall *e *ro,en open unless
such dwelling.house is in the occupancy of the +udgment.de*tor and he refuses or in any
way prevents access thereto, *ut when the officer authorised to ma,e the arrest has duly
gained access to any dwelling.house, he may *rea, open the door of any room in which
he has reason to *elieve the +udgment.de*tor is to *e found 9
8rovided, thirdly, that, if the room is in the actual occupancy of a woman who is not the
+udgment.de*tor and who according to the customs of the country does not appear in
pu*lic, the officer authorised to ma,e the arrest shall give notice to her that she is at
li*erty to withdraw, and, after allowing a reasona*le time for her to withdraw and giving
her reasona*le facility for withdrawing, may enter the room for the purpose of ma,ing
the arrest 9
8rovided, fourthly, that, where the decree in execution of which a +udgment.de*tor is
arrested, is a decree for the payment of money and the +udgment.de*tor pays the amount
of the decree and the costs of the arrest to the officer arresting him, such officer shall at
once release him.
'-) "he !tate 4overnment may, *y notification in the ?fficial 4a:ette, declare that any
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 may *e prescri*ed *y the !tate 4overnment in this
*ehalf.
'>) 6here a +udgment.de*tor is arrested in execution of a decree for the payment of
money and *rought *efore the 3ourt, the 3ourt shall inform him that he may apply to *e
declared an insolvent, and that he may *e discharged, if he has not committed any act of
*ad faith regarding the su*+ect of the application and if he complies with provisions of
the law of insolvency for the time *eing in force.
'A) 6here a +udgment.de*tor express his intention to apply to *e declared an insolvent
and furnishes security, to the satisfaction of the 3ourt, that he will within one month so
apply, and that he will appear, when called upon, in any proceeding upon the application
or upon the decree in execution of which he was arrested, the 3ourt may release him
from arrest, and, if he fails so to apply and to appear, the 3ourt may either direct the
security to *e realised or commit him to the civil prison in execution of the decree.
13. Prohi#ition of arrest or detention of 2omen in execution
of decree for mone%- $otwithstanding anything in this 8art, the 3ourt shall not
order the arrest or detention in the civil prison of a woman in execution of a decree for
the payment of money.
14. Su#sistence allo2ance- "he !tate 4overnment may fix scales,
graduated according to ran,, race and nationality, of monthly allowances paya*le for the
su*sistence of +udgment.de*tors.
15. Detention and release- <() Every person detained in the civil prison in
execution of a decree shall *e so detained,?
'a) where the decree is for the payment of a sum of money exceeding [one thousand
rupees, for a period not exceeding three months, and]
['*) where the decree is for the payment of a sum of money exceeding five hundred
rupees, *ut not exceeding one thousand rupees, for a period not exceeding six wee,s 9]
8rovided that he shall *e released from such detention *efore the expiration of the [>A]
[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 fully satisfied, or
'iii) on the request of the person on whose application he has *een so detained, or
'iv) on the omission *y the person, on whose application he has *een so detained, to pay
su*sistence allowance 9
8rovided, also, that he shall not *e released from such detention under clause 'ii) or
clause 'iii), without the order of the 3ourt.
['(A) or the removal of dou*ts, it is here*y declared that no order for detention of the
+udgment.de*tor in civil prison in execution of a decree for the payment of money 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 merely *y
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.
1). (elease on ground of illness- '() At any time after a warrant for the
arrest of a +udgment.de*tor has *een issued the 3ourt may cancel it on ground of his
serious illness.
'-) 6here a +udgment.de*tor has *een arrested, the 3ourt may release him if, in its
opinion, he is not in a fit state of health to *e detained in the civil prison.
'>) 6here a +udgment.de*tor has *een committed to the civil prison, he may *e released
therefrom,?
'a) *y the !tate 4overnment, on the ground of the existence of any infectious or
contagious disease, or
'*) *y the committing 3ourt, or any 3ourt to which that 3ourt is su*ordinate, on the
ground of his suffering from any serious illness.
'A) A +udgment.de*tor released under this section may *e re.arrested, *ut the period of
his detention in the civil prison shall not in the aggregate exceed that prescri*ed *y
section 1B.
Attachment
83.. Pro$ert% lia#le to attachment and sale in execution of
decree- '() "he following property is lia*le to attachment and sale in execution of a
decree, namely, lands, houses or other *uildings, goods, money, *an,notes, cheques, *ills
of exchange, hundis, promissory notes, 4overnment securities, *onds or other securities
for money, de*ts, shares in corporation and, save as hereinafter mentioned, all other
salea*le property, 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 may exercise for his
own *enefit,whether the same *e held in the name of the +udgment.de*tor or *y another
person in trust for him or on his *ehalf 9
8rovided that the following particulars shall not *e lia*le to such attachment or sale,
namely9?
'a) the necessary 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 *y any woman7
'*) tools of artisans, and, where the +udgment.de*tor is an agriculturist, his implements of
hus*andry and such cattle and seed.grain as may, in the opinion of the court, *e necessary
to ena*le him to earn his livelihood as such, and such portion of agricultural produce or
of any class of agricultural produce as may have *een declared to *e free from lia*ility
under the provisions of the next following section7
'c) houses and other *uildings 'with the materials and the sites thereof and the land
immediately appurtenant thereto and necessary for their en+oyment) *elonging to [>2][an
agriculturist or a la*ourer or a domestic servant] and occupied *y him7
'd) *oo,s of account7
'e) a mere right to sue for damages7
'f) any right of personal service7
'g) stipends and gratuities allowed to pensioners of the government [>B][or of a local
authority or of any other employer] or paya*le out of any service pension fund notified in
the ?fficial 4a:ette *y the 3entral 4overnment or the !tate government in this *ehalf,
and political pension7
'h) the wages of la*ourers and domestic servants, whether paya*le in money or in ,ind7
'i) salary to the extent of the first [>&][four hundred rupees] and two third of the
remainder] in execution of any decree other than a decree for maintenance.
[8rovided that where any part of such portion of the salary as is lia*le to attachment has
*een under attachment, whether continuously or intermittently, for a total period of
twenty.four months, such portion sail *e exempt from attachment until the expiry 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
twenty.four months, *e finally exempt from attachment in execution of that decree.]
['ia) one.third of the salary in execution of any decree for maintenance7]
['+) the pay and allowances of persons to whom the Air orce Act, (&1C 'A1 of (&1C), or
the Army Act, (&1C 'A0 of (&1C), or the $avy Act '0- of (&12), applies7]
',) all compulsory deposits and other sums in or derived from and fund to which the
8rovident funds Act, (&-1, '(& of (&-1), for the time *eing applies in so far as they are
declared *y the said Act not to *e lia*le to attachment7
[',a) all deposits and other sums in or derived from any fund to which the 8u*lic
8rovident und Act, (&0B '-> of (&0B) for the time *eing applies in so far as they are
declared *y the said Act as not to *e lia*le to attachment7
',*) all moneys paya*le under a policy of insurance on the life of the +udgment.de*tor7
',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 apply7]
'() any allowance forming part of the emoluments of any servant of the 4overnment or
of any servant of a railway company or local authority which the appropriate 4overnment
may *y notification in the ?fficial 4a:ette declare to *e exempt from attachment, and any
su*sistence grant for allowance made to any such servant while under suspension7
'm) an expectancy of succession *y survivorship or other merely contingent or possi*le
right or interest7
'n) a right to future maintenance7
'o) any allowance declared *y any Indian law to *e exempt from lia*ility to attachment or
sale in execution of a decree7 and
'p) where the +udgment.de*tor is a person lia*le for the payment of land.revenue7 any
mova*le property which, under any law for the time *eing applica*le to him, is exempt
from sale for the recovery of an arrears of such revenue. [Explanation I.? "he moneys
paya*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 they are actually paya*le, and, in
the case of salary, the attacha*le portion thereof is lia*le to attachment, whether *efore or
after it is actually paya*le].
Explanation II.? [In clauses '() and 'ia)], /salary/ means the total monthly emoluments,
excluding any allowance declared exempt from attachment under the provisions of clause
'() derived *y a person from his employment whether on duty or on leave].
Explanation [III]?In 3lause 'l), /appropriate 4overnment/ means?
'i) as respect any person in the service of the 3entral 4overnment, or any servant of a
;ailway Administration or of a cantonment authority or of the port authority of a ma+or
port, the 3entral 4overnment7
'ii) as respects any other [servant of the 4overnment] or a servant of any other local
authority s,illed the !tate 4overnment.
[Explanation I5.?or the purposes of this proviso, /wages/, includes *onus, and la*ourer/
includes a s,illedHuns,illed or semi.s,illed la*ourer.
Explanation 5.?or the purposes of this proviso, the expression /agriculturist/ means a
person who cultivates land personally and who depends for his livelihood mainly on the
income from agricultural land, whether as owner, tenant, partner or agricultural la*ourer.
Explanation 5I.?or the purposes of Explanation 5, an agriculturist shall *e deemed to
cultivate land personally, if he cultivates land?
'a) *y his own la*our, or
'*) *y the la*our of any mem*er of his family, or
'c) *y servants or la*ourers on wages paya*le in case or in ,ind 'not *eing as a share of
the produce), or *oth.]
'(A) $otwithstanding anything contained in any other law for the time *eing in force, an
agreement *y which a person agrees to waive the *enefit on any exemption under this
section shall *e void.]
'-) $othing in this section shall *e deemed to exempt houses and other *uildings 'with
the materials and the sites thereof and the land immediately appurtenant thereto and
necessary for their en+oyment) from attachment or sale in execution of decrees for rent of
any such house, *uilding, site or land.
!"A"E A#E$%#E$"!
Andhra 8radesh? In its application to Andhra area of the !tate of Andhra 8radesh in
section 0C'() clause 'g) of the proviso after the words /pensioners of the 4overnment/
the words /or a local authority/ shall *e inserted
[3.8.3. 'Andhra 8radesh) 'Andhra area) Amendment Act (&1C]
In its application to whole of !tate of A.8. in proviso to su*.section '() of section 0C.
'i) after clause ',) the following shall *e inserted.
/',,) amount paya*le under policies issued in pursuance of the ;ules for the Andhra
8radesh 4ovt. life Insurance and 8rovident und/.
'ii) after Explanation - insert the following9?
/Explanation -A.? 6here any sum paya*le to a 4overnment servant is exempt from
attachment under the provisions of clause ',,), such sum shall remain exempt from
attachment notwithstanding the fact that owing to the death of the 4ovt. servant it is
paya*le to same other person/
[Act $o. EI of (&1> and Act $o. E of (&0-].
In its application to =ydera*ad area of Andhra 8radesh9
'i) after clause 'g) of the proviso to section 0C '() insert the following9?
/'gg) pension granted or continued *y the 3entral 4ovt. the 4ovt. of =ydera*ad or any
other !tate 4ovt. on account of part services or present infirmities or as a compassionate
allowance and./
'ii) In Explanation -A, for the words *rac,ets and letter /3lause ',,)/ su*stitute /3lause
'gg) or 3lause ',,)/
[A.8. Act $o. E5III of (&1>].
In its application to the !tate of Andhra 8radesh9
'i) After clause ',,) of !ection 0C'() proviso the following inserted9
/',,,) amounts paya*le under the Andhra 8radesh !tate Employees amily <enefit und
;ules./
'ii) or the words /',,)I, in Explanation -A, the words /',,,) inserted.'A.8. Act $o. -A of
(&2&).
4u+arat? 'i) In section 0C'() after clause 'g) insert the following.
/'gg) stipends and gratuities allowed to pensioners of a local authority/.
'ii) Explanation (, after the word /'g)/ insert /'gg)/.
[<om*ay Act $o. GE of (&AB).
=imachal 8radesh? 'i) In section 0C '() at the end of 3lause 'c) insert the following.
/or compensation paid for such houses and *uildings 'including compensation for the
materials and the sites and the land referred to a*ove) acquired for pu*lic purpose/.
'ii) After clause 'c), clause 'cc) shall *e inserted.
/'cc) 3ompensation paid for agricultural lands *elonging to agriculturists and acquired
for pu*lic purpose/.
[3.8.3. '=.8. Amendment) Act (&10].
Jarnata,a? In section 0C '() after clause 'p) the following shall *e inserted in its
application to Jarnata,a 'except <ellary %istrict).
/'pp) 6here the +udgment.de*tor is a servant of the !tate 4ovt. who has insured his life
under the rules in force relating to the official *ranch of Jarnata,a 4ovt. Gife Insurance
%epartment9?
'() in the case of insurance effected prior to the ninth day of may, (&(( the whole of the
*onus paya*le or paid thereunder to such servant, or in the event of his death to his
nominee or other person or persons entitled to such *onus under the said rules, and
'-) in the case of Insurance effected on or after the ninth day of #ay, (&((, and such
insurance is 3ompulsory premia paya*le or paid to such servant or in the event of his
death to his nominee or other person or persons entitled to such *onus under the said
rules.
[3.8.3. '#ysore Amendment) Act, (&1-].
Jerala? After clause 'g) the following clause 'gg) shall *e inserted9?
/'gg) all moneys paya*le to the *eneficiaries under the amily <enefit !cheme for the
employee of the 4overnment of Jerala.
[Jerala Act ( of (&BB].
