- Source: Code of Civil Procedure (India)
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India.
The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
History
To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it was felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of times it has withstood the test of time.
Amendments
The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of civil cases governed under the Act.
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Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned.
The Code of Civil Procedure, 1908 was further amended in the year 2018.
Arrangement of Sections
= Preliminary (Section 1 to 8)
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= Part 1- Suits in General
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Jurisdiction of the Courts and Res-Judicata (Section 9 to 14)
Place of Suing (Section 15 to 25)
Institution of Suit (Section 26 to 33)
Judgement and Decree
Section 33 - Judgement and Decree
Interest
Section 34 - Interest
Costs (Section 35, 35A and 35B)
= Part 2- Execution
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General (Section 36 and 37)
Courts by which decrees may be executed (Section 38 to 46)
Questions to be determined by the 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
Procedure in Execution (Section 51 to 54)
Arrest and Detention (Section 55 to 59)
Attachment (Section 60 to 64)
Sale (Section 65, 66 and 67)
Delegation to Collector of Power to execute decrees against immovable property.
Section 68 to 72 - Repealed.
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 3- Incidental Proceedings
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Commissions (Section 75 to 78)
= Part 4- Suits in Particular Cases
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Suits by or Against the Government or Public Officers in their Official Capacity
Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys
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 5- Special Proceedings
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Arbitration
Section 89- Settlement of disputes outside the Court.
Special Case
Section 90- Power to state case for opinion of Court.
Public Nuisances and other Wrongful Acts affecting the public
= Part 6- Supplemental Proceedings
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= Part 7- Appeals
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Appeals from Original Decrees
Appeals from Appellate Decrees
Appeals from Orders
General Provisions relating to Appeals
Appeals to the Supreme Court
= Part 8- Reference, review and revision
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= Part 9- Special Provisions relating to the High Courts not being the Court of Judicial Commissioner
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= Part 10- Rules
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= Part 11- Miscellaneous
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Arrangement of Schedules
= Order 1- Parties to Suits
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= Order 2- Frame of Suit
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= Order 3- Recognized Agents and Pleaders
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= Order 4- Institution of suits
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= Order 5- Issue and Service of Summons
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Issue of summons
Service of Summons
= Order 6- Pleadings Generally
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= Order 7- Plaint and Documents replied on in Plaint.
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= Order 8- Written statement, set-off and counter-claim
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= Order 9- Appearance of Parties and Consequence of non-Appearance | Setting aside Decree ex-parte.
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= Order 10- Examination of Parties by the Court
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= Order 11- Discovery and Inspection
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= Order 12- Admissions
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= Order 13- Production, Impounding and Return of Documents
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= Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon.
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= Order 15- Disposal of the Suit at the First Hearing
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= Order 16- Summoning and Attendance of Witnesses
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= Order 15-A- Attendance of Witnesses Confined or Demand in Prisons
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= Order 16- Adjournment
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= Order 17- Hearing of the Suit and Examination of Witnesses
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= Order 18- Hearing of the Suit and Examination of Witnesses
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= Order 19- Affidavits
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= Order 20- Judgement and Decree
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= Order 20A- Costs
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= Order 21- Execution of Decrees and Orders
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Payment under Decree
Application for Execution
Process for execution
Stay of execution
Mode of execution
Attachment of property
Adjudication of claims and objections
Sale generally
Sale of movable property
Sale of immovable property
Resistance to delivery of possession to decree-holder or purchaser
See also
Courts
Judiciary of India
Indian Penal Code
Indian Evidence Act
Government of India
Law enforcement in India
Code of Criminal Procedure, 1973
Administrative divisions of India
References
External links
The Code of Civil Procedure Act, 1908|Legislative Department | Ministry of Law and Justice | GoI - Official Act in English
1908 | विधान विभाग | कानून और न्याय मंत्रालय | भारत सरकार (legislative.gov.in) - Official Act in Hindi
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