The Code Of Civil Procedure, 1908

chandigarh · 1908

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S. 1Section 1 allows courts to grant time and adjourn hearings, and to fix costs for adjournments.
S. 2It has been extended to the State of Manipur (w
S. 3Section 3 of the Code of Civil Procedure, 1908 (Chandigarh) mandates an inquiry into mesne profits until possession is delivered to the decree-holder or three years post-decree.
S. 3AThe court can, on its own, request a party to admit or deny a document at any stage of the proceedings.
S. 46
S. 5No
S. 6Section 6 allows defendants to present a written statement for set-off claims in money recovery suits, enabling the court to issue a final judgment on both claims.
S. 6BSection 6B requires defendants to specify in their written statement if they are making a counter-claim.
S. 6CSection 6C allows plaintiffs to request court exclusion of defendant's counter-claim for independent suit before issues are settled.
S. 6DSection allows counter-claim to proceed even if plaintiff's suit is stayed, discontinued, or dismissed.
S. 6EIf plaintiff fails to reply to a counter-claim, court may rule against plaintiff on the counter-claim.
S. 6FSection 6F allows the court to give judgment to the party entitled to a balance when a counter-claim is successful in a suit.
S. 6GSection 6G applies rules for defendant's written statement to counter-claim responses.
S. 7Section allows plaintiff to join multiple defendants when unsure of who to sue, and permits one person to represent all with the same interest in a suit.
S. 8Section 8 mandates re-sale of property if purchase-money isn't paid, with deposit forfeited if expenses are covered.
S. 9The following debts are due to me:—C0 (give particulars) (a) Form
S. 10Section 10 allows courts to correct improper parties in a suit, adding or striking out plaintiffs or defendants as needed.
S. 10BSection 10B allows the appellate court to transfer a suit to the proper court if the plaintiff requests, without needing the defendant to be summoned again.
S. 11Section 11 prevents courts from trying cases where the same issue was already decided in a previous suit between the same parties.
S. 11A13
S. 12Section 12 allows courts to fine or sell a witness's property for failing to appear or satisfy the court.
S. 13Section 13 allows a defendant to apply to set aside an ex parte decree if summons was not served or they had a valid reason for not appearing.
S. 1471
S. 15Section 15 mandates that individuals summoned to give evidence or produce documents in a suit must attend and fulfill their obligations as specified in the summons.
S. 16Section 16 specifies where suits concerning immovable property or movable property under distraint must be filed based on property location.
S. 17[Appeals to Federal Court]
S. 18Section 18 allows courts to proceed with suits on uncertain property jurisdiction, ensuring fair trial despite jurisdictional doubts.
S. 19Section 19 of The Code Of Civil Procedure, 1908 (Chandigarh) orders the stay of decree execution until the court cancels the notice or execution is applied for by the decree holder or debtor.
S. 20Section 20 specifies where to file a civil suit based on the defendant's residence or business location.
S. 20A[Service of summons by post
S. 21Section 21 restricts objections to jurisdiction from being raised in appellate courts unless raised early in the original court, barring suits to set aside decrees based on place of suing.
S. 22Section 22 allows defendants to request transfer of a suit to another court if it can be instituted in multiple courts.
S. 23To what Court application lies
S. 24Section 24 allows High or District Courts to transfer or withdraw cases to or from other competent subordinate courts.
S. 25Section 25 details procedures for serving summons on defendants residing outside India without local agents.
S. 26Section 26 outlines the procedure for instituting suits, including the use of plaints or other prescribed methods.
S. 26ASection allows sending summonses to foreign territory officials for defendants residing there, with returned endorsements deemed proof of service.
S. 27Section 27 allows the court to send summons to a public officer's head office for service.
S. 28Section 28 allows summons to be sent to another state for service, with translation into Hindi or English if necessary.
S. 29Section 29 mandates service of summons and its return with acknowledgment if possible, or a statement of impossibility if service fails.
S. 30The section allows courts to substitute a letter for a summons for defendants of high rank.
S. 31Section 31 applies rules for summonses to witnesses for evidence or document production.
S. 32The court can enforce attendance of a summoned person by arrest, property seizure, fines, or security.
S. 33Section 33 mandates the court to pronounce judgment after hearing the case, with a decree automatically following the judgment.
