CODE OF CIVIL PROCEDURE - INDEX

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18 19. 20. 21. 21A. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 35A. 35B. 36. 37. 38. 39. 40. 41. 42.

Short title, commencment and extent Definitions. Subordination of Courts. Savings. Application of the Code to Revenue Courts. Pecuniary jurisdiction. Provincial Small Cause Courts. Presidency Small Cause Courts. Courts to try all civil suits unless barred. Stay of suit. Res judicata. Bar to further suit. When foreign judgment not conclusive. Presumption as to foreign judgments. Court in which suits to be instituted. Suits to be instituted where subject-matter situate. Suits for immovable property situate within jurisdiction of different Courts. Place of institution of suit where local limits of jurisdiction of Courts are uncertain. Suits for compensation for wrongs to person or movables. Other suits to be instituted where defendants reside or cause of action arises. Objections to jurisdiction. Bar on suit to set aside decree on objection as to place of suing. Power to transfer suits which may be instituted in more than one Court. To what Court application lies. General power of transfer and withdrawal. Power of Supreme Court to transfer suits, etc. Institution of suits. Summons to defendants. Service of summons where defendant resides in another State. Service of foreign summonses. Power to order discovery and the like. Summons to witness. Penalty for default Judgment and decree. Interest Costs. Compensatory costs in respect of false or vexatious claims or defenses. Costs for causing delay. Application to orders Definition of Court which passed a decree. Court by which decree may be executed. Transfer of decree. Transfer of decree to Court in another State. Result of execution proceedings to be certified. Powers of Court in executing transferred decree.

43. 44. 44A. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68-72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 87A. 87B. 88. 89. 90. 91. 92.

Execution of decrees passed by Civil Courts in places to which this Code does not extend. Execution of decrees passed by Revenue Court in places to which this Code does not extend. Execution of decrees passed by Courts in reciprocating territory. Execution of decrees outside India. Precepts. Questions to be determined by the Court executing decree Execution barred in certain cases. Transferee. Legal representative. Powers of Court to enforce execution. Enforcement of decree against legal representative. Liability of ancestral property. Partition of estate or separation of share. Arrest and detention. Prohibition of arrest or detention of women in execution of decree for money. Subsistence allowance. Detention and release. Release on ground of illness. Property liable to attachment and sale in execution of decree Partial exemption of agricultural produce. Seizure of property in dwelling-house. Property attached in execution of decrees of several Courts. Private alienation of property after attachment to be void. Purchaser's title. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff Power for State Government to make rules as to sales of land in execution of decrees for payment of money. Repealed Proceeds of execution-sale to be rateably distributed among decree-holders. Resistance to execution. Power of court to issue commissions. Commission to another Court. Letter of request. Commissions issued by foreign Courts. Suits by or against Government Notice. Exemption from arrest and personal appearance. Execution of decree. When aliens may sue. When foreign State may sue. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. Suits against foreign Rulers, Ambassadors and Envoys. Style of foreign Rulers as parties to suits. Definitions of "foreign State" and "Ruler". Applications of sections 85 and 86 to Rulers of former Indian States. Where interpleader suit may be reinstituted. Settlement of disputes outside the Court Power to state case for opinion of Court. Public nuisances and other wrongful acts affecting the public. Public charities.

93. 94. 95. 96. 97. 98. 99. 99A. 100. 100A. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110 111. 111A. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123.

Exercise of powers of Advocate-General outside presidency-towns. Supplemental Proceedings. Compensation for obtaining arrest, attachment or injunction on insufficient grounds. Appeal from original decree. Appeal from final decree where no appeal from preliminary decree. Decision where appeal heard by two or more Judges. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected. Second appeal. No further appeal in certain cases. Second appeal on no other grounds. No second appeal in certain cases. Power of High Court to determine issues of fact. Orders from which appeal lies. Other orders. What Courts to hear appeals. Powers of Appellate Court. Procedure in appeals from appellate decrees and orders. When appeals lie to the Supreme Court. Value of subject matters. Bar of certain appeals. Appeals to Federal Court. Savings. Reference to High Court Review. Revision. Part to apply only to certain High Courts. Application of Code to High Court. Execution of decree before ascertainment of costs. Unauthorized persons not to address Court. Provisions not applicable to High Court in original civil jurisdiction. Effect of rules in First Schedule. Power of certain High Courts to make rules. Constitution of Rule Committees in certain States.

124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 135A. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 148A. 149. 150. 151. 152. 153.