#aharashtra? 'i) In section 0C'() after clause 'g) of the proviso insert the following9?
/'gg) in the =ydera*ad area of the !tate of #aharashtra any pension granted or continued
*y the 3entral 4ovt. or the 4ovt. of the former !tate of =ydera*ad or any other !tate
4ovt. on account of part services or present infirmities or as a compassionate allowance
which is not covered *y clause 'g)/.
'ii) after clause ',*) insert the following9
/',**) the amounts paya*le under the policies issued in pursuance of the ;ules for the
=ydera*ad !tate Gife Insurance and 8rovident und, which are not covered under clause
',a) or ',*)/.
[#aharashtra Act $o. GE5 of (&22].
8un+a* and =aryana? 'i) In clause 'c) of the proviso to section 0C '() for the words
/occupied *y him/ su*stitute the following9?
/not proved *y the decree holder to have *een let out on rent or lent to persons other than
his father mother, wife, son, daughter, daughter in law, *rother, sister or other dependents
or left vacant for a period of a year or more/.
'ii) after clause 'c) insert the following9?
/'cc) milch animals, whether in mil, or in calf, animals used for the purposes of transport
or draught cart and open spaces or endorures *elonging to an agriculturist and required
for use in case of need for tying cattle par,ing carts or stac,ing fodder or manure.
'ccc) one main residential house and other *uildings attached to it 'with the material and
the sites there of and the land immediately appurtenant there to and necessary for there
en+oyment *elonging to a +udgment.de*tor other than an agriculturist and occupied *y
him9
8rovided that the protection afforded *y this clause shall not extend to any property
specifically charged with the de*t sought to *e recovered/.
'iii) after su*.section '-) insert the following su*.sections.
/'>) $otwithstanding any other law for the time *eing in force an agreement *y which a
de*tor agrees to waive any *enefit of any exemption under this section shall *e void.
'A) or the purposes of this section the word KagriculturistI shall include every person
whether as owner tenant partner or agricultural la*our who depends for his livelihood
mainly on income from agricultural land as defined in the 8un+a* Alienation of Gand Act.
(&(C.
'1) Every mem*er of a tri*e notified as agricultural under the 8un+a* Alienation of Gand
Act, (&CC and every mem*er of a scheduled caste shall *e presumed to *e as agriculturist
until the contrary is provided.
'0) $o order for attachment shall *e made unless the court is satisfied that the property
sought to *e attached is not exempt from attachment or sale/
[8un+a* Act $o. 5II of (&>A, (- of (&AC, 0 of (&A0 and AA of (&0C].
;a+asthan ? 'i) In clause '*) of section 0C '() after the word KAgriculturistI the words Khis
milch cattle and those li,ely to calve within two yearsI shall *e inserted.
'ii) after clause ',) of the proviso to section 0C '() insert the following.
/',,) moneys paya*le under life Insurance 3ertificates issued in pursuance of the
;a+asthan 4ovt. !ervants Insurance ;ules, (&1>/.
'iii) after Explanation > insert the following9
/Explanation A.? 6here any money paya*le to a 4ovt. servant of the state is exempt from
attachment under the provision contained in clause ',,), such money shall remain exempt
from the attachment notwithstanding the fact there owing to the death of a 4ovt. servant
it is paya*le to some other person/.
[;a+asthan Act $o. (0 of (&12 and (& of (&1B].
"amil $adu? /!ection 0C '(), clause 'g) of the proviso after the words Kstipends and
gratuties allowed to the pensioners of the 4ovt. insert the words /or of a local authority/
[3.8.3. '#adras Amendment) Act, (&1C].
Dnion "erritory of 3handigarh? !ame as in 8un+a* and =aryana
[Act $o. >( of (&00].
Dnion "erritory of 8undicherry? !ame as in "amil $adu
[Act $o. -0 of (&0B].
Dttar 8radesh? In section 0C'() after Explanation ( add the following9
/Explanation (.A.? 8articulars mentioned in clause 'c) are exempt from sale in execution
of a decree whether passed *efore or after the commencement of the 3ode of 3ivil
8rocedure 'Dnited 8rovinces) Amendment Act, (&AB for enforcement of a mortgage of
charge thereon/.
[D.8. Act $o. >1 of (&AB].
31. Partial exem$tion of agricultural $roduce- "he !tate
4overnment may, *y general or special order pu*lished in the ?fficial 4a:ette, declare
that such portion of agricultural produce, or of any class of agricultural produce, as may
appear to the !tate 4overnment to *e necessary 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 family, shall, in the case of all agriculturists or of any class of agriculturists, *e
exempted from lia*ility to attachment or sale in exaction of a decree.
32. Sei=ure of $ro$ert% in d2elling-house- '() $o person executing
any process under this 3ode directing or authori:ing sei:ure of mova*le property shall
enter any dwelling.house after sunset and *efore sunrise.
'-) $o outer door of a dwelling.house shall *e *ro,en open unless such dwelling.house is
in the occupancy of the +udgment.de*tor and he refuses or in any way prevents access
thereto, *ut when the person executing any such process has duly gained access to any
dwelling.house, he may *rea, open the door of any room in which he has reason to
*elieve any such property to *e.
'>) 6here a room in a dwelling.house is in the actual occupancy of a woman who,
according to the customs of the country, does not appear in pu*lic, the person executing
the process shall give notice to such woman that she is at li*erty to withdraw7 and, after
allowing reasona*le time for her to withdraw and giving her reasona*le facility for
widhrawing, he may enter such room for the purpose of sei:ing the property, using at the
same time every precaution, consistent with these provisions, to prevent its clandestine
removal.
3&. Pro$ert% attached in execution of decrees of several
Courts- '() 6here property not in the custody of any 3ourt is under attachment in
execution of decrees of more 3ourts than one, the 3ourt which shall receive or reali:e
such property and shall determine any claim thereto any o*+ection to the attachment
thereof shall *e the 3ourt of highest grade, or, where there is no difference in grade
*etween such 3ourts, the 3ourt under whose decree the property was first attached.
'-) $othing in this section shall *e deemed to invalidate any proceeding ta,en *y a 3ourt
executing one of such decrees.
[Explanation.?or the purposes of su*.section '-), /proceeding ta,en *y a 3ourt/ does
not include an order allowing, to a decree.holder who has purchased property at a sale
held in execution of a decree, set off to the extent of the purchase price paya*le *y him.]
30. Private alienation of $ro$ert% after attachment to #e
void- 6here an attachment has *een made, any private transfer or delivery of the
property attached or of any interest there in and any payment to the +udgment.de*tor of
any de*t, dividend or other monies contrary to such attachment, shall *e void as against
all claims enforcea*le under the attachment.
Explanation?or the purposes of this section, claims enforcea*le under an attachment
include claims for the ratea*le distri*ution of assets.
!ale
31. Purchaser>s title- 6here immova*le property is sold in execution of a
decree and such sale has *ecome a*solute, the property shall *e deemed to have vested in
the purchaser from the time when the property is sold and not from the time when the
sale *ecomes a*solute.
00. [L L L L]
34. Po2er for State Government to ma+e rules as to sales of
land in execution of decrees for $a%ment of mone%- '() "he !tate
4overnment may, *y notification in the ?fficial 4a:ette, ma,e rules for any local area
imposting conditions in respect of the sale of any class of interests in land in execution of
decrees for the payment of money, where such interests are so uncertain or undermined
as, in the opinion of the !tate 4overnment to ma,e it impossi*le to fix their value.
'-) 6hen on the date on which this 3ode came into operation in any local area, any
special rules as to sale of and in execution of decrees were in force therein, the !tate
4overnment may, *y notification in the ?fficial 4a:ette, declare such rules to *e in force,
or may *y a li,e notification, modify the same.
Every notification issued in the exercise of the powers conferred *y this su*.section shall
set out the rules so continued or modified.
['>) Every rule made under this section shall *e laid, as soon as may *e after it is made,
*efore the !tate Gegislature.]
%elegation to 3ollector of power to execute decrees against immova*le property
0B.?2-. ;ep. *y the 3ode of 3ivil 8rocedure 'Amendment) Act, (&10 '00 of (&10), s. 2.
%istri*ution of assests
4&. Proceeds of execution-sale to #e reatea#l% distri#uted
among decree-holders- '() 6here assests are held *y a 3ourt and more
persons than one have, *efore the receipt of such assests, made application to the 3ourt
for the execution of decrees for the payment of money passed against the same +udgment.
de*tor and have not o*tained satisfaction thereof, the assests, after deducting the costs of
reali:ation, shall *e retea*ly distri*uted among all such persons 9
8rovided as follows 9?
'a) where any property is sold su*+ect to a mortgage or charge, the mortgage or
incum*rancer shall not *e entitled to share in any surplus arising from such sale7
'*) where any property lia*le to *e sold in execution of a decree is su*+ect to a mortgage
or charges the 3ourt may, with the consent of the mortgagee or incum*rancer, order that
the property *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 property sold7
'c) where any immova*le property is sold in execution of a decree ordering its sale for
the discharge of an incum*rance thereon, the proceeds of sale shall *e applied?
first, in defraying the expenses of the sale7
secondly, in discharging the amount due under the decree7
thirdly, in discharging the interest and principal moneys due on su*sequent incum*rances
'if any)7 and
fourthly, ratea*ly among the holders of decrees for the payment of money against the
+udgment de*tor, who have, prior to the sale of the property, applied to the 3ourt which
passed the decree ordering such sale for execution of such decrees, and have not o*tained
satisfaction thereof.
'-) 6here all or any of the assests lia*le to *e ratea*ly distri*uted under this section are
paid to a person not entitled to receive the same, any person so entitled may sue such
person to compel him to refund the assets.
'>) $othing in this section affects any right of the 4overnment.
;esistance to execution
40. (esistance to execution- 6here the 3ourt is satisfied that the holder of
a decree for the possession of immova*le property or that the purchaser of immova*le
property sold in execution of a decree has *een resisted or o*structed in o*taining
possession of the property *y the +udgment.de*tor or some person on his *ehalf and that
such resistance or o*struction was without any +ust cause, the 3ourt may, 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 may extend to thirty days and may further
direct that the decree.holder or purchaser *e put into possession of the property.
PART III3INCIDENTAL PROCEEDIN54
3ommissions
41. Po2er of court to issue commissions. !u*+ect to such conditions
and limitations as may *e prescri*ed, the court may issue a commission.
'a) to examine any person7
'*) to ma,e a local investigation7
'c) to examine or ad+ust accounts7 or
'd) to ma,e a partition7
['e) to hold a scientific, technical, or expert investigation7
'f) to conduct sale of property which is su*+ect to speedy and natural decay and which is
in the custody of the 3ourt pending the determination of the suit7
'g) to perform any ministerial act.]
43. Commission to another Court. '() A commission for the examination
of any person may *e issued to any 3ourt 'not *eing a =igh 3ourt) situate in a !tate other
than the !tate in which the 3ourt of issue is situate and having +urisdiction in the place in
which the person to *e examined resides.
'-) Every 3ourt receiving a commission for the examination of any person under su*.
section '() shall examine him or cause him to *e examined pursuant thereto, and the
commission, when it has *een duly executed, shall *e returned together with the evidence
ta,en under it to the 3ourt 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.
44. ;etter of re?uest. In lieu of issuing a commission the 3ourt may issue a
letter of request to examine a witness residing at any place not within India.
45. Commissions issued #% foreign Courts- !u*+ect to such conditions
and limitations as may *e prescri*ed the provisions as to the execution and return of
commissions for the examination of witnesses shall apply to commissions issue *y or as
the instance of.
'a) 3ourts situate in any part of India to which the provisions of this 3ode do not extend7
or
'*) 3ourts esta*lished or continued *y the authority of the 3entral 4overnment outside
India, or
'c) 3ourts of any !tate or country outside India.
PART IV34UIT4 IN PARTICULAR CA4E4
!uits *y or against the 4overnment or pu*lic officers in their official capacity.
4). Suits #% or against Government- In a suit *y or against the
4overnment, the authority to *e named as plaintiff or defendant, as the case may *e, shall
*e?
'a) in the case of a suit *y or against the 3entral 4overnment, the Dnion of India, and
'*) in the case of a suit *y or against a !tate 4overnment, the !tate.
5.. @otice- ['()] [!ave as otherwise provided in su*.section '-), no suits shall *e
instituted against the 4overnment 'including the 4overnment of the !tate of @ammu M
Jashmir) or against a pu*lic officer in respect of any act purporting to *e done *y such
officer in his official capacity, until the expiration of two months next after notice in
writing has *een delivered to, or left at the office of?
'a) in the case of a suit against the 3entral 4overnment, except where it relates to a
railway, a !ecretary to that 4overnment7
'*) in the case of a suit against the 3entral 4overnment where it relates to railway, the
4eneral #anager of that railway7
'**) in the case of a suit against the 4overnment of the !tate of @ammu and Jashmir the
3hief !ecretary to that 4overnment or any other officer authorised *y that 4overnment in
this *ehalf7
'c) in the case of a suit against any other !tate 4overnment, a !ecretary to that
4overnment or the 3ollector of the district7
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 claims7 and the plaint shall contain a statement that such notice has *een so delivered
or left.