S. 34Section 34 allows courts to order interest on money decrees, with specific rates and conditions for commercial transactions.
S. 35Section 35 grants courts discretion to determine costs and payment terms in civil suits, regardless of jurisdiction.
S. 35ASection 35A allows courts to award compensatory costs for false or vexatious claims or defenses.
S. 37Section 37 specifies which courts have jurisdiction to execute decrees, including the original court and others if applicable.
S. 38Section 38 allows a decree to be executed by either the original court or a designated executing court.
S. 39Section 39 allows a court to transfer a decree for execution to another court if certain conditions regarding the defendant's residence or property are met.
S. 40Section 40 allows a decree to be transferred and executed in another state as per that state's rules.
S. 41Result of execution proceedings to be certified
S. 42Section 42 grants the executing court the same powers to enforce transferred decrees as if it originally passed them.
S. 43Section 43 allows decrees from courts outside the Code's jurisdiction to be executed within its territories.
S. 44Execution of decrees passed by Revenue Court in places to which this Code does not extend
S. 44ASection 44A allows decrees from reciprocating territories' superior courts to be executed in India as if passed by a District Court.
S. 45Section 45 allows Indian state courts to send decrees for execution to courts outside India, with a Pondicherry amendment for pre-Code judgments.
S. 46Section 46 allows attachment of unsecured debts, shares, and other movable property not in the judgment-debtor's possession.
S. 47Section 47 specifies that all execution-related questions in a decree must be resolved by the executing court, not through a separate suit.
S. 48[Execution barred in certain cases]
S. 49Section 49 states that a transferee of a decree holds it subject to any equities the judgment debtor could enforce against the original decree-holder.
S. 50Section 50 allows a decree holder to execute against a deceased debtor's legal representative for remaining unpaid debt.
S. 51Section 51 of the Code of Civil Procedure, 1908 (Chandigarh) authorizes the court to enforce decree execution through various means including property sale or imprisonment.
S. 52Section 52 allows execution of a decree against a legal representative for unpaid property of a deceased person.
S. 53Section 53 deems ancestral property in a descendant's hands as deceased ancestor's property for debt payment.
S. 54Section 54 mandates partition or separation of estate shares by Collector or deputed official per applicable partition laws.
S. 55Section 55 allows for the arrest and detention of a judgment-debtor to enforce a decree, with specific conditions on arrest times and methods.
S. 56Section 56 prohibits the arrest or detention of women in civil prisons for money decrees.
S. 57The section allows the State Government to set monthly subsistence allowances for judgment-debtors based on rank, race, and nationality.
S. 58Section 58 outlines the conditions for detention and release of debtors in civil prison for unpaid money decrees.
S. 59Section 59 allows courts to cancel arrest warrants or release judgment-debtors due to serious illness or health issues.
S. 61The section allows the State Government to exempt certain agricultural produce from attachment or sale to support judgment-debtors and their families.
S. 62Section 62 regulates the seizure of movable property from dwelling-houses, prohibiting entry at night and requiring notice to women before entering their rooms.
S. 63Section 63 determines which court handles property attached under multiple decrees, prioritizing the highest-grade court or the first attaching court.
S. 64Section 64 voids private transfers or payments of attached property after attachment, safeguarding claims enforceable under it.
S. 65Section 65 states that when property is sold in execution of a decree and becomes absolute, it vests in the purchaser from the sale date.
S. 66—
S. 67Section 67 empowers the State Government to create rules for land sales in execution of money decrees where land interests are uncertain.
S. 73Section 73 outlines the equitable distribution of proceeds from asset sales among multiple decree-holders.
S. 74Section 74 allows courts to detain judgment-debtors obstructing decree-holders from property possession and order their possession.
S. 75Section 75 allows the court to issue commissions for examinations, investigations, account adjustments, partitions, and property sales.
