The Code Of Civil Procedure 1908 (CPC 1908)

Bare Act Overview

All Sections

Last Updated:17-9-2021

Preliminary

Part I Suits In General

Jurisdiction Of The Courts And Res Judicata

Section 9. Courts to try all civil suits unless barred.
Section 10. Stay of suit.
Section 11. Res judicata.
Section 12. Bar to further suit.
Section 13. When foreign judgment not conclusive.
Section 14. Presumption as to foreign judgments.

Place Of Suing

Institution Of Suits

Section 26. Institution of suits.

Summons And Discovery

Judgment And Decree

Section 33. Judgment and decree.

Interest

Section 34. Interest.

Costs

Part II Execution - The Code Of Civil Procedure 1908 (CPC 1908)

General

Section 36. Application to orders.
Section 37. Definition of Court which passed a decree.

Courts By Which Decrees May Be Executed

Section 38. Court by which decree may be executed.
Section 39. Transfer of decree.
Section 40. Transfer of decree to Court in another State.
Section 41. Result of execution proceedings to be certified.
Section 42. Powers of Court in executing transferred decree.
Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
Section 44A. Execution of decrees passed by Courts in reciprocating territory.
Section 45. Execution of decrees outside India.
Section 46. Precepts.

Questions To Be Determined By Court Executing Decree

Section 47. Questions to be determined by the Court executing decree.

Limit Of Time For Execution

Section 48. [Repealed.].

Transferees And Legal Representatives

Section 49. Transferee.
Section 50. Legal representative.

Procedure In Execution

Section 51. Powers of Court to enforce execution.
Section 52. Enforcement of decree against legal representative.
Section 53. Liability of ancestral property.
Section 54. Partition of estate or separation of share.

Arrest And Detention

Section 55. Arrest and detention.
Section 56. Prohibition of arrest or detention of women in execution of decree for money.
Section 57. Subsistence-allowance.
Section 58. Detention and release.
Section 59. Release on ground of illness.

Attachment

Section 60. Property liable to attachment and sale in execution of decree.
Section 61. Partial exemption of agricultural produce.
Section 62. Seizure of property in dwelling house.
Section 63. Property attached in execution of decrees of several Courts.
Section 64. Private alienation of property after attachment to be void.

Sale

Section 65. Purchaser’s title.
Section 66. [Repealed.].
Section 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money.

Delegation To Collector Of Power To Execute Decrees Against Immovable Property

Distribution Of Assets

Section 73. Proceeds of execution-sale to be rateably distributed among decree-holders.

RESISTANCE TO EXECUTION

Section 74. Resistance to execution.

PART III Incidental Proceedings

COMMISSIONS

Part IV Suits In Particular Cases

Suits By Or Against The Government Or Public Officers In Their Official Capacity

Section 79. Suits by or against Government.
Section 80. Notice.
Section 81. Exemption from arrest and personal appearance.
Section 82. Execution of decree.
Section 83. When aliens may sue.

Suits By Aliens And By Or Against Foreign Rulers, Ambassadors And Envoys

Section 84. When foreign States may sue.
Section 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
Section 86. Suits against foreign Rulers, Ambassadors and Envoys.
Section 87. Style of foreign Rulers as parties to suits.
Section 87A. Definitions of “foreign State” and “Ruler” Suits Against Rulers Of Former Indian States
Section 87B. Application of sections 85 and 86 to Rulers of former Indian States. Interpleader
Section 88. Where interpleader-suit may be instituted.

Part V Special Proceedings

Arbitration

Section 89. Settlement of disputes outside the Court.
Section Special Case
Section 90. Power to state case for opinion of Court.

Public Nuisances And Other Wrongful Acts Affecting The Public

Section 91. Public nuisances and other wrongful acts affecting the public.
Section 92. Public charities.
Section 93. Exercise of powers of Advocate-General outside presidency-towns.

PART VI Supplemental Proceedings

Part VII Appeals

Appeals From Original Decrees

Section 96. Appeal from original decree.
Section 97. Appeal from final decree where no appeal from preliminary decree.
Section 98. Decision where appeal heard by two or more Judges.
Section 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
Section 99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.

Appeals From Appellate Decrees

Section 100. Second appeal.
Section 100A. No further appeal in certain cases.
Section 101. Second appeal on no other grounds.
Section 102. No second appeal in certain cases.
Section 103. Power of High Court to determine issues of fact.

Appeals From Orders

Section 104. Orders from which appeal lies.
Section 105. Other orders.
Section 106. What Courts to hear appeals.

General Provisions Relating To Appeals

Section 107. Powers of Appellate Court.
Section 108. Procedure in appeals from appellate decrees and orders.

Appeals To The Supreme Court

Section 109. When appeals lie to the Supreme Court.
Section 110. [Omitted.].
Section 111. [Omitted.].
Section 111A. [Omitted.].
Section 112. Savings.

Part VIII Reference, Review And Revision

Part IX Special Provisions Relating To The High Courts Not Being

The Court Of A Judicial Commissioner

Part X Rules

Part XI Miscellaneous

The First Schedule