['-) A suit to o*tain an urgent or immediate relief against the 4overnment 'including the
4overnment of the !tate of @ammu M Jashmir) or any pu*lic officer in respect of any act
purporting to *e done *y such pu*lic officer in his official capacity, may *e instituted,
with the leave of the 3ourt, without serving any notice as required *y su*.section '()7 *ut
the 3ourt shall not grant relief in the suit, whether interim or otherwise, except after
giving to the 4overnment or pu*lic officer, as the case may *e, a reasona*le opportunity
of showing cause in respect of the relief prayed for in the suit 9
8rovided that the 3ourt 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
complying with the requirements of su*.section '().
'>) $o suit instituted against the 4overnment or against a pu*lic officer in respect of any
act purporting to *e done *y such pu*lic officer in his official capacity shall *e dismissed
merely *y reason of any error or defect in the notice referred to in su*.section '(), if in
such notice?
'a) the name, description and the residence of the plaintiff had *een so given as to ena*le
the appropriate authority or the pu*lic officer to identify the person serving the notice and
such notice had *een delivered or left at the office of the appropriate authority specified
in su*.section '(), and
'*) the cause of action and the relief claimed *y the plaintiff had *een su*stantially
indicated.]
!"A"E A#E$%#E$"!
#adhya 8radesh ? 'i) After su*.section '>) of !ection BC the following inserted9
/'A) where in a suit or proceeding referred to in ;ule >< of ?rder (, the state is +oined as
a defendant or non applicant or where the 3ourt orders +oinder of the !tate as defendant
or non applicant in exercise of powers under ;ule (C'-) of order ( such suit or
proceeding shall not *e dismissed *y reasons of ?mission of the plaintiff or applicant to
issue notice under su*.section '()/.
'ii) In su*.section '() of section BC for the words /su*.section '-)/ su*stitute /su*.section
'-) or 'A)/.
[#.8. Act $o. -& of (&AB].
51. 9xem$tion from arrest and $ersonal a$$earance- In a suit
instituted against a pu*lic officer in respect of any act purporting to *e done *y him in his
official capacity?
'a) the defendant shall not *e lia*le to arrest nor his property to attachment otherwise
than in execution of a decree, and
'*) where the 3ourt is satisfied that the defendant cannot a*sent himself from his duty
without detriment to the pu*lic service, it shall exempt him from appearing in person.
52. 9xecution of decree- '() 6here, in a suit *y or against the 4overnment or
*y or against a pu*lic officer in respect of any act purporting to *e done him in his
official capacity, a decree is passed against the Dnion of India or a !tate or, as the case
may *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 any such decree unless it remains unsatisfied for the
period of three months computed from the date of [such decree].
'>) "he provisions of su*.sections '() and '-) shall apply in relation to an order or award
as they apply in relation to a decree, if the order or award?
'a) is passed or made against the Dnion of India or a !tate or a pu*lic officer in respect of
any such act as aforesaid, whether *y a 3ourt or *y any other authority7 and
'*) is capa*le of *eing executed under the provisions of this code or of any other law for
the time *eing in force as if it were a decree.
!uits *y Alliens and *y or against oreign ;ulers, Am*assadors and Envoys
B>. 6hen aliens may sue? Alien enemies residing in India with the permission of the
3entral 4overnment, and alien friends, may sue in any 3ourt otherwise competent to try
the suit, as if they were citi:ens of India, *ut alien enemies residing in India without such
permission, or residing in a foreign country, shall not sue in any such court.
Explanation?Every person residing in a foreign country, the 4overnment of which is at
war with India and carrying on *usiness in that country without a licence in that *ehalf
granted *y the 3entral 4overnment, shall, for the purpose of this section, *e deemed to *e
an alien enemy residing in a foreign country.
50. *hen foreign State ma% sue.- A foreign !tate may sue in any
competent 3ourt9
8rovided that the o*+ect of the suit is to enforce a private right vested in the ;uler of such
!tate or in any officer of such !tate in his pu*lic capacity.
51. Persons s$eciall% a$$ointed #% Government to $rosecute
or defend on #ehalf of foreign (ulers- '() "he 3entral 4overnment
may, at the request of the ;uler of a foreign !tate or at the request of any person
competent in the opinion of the 3entral 4overnment to act on *ehalf of such ;uler, *y
order, appoint any persons to prosecute or defend any suit on *ehalf of such ;uler, and
any persons so appointed shall *e deemed to *e the recogni:ed agents *y whom
appearances, acts and applications under this 3ode may *e made or done on *ehalf of
such ;uler.
'-) An appointment under this section may *e made for the purpose of a specified suit or
of several specified suits, or for the purpose of all such suits as it may from time to time
*e necessary to prosecute or defend on *ehalf of such ;uler.
'>) A person appointed under this section may authorise or appoint any other persons to
ma,e appearances and applications and do acts in any such suit or suits as if he were
himself a party thereto.
53. Suits against foreign (ulers, 'm#assadors and 9nvo%s-
'() $o. foreign !tate may *e sued in any 3ourt otherwise competent to try the suit except
with consent of the 3entral 4overnment certified in writing *y a !ecretary to that
4overnment 9
8rovided that a person may, as a tenant of immova*le property, sue without such consent
as aforesaid[a foreign !tate] from whom he holds or claims to hold the property.
'-) !uch consent may *e given with respect to a specified suit or to several specified suits
or with respect to all suits of any specified class or classes, and may specify, in the case
of any suit or class of suits, the 3ourt in which [the foreign !tate] may *e sued, *ut it
shall to *e given, unless it appears to the 3entral 4overnment that [the foreign !tate].
'a) has instituted a suit in the 3ourt against the person desiring to sue [it], or
'*) [itself] or another, trades within the local limits of the +urisdiction of the 3ourt, or
'c) is in possession of immova*le property situate within those limits and is to *e sued
with reference to such property or for money charged thereon, or
'd) has expressly or impliedly waived the privilege accorded to [it] *y this section.
['>) Except with the consent of the 3entral 4overnment, certified in writing *y a
!ecretary to that government, no decree shall *e executed against the property of any
foreign !tate.]
'A) "he proceeding provisions of this section shall apply in relation to ?
['a) any ;uler of a foreign !tate7]
['aa)] any am*assador or Envoy of a foreign !tate 7
'*) any =igh 3ommissioner of a 3ommonwealth country7 and
'c) any such mem*er of the staff [of the foreign !tate or the staff or retinue of the
Am*assador] or Envoy of a foreign !tate or of the =igh 3ommissioner of a
3ommonwealth country as the 3entral 4overnment may, *y general or special order,
specify in this *ehalf.
[as they apply in relation to a foreign !tate].
['1) the following persons shall not *e arrested under this 3ode, namely 9 ?
'a) any ruler of a foreign !tate7
'*) any Am*assador or Envoy of a foreign !tate7
'c) any =igh 3ommissioner of a 3ommonwealth country7
'd) any such mem*er of the staff of the foreign !tate or the staff or retinue of the ;uler,
Am*assador or Envoy of a foreign !tate or of the =igh 3ommissioner of a
3ommonwealth country, as the 3entral 4overnment may, *y general or special order,
specify in this *ehalf.
'0) 6here a request is made to the 3entral 4overnment for the grant of any consent
referred to in su*.section '(), the 3entral 4overnment shall, *efore refusing to accede to
the request in whole or in part, give to the person ma,ing the request a reasona*le
opportunity of *eing heard.]
54. St%le of foreign (ulers as $arties to suits- "he ;uler of a
foreign !tate may sue, and shall *e sued, in the name of his !tate9
8rovided that in giving the consent referred to in section B0, the 3entral 4overnment may
direct that the ;uler may *e sued in the name of an agent or in any other name.
54'. Definitions of "foreign State" and "(uler" - '() In this 8art,?
'a) /foreign !tate/ means any !tate outside India which has *een recognised *y the
3entral 4overnment7 and
'*) /;uler/, in relation to a foreign !tate, means the person who is for the time *eing
recogni:ed *y the 3entral 4overnment to *e the head of that !tate.
'-) Every 3ourt shall ta,e +udicial notice of the fact ?
'a) that a state has or has not *een recogni:ed *y the 3entral 4overnment7
'*) that a person has or has not *een recogni:ed *y the 3entral 4overnment to *e the
head of a !tate.
!uits against ;ulers of former Indian !tates
54/. '$$lications of sections 51 and 53 to (ulers of former
!ndian States.- '() In the case of any suit *y or against the ;uler of any former
Indian !tate which is *ased wholly or in part upon a cause of action which arose *efore
the commencement of the 3onstitution or any proceedings arising out of such suit, the
provisions of section B1 and su*.sections '() and '>) of section B0 shall apply in relation
to such ;uler as they apply in relation to the ;uler of a foreign !tate.
'-) In this section?
'a) /former Indian !tate/ means any such Indian !tate as the 3entral 4overnment may, *y
notification in the ?fficial 4a:ette, specify for the purposes of this7
'*) /commencement of the 3onstitution/ means the -0th day of @anuary, (&1C7 and
'c) /;uler/ in relation to a former Indian !tate, has the same meaning as in article >0> of
the 3onstitution.;Interpleader
55. *here inter$leader suit ma% #e reinstituted- 6here two or
more persons claim adversely to one another the same de*ts, sum of money or other
property, mova*le or immova*le, from another person, who claims no interest therein
other than for charges or costs and who is ready to pay or deliver it to the rightful
claimant such other person may institute a suit of interpleader against all the claimants for
the purpose of o*taining a decision as to the person to whom the payment or delivery
shall *e made and of o*taining indemnity for himself9
8rovided that where any suit is pending in which the rights of all parties can properly *e
decided, no such suit of interpleader shall *e instituted.
PART V34PECIAL PROCEEDIN54
Ar*itration
B&. [Ar*itration.] ;ep. *y the Ar*itration Act, (&AC '(C of (&AC), s. A& and !ch. III
!pecial case
).. Po2er to state case for o$inion of Court- 6here any person
agree in writing to state a case for the opinion of the 3ourt, then the 3ourt shall try and
determine the same in the manner prescri*ed.
[8u*lic nuisances and other wrongful acts affecting the pu*lic]
)1. Pu#lic nuisances and other 2rongful acts affecting the
$u#lic.- ['() in the case of a pu*lic nuisance or other wrongful act affecting, or li,ely
to affect, the pu*lic, a suit for a declaration and in+unction or for such other relief as may
*e appropriate in the circumstances of the case, may *e instituted,?
'a) *y the Advocate 4eneral, or
'*) with the leave of the 3ourt, *y two or more persons, even though no special damage
has *een caused to such persons *y reason of such pu*lic nuisance or other wrongful act.]
'-) $othing in this section shall *e deemed to limit or otherwise affect any right of suit
which may exist independently of its provisions.
)2. Pu#lic charities- '() In the case of any alleged *reach of any express or
constructive trust created for pu*lic purposes of a charita*le or religious nature, or where
the direction of the 3ourt is deemed necessary for the administration of any such trust,
the Advocate.4eneral, or two or more persons having an interest in the trust and having
o*tained the [2A][leave of the 3ourt] may institute a suit, whether contentious or not, in
the principal 3ivil 3ourt of original +urisdiction or in any other 3ourt empowered in that
*ehalf *y the !tate 4overnment within the local limits of whose +urisdiction the whole or
any part of the su*+ect.matter of the trust is situate to o*tain a decree?
'a) removing any trustee7
'*) appointing a new trustee7
'c) vesting any property in a trustee7
'cc) directing a trustee who has *ee removed or a person who has ceased to *e a trustee,
to deliver possession of any trust property in his possession to the person entitled to the
possession of such property7
'd) directing accounts and inquires7
'e) declaring what proportion of the trust property or of the interest therein shall *e
allocated to any particular o*+ect of the trust7
'f) authori:ing the whole or any part of the trust property to *e let, sold, mortgaged or
exchanged7
'g) settling a scheme7 or
'h) granting such further or other relief as the nature of the case may require.
'-) !ave as provided *y the ;eligious Endowments Act, (B0> '-C of (B0>) or *y any
corresponding law in force in the territories which, immediately *efore the (st $ovem*er,
(&10, were comprised in 8art < !tates, no suit claiming any of the reliefs specified in
su*.section '() shall *e instituted in respect of any such trust as is therein referred to
except in conformity with provisions of that su*.section.
['>) "he 3ourt may alter the original purposes of an express or constructive trust created
for pu*lic purposes of a charita*le or religious nature and allow the property or income of
such trust or any portion thereof to *e applied cy press in one or more the following
circumstances, namely9?
'a) where the original purposes of the trust, in whole or in part,?
'i) have *een, as far as may *e, fulfilled7 or
'ii) cannot *e carried out at all, or cannot *e carried out according to the directions given
in the instrument creating the trust or, where there is no such instrument, according to the
spirit of the trust7
'*) where the original purposes of the trust provide a use for a part only of the property
availa*le *y virtue of the trust7 or
'c) where the property availa*le *y virtue of the trust and other property applica*le for
similar purposes can *e more effectively used in con+unction with, and to that end can
suita*ly *e made applica*le to any other purpose, regard *eing had to the spirit of the
trust and its applica*ility to common purposes7 or
'd) where the original purposes, in whole or in part, were laid down *y reference to an
area which then was, *ut has since ceased to *e, a unit for such purposes7 or
'ii) ceased, as *eing useless or harmful to the community, or
'iii) ceased to *e, in law, charita*le, or
'iv) ceased in any other way to provide a suita*le and effective method of using the
property availa*le *y virtue of the trust, regard *eing had to the spirit of the trust.]