S. 76Section 76 allows issuing a commission for examining a person to a court in another state with jurisdiction.
S. 77The section allows courts to issue a letter of request instead of a commission to examine witnesses outside India.
S. 78Section 78 allows execution and return of foreign court commissions under prescribed conditions for witnesses.
S. 79Specifies which entity should be named in suits against or by the Central or State Government.
S. 80Section 80 requires a two-month notice to be given to specific government officials before filing a suit against the government or a public officer in their official capacity.
S. 81Section 81 exempts public officers from arrest and personal appearance in suits related to their official acts, unless for decree execution.
S. 82Section 82 delays execution of decrees against the government or public officers for acts done in official capacity for three months.
S. 83Section 83 allows alien enemies and friends residing in India with government permission to sue as Indian citizens.
S. 84When foreign State may sue
S. 85Section 85 allows the Central Government to appoint agents to represent foreign rulers in civil suits.
S. 86Suits against foreign Rulers, Ambassadors and Envoys— (1) No
S. 87Section 87 allows foreign rulers to sue and be sued in their state's name, with the Central Government's option to use an agent's name.
S. 87ASection 87A defines "foreign State" and "Ruler" and mandates courts to recognize state recognition by the Central Government.
S. 87BApplications of sections 85 and 86 to Rulers of former Indian States
S. 88Section 88 allows a person to file an interpleader suit to determine rightful ownership of a disputed debt or property.
S. 89[Arbitration
S. 90Section 90 allows a court to try and determine a case for an opinion when a person agrees in writing to present it.
S. 91Public nuisances and other wrongful acts affecting the public
S. 92Section 92 allows interested parties to sue for management or control of public charitable trusts, with specific exceptions for religious endowments.
S. 93Section 93 allows the Collector or appointed officer to exercise Advocate-General's powers outside presidency-towns with State Government's consent.
S. 94Section 94 allows courts to take various measures to ensure defendants comply with court orders and appear in court.
S. 95Section 95 allows defendants to receive compensation for arrests or injunctions obtained on insufficient grounds.
S. 96Section 96 allows appeals from original decrees unless otherwise specified, including ex parte decrees, but not from decrees with party consent.
S. 97Repeal and savings
S. 98Section 98 outlines how appeals are decided when heard by two or more judges, specifying majority opinion rules and special law point procedures.
S. 99Section 99 prevents reversal of decrees due to procedural errors unless they affect the case's merits or court's jurisdiction.
S. 101Second appeal on no other grounds— No second appeal shall lie except on the ground mentioned in section 100
S. 102Section 102 prohibits second appeals in small claims under ₹3,000, except for High Court fact issue resolution.
S. 104Section 104 specifies which orders from the Code of Civil Procedure, 1908, are appealable except under specific conditions.
S. 105Section 105 restricts appeals from most court orders but allows objections to orders in appeal cases, barring later disputes if not appealed.
S. 106Section 106 specifies where appeals from allowed orders are to be heard, either in the original court or High Court.
S. 107Section 107 grants an appellate court powers to determine cases, remand them, frame issues, and take additional evidence.
S. 108Section 108 outlines the procedure for appeals from appellate decrees and orders under the Code.
S. 109Section 109 allows appeals to the Supreme Court from High Court civil judgments if the High Court deems the case involves a significant legal question needing Supreme Court resolution.
S. 110[Value of subject matters] Rep
S. 111[Bar of certain appeals] Rep
S. 111A[Appeals to Federal Court] Rep
S. 112Section 112 preserves Supreme Court powers and rules, and excludes criminal, admiralty, and Prize Court appeals from this Code.
S. 113Section 113 allows courts to refer complex legal questions to the High Court for its opinion.
S. 114Section 114 allows aggrieved parties to request a review of certain judgments or orders from the original court.
S. 115The section allows the High Court to review and correct decisions of subordinate courts where no appeal exists, if they acted illegally or improperly.
S. 116Part to apply only to certain High Courts— This Part applies only to High Courts not being the Court of a Judicial Comm
S. 117Application of Code to High Court
S. 118Section 118 allows a High Court to execute a decree before determining the costs, except for cost-related amounts which will be executed post-cost assessment.
