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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate

Code of Civil Procedure, 1908: Bare Act with All Sections

The complete Code of Civil Procedure, 1908 (Act No. 5 of 1908). Each section has its own page with the official text, amendment notes, State amendments and a plain-English explanation. The Orders and Rules of the First Schedule are listed below the sections.

Also see: Bharatiya Nyaya Sanhita, 2023 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Specific Relief Act, 1963 · CPC Orders and Rules (First Schedule) · IPC to BNS Section Converter

Preliminary: Sections 1 To 8

  1. 1 Short title, commencement and extent
  2. 2 Definitions
  3. 3 Subordination of Courts
  4. 4 Savings
  5. 5 Application of the Code to Revenue Courts
  6. 6 Pecuniary jurisdiction
  7. 7 Provincial Small Cause Courts
  8. 8 Presidency Small Cause Courts

Part I: Suits In General

  1. 9 Courts to try all civil suits unless barred
  2. 10 Stay of suit
  3. 11 Res judicata
  4. 12 Bar to further suit
  5. 13 When foreign judgment not conclusive
  6. 14 Presumption as to foreign judgments
  7. 15 Court in which suits to be instituted
  8. 16 Suits to be instituted where subject-matter situate
  9. 17 Suits for immovable property situate within jurisdiction of different Courts
  10. 18 Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
  11. 19 Suits for compensation for wrongs to person or movables
  12. 20 Other suits to be instituted where defendants reside or cause of action arises
  13. 21 Objections to jurisdiction
  14. 21A Bar on suit to set aside decree on objection as to place of suing
  15. 22 Power to transfer suits which may be instituted in more than one Court
  16. 23 To what Court application lies
  17. 24 General power of transfer and withdrawal
  18. 25 Power of Supreme Court to transfer suits, etc
  19. 26 Institution of suits
  20. 27 Summons to defendants
  21. 28 Service of summons where defendant resides in another State
  22. 29 Service of foreign summonses
  23. 30 Power to order discovery and the like
  24. 31 Summons to witness
  25. 32 Penalty for default
  26. 33 Judgment and decree
  27. 34 Interest
  28. 35 Costs
  29. 35A Compensatory costs in respect of false or vexatious claims or defences
  30. 35B Costs for causing delay

Part II: Execution

  1. 36 Application to orders
  2. 37 Definition of Court which passed a decree
  3. 38 Court by which decree may be executed
  4. 39 Transfer of decree
  5. 40 Transfer of decree to Court in another State
  6. 41 Result of execution proceedings to be certified
  7. 42 Powers of Court in executing transferred decree
  8. 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A Execution of decrees passed by Courts in reciprocating territory
  11. 45 Execution of decrees outside India
  12. 46 Precepts
  13. 47 Questions to be determined by the Court executing decree
  14. 48 Execution barred in certain cases (Repealed)
  15. 49 Transferee
  16. 50 Legal representative
  17. 51 Powers of Court to enforce execution
  18. 52 Enforcement of decree against legal representative
  19. 53 Liability of ancestral property
  20. 54 Partition of estate or separation of share
  21. 55 Arrest and detention
  22. 56 Prohibition of arrest or detention of women in execution of decree for money
  23. 57 Subsistence-allowance
  24. 58 Detention and release
  25. 59 Release on ground of illness
  26. 60 Property liable to attachment and sale in execution of decree
  27. 61 Partial exemption of agricultural produce
  28. 62 Seizure of property in dwelling-house
  29. 63 Property attached in execution of decrees of several Courts
  30. 64 Private alienation of property after attachment to be void
  31. 65 Purchaser’s title
  32. 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
  33. 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  34. 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
  35. 69 Provisions of Third Schedule to apply (Repealed)
  36. 70 Rules of Procedure (Repealed)
  37. 71 Collector deemed to be acting judicially (Repealed)
  38. 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
  39. 73 Proceeds of execution-sale to be rateably distributed among decree-holders
  40. 74 Resistance to execution

Part III: Incidental Proceedings

  1. 75 Power of Court to issue commissions
  2. 76 Commission to another Court
  3. 77 Letter of request
  4. 78 Commissions issued by foreign Courts

Part IV: Suits In Particular Cases

  1. 79 Suits by or against Government
  2. 80 Notice
  3. 81 Exemption from arrest and personal appearance
  4. 82 Execution of decree
  5. 83 When aliens may sue
  6. 84 When foreign States may sue
  7. 85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  8. 86 Suits against foreign Rulers, Ambassadors and Envoys
  9. 87 Style of foreign Rulers as parties to suits
  10. 87A Definitions of “foreign State” and “Rulers”
  11. 87B Application of sections 85 and 86 to Rulers of former Indian States
  12. 88 Where interpleader-suit may be instituted

Part V: Special Proceedings

  1. 89 Settlement of disputes outside the Court
  2. 90 Power to state case for opinion of Court
  3. 91 Public nuisances and other wrongful acts affecting the public
  4. 92 Public charities
  5. 93 Exercise of powers of Advocate-General outside presidency-towns

Part VI: Supplemental Proceedings

  1. 94 Supplemental proceedings
  2. 95 Compensation for obtaining arrest, attachment or injunction on insufficient ground

Part VII: Appeals

  1. 96 Appeal from original decree
  2. 97 Appeal from final decree where no appeal from preliminary decree
  3. 98 Decision where appeal heard by two or more Judges
  4. 99 No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
  5. 99A No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
  6. 100 Second appeal
  7. 100A No further appeal in certain cases
  8. 101 Second appeal on no other grounds
  9. 102 No second appeal in certain cases
  10. 103 Power of High Court to determine issue of fact
  11. 104 Orders from which appeal lies
  12. 105 Other orders
  13. 106 What Courts to hear appeals
  14. 107 Powers of Appellate Court
  15. 108 Procedure in appeals from appellate decrees and orders
  16. 109 When appeals lie to the Supreme Court
  17. 110 Value of subject matters (Repealed)
  18. 111 Bar of certain appeals (Repealed)
  19. 111A Appeals to Federal Court (Repealed)
  20. 112 Savings

Part VIII: Reference, Review And Revision

  1. 113 Reference to High Court
  2. 114 Review
  3. 115 Revision

Part IX: Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

  1. 116 Part to apply only to certain High Courts
  2. 117 Application of Code to High Courts
  3. 118 Execution of decree before ascertainment of costs
  4. 119 Unauthorised persons not to address Court
  5. 120 Provisions not applicable to High Court in original civil jurisdiction

Part X: Rules

  1. 121 Effect of rules in First Schedule
  2. 122 Power of certain High Courts to make rules
  3. 123 Constitution of Rules Committees in certain States
  4. 124 Committee to report to High Court
  5. 125 Power of other High Courts to make rules
  6. 126 Rules to be subject to approval
  7. 127 Publication of rules
  8. 128 Matters for which rules may provide
  9. 129 Power of High Courts to make rules as to their original civil procedure
  10. 130 Powers of other High Courts to make rules as to matters other than procedure
  11. 131 Publication of rules

Part XI: Miscellaneous

  1. 132 Exemption of certain women from personal appearance
  2. 133 Exemption of other persons
  3. 134 Arrest other than in execution of decree
  4. 135 Exemption from arrest under civil process
  5. 135A Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136 Procedure where person to be arrested or property to be attached is outside district
  7. 137 Language of subordinate Courts
  8. 138 Power of High Court to require evidence to be recorded in English
  9. 139 Oath on affidavit by whom to be administered
  10. 140 Assessors in causes of salvage, etc
  11. 141 Miscellaneous proceedings
  12. 142 Orders and notices to be in writing
  13. 143 Postage
  14. 144 Application for restitution
  15. 145 Enforcement of liability of surety
  16. 146 Proceedings by or against representatives
  17. 147 Consent or agreement by persons under disability
  18. 148 Enlargement of time
  19. 148A Right to lodge a caveat
  20. 149 Power to make up deficiency of court-fees
  21. 150 Transfer of business
  22. 151 Saving of inherent powers of Court
  23. 152 Amendment of judgments, decrees or orders
  24. 153 General power to amend
  25. 153A Power to amend decree or order where appeal is summarily dismissed
  26. 153B Place of trial to be deemed to be open Court
  27. 154 Saving of present right of appeal (Repealed)
  28. 155 Amendment of certain Acts (Repealed)
  29. 156 Repeals (Repealed)
  30. 157 Continuance of orders under repealed enactments
  31. 158 Reference to Code of Civil Procedure and other repealed enactments

First Schedule: Orders and Rules

  1. Order I Parties To Suits (16 rules)
  2. Order II Frame Of Suit (7 rules)
  3. Order III Recognized Agents And Pleaders (6 rules)
  4. Order IV Institution Of Suits (2 rules)
  5. Order V Issue And Service Of Summons (34 rules)
  6. Order VI Pleadings Generally (19 rules)
  7. Order VII Plaint (20 rules)
  8. Order VIII Written Statement, Set-off And Counter Claim (19 rules)
  9. Order IX Appearance Of Parties And Consequence Of Non-appearance (14 rules)
  10. Order X Examination Of Parties By The Court (7 rules)
  11. Order XI Discovery And Inspection (23 rules)
  12. Order XI (Commercial Courts) Disclosure, Discovery And Inspection Of Documents In Suits Before The Commercial Division Of A High Court Or A Commercial Court (7 rules)
  13. Order XII Admissions (11 rules)
  14. Order XIII Production, Impounding And Return Of Documents (11 rules)
  15. Order XIII-A Summary Judgment (8 rules)
  16. Order XIV Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon (7 rules)
  17. Order XV Disposal Of The Suit At The First Hearing (4 rules)
  18. Order XV-A Case Management Hearing (8 rules)
  19. Order XVI Summoning And Attendance Of Witnesses (23 rules)
  20. Order XVI-A Attendance Of Witnesses Confined Or Detained In Prisons (7 rules)
  21. Order XVII Adjournment (3 rules)
  22. Order XVIII Hearing Of The Suit And Examination Of Witnesses (21 rules)
  23. Order XIX Affidavits (3 rules)
  24. Order XX Judgment And Decree (24 rules)
  25. Order XX-A Costs (2 rules)
  26. Order XXI Execution Of Decrees And Orders (118 rules)
  27. Order XXII Death, Marriage And Insolvency Of Parties (14 rules)
  28. Order XXIII Withdrawal And Adjustment Of Suits (7 rules)
  29. Order XXIV Payment Into Court (4 rules)
  30. Order XXV Security For Costs (2 rules)
  31. Order XXVI Commissions (29 rules)
  32. Order XXVII Suits By Or Against The Government Or Public Officers In Their Official Capacity (12 rules)
  33. Order XXVII-A Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument (6 rules)
  34. Order XXVIII Suits By Or Against Military Or Naval Men Or Airmen (3 rules)
  35. Order XXIX Suits By Or Against Corporations (3 rules)
  36. Order XXX Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own (10 rules)
  37. Order XXXI Suits By Or Against Trustees, Executors And Administrators (3 rules)
  38. Order XXXII Suits By Or Against Minors And Persons Of Unsound Mind (18 rules)
  39. Order XXXII-A Suits Relating To Matters Concerning The Family (6 rules)
  40. Order XXXIII Suits By Indigent Persons (22 rules)
  41. Order XXXIV Suits Relating To Mortgages Of Immovable Property (17 rules)
  42. Order XXXV Interpleader (6 rules)
  43. Order XXXVI Special Case (6 rules)
  44. Order XXXVII Summary Procedure (7 rules)
  45. Order XXXVIII Arrest And Attachment Before Judgment (14 rules)
  46. Order XXXIX Temporary Injunctions And Interlocutory Orders (12 rules)
  47. Order XL Appointment Of Receivers (5 rules)
  48. Order XLI Appeals From Original Decrees (41 rules)
  49. Order XLII Appeals From Appellate Decrees (3 rules)
  50. Order XLIII Appeals From Orders (3 rules)
  51. Order XLIV Appeals By Indigent Persons (3 rules)
  52. Order XLV Appeals To The Supreme Court (18 rules)
  53. Order XLVI Reference (8 rules)
  54. Order XLVII Review (9 rules)
  55. Order XLVIII Miscellaneous (3 rules)
  56. Order XLIX Chartered High Courts (3 rules)
  57. Order L Provincial Small Cause Courts (1 rules)
  58. Order LI Presidency Small Cause Courts (1 rules)