!"A"E A#E$%#E$"!
Dttar 8radesh? After clause '*) of su*.section '() of section &- insert the following9
/'**) for delivery of possession of any trust property against a person who has ceased to
*e trustee or has *een removed/.
[D.8. Act $o. -A of (&1A].
)&. 9xercise of $o2ers of 'dvocate-General outside
$residenc%-to2ns- "he powers conferred *y sections &( and &- on the Advocate.
4eneral may, outside the presidency.towns, *e, with the previous sanction of the !tate
4overnment, exercised also *y the 3ollector or *y such officer as the !tate 4overnment
may appoint in this *ehalf.
PART VI34UPPLEMENTAL PROCEEDIN54
)0. Su$$lemental Proceedings- !n order to $revent the ends
of justice from #eing, defeated the Court ma%, if it is to
$rescri#ed,-
(a) issue a 'arra!t to arrest the defe!da!t a!d bri!. him before the Court to
sho' cause 'hy he should !ot .ive security for his a((eara!ce, a!d if he fails to
com(ly 'ith a!y order for security commit him to the civil (riso!,
(b) direct the defe!da!t to fur!ish security to (roduce a!y (ro(erty belo!.i!. to
him a!d to (lace the same at the dis(osal of the Court or order the attachme!t of
a!y (ro(erty,
(c) .ra!t a tem(orary i!=u!ctio! a!d i! case of disobedie!ce commit the (erso!
.uilty thereof to the civil (riso! a!d order that his (ro(erty be attached a!d sold,
(d) a((oi!t a receiver of a!y (ro(erty a!d e!force the (erforma!ce of his duties
by attachi!. a!d selli!. his (ro(erty,
(e) ma:e such other i!terlocutory orders as may a((ear to the Court to be =ust
a!d co!ve!ie!t.
)1. Com$ensation for o#taining arrest, attachment or
injunction on insufficient grounds- *here, in an% suit in
2hich an arrest or attachment has #een effected or a
tem$orar% injunction granted under the last $receding
section,-
(a) it a((ears to the Court that such arrest, attachme!t or i!=u!ctio! 'as a((lied
for o! i!sufficie!t .rou!ds, or
(b) the suit of the (lai!tiff fails a!d it a((ears to the Court that there 'as !o
reaso!able or (robable .rou!ds for i!stituti!. the same,
the defe!da!t may a((ly to the Court, a!d the Court may, u(o! such a((licatio!,
a'ard a.ai!st the (lai!tiff by its order such amou!t, !ot e&ceedi!. o!e thousa!d
ru(ees, as it deems a reaso!able com(e!satio! to the defe!da!t for the #6B$
#e&(e!se or i!=ury (i!cludi!. i!=ury to re(utatio!) caused to him$,
Provided that a Court shall !ot a'ard, u!der this sectio!, a! amou!t e&ceedi!.
the limits of its (eculiar =urisdictio!.
(2) A! order determi!i!. a!y such a((licatio! shall bar a!y suit for com(e!satio!
i! res(ect of such arrest, attachme!t or i!=u!ctio!.
PART VII3APPEAL4
A((eals from ori.i!al decrees
)3. '$$eal from original decree- (1) *ave 'here other'ise e&(ressly
(rovided i! the body of this Code or by a!y other la' for the time bei!. i! force,
a! a((eal shall lie from every decree (assed by a!y Court e&ercisi!. ori.i!al
=urisdictio! the Court authori2ed to hear a((eals from the decisio!s of such
Court.
(2) A! a((eal may lie from a! ori.i!al decree (assed e& (arte.
(%) -o a((eal shall lie from a decree (assed by the Court 'ith the co!se!t of
(arties.
#(7) -o a((eal shall lie, e&ce(t o! a 3uestio! of la', from a decree i! a!y suit of
the !ature co.!isable by Courts of *mall Cause, 'he! the amou!t or value of
the sub=ect)matter of the ori.i!al suit does !ot e&ceed three thousa!d ru(ees.$
96. A((eal from fi!al decree 'here !o a((eal from (relimi!ary decreeH 8here
a!y (arty a..rieved by a (relimi!ary decree (assed after the comme!ceme!t of
this Code does !ot a((eal from such decree, he shall be (recluded from
dis(ati!. its correct!ess i! a!y a((eal 'ith may be (referred from the fi!al
decree.
)5. Decision 2here a$$eal heard #% t2o or more "udges- (1)
8here a! a((eal is heard by a Ce!ch of t'o or more "ud.es, the a((eal shall be
decided i! accorda!ce 'ith the o(i!io! of such "ud.es or of the ma=ority (if a!y)
of such "ud.es.
(2) 8here there is !o such ma=ority 'hich co!curs i! a =ud.me!t varyi!. or
reversi!. the decree a((ealed from, such decree shall be co!firmed /
Provided that 'here the Ce!ch heari!. the a((eal is #68$#com(osed of t'o or
other eve! !umber of "ud.es belo!.i!. to a Court co!sisti!. of more "ud.es
tha! those co!stituti!. the Ce!ch$ a!d the "ud.es com(osi!. the Ce!ch differ i!
o(i!io! o! a (oi!t of la', they may state the (oi!t of la' u(o! 'hich they differ
a!d the a((eal shall the! be heard u(o! that (oi!t o!ly by o!e or more of the
other "ud.es, a!d such (oi!t shall be decided accordi!. to the o(i!io! of the
ma=ority (if a!y) of the "ud.es 'ho have heard the a((eal i!cludi!. those 'ho
first heard it.
(%) -othi!. i! this sectio! shall be deemed to alter or other'ise affect a!y
(rovisio! of the letters (ate!t of a!y @i.h Court.
)). @o decree to #e reversed or modified for error or
irregularit% not affecting merits or jurisdiction- -o decree shall
be reversed or substa!tially varied, !or shall a!y case be rema!ded i! a((eal o!
accou!t of a!y mis=oi!der #69$#or !o!)=oi!der$ of (arties or causes of actio! or
a!y error, defect or irre.ularity i! a!y (roceedi!.s i! the suit, !ot affecti!. the
merits of the case or the =urisdictio! of the Court.
#Provided that !othi!. i! this sectio! shall a((ly to !o!)=oi!der of a !ecessary
(arty.$
))'. @o order under section 04 to #e refused or modified
unless decision of the case is $rejudiciall% affected- 8ithout
(re=udice to the .e!erality of the (rovisio!s of sectio! 99, !o order u!der sectio!
76 shall be reversed or substa!tially varied, o! accou!t of a!y error, defect or
irre.ularity i! a!y (roceedi!. relati!. to such order, u!less such error, defect or
irre.ularity has (re=udicially affected the decisio! of the case.I
A((eals from a((ellate decrees
1... Second a$$eal- (1) *ave as other'ise e&(ressly (rovided i! the body
of this Code or by a!y other la' for the time bei!. i! force, a! a((eal shall lie to
the @i.h Court from every decree (assed i! a((eal by a!y Court subordi!ate to
the @i.h Court, if the @i.h Court is satisfied that the case i!volves a substa!tial
3uestio! of la'.
(2) A! a((eal may lie u!der this sectio! from a! a((ellate decree (assed e&
(arte.
(%) ! a! a((eal u!der this sectio!, the memora!dum of a((eal shall (recisely
state the substa!tial 3uestio! of la' i!volved i! the a((eal.
(7) 8here the @i.h Court is satisfied that a substa!tial 3uestio! of la' is i!volved
i! a!y case, it shall formulate that 3uestio!.
(A) The a((eal shall be heard o! the 3uestio! so formulated a!d the res(o!de!t
shall, at the heari!. of the a((eal, be allo'ed to ar.ue that the case does !ot
i!volve such 3uestio! /
Provided that !othi!. i! this sub)sectio! shall be deemed to ta:e a'ay or
abrid.e the (o'er of the Court to hear, for reaso!s to be recorded, the a((eal o!
a!y other substa!tial 3uestio! of la', !ot formulated by it, if it is satisfied that the
case i!volves such 3uestio!.$
1..'. @o further a$$eal in certain cases- -ot'ithsta!di!. a!ythi!.
co!tai!ed i! a!y <etters Pate!t for a!y @i.h Court or i! a!y other i!strume!t
havi!. the force of la' or i! a!y other la' for the time bei!. i! force, 'here a!y
a((eal from a! a((ellate decree or order is heard a!d decided by a si!.le "ud.e
of a @i.h Court, !o further a((eal shall lie from the =ud.me!t, decisio! or order or
such si!.le "ud.e i! such a((eal or from a!y decree (assed i! such a((eal.$
1.1. Second a$$eal on no other grounds- -o seco!d a((eal shall
lie e&ce(t o! the .rou!d me!tio!ed i! sectio! 100.
1.2. @o second a$$eal in certain suits- -o seco!d a((eal shall lie
i! a!y suit of the !ature co.!i2able by Courts of *mall Causes, 'he! the amou!t
or value of the sub=ect)matter of the ori.i!al suit does !ot e&ceed #three thousa!d
ru(ees$.
1.&. Po2er of igh Court to determine issues of fact- ! a!y
seco!d a((eal, the @i.h Court may, if the evide!ce o! the record is sufficie!t,
determi!e a!y issue !ecessary for the dis(osal of the a((eal,H
(a) 'hich has !ot bee! determi!ed by the lo'er A((ellate Court or both by the
Court of first i!sta!ce a!d the lo'er A((ellate Court, or
(b) 'hich has bee! 'ro!.ly determi!ed by such Court or Courts reaso! of a
decisio! o! such 3uestio! of la' as is referred to i! sectio! 100.$
A((eals from orders
1.0. 6rders from 2hich a$$eal lies- (1) A! a((eal shall lie from the
follo'i!. orders, a!d save as other'ise e&(ressly (rovided i! the body of this
Code or by a!y la' for the time bei!. i! force, from !o other orders/H
#Clauses (a) to (f) omitted$
(ff) a! order u!der sectio! %AA,
#(ffa) a! order u!der sectio! 91 or sectio! 92 refusi!. leave to i!stitute a suit of
the !ature referred to i! sectio! 91 or sectio! 92, as the case may be,$
(.) a! order u!der sectio! 9A,
(h) a! order u!der a!y of the (rovisio!s of this Code im(osi!. a fi!e or directi!.
the arrest or dete!tio! i! the civil (riso! of a! (erso! e&ce(t 'here such arrest or
dete!tio! is i! e&ecutio! of a decree,
(i) a!y order made u!der rules from 'hich a! a((eal is e&(ressly allo'ed by
rules,
Provided that !ot a((eal shall lie a.ai!st a!y order s(ecified i! clause (ff) save
o! the .rou!d that !o order, or a! order for the (ayme!t of a less amou!t, ou.ht
to have bee! made.
(2) -o a((eal shall lie from a!y order (assed i! a((eal u!der this sectio!.
1.1. 6ther orders- (1) *ave as other'ise e&(ressly (rovided, !o a((eal
shall lie from a!y order made by a Court i! the e&ercise of its ori.i!al or a((ellate
=urisdictio!, but, 'here a decree is a((ealed from, a!y error, defect or irre.ularity
i! a!y order, affecti!. the decisio! of the case, may be set forth as .rou!d of
ob=ectio! i! the memora!dum of a((eal.
(2) -ot'ithsta!di!. a!ythi!. co!tai!ed i! sub)sectio! (1), 'here a!y (arty
a..rieved by a! order of rema!d from 'hich a! a((eal lies does !ot a((eal
therefrom, he shall thereafter be (recluded from dis(uti!. its correct!ess.
1.3. *hat Courts to hear a$$eals- 8here a! a((eal from a!y order is
allo'ed it shall lie to the Court to 'hich a! a((eal 'ould lie from the decree i!
the suit i! 'hich such order 'as made, or 'here such order is made by a Court
(!ot bei!. a @i.h Court) i! the e&ercise of a((ellate =urisdictio!, the! to the @i.h
Court.
0e!eral (rovisio!s relati!. to a((eals
1.4. Po2ers of '$$ellate Court- (1) *ub=ect to such co!ditio!s a!d
limitatio!s as may be (rescribed, a! A((ellate Court shall have (o'erH
(a) to determi!e a case fi!ally,
(b) to rema!d a case,
(c) to frame issues a!d refer them for trial,
(d) to ta:e additio!al evide!ce or to re3uire such evide!ce to be ta:e!.
(2) *ub=ect as aforesaid, the A((ellate Court shall have the same (o'ers a!d
shall (erform as !early as may be the same duties as are co!ferred a!d im(osed
by this Code o! Courts of ori.i!al =urisdictio! i! res(ect of suits i!stituted therei!.
1.5. Procedure in a$$eals from a$$ellate decrees and
orders- 7he $rovisions of this Part relating to a$$eals from
original decree shall, so far as ma% #e, a$$l% to a$$eals-
(a) from a((ellate decrees, a!d
(b) from orders made u!der this Code or u!der a!y s(ecial or local la' i! 'hich
a differe!t (rocedure is !ot (rovided.