S. 119Section 119 prohibits unauthorized individuals from addressing the court or examining witnesses in civil cases.
S. 120Section 120 exempts certain provisions from applying to the High Court's original civil jurisdiction.
S. 121Section 121 makes rules in the First Schedule part of the Code until changed or canceled.
S. 122Section 122 allows High Courts to create rules for their own and subordinate civil court procedures, amending First Schedule rules.
S. 123Section 123 establishes Rule Committees in certain states, consisting of High Court judges, legal practitioners, and a civil court judge, to be appointed by the High Court.
S. 124Committee to report to High Court
S. 125Section 125 allows other High Courts to make rules extending rules from other High Courts within their jurisdiction.
S. 126Section 126 requires the approval of the State or Central Government for rules made under the Code of Civil Procedure.
S. 127Section 127 mandates publication of approved rules in the Official Gazette with effect within the High Court's jurisdiction.
S. 128Section 128 allows rules to regulate civil court procedures, including service of processes, property custody, counterclaims, and summary procedures for debt recovery.
S. 129The High Court can make rules to regulate its own procedure for original civil jurisdiction, not conflicting with established laws.
S. 130Section 130 allows a High Court to make rules on matters other than procedure, with state government approval.
S. 131Section 131 mandates publication of rules in the Official Gazette, making them legally effective from the date of publication or a specified date.
S. 132Section exempts certain women from appearing in court if they are not supposed to appear in public according to local customs.
S. 133Section 133 exempts specified high-ranking officials from personal court appearances, with exceptions for commissions.
S. 134Section 134 applies provisions for arrest in execution of decrees to all arrests under this Code.
S. 135Section 135 exempts judges, magistrates, tribunal parties, and witnesses from arrest under civil process except for tribunal contempt or execution orders.
S. 135ASection 135A exempts members of legislative bodies from arrest or detention during legislative meetings.
S. 136Section 136 allows a court to issue arrest or property attachment warrants for persons or property outside its jurisdiction, directing another court to execute them.
S. 137Section 137 specifies the language of subordinate courts in Chandigarh, allowing continuation of existing language until the State Government changes it.
S. 138The section empowers the High Court to mandate that evidence in appeals be recorded in English by specified judges.
S. 139Section 139 specifies who can administer oaths for affidavits under the Code of Civil Procedure in Chandigarh.
S. 140Assessors in causes of salvage etc
S. 141Section 141 applies the procedure for suits to miscellaneous civil proceedings, excluding those under Article 226.
S. 142Section 142 mandates that all orders and notices under this Code must be provided in writing.
S. 143Section 143 specifies postage and registration fees for legal documents under the Code, with government authority to remit or replace them.
S. 144Section 144 allows restitution in civil cases when a decree or order is varied, reversed, set aside, or modified, to restore parties to their prior positions.
S. 145Section 145 allows the enforcement of a surety's liability by sale of their security or personal liability for court orders or decrees.
S. 146Section 146 allows legal actions to be taken against representatives claiming under the original person.
S. 147Section 147 allows consent or agreements in suits involving persons under disability, provided they have court-approved next friend or guardian approval.
S. 148Section 148 allows courts to extend time limits for actions under the Code and outlines caveat lodging procedures for anticipated applications.
S. 149The court can allow a deficiency in court fees to be paid later, making the document valid as if fully paid upfront.
S. 150Section 150 allows transferred court business to continue with same powers and duties as original court.
S. 151Section 151 preserves the court's inherent authority to issue necessary orders to ensure justice and prevent misuse.
S. 152Section 152 allows courts to correct clerical or arithmetical errors in judgments, decrees, or orders at any time.
S. 153The section allows courts to correct procedural defects in suits and amend decrees when appeals are dismissed.
S. 153BSection 153B designates the civil court's trial venue as an open court accessible to the public, though the judge may restrict access for specific cases.
S. 154[Saving of present right of appeal]— Rep
S. 155[Amendment of certain Acts]— Rep
S. 156[Repeals]— Rep
S. 157Continuance of orders under repealed enactments
S. 158Reference to Code of Civil Procedure and other repealed enactments
S. 1870Plaintiff's mill began to work
S. 1871Plaintiff came into possession
S. 1883First complaint