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, the 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 a 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 to ensure speedy disposal of civil cases governed under the Act.

Civil Procedure Code (Amendment) Act 2015

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)

Part 1- Suits in General

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

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]

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

Commissions (Section 75 to 78)

Part 4- Suits in Particular Cases

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

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

Part 7- Appeals

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

Part 9- Special Provisions relating to the High Courts not being the Court of Judicial Commissioner

Part 10- Rules

Part 11- Miscellaneous

Arrangement of Schedules

Order 1- Parties to Suits

Order 2- Frame of Suit

Order 3- Recognized Agents and Pleaders

Order 4- Institution of suits

Order 5- Issue and Service of Summons

Issue of summons

Service of Summons

Order 6- Pleadings Generally

Order 7- Plaint and Documents replied on in Plaint.

Order 8- Written statement, set-off and counter-claim

Order 9- Appearance of Parties and Consequence of non-Appearance | Setting aside Decree ex-parte.

Order 10- Examination of Parties by the Court

Order 11- Discovery and Inspection

Order 12- Admissions

Order 13- Production, Impounding and Return of Documents

Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon.

Order 15- Disposal of the Suit at the First Hearing

Order 16- Summoning and Attendance of Witnesses

Order 15-A- Attendance of Witnesses Confined or Demand in Prisons

Order 16- Adjournment

Order 17- Hearing of the Suit and Examination of Witnesses

Order 18- Hearing of the Suit and Examination of Witnesses

Order 19- Affidavits

Order 20- Judgement and Decree

Order 20A- Costs

Order 21- Execution of Decrees and Orders

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

References

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