A((eals to the *u(reme Court
1.). *hen a$$eals lie to the Su$reme Court- *ub=ect to the
(rovisio!s i! Cha(ter 9 of Part 9 of the Co!stitutio! a!d such rules as may, from
time to time, be made by the *u(reme Court re.ardi!. a((eals from the Courts
of !dia, a!d to the (rovisio!s herei!after co!tai!ed, a! a((eal shall lie to the
*u(reme Court from a!y =ud.me!t, decree or fi!al order i! a civil (roceedi!. of a
@i.h Court, if the @i.h Court certifiesH
(i) that the case i!volves a substa!tial 3uestio! of la' of .e!eral im(orta!ce, a!d
(ii) that i! the o(i!io! of the @i.h Court the said 3uestio! !eeds to be decided by
the *u(reme Court.
110. #9alue of sub=ect matters$ Ee(. by the Code of Civil Procedure (Ame!dme!t)
Act, 196% (79 of 196%).
111. #Car of certai! a((eals$ Ee(. by the A.1. 19A0.
111A. #A((eals to Dederal Court$ Ee(. by the Dederal Court Act, 1971 (21 of
1971).
112. Savings- <1A @othing contained in this Code shall #e
deemed-
(a) to affect the (o'ers of the *u(reme Court u!der article 1%B or a!y other
(rovisio! of the Co!stitutio!, or
(b) to i!terfere 'ith a!y rules made by the *u(reme Court, a!d for the time bei!.
i! force, for the (rese!tatio! of a((eals to that Court, or their co!duct before that
Court.
(2) -othi!. herei! co!tai!ed a((lies to a!y matter of crimi!al or admiralty or
vice)admiralty =urisdictio! or to a((eals from orders a!d decrees of Pri2e Courts.
PART VIII3REFERENCE, REVIE; AND REVI4ION
11&. (eference to igh Court- *ub=ect to such co!ditio!s a!d
limitatio!s as may be (rescribed, a!y Court may state a case a!d refer the same
for the o(i!io! of the @i.h Court, a!d the @i.h Court may ma:e such order
thereo! as it thi!:s fit /
Provided that 'here the Court is satisfied that a case (e!di!. before it i!volves a
3uestio! as to the validity of a!y Act, 1rdi!a!ce or Ee.ulatio! or of a!y (rovisio!
co!tai!ed i! a! Act, 1rdi!a!ce or Ee.ulatio!, the determi!atio! of 'hich is
!ecessary for the dis(osal of the case, a!d is of o(i!io! that such Act,
1rdi!a!ce, Ee.ulatio! or (rovisio! is i!valid or i!o(erative, but has !ot bee! so
declared by the @i.h Court to 'hich that Court is subordi!ate or by the *u(reme
Court, the Court shall state a case setti!. out its o(i!io! a!d the reaso!s
therefor, a!d refer the same for the o(i!io! of the @i.h Court.
4&(la!atio!.H! this sectio! 5Ee.ulatio!5 mea!s a!y Ee.ulatio! of the Ce!.al,
Combay or Fadras Code or Ee.ulatio! as defi!ed i! the 0e!eral Clauses Act,
1896, (10 of 1896) or i! the 0e!eral Clauses Act of a *tate.
*TAT4 AF4-?F4-T*
A!dhra PradeshH ! the 4&(la!atio! to sectio! 11% after the 'ords 5a!y
Ee.ulatio! of the Ce!.al, Combay or Fadras Code5 i!sert the 'ords 5or a!y
Ee.ulatio! of the Fadras Code i! force, i! the *tate of A!dhra as it e&isted
immediately before the 1st -ov. 19AB5.
#A!dhra Ado(tio! of <a's (Ame!dme!t) orders of 19A7 a!d 19A6$.
Tamil!aduH ! the 4&(la!atio! to sectio! 11% after the 'ords 5a!y Ee.ulatio! of
the Ce!.al, Combay or Fadras Code5 i!sert the 'ords 5or a!y Ee.ulatio! of the
Fadras Code i! force i! the territories s(ecified i! *eco!d *chedule to the
A!dhra Pradesh a!d Fadras (Alteratio! of Cou!daries) Act, 19A95
#Fadras Added Territories Ada(tatio! of <a's 1rder, 19B1$.
;!io! Territory of Po!dicherryH *ome as i! Tamil -adu (Act -o. 79 of 19B2).
110. (evie2- *ub=ect as aforesaid, a!y (erso! co!sideri!. himself
a..rievedH
(a) by a decree or order from 'hich a! a((eal is allo'ed by this Code, but from
'hich !o a((eal has bee! (referred,
(b) by a decree or order from 'hich !o a((eal is allo'ed by this Court, or
(c) by a decisio! o! a refere!ce from a Court of *mall Causes, may a((ly for a
revie' of =ud.me!t to the Court 'hich (assed the decree or made the order, a!d
the Court may ma:e such order thereo! as it thi!:s fit.
111. (evision- #(1)$ The @i.h Court may call for the record of a! case 'hich
has bee! decided by a!y Court subordi!ate to such @i.h Court a!d i! 'hich !o
a((eal lies thereto, a!d if such subordi!ate Court a((earsH
(a) to have e&ercised a =urisdictio! !ot vested i! it by la', or
(b) to have failed to e&ercise a =urisdictio! so vested, or
(c) to have acted i! the e&ercise of its =urisdictio! ille.ally or 'ith material
irre.ularity,
the @i.h Court may ma:e such order i! the case as it thi!:s fit /
#Provided that the @i.h Court shall !o, u!der this sectio!, vary or reverse a!y
order made, or a!y order decidi!. a! issue, i! the course of a suit or other
(roceedi!., e&ce(t 'hereH
(a) the order, if it had bee! made i! favour of the (arty a((lyi!. for revisio!,
'ould have fi!ally dis(osed of the suit or other (roceedi!.s, or
(b) the order, if allo'ed to sta!d, 'ould occasio! a failure of =ustice or cause
irre(arable i!=ury to the (arty a.ai!st 'hom it 'as made.$
#(2) The @i.h Court shall !ot, u!der this sectio!, vary or reverse a!y decree or
order a.ai!st 'hich a! a((eal lies either to the @i.h Court or to a!y Court
subordi!ate thereto.
4&(la!atio!.H! this sectio!, the e&(ressio! 5a!y case 'hich has bee! decided5
i!cludes a!y order made, or a!y order decidi!. a! issue i! the course of a suit or
other (roceedi!..$
*TAT4 AF4-?F4-T*
Fadhya PradeshH Dor *ectio! 11A of the (ri!ci(al Act, the follo'i!. *ectio!
substituted.
511A. Eevisio!.H The @i.h Court may call for the record of a!y cases 'hich has
bee! decided by a!y Court subordi!ate to such @i.h Court a!d i! 'hich !o
a((eal lies thereto, a!d if such subordi!ate Court a((earsH
(a) to have e&ercised a =urisdictio! !ot vested i! it by la', or
(b) to have failed to e&ercise a =urisdictio! so vested, or
(c) to have acted i! the e&ercise of its =urisdictio! ille.ally or 'ith material
irre.ularity, the @i.h Court may ma:e such order i! the case as it thi!:s fit,
Provided that the @i.h Court shall !ot, u!der this sectio!, vary or reverse a!y
order made or a!y order decidi!. a! issue, i! the course of a suit or other
(roceedi!.s e&ce(t 'here/H
(a) the order, if it had bee! made i! favour of the (arty a((lyi!. for the revisio!,
'ould have fi!ally dis(osed of the suit or (roceedi!., or
(b) the order, if allo'ed to sta!d, 'ould occasio! a failure of =ustice or cause
irre(arable i!=ury to the (arty a.ai!st 'hom it 'as made.
(2) The @i.h Court shall !ot, u!der this sectio!, vary or reverse a!y decree or
order a.ai!st 'hich a! a((eal lies either to the @i.h Court or to a!y court
subordi!ate thereto.
Explanation.H ! this sectio!, the e&(ressio! 5a!y case 'hich has bee! decided5
i!cludes a!y order made, or a!y order decidi!. a! issue i! the course of a suit or
other (roceedi!..
#F.P. Act 7 of 1997$.
1rissa.H ! its a((licatio! to the *tate of 1rissa, for sectio! 11A, substitute the
follo'i!./H
511A. Eevisio!.H The @i.h Court, i! cases arisi!. out of ori.i!al suits or other
(roceedi!.s of the value e&ceedi!. o!e la:h ru(ees, a!d the ?istrict Court, i!
a!y other case, i!cludi!. a case arisi!. out of a! ori.i!al suit or other
(roceedi!.s i!stituted before the comme!ceme!t of the Code of Civil Procedure
(1rissa Ame!dme!t) Act, 1991, may call for the record of a!y case 'hich has
bee! decided by a!y Court subordi!ate to the @i.h Court or the ?istrict Court, as
the case may be, a!d i! 'hich !o a((eal lies thereto, a!d if such subordi!ate
Court a((earsH
(a) to have e&ercised a =urisdictio! !ot vested i! it by la', or
(b) to have failed to e&ercise a =urisdictio! so vested, or
(c) to have acted i! the e&ercise of its =urisdictio! ille.ally or 'ith material
irre.ularity, the @i.h Court or the ?istrict Court, as the case may be, may ma:e
such order i! the case as it thi!:s fit,
Provided that i! res(ect of cases arisi!. out of ori.i!al suits or other (roceedi!.s
of a!y valuatio! decided by the ?istrict Court, the @i.h Court alo!e shall be
com(ete!t to ma:e a! order u!der this sectio!/
Provided further that the @i.h Court or the ?istrict Court shall !ot, u!der this
sectio!, vary or reverse a!y order, i!cludi!. a! order decidi!. a! issue, made i!
the course of a suit or other (roceedi!.s, e&ce(t 'here,H
(i) the order, if so varied or reversed, 'ould fi!ally dis(ose of the suit or other
(roceedi!.s, or
(ii) the order, if allo'ed to sta!d, 'ould occasio! a failure of =ustice or cause
irre(arable i!=ury to the (arty a.ai!st 'hom it 'as made.
Explanation.H ! this sectio!, the e&(ressio! 5a!y case 'hich has bee! decided5
i!cludes a!y order decidi!. a! issue i! the course of a suit or other (roceedi!..5
#1rissa Act 2B of 1991$.
;ttar Pradesh.H ! its a((licatio! to the *tate of ;ttar Pradesh, for sectio! 11A,
substitute the follo'i!./H
511A Eevisio!.H The @i.h Court, i! cases arisi!. out of ori.i!al suits or other
(roceedi!.s of the value exceeding o!e la:h ru(ees or such hi.her amou!t
!ot e&ceedi!. five la:h ru(ees as the @i.h Court may from time to time fi&, by
!otificatio! (ublished i! the 1fficial 0a2ette i!cludi!. such suits or other
(roceedi!.s i!stituted before the date of comme!ceme!t of the ;.P. Civil <a's
(Ame!dme!t) Act, 1991, or as the case may be, the date of comme!ceme!t of
such !otificatio! a!d the ?istrict Court i! a!y other case, i!cludi!. a case arisi!.
out of a! ori.i!al suit or other (roceedi!.s i!stituted before such date, may call
for the record of a!y case 'hich has bee! decided by a!y Court subordi!ate to
such @i.h Court or ?istrict Court, as the case may be, a!d i! 'hich !o a((eal
lies thereto, a!d if such subordi!ate Court a((earsH
(a) to have e&ercised a =urisdictio! !ot vested i! it by la', or
(b) to have failed to e&ercise a =urisdictio! so vested, or
(c) to have acted i! the e&ercise of its =urisdictio! ille.ally or 'ith material
irre.ularity,
the @i.h Court or the ?istrict Court, as the case may be, may ma:e such order i!
the case as it thi!:s fit/
Provided that i! res(ect of cases arisi!. out of ori.i!al suits or other (roceedi!.s
of a!y valuatio!, decided by the ?istrict Court, the @i.h Court alo!e shall be
com(ete!t to ma:e a! order u!der this sectio!/
Provided further that the @i.h Court or the ?istrict Court shall !ot, u!der this
sectio!, vary or reverse a!y order i!cludi!. a! order decidi!. a! issue, made i!
the course of a suit or other (roceedi!., e&ce(t 'here,H
(i) the order, if so varied or reversed, 'ould fi!ally dis(ose of the suit or other
(roceedi!., or
(ii) the order, if allo'ed to sta!d, 'ould occasio! a failure of =ustice or cause
irre(arable i!=ury to the (arty a.ai!st 'hom it 'as made/
Provided also that 'here a (roceedi!. of the !ature i! 'hich the ?istrict Court
may call for the record a!d (ass orders u!der this *ectio! 'as (e!di!.
immediately before the releva!t date of comme!ceme!t referred to above, i! the
@i.h Court, such Court shall (roceed to dis(ose of the same.
Explanation.H ! this sectio!, the e&(ressio! 5a!y case 'hich has bee! decided5
i!cludes a!y order decidi!. a! issue i! the course of a suit or other (roceedi!..5
#;.P. Acts %1 of 1968 a!d 16 of 1991$
8est Ce!.alH After *ectio! 11A of the Code the follo'i!. sectio! 11AA i!serted/
5111'. District Court>s $o2ers of revision- (1) A ?istrict Court may
e&ercise all or a!y of the (o'er 'hich may be e&ercised by the @i.h Court u!der
sectio! 11A.
(2) 8here a!y (roceedi!.s by 'ay of revisio! is comme!ced before a ?istrict
Court i! (ursua!ce of the (rovisio! of sub)sectio! (1), the (rovisio!s of sectio!
11A shall, so for as may be, a((ly to such (roceedi!. a!d refere!ces to the said
sectio! B0 the @i.h Court shall be co!strued as refere!ce to the ?istrict Court.
(%) 8here a!y (roceedi!. for revisio! is comme!ced before the ?istrict Court,
the decisio! of the ?istrict Court o! such (roceedi!. shall be fi!al a!d !o further
(roceedi!. by 'ay of revisio! shall be e!tertai!ed by the @i.h Court or a!y other
Court.
(7) f a!y a((licatio! for revisio! has bee! made by a!y (arty either to the @i.h
Court u!der sectio! 11A or to the ?istrict Court u!der this sectio!, !o further
a((licatio! by the same (arty shall be e!tertai!ed by the other of them.
(A) A Court of a! Additio!al "ud.e shall have a!d may e&ercise all the (o'ers of
a ?istrict Court u!der this sectio! i! res(ect of a!y (roceedi!. 'hich may be
tra!sferred to it by or u!der a!y .e!eral or s(ecial order of the ?istrict Court5
#8est Ce!.al Act -o. 1A of 1988$.
PART I:34PECIAL PROVI4ION4 RELATIN5 TO THE HI5H COURT4
NOT <EIN5 THE COURT OF A 6UDICIAL COMMI44IONER
113. Part to a$$l% onl% to certain igh Courts- This Part a((lies
o!ly to @i.h Courts !ot bei!. the Court of a "udicial Commissio!er.
114. '$$lication of Code to igh Court.- *ave as (rovided i! this
Part or i! Part G or i! rules, the (rovisio!s of this Court shall a((ly to such @i.h
Courts.
115. 9xecution of decree #efore ascertainment of costs-
8here a!y such @i.h Court co!siders it !ecessary that a decree (assed i! the
e&ercise of its ori.i!al civil =urisdictio! should be e&ecuted before the amou!t of
the costs i!curred i! the suit ca! be ascertai!ed by ta&atio!, the Court may order
that the decree shall be e&ecuted forth'ith e&ce(t as to so much thereof as
relates to the costs,
a!d, as to so much thereof as relates to the costs, that the decree may be
e&ecuted as soo! as the amou!t of the costs shall be ascertai!ed by ta&atio!.
11). Bnauthori=ed $ersons not to address Court- -othi!. i! this
Code shall be deemed to authori2e a!y (erso! o! behalf of a!other to address
the Court i! the e&ercise of its ori.i!al civil =urisdictio!, or to e&ami!e 'it!esses,
e&ce(t 'here the Court shall have i! the e&ercise of the (o'er co!ferred by its
charter authori2ed him so to do, or to i!terfere 'ith the (o'er of the @i.h Court to
ma:e rules co!cer!i!. advocates, va:ils a!d attor!eys.
12.. Provisions not a$$lica#le to igh Court in original civil
jurisdiction- (1) The follo'i!. (rovisio!s shall !ot a((ly to the @i.h Court i!
the e&ercise of its ori.i!al civil =urisdictio!, !amely, sectio!s 1B, 16 a!d 20.
PART :3RULE4

121. 9ffect of rules in Cirst Schedule- The rules i! a Dirst *chedule
shall have effect as if e!acted i! the body of this Code u!til a!!ulted or altered i!
accorda!ce 'ith the (rovisio!s of this Part.
122. Po2er of certain igh Courts to ma+e rules- @i.h Courts
!ot bei!. the Court of a "udicial Commissio!er may, from time to time after
(revious (ublicatio!, ma:e rules re.ulati!. their o'! (rocedure a!d the
(rocedure of the Civil Courts sub=ects to their su(eri!te!de!ce, a!d may be such
rules a!!ul, alter or add to all or a!y of the rules i! the Dirst *chedule.
12&. Constitution of (ule Committees in certain States- (1) A
committee to be called the Eule Committee, shall be co!stituted at the to'!
'hich is the usual (lace of sitti!. of each of the @i.h Courts referred to i! sectio!
122.
(2) 4ach such Committee shall co!sist of the follo'i!. (erso!s, !amelyH
(a) three "ud.es of the @i.h Court established at the to'! at 'hich such
Committee is co!stituted, o!e of 'hom at least has served as a ?istrict "ud.e or
a ?ivisio!al "ud.e for three years,
(b) t'o le.al (ractitio!ers e!rolled i! that Court
(c) a "ud.e of a Civil Court subordi!ate to the @i.h Court>>>>>
>>>
(%) The members of each such Committee shall be a((oi!ted by the #@i.h
Court$, 'hich shall also !omi!ate o!e of their !umber to be Preside!t /
>>>
(7) 4ach member of a!y such Committee shall hold office for such (eriod as may
be (rescribed by the #@i.h Court$ i! this behalf, a!d 'he!ever a!y member
retires, resi.!s, dies or ceases to reside i! the *tate i! 'hich the Committee 'as
co!stituted or becomes i!ca(able of acti!. as a member of the Committee, the
said #@i.h Court$ may a((oi!t a!other (erso! to be a member i! his stead.
(A) There shall be a secretary to each such Committee 'ho shall be a((oi!ted by
the #@i.h Court$ a!d shall receiver such remu!eratio! as may be (rovided i! this
behalf by the *tate 0over!me!t.
*TAT4 AF4-?F4-T*
Assam a!d -a.ala!dH *ubstitute the follo'i!. for clause (a) sub)sectio! (2) of
sectio! 12%.
5(a) three =ud.es of the @i.h Court established at the to'! at 'hich such
committee is co!stituted, (rovided that the Chief "ustice may a((oi!t o!ly t'o
=ud.es of the @i.h Court o! the Committee if the !umber of "ud.es of the @i.h
Court does !ot e&ceed three5
#Assam Act -o. 9 of 19A%$.
Tamil -aduH ! sectio! 12% sub)sectio! (2).
(a) 5! clause (b) for the 'ords Jt'o le.al (ractitio!ersK substitute the 'ords Jthree
le.al (ractitio!ersK.5
(b) 51mit the 'ords JFadrasK i! clause (d)5.
#Tamil -adu Act -o. 1A of 1960$.
120. Committee to re$ort to igh Court.- 4very Eule Committee
shall ma:e a re(ort to the @i.h Court established at the to'! at 'hich it is
co!stituted o! a!y (ro(osal to a!!ul, alter or add to the rules i! the Dirst
*chedule or to ma:e !e' rules, a!d before ma:i!. a!y rules u!der sectio! 122
the @i.h Court shall ta:e such re(ort i!to co!sideratio!.
121. Po2er of other igh Courts to ma+e rules- @i.h Courts,
other tha! the Courts s(ecified i! sectio! 122, may e&ercise the (o'ers
co!ferred by that sectio! i! such ma!!er a!d sub=ect to such co!ditio!s as the
*tate .over!me!t may determi!e/
Provided that a!y such @i.h Court may, after (revious (ublicatio!, ma:e a rule
e&te!di!. 'ithi! the local limits of its =urisdictio! a!y rules 'hich have bee!
made by a!y other @i.h Court.
123. (ules to #e su#ject to a$$roval- Eules made u!der the
fore.oi!. (rovisio!s shall be sub=ect to the (revious a((roval of the 0over!me!t
of the *tate i! 'hich the Court 'hose (rocedure the rules re.ulate is situate or, if
that Court is !ot situate i! a!y *tate, to the (revious a((roval of Ce!tral
0over!me!t.
124. Pu#lication of rules- Eules so made a!d a((roved shall be
(ublished i! the 1fficial 0a2ette a!d shall from the date of (ublicatio! or from
such other date as may be s(ecified have the same force a!d effect, 'ithi! the
local limits of the =urisdictio! of the @i.h Court 'hich made them, as if they had
bee! co!tai!ed i! the Dirst *chedule.
125. Datters for 2hich rules ma% $rovide- (1) *uch rules shall be
!ot i!co!siste!t 'ith the (rovisio!s i! the body of this Code, but, sub=ect thereto,
may (rovide for a!y matters relati!. to the (rocedure of Civil Courts.
(2) ! (articular, a!d 'ithout (re=udice to the .e!erality of the (o'ers co!ferred
by sub)sectio! (1), such rules may (rovide for all or a!y of the follo'i!. matters,
!amely /H
(a) the service of summo!s, !otices a!d other (rocesses by (ost or i! a!y other
ma!!er either .e!erally or i! a!y s(ecified areas, a!d the (roof of such service,
(b) the mai!te!a!ce a!d custody, 'hile u!der attachme!t, of live)stoc: a!d other
movable (ro(erty, the fees (ayable for such mai!te!a!ce a!d custody, the sale
of such live)stoc: a!d (ro(erty a!d the (roceeds of such sale,
(c) (rocedure i! suits by 'ay of cou!terclaim a!d the valuatio! of such suits for
the (ur(oses of =urisdictio!,
(d) (rocedure i! .ar!ishee a!d char.i!. order either i! additio! to, or i!
substitutio! for, the attachme!t a!d sale of debts,
(e) (rocedure 'here the defe!da!t claims to be e!titled to co!tributio! or
i!dem!ity over a.ai!st a!y (erso! 'hether a (arty tot he suit or !ot,
(f) summary (rocedureH
(i) i! suits i! 'hich the (lai!tiff see:s o!ly to recover a debt or li3uidated dema!d
i! mo!ey (ayable by the defe!da!t, 'ith or 'ithout i!terest, arisi!.H
o! a co!tract e&(ress or im(lied, or
o! a! e!actme!t 'here the sum sou.ht to be recovered is a fi&ed sum of mo!ey
or i! the !ature of a debt other tha! a (e!alty, or
o! a .uara!tee, 'here the claim a.ai!st the (ri!ci(al is i! res(ect of a debt or a
li3uidated dema!d o!ly, or
o! trust, or
(ii) i! suits for the recovery of immovable (ro(erty, 'ith or 'ithout claim for re!t or
mes!e (rofits, by a la!dlord a.ai!st a te!a!t 'hose term has e&(ired or has
bee! duly determi!ed by !otice to 3uit, or has become liable to forfeiture for !o!)
(ayme!t of re!t, or a.ai!st (erso!s claimi!. u!der such te!a!t,
(.) (rocedure by 'ay of ori.i!ati!. summo!s,
(h) co!solidatio! of suits, a((eals a!d other (roceedi!.s,
(i) dele.atio! to a!y Ee.istrar, Protho!otary or Faster or other official of the
Court of a!y =udicial, 3uasi)=udicial a!d !o!)=udicial duties, a!d
(=) all forms, re.isters, boo:s, e!tries a!d accou!ts 'hich may be !ecessary or
desirable for the tra!sactio! of the busi!ess of Civil Courts.
12). Po2er of igh Court to ma+e rules as to their original
Civil Procedure- -ot'ithsta!di!. a!ythi!. i! this Code, a!y @i.h Court !ot
bei!. the Court of a "udicial Commissio!er may ma:e such rules !ot
i!co!siste!t 'ith the <etters Pate!t or order or other la' establishi!. it to
re.ulate its o'! (rocedure i! the e&ercise of its ori.i!al civil =urisdictio! as it shall
thi!: fit, a!d !othi!. herei! co!tai!ed shall affect the validity of a!y such rules i!
force at the comme!ceme!t of this Code.
1&.. Po2ers of other igh Court to ma+e rules as to matters
other than $rocedure- A @i.h Court !ot bei!. a @i.h Court to 'hich
sectio! 129 a((lies may, 'ith the (revious a((roval of the *tate 0over!me!t
ma:e 'ith res(ect to a!y matter other tha! (rocedure a!y rule 'hich a @i.h
Court for a *tate mi.ht u!der article 226 of the Co!stitutio! ma:e 'ith res(ect to
a!y such matter for a!y (art of the territories u!der its =urisdictio! 'hich is !ot
i!cluded 'ithi! the limits of a (reside!cy to'!.
1&1. Pu#lication of rules- Eules made i! accorda!ce 'ith sectio! 129 or
sectio! 1%0 shall be (ublished i! the 1fficial 0a2ette a!d shall from the date of
(ublicatio! or from such other date as may be s(ecified have the force of la'.
PART :I3MI4CELLANEOU4
1&2. 9xem$tion of certain 2omen from $ersonal
a$$earance- (1)8ome! 'ho, accordi!. to the customs a!d ma!!ers of the
cou!try, ou.ht !ot to be com(elled to a((ear i! (ublic shall be e&em(t from
(erso!al a((eara!ce i! Court.
(2) -othi!. herei! co!tai!ed shall be deemed to e&em(t such 'ome! from arrest
i! e&ecutio! of civil (rocess i! a!y case i! 'hich the arrest of 'ome! is !ot
(rohibited by this Code.
1&&. 9xem$tion of other $ersons- (1)The follo'i!. (erso!s shall be
e!titled to e&em(tio! from (erso!al a((eara!ce i! Court, !amelyH
(i) the Preside!t of !dia,
(ii) the 9ice)Preside!t of !dia,
(iii) the *(ea:er of the @ouse of the Peo(le,
(iv) the Fi!isters of the ;!io!,
(v) the "ud.es of the *u(reme Court,
(vi) the 0over!ors of *tates a!d the admi!istrators of ;!io! Territories,
(vii) the *(ea:ers of the *tate <e.islative Assemblies,
(viii) the Chairma! of the *tate <e.islative Cou!cils,
(i&) the Fi!isters of *tates,
(&) the "ud.es of the @i.h Courts, a!d
(&i) the (erso!s to 'hom sectio! 86C a((lies.>>
(%) 8here a!y (erso! claims the (rivile.e of such e&em(tio!, a!d it is
co!se3ue!tly !ecessary to e&ami!e him by commissio!, he shall (ay the costs of
that commissio!, u!less the (arty re3uiri!. his evide!ce (ays such costs.
1&0. 'rrest other than in execution of decree- The (rovisio!s of
sectio!s AA, A6 a!d A9 shall a((ly, so far as may be, to all (erso!s arrested
u!der this Code.
1&1. 9xem$tion from arrest under civil $rocess- (1) -o "ud.e,
Fa.istrate or other =udicial officer shall be liable to arrest u!der civil (rocess
'hile .oi!. to, (residi!. i!, or retur!i!. from his Court.
(2) 8here a!y matter is (e!di!. before a tribu!al havi!. =urisdictio! therei!, or
believi!. i! .ood faith that it has such =urisdictio!, the (arties thereto, their
(leader, mu:htars, reve!ue)a.e!ts a!d reco.!i2ed a.e!ts, a!d their 'it!esses
acti!. i! obedie!ce to a summo!s, shall be e&em(t from arrest u!der civil
(rocess other tha! (rocess issued by such tribu!al for co!tem(t of Court 'hile
.oi!. to or atte!di!. such tribu!al for the (ur(ose of such matter, a!d 'hile
retur!i!. from such tribu!al.
(%) -othi!. i! sub)sectio! (2) shall e!able a =ud.me!t)debtor to claim e&em(tio!
from arrest u!der a! order for immediate e&ecutio! or 'here such =ud.me!t)
debtor atte!ds to sho' cause 'hy he should !ot be committed to (erso! i!
e&ecutio! of a decree.
1&1'. 9xem$tion of mem#ers of legislative #odies from
arrest and detention under civil $rocess- 8<1A @o $erson
shall #e lia#le to arrest or detention in $rison under civil
$rocess-
(a) if he is a member ofH
(i) either @ouse of Parliame!t, or
(ii) the le.islative Assembly or <e.islative Cou!cil of a *tate, or
(iii) a <e.islative Assembly of a ;!io! territory,
duri!. the co!ti!ua!ce of a!y meeti!. of such @ouse of Parliame!t or, as the
case may be, of the <e.islative Assembly or the <e.islative Cou!cil,
(b) if he is a member of a!y committee ofH
(i) either @ouse of Parliame!t, or
(ii) the <e.islative Assembly of a *tate or ;!io! territory, or
(iii) the <e.islative cou!cil of a *tate,
duri!. the co!ti!ua!ce of a!y meeti!. of such committee,
(c) if he is a member ofH
(i) either @ouse of Parliame!t, or
(ii) a <e.islative Assembly or <e.islative Cou!cil of a *tate havi!. both such
@ouses,
duri!. the co!ti!ua!ce of a =oi!t sitti!., meeti!., co!fere!ce or =oi!t committee of
the @ouses of Parliame!t or @ouses of the *tate <e.islature, as the case may
be,
a!d duri!. the forty days before a!d after such meeti!., sitti!. or co!fere!ce.$
(2) A (erso! released from dete!tio! u!der sub)sectio! (1), shall, sub=ect the
(rovisio!s, of the said sub)sectio!,be liable to re)arrest a!d to the further
dete!tio! to 'hich he 'ould have bee! liable if he had !ot bee! released u!der
the (rovisio!s of sub)sectio! (1).
1&3. Procedure 2here $erson to #e arrested or $ro$ert% to
#e attached is outside district- (1) 8here a! a((licatio! is made that
a!y (erso! shall be arrested or that a!y (ro(erty shall be attached u!der a!y
(rovisio! of this Code !ot relati!. to the e&ecutio! of decrees, a!d such (erso!
resides or such (ro(erty is situate outside the local limits of the =urisdictio! of the
Court to 'hich the a((licatio! is made, the Court may, i! its discretio!, issue a
'arra!t of arrest or ma:e a! order of attachme!t, a!d se!d to the ?istrict Court
'ithi! the local limits of 'hose =urisdictio! such (erso! or (ro(erty reside or is
situate a co(y of the 'arra!t or order, to.ether 'ith the (robable amou!t of the
costs of the arrest or attachme!t.
(2) The ?istrict Court shall, o! recei(t of such co(y a!d amou!t, cause the arrest
or attachme!t to be made by its o'! officers, or by a Court subordi!ate to itself,
a!d shall i!form the Court 'hich issued or made such 'arra!t or order of the
arrest or attachme!t.
(%) The Court ma:i!. a! arrest u!der this sectio! shall se!d the (erso! arrested
to the Court by 'hich the 'arra!t of arrest 'as issued, u!less he sho's cause to
the satisfactio! of the former Court 'hy he should !ot be se!t to the later Court,
or u!less he fur!ishes sufficie!t security for his a((eara!ce before the later
Court or for satisfyi!. a!y decree that may be (assed a.ai!st him by that Court,
i! either of 'hich cases the Court ma:i!. the arrest shall release him.
(7) 8here a (erso! to be arrested or movable (ro(erty to be attached u!der this
sectio! is 'ithi! th local limits of the ordi!ary ori.i!al civil =urisdictio! of the @i.h
Court of "udicature at Dort 8illiam i! Ce!.al or at Fadras or at Combay, the co(y
of the 'arra!t of arrest or of the order of attachme!t, a!d the (robable amou!t of
the costs of the arrest or attachme!t, shall be se!t to the Court of *mall Causes
of Calcutta, Fadras or Combay as the case may be, a!d that Court, o! recei(t of
the co(y a!d amou!t, shall (roceed as if it 'ere the ?istrict Court.
1&4. ;anguage of su#ordinate Courts- (1) The la!.ua.e 'hich, o!
the comme!ceme!t of this Code, is the la!.ua.e of a!y Court subordi!ate to a
@i.h Court shall co!ti!ue to be the la!.ua.e of such subordi!ate Court u!til the
*tate 0over!me!t other'ise directs.
(2) The *tate 0over!me!t may declare 'hat shall be the la!.ua.e of a!y such
Court a!d i! 'hat character a((licatio!s to a!d (roceedi!.s i! such Court shall
be 'ritte!.
(%) 8here this Court re3uires or allo's a!ythi!. other tha! the recordi!. of
evide!ce to be do!e i! 'riti!. i! a!y such Court, such 'riti!. may be i! 4!.lish,
but if a!y (arty or his (leader is u!ac3uai!ted 'ith 4!.lish a ta!slatio! i!to the
la!.ua.e of the Court shall, at his re3uest, be su((lied to him, a!d the Court
shall ma:e such order as it thi!:s fit i! res(ect of the (ayme!t of the costs of
such tra!slatio!.
*TAT4 AF4-?F4-T*
Ea=astha!H Dor sub)sectio! (%) of sectio! 1%6 substitute the follo'i!./
5(%) 8herever the code re3uires or allo's a!ythi!. other tha! the recordi!. of
evide!ce to be do!e i! 'riti!. i! a!y such court, such 'riti!. shall be i! @i!di i!
?ev!a.ri *cri(t 'ith the i!ter!atio!al from of !dia! !umerals.
Provided that the court may i! its decretio! acce(t such 'riti!. i! 4!.la!d o! the
u!derta:i!. of the (arty fili!. such 'riti!., to file a @i!di tra!slatio! of the same,
'ithi! such time as may be .ra!ted by the Court a!d the o((osite (arty shall
have a co(y of such 'riti!. i! @i!di.5
#Ea=. Act -o. 6 of 198%$.
;ttar PradeshH To sectio! 1%6 (%) i!sert the follo'i!. (roviso/
5Provided that 'ith effect from such date as the *tate 0over!me!t i! co!sultatio!
'ith the @i.h Court may by !otificatio! i! the 0a2ette a((oi!t, the la!.ua.e of
every =ud.me!t, decree or order (assed o! made by such courts or classes of
courts subordi!ate to the @i.h Court a!d i! such classes of cases as may be
s(ecified shall o!ly be @i!di i! ?ev!a.ri *cri(t 'ith the i!ter!atio!al form of
!dia! !umerals5.
(;.P. Act -o. 16 of 1960).
1%8. Po'er of @i.h Court to re3uire evide!ce to be recorded i! 4!.lishH (1) The
@i.h Court may, by !otificatio! i! the 1fficial 0a2ette, direct 'ith res(ect to a!y
"ud.e s(ecified i! the !otificatio!, or falli!. u!der a descri(tio! set forth therei!,
that evide!ce i! cases i! 'hich a! a((eal is allo'ed shall be ta:e! do'! by him
i! the 4!.lish la!.ua.e a!d i! ma!!er (rescribed.
(2) 8here a "ud.e is (reve!ted by a!y sufficie!t reaso! from com(lyi!. 'ith a
directio! u!der sub)sectio! (1), he shall record the reaso! a!d cause the
evide!ce to be ta:e! do'! i! 'riti!. from his dictatio! i! o(e! Court.
*TAT4 AF4-?F4-T*
Assam, -a.ala!d, Fe.halaya, Tri(ura a!d Fa!i(urH Dor sectio! 1%8, substitute
the follo'i!. sectio!/H
51&5. Po2er of igh Court to re?uire evidence to #e record in
9nglish.- The @i.h Court may, by !otificatio!, i! the 1fficial 0a2ette, direct
'ith res(ect to a!y "ud.e s(ecified i! the !otificatio!, or falli!. u!der a
descri(tio! set forth therei! that i! cases i! 'hich a! a((eal is allo'ed, he shall
ta:e do'!, or cause to be ta:e! do'!, the evide!ce i! the 4!.lish la!.ua.e a!d
i! the form a!d ma!!er (rescribed.5
#Assam Act 2 of 1971, *tate of -a.ala!d Act 26 of 19B2$.
1&). 6ath on affidavit #% 2hom to #e administered- ! the case
of a!y affidavit u!der this CodeH
(a) a!y Court or Fa.istrate, or
#(aa) a!y !otary a((oi!ted u!der the -otaries Act, 19A2 (A% of 19A2), or$
(b) a!y officer or other (erso! 'hom a @i.h Court may a((oi!t i! this behalf, or
(c) a!y officer a((oi!ted by a!y other Court 'hich the *tate 0over!me!t has
.e!erally or s(ecially em(o'ered i! this behalf,
may admi!ister the oath to the de(o!e!t.
*TAT4 AF4-?F4-T*
;ttar PradeshH (i) for clause (b) of sectio! 1%9 substitute/
5(b) a!y (erso! a((oi!ted i! this behalf by a @i.h Court or by a district court, or5
(ii) for clause (c) of sectio! 1%9 substitute/
5(c) a!y (erso! a((oi!ted i! this behalf by such other court as the *tate 0ovt.
may, by .e!eral or s(ecial order, em(o'er i! this behalf.5
#;.P. Act -o. 11 of 1981$.
10.. 'ssessors in causes of salvage etc.- (1) ! a!y admiralty or
vice)admiralty cause of salva.e, to'a.e or collisio!, the Court, 'hether it be
e&ercisi!. its ori.i!al or its a((ellate =urisdictio! may, if it thi!:s fit, a!d shall
u(o! re3uest of either (arty to such cause, summo! to its assista!ce, i! such
ma!!er as it may direct or as may be (rescribed , t'o com(ete!t assessors, a!d
such assessors shall atte!d a!d assist accordi!.ly.
(2) 4very such assessor shall receive such fees for his atte!da!ce, to be (aid by
such of the (arties as the Court may direct or as may be (rescribed.
101. Discellaneous $roceedings- The (rocedure (rovided i! this Code
i! re.ard to suit shall be follo'ed, as far as it ca! be made a((licable, i! all
(roceedi!.s i! a!y Court of civil =urisdictio!.
#4&(la!atio!.H! this sectio!, the e&(ressio! 5(roceedi!.s5 i!cludes (roceedi!.s
u!der 1rder G, but does !ot i!clude a!y (roceedi!. u!der article 22B of the
Co!stitutio!.$
102. 6rders and notices to #e in 2riting- All orders a!d !otices
served o! or .ive! to a!y (erso! u!der the (rovisio!s of this Code shall be i!
'riti!..
10&. Postage- Posta.e, 'here char.eable o! a !otice, summo!s or letter
issued u!der this Code a!d for'arded by (ost, a!d the fee for re.isteri!. the
same, shall be (aid 'ithi! a time to be fi&ed before the commu!icatio!s made /
Provided that the *tate 0over!me!t may remit such (osta.e, or fee, or both, or
may (rescribe a scale of court)fees to be levied i! lieu thereof.
