SECTIONS CODE OF CIVIL PROCEDURE, 1908 Preamble SECTION. PRELIMINARY 1. Short title, commencement and extent 2. Definitions 3. Subordination of Courts 4. Savings 5. Application of the Code to Revenue Courts 6. Pecuniary jurisdiction 7. Provincial Small Cause Courts 8. Presidency Small Cause Courts PART I : SUITS IN GENERAL Jurisdiction of the Courts and res judicata 9. Courts to try all civil suits unless barred 10. Stay of suit 11. Res judicata 12. Bar to further suit 13. When foreign judgment not conclusive 14. Presumption as to foreign judgments Place of suing 15. Court in which suits to be instituted 16. Suits to be instituted where subject matter situate 17. Suits for immovable property situate within jurisdiction of different Courts 18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain 19. Suits for compensation for wrongs to person or movables 20. Other suits to be instituted where defendants reside or cause of action arises 21. Objections to jurisdiction 21-A. Bar on suits to set aside decree on objection as to place of suing 22. Power to transfer suits which may be instituted in more than one Court 23. To what Court application lies 24. General power of transfer and withdrawal 25. Power of State Government to transfer suits Institution of suits 26. Institution of suits summons and discovery 27. Summons to defendants 28. Service of summons where defendant resides in another State 29. Service of foreign summonses 30. Power to order discovery and the like 31. Summons to witness 32. Penalty for default Judgment and decree 33. Judgment and decree Interest 34. Interest Costs 35. Costs 35-A. Compensatory costs in respect of false and vexatious claims or defences 35-B. Costs for causing delay PART II : EXECUTION General 36. Application to orders 37. Definition of Court which passed a decree Courts by which decrees may be executed 38. Court by which decree may be executed 39. Transfer of decree 40. Transfer of decree to Court in another State 41. Result of execution-proceedings to be certified 42. Powers of Court in executing transferred decree 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend 44-A. Execution of decrees passed by Courts in reciprocating territory 45. Execution of decrees outside India 46. Precepts Question to be determined by Court executing decree 47. Questions to be determined by the Court executing decree 48. Execution barred in certain cases Transferees and legal representatives 49. Transferee 50. Legal representative Procedure in execution 51. Powers of Court to enforce execution 52. Enforcement of decree against legal representative 53. Liability of ancestral property 54. Partition of estate or separation of share Arrest and detention 55. Arrest and detention 56. Prohibition of arrest or detention of women in execution of decree for money 57. Subsistence allowance 58. Detention and release 59. Release on ground of illness Attachment 60. Property liable to attachment and sale in execution of decree 61. Partial exemption of agricultural produce 62. Seizure of property in dwelling house 63. Property attached in execution of decrees of several Courts 64. Private alienation of property after attachment to be void Sale 65. Purchasers title 66. [Repealed] 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money Delegation of Collector of power to execute decree against immoveable property 68-72. [Repealed] Distribution of assets 73. Proceeds of execution-sale to be rateably distributed among decree-holders Resistance to execution 74. Resistance to execution PART III: INCIDENTAL PROCEEDINGS Commissions 75. Power of Court to issue commissions 76. Commission to another Court 77. Letter of request 78. Commissions issued by foreign Courts PART IV : SUITS IN PARTICULAR CASES Suits by or against the Government or Public Officers in their official capacity 79. Suits by or against Government 80. Notice 81-158 ORDER I : PARTIES OF SUITS ORDER II : FRAME OF SUIT ORDER III : RECOGNIZED AGENTS AND PLEADERS ORDER IV : INSTITUTION OF SUITS ORDER V : ISSUE AND SERVICE OF SUMMONS ORDER VI : PLEADINGS GENERALLY ORDER VII : PLAINT ORDER VIII : WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM ORDER IX : APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE ORDER X : EXAMINATION OF PARTIES BY THE COURT ORDER XI : DISCOVERY AND INSPECTION ORDER XII : ADMISSION ORDER XIII : PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS ORDER XIV : SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON ORDER XV : DISPOSAL OF THE SUIT AT THE FIRST HEARING ORDER XVI : SUMMONING AND ATTENDANCE OF WITNESSES ORDER XVI-A : ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS ORDER XVII : ADJOURNMENTS ORDER XVIII : HEARING OF THE SUIT AND EXAMINATION OF WITNESSES ORDER XIX : AFFIDAVITS ORDER XX : JUDGMENT AND DECREE ORDER XXI : EXECUTION OF DECREES AND ORDERS ORDER XXII : DEATH, MARRIAGE AND INSOLVENCY OR PARTIES ORDER XXIII : WITHDRAWAL AND ADJUSTMENT OF SUITS ORDER XXIV : PAYMENT INTO COURT ORDER XXV : SECURITY FOR COSTS ORDER XXVI : COMMISSIONS ORDER XXVII : SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY ORDERXXVII-A : SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT ORDER XXVIII : SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN ORDER XXIX : SUITS BY OR AGAINST CORPORATIONS ORDER XXX : SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN ORDER XXXI : SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS ORDER XXXII : SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND ORDERXXXII-A : SUITS RELATING TO MATTERS CONCERNING THE FAMILY ORDER XXXIII : SUITS BY INDIGENT PERSONS ORDER XXXIV : SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY ORDER XXXV : INTERPLEADER ORDER XXXVI : SPECIAL CASE ORDER XXXVII : SUMMARY PROCEDURE ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGMENT ORDER XXXIX : TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS ORDER XL : APPOINTMENT OF RECEIVERS ORDER XLI : APPEALS FROM ORIGINAL DECREES ORDER XLII : APPEALS FROM APPELLATE DECREES ORDER XLIII : APPEALS FROM ORDERS ORDER XLIV : APPEALS BY INDIGENT PERSONS ORDER XLV : APPEALS TO THE SUPREME COURT ORDER XLVI : REFERENCE ORDER XLVII : REVIEW ORDER XLVIII : MISCELLANEOUS ORDER XLIX : CHARTERED HIGH COURTS ORDER L : PROVINCIAL SMALL CAUSE COURTS ORDER LI : PRESIDENCY SMALL CAUSE COURTS APPENDICES TO THE FIRST SCHEDULE
Posted on: Wed, 05 Mar 2014 08:14:50 +0000
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