Committee to report to High Court. Power of other High Courts to make rules. Rules to be subject to approval. Publication of rules. Matters for which rules may provide. Power of High Court to make rules as to their original Civil Procedure. Powers of other High Court to make rules as to matters other than procedure. Publication of rules. Exemption of certain women from personal appearance. Exemption of other persons. Arrest other than in execution of decree. Exemption from arrest under civil process. Exemption of members of legislative bodies from arrest and detention under civil process. Procedure where person to be arrested or property to be attached is outside district. Language of subordinate Courts. Power of High Court to require evidence to be recorded in English. Oath on affidavit by whom to be administered. Assessors in causes of salvage etc. Miscellaneous proceedings. Orders and notices to be in writing. Postage. Application for restitution. Enforcement of liability of surety. Proceedings by or against representatives. Consent or agreement by persons under disability. Enlargement of time. Right to lodge a caveat. Power to make up deficiency of court-fees. Transfer of business. Saving of inherent powers of Court. Amendment of judgments, decrees or orders. General power to amend.

153A. 153B. 154. 155. 156. 157. 158.

Power to amend decree or order where appeal is summarily dismissed. Place of trial to be deemed to be open Court. Saving of present right of appeal. Amendment of certain Acts. Repeals. Continuance of orders under repealed enactments. Reference to Code of Civil Procedure and other repealed enactments.

ORDER I PARTIES OF SUITS (THE FIRST SCHEDULE) ORDER II FRAME OF SUIT (THE FIRST SCHEDULE) ORDER III RECOGNIZED AGENTS AND PLEADERS (THE FIRST SCHEDULE) ORDER IV INSTITUTION OF SUITS (THE FIRST SCHEDULE) ORDER V ISSUE AND SERVICE OF SUMMONS (THE FIRST SCHEDULE) ORDER VI PLEADINGS GENERALLY (THE FIRST SCHEDULE) ORDER PLAINT (THE FIRST SCHEDULE) VII ORDER WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM (THE FIRST VIII SCHEDULE) APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE ORDER IX (THE FIRST SCHEDULE) ORDER X EXAMINATION OF PARTIES BY THE COURT (THE FIRST SCHEDULE) ORDER XI DISCOVERY AND INSPECTION (THE FIRST SCHEDULE) ORDER XII ORDER XIII ORDER XIV ORDER XV ORDER XVI ORDER XVIA ORDER XVII ORDER VIII ORDER XIX ORDER XX ORDER XXA ORDER XXI (1-32) ORDER XXI (33ADMISSION (THE FIRST SCHEDULE) PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS (THE FIRST SCHEDULE) SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON (THE FIRST SCHEDULE) DISPOSAL OF THE SUIT AT THE FIRST HEARING (THE FIRST SCHEDULE) SUMMONING AND ATTENDANCE OF WITNESSES (THE FIRST SCHEDULE) ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS (THE FIRST SCHEDULE) ADJOURNMENTS (THE FIRST SCHEDULE) HEARING OF THE SUIT AND EXAMINATION OF WITNESSES (THE FIRST SCHEDULE) AFFIDAVITS (THE FIRST SCHEDULE) JUDGMENT AND DECREE (THE FIRST SCHEDULE) COSTS (THE FIRST SCHEDULE) EXECUTION OF DECREES AND ORDERS - 1 To 32 (THE FIRST SCHEDULE) EXECUTION OF DECREES AND ORDERS- 33 To 50 (THE FIRST SCHEDULE)

50). ORDER XXI (5180). ORDER XXI (81106). ORDER XXII ORDER XXIII ORDER XXIV ORDER XXV ORDER XXVI ORDER XXVII EXECUTION OF DECREES AND ORDERS - 51 To 80 (THE FIRST SCHEDULE) EXECUTION OF DECREES AND ORDERS - 81 To 106 (THE FIRST SCHEDULE) DEATH, MARRIAGE AND INSOLVENCY OR PARTIES (THE FIRST SCHEDULE) WITHDRAWAL AND ADJUSTMENT OF SUITS (THE FIRST SCHEDULE) PAYMENT INTO COURT (THE FIRST SCHEDULE) SECURITY FOR COSTS (THE FIRST SCHEDULE) COMMISSIONS (THE FIRST SCHEDULE)

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY (THE FIRST SCHEDULE) SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE ORDER INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF XXVIIA ANY STATUTORY INSTRUMENT (THE FIRST SCHEDULE) ORDER SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN (THE XXVIII FIRST SCHEDULE) ORDER SUITS BY OR AGAINST CORPORATIONS (THE FIRST SCHEDULE) XXIX ORDER SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS XXX IN NAMES OTHER THAN THEIR OWN (THE FIRST SCHEDULE) ORDER SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS XXXI (THE FIRST SCHEDULE) ORDER SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND XXXII (THE FIRST SCHEDULE) ORDER SUITS RELATING TO MATTERS CONCERNING THE FAMILY (THE FIRST XXXIIA SCHEDULE) ORDER SUITS BY INDIGENT PERSONS (THE FIRST SCHEDULE) XXXIII ORDER SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY (THE XXXIV FIRST SCHEDULE) ORDER INTERPLEADER (THE FIRST SCHEDULE) XXXV ORDER SPECIAL CASE (THE FIRST SCHEDULE) XXXVI ORDER SUMMARY PROCEDURE (THE FIRