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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXIII: Withdrawal And Adjustment Of Suits

Order XXIII Rule 4 CPC: Proceedings in execution of decrees not affected

Bare Act text

4. Proceedings in execution of decrees not affected.—Nothing in this Order shall apply to any proceedings in execution of a decree or order.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Nothing in Order XXIII applies to proceedings in execution of a decree or order. The provisions on withdrawal of suits, abandonment of claims and compromise of suits therefore operate in the trial of suits, and do not govern execution proceedings.

Order XXIII: Withdrawal And Adjustment Of Suits

  1. 1 Withdrawal of suit or abandonment of part of claim
  2. 1A When transposition of defendants as plaintiffs may be permitted
  3. 2 Limitation law not affected by first suit
  4. 3 Compromise of suit
  5. 3A Bar to suit
  6. 3B No agreement or compromise to be entered in a representative suit without leave of Court
  7. 4 Proceedings in execution of decrees not affected
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