100. '$$lication for restitution- (1) 8here a!d i! so far as a decree or
a! order is #varied or reversed i! a!y a((eal, revisio! or other (roceedi!.s or is
set aside or modified i! a!y suit i!stituted for the (ur(ose the Court 'hich
(assed the decree or order$ shall, o! the a((licatio! of a!y (arty e!titled to a!y
be!efit by 'ay of restitutio! or other'ise, cause such restitutio! to be made as
'ill, so far as may be, (lace the (arties i! the (ositio! 'hich they 'ould have
occu(ied but for such decree or order or #such (art thereof as has bee! varied,
reversed, set aside or modified$, a!d, for this (ur(ose, the Court may ma:e a!y
orders, i!cludi!. orders for the refu!d of costs a!d for the (ayme!t of i!terest,
dama.es, com(e!satio! a!d mes!e (rofits, 'hich are (ro(erly #co!se3ue!tial o!
such variatio!, reversal, setti!. aside or modificatio! of the decree or order.$
#4&(la!atio!.HDor the (ur(oses of sub)sectio! (1) the e&(ressio! 5Court 'hich
(assed the decree or order5 shall be deemed to i!clude,H
(a) 'here the decree or order has bee! varied or reversed i! e&ercise of
a((ellate or revisio!al =urisdictio!, the Court of first i!sta!ce,
(b) 'here the decree or order has bee! set aside by a se(arate suit, the Court of
first i!sta!ce 'hich (assed such decree or order,
(c) 'here the Court of first i!sta!ce has ceased to e&ist or has ceased to have
=urisdictio! to e&ecute, it, the Court 'hich, if the suit 'herei! the decree or order
'as (assed 'ere i!stituted at the time of ma:i!. the a((licatio! for restitutio!
u!der this sectio!, 'ould have =urisdictio! to try such suit.$
(2) -o suit shall be i!stituted for the (ur(ose of obtai!i!. a!y restitutio! or other
relief 'hich could be obtai!ed by a((licatio! u!der sub)sectio! (1).
*TAT4 AF4-?F4-T*
;ttar PradeshH *ubstitute the follo'i!. for sub)sectio! (1) of sectio! 177 of the
Code/
5(1) 8here a!d i! so far as a decree or a! order is varied or reversed i! a((eal,
revisio! or other'ise, the Court of first i!sta!ce shall, o! the a((licatio! of a!y
(arty e!titled to a!y be!efit by 'ay of restitutio! or other'ise, cause such
restitutio! to be made, as 'ill, so for as may be, (lace the (arties i! the (ositio!
'hich they 'ould have occu(ied but for such decree or order or such (art there
of as has bee! varied or reversed, a!d for this (ur(ose, the Court may ma:e a!y
orders, i!cludi!. orders for the refused of costs a!d for the (ayme!t of i!terest,
dama.es, com(e!satio! a!d mes!e (rofits, 'hich are (ro(erly co!se3ue!tial o!
such variatio! or reversal5.
#;.P. Act -o. 27 of 19A7$.
101. 9nforcement of lia#ilit% of suret%- 8here a!y (erso!
#has fur!ished security or .ive! a .uara!tee$H
(a) for the (erforma!ce of a!y decree or a!y (art thereof, or
(b) for the restitutio! of a!y (ro(erty ta:e! i! e&ecutio! of a decree, or
(c) for the (ayme!t of a!y mo!ey, or for the fulfilme!t of a!y co!ditio! im(osed
o! a!y (erso!, u!der a! order of the Court i! a!y suit or i! a!y (roceedi!.
co!se3ue!t thereo!,
#the decree or order may be e&ecuted i! the ma!!er therei! (rovided for the
e&ecutio! of decree, !amely /H
(i) if he has re!dered himself (erso!ally liable, a.ai!st him to that e&te!t,
(ii) if he has fur!ished a!y (ro(erty as security, by sale of such (ro(erty to the
e&te!t of the security,
(iii) if the case falls both u!der clauses (i) a!d (ii) the! to the e&te!t s(ecified i!
those clauses,
a!d such (erso! shall, be deemed to be a (arty 'ithi! the mea!i!. of sectio!
76 /$
Provided that such !otice as the Court i! each case thi!:s sufficie!t has bee!
.ive! to the surety.
*TAT4 AF4-?F4-T*
;ttar PradeshH *ubstitute the follo'i!. for sectio! 17A,
517A. 8here a!y (erso! has become liable as surety or .ive! a!y (ro(erty as
security/
(a) for the (erforma!ce of a!y decree or a!y (art there of, or
(b) for the restitutio! of a!y (ro(erty ta:e! i! e&ecutio! of a!y decree, or
(c) for the (ayme!t of a!y mo!ey or for the fulfilme!t of a!y co!ditio! im(osed o!
a!y (erso!, u!der a! order of the Court i! a!y suit or i! a!y (roceedi!.
Co!se3ue!t there o!,H the decree or order may be e&ecuted i! the ma!!er
herei! (rovided for the e&ecutio! of decrees/H
(i) if he has re!dered himself (erso!ally liable, a.ai!st him to that e&te!t, a!d
(ii) if he has .ive! a!y (ro(erty as security, by sale of such (ro(erty to the e&te!t
of the security,
such (erso! shall, for the (ur(oses of a((eal, be deemed to be a (arty 'ithi! the
mea!i!. of sectio! 76/
Provided that such !otice as the Court i! each case thi!:s sufficie!t has bee!
.ive! to the surety.
Explanation/H Dor the (ur(oses of this sectio! a (erso! e!trusted by a Court 'ith
custody of a!y (ro(erty attached i! e&ecutio! of a!y decree or order shall be
deemed to have become liable as surety for the restitutio! of such (ro(erty 'ithi!
the mea!i!. of clause (b).5
#;.P. Act -o. 27 of 19A7$.
103. Proceedings #% or against re$resentatives- *ave as
other'ise (rovided by this Code or by a!y la' for the time bei!. i! force, 'here
a!y (roceedi!. may be ta:e! or a((licatio! made by or a.ai!st a!y (erso! the!
the (roceedi!. may be ta:e! or the a((licatio! may be made by or a.ai!st a!y
(erso! claimi!. u!der him.
104. Consent or agreement #% $ersons under disa#ilit%- ! all
suits to 'hich a!y (erso! u!der disability is a (arty, a!y co!se!t or a.reeme!t,
as to a!y (roceedi!. shall, if .ive! or made 'ith the e&(ress leave of the Court
by the !e&t frie!d or .uardia! for the suit, have the same force a!d effect as if
such (erso!, 'ere u!der !o disability a!d had .ive! such co!se!t or made such
a.reeme!t.
105. 9nlargement of time- 8here a!y (eriod is fi&ed or .ra!ted by the
Court for the doi!. of a!y act (rescribed or allo'ed by this Code, the Court may,
i! its discretio!, from time to time, e!lar.e such (eriod, eve! thou.h the (eriod
ori.i!ally fi&ed or .ra!ted may .ave e&(ired.
105'. (ight to lodge a caveat- (1) 8here a! a((licatio! is e&(ected to
be made, or has bee! made, i! a suit or (roceedi!.s i!stituted, or about to be
i!stituted, i! a Court, a!y (erso! claimi!. a ri.ht to a((ear before the Court o!
the heari!. of such a((licatio! may lod.e a caveat i! res(ect thereof.
(2) 8here a caveat has bee! lod.ed u!der sub)sectio! (1), the (erso! by 'hom
the caveat has bee! lod.ed (herei!after referred to as the caveator) shall serve a
!otice of the caveat by re.istered (ost, ac:!o'led.eme!t due, o! the (erso! by
'hom the a((licatio! has bee! or is e&(ected to be, made, u!der sub)sectio!
(1).
(%) 8here, after a caveat has bee! lod.ed u!der sub)sectio! (1), a!y a((licatio!
is filed i! a!y suit or (roceedi!., the Court, shall serve a !otice of the a((licatio!
o! the caveator.
(7) 8here a !otice of a!y caveat has bee! served o! the a((lica!t, he shall
forth'ith fur!ish the caveator at the caveatorKs e&(e!se, 'ith a co(y of the
a((licatio! made by him a!d also 'ith co(ies of a!y (a(er or docume!t 'hich
has bee!, or may be, filed by him i! su((ort of the a((licatio!.
(A) 8here a caveat has bee! lod.ed u!der sub)sectio! (1), such caveat shall !ot
rema! i! force after the e&(iry of !i!ety days from the date o! 'hich it 'as
lod.ed u!less the a((licatio! referred to i! sub)sectio! (1) has bee! made
before the e&(iry of the said (eriod.$
10). Po2er to ma+e u$ deficienc% of court-fees- 8here the
'hole or a!y (art of a!y fee (rescribed for a!y docume!t by the la' for the time
bei!. i! force relati!. to court)fees has !ot bee! (aid, the Court may, i! its
discretio!, at a!y sta.e, allo' the (erso!, by 'hom such fee is (ayable, to (ay
the 'hole or (art, as the case may be, of such court)fee, a!d u(o! such (ayme!t
the docume!t, i! res(ect of 'hich such fee is (ayable, shall have the same force
a!d effect as if such fee had bee! (aid i! the first i!sta!ce.
11.. 7ransfer of #usiness- *ave as other'ise (rovide, 'here the
busi!ess of a!y Court is tra!sferred to a!y other Court, the Court to 'hich the
busi!ess is so tra!sferred shall have the same (o'ers a!d shall (erform the
same duties as those res(ectively co!ferred a!d im(osed by or u!der this Code
u(o! the Court from 'hich the busi!ess 'as so tra!sferred.
111. Saving of inherent $o2ers of Court- -othi!. i! this Code shall
be deemed to limit or other'ise affect the i!here!t (o'er of the Court to ma:e
such orders as may be !ecessary for the e!ds of =ustice or to (reve!t abuse of
the (rocess of the Court.
112. 'mendment of judgments, decrees or orders- Clerical or
arithmetical mista:es i! =ud.me!ts, decrees or orders or errors arisi!. therei!
from a!y accide!tal sli( or omissio! may at a!y time be corrected by the Court
either of its o'! motio! or o! the a((licatio! of a!y of the (arties.
11&. General $o2er to amend- The Court may at a!y time a!d o! such
terms as to costs or other'ise as it may thi!: fit, ame!d a!y defect or error i!
a!y (roceedi!. i! a suit, a!d all !ecessary ame!dme!ts shall be made of the
(ur(ose of determi!i!. the real 3uestio! or issue raised by or de(e!di!. o! such
(roceedi!..
11&'. Po2er to amend decree or order 2here a$$eal is
summaril% dismissed.- 8here a! A((ellate Court dismisses a! a((eal
u!der rule 11 of 1rder G<, the (o'er of the Court to ame!d, u!der sectio! 1A2,
the decree or order a((ealed a.ai!st may be e&ercised by the Court 'hich had
(assed the decree or order i! the first i!sta!ce, !ot'ithsta!di!. that the
dismissal of the a((eal has the effect of co!firmi!. the decree or order, as the
case may be, (assed by the Court of first i!sta!ce.
11&/. Place of trial to #e deemed to #e o$en Court- The (lace
i! 'hich a!y Civil Court is held for the (ur(ose of tryi!. a!y suit shall be deemed
to be a! o(e! Court, to 'hich the (ublic .e!erally may have access so far as the
same ca! co!ve!ie!tly co!tai! them /
Provided that the (residi!. "ud.e may, if he thi!:s fit, order at a!y sta.e of a!y
i!3uiry i!to or trial of a!y (articular case, that the (ublic .e!erally or a!y
(articular (erso!, shall !ot have access to, or be or remai! i!, the room or
buildi!. used by Court.$
154. [Saving of present right of appeal]? Rep. by the Repealing and
Amending Act, 15! "4# of 15!$, s. ! and Sch. %.
155. [Amendment of certain Acts]? Rep. by the Repealing and
Amending Act, 15! "4# of 15!$, s. ! and Sch. %.
15&. [Repeals]? Rep. by the Second Repealing and Amending Act,
114 "1' of 114$, s. ( and Sch. %%.
114. Continuance of orders under re$ealed enactments.-
-otificatio!s (ublished, declaratio!s a!d rules made, (laces a((oi!ted,
a.reeme!ts filed, scales (rescribed, forms framed, a((oi!tme!ts made a!d
(o'ers co!ferred u!der Act 8 of 18A9 or u!der a!y Code of Civil Procedure or
a!y Act ame!di!. the same or u!der a!y other e!actme!t hereby re(ealed shall,
so far as they are co!siste!t 'ith this Code, have the same force a!d effect is if
they had bee! res(ectively (ublished, made, a((oi!ted, filed, (rescribed, framed
a!d co!ferred u!der this Code a!d by the authority em(o'ered thereby i! such
behalf.
115. (eference to Code of Civil Procedure and other
re$ealed enactments.- ! every e!actme!t or !otificatio! (assed or
issued before the comme!ceme!t of this Code i! 'hich refere!ce is made to or
to a!y Charter or sectio! of Act 8 of 18A9 or a!y Code of Civil Procedure or a!y
Act ame!di!. the same or a!y other e!actme!t hereby re(ealed, such refere!ce
shall, so far as may be (racticable, be ta:e! to be made to this Code or to its
corres(o!di!. Part, 1rder, sectio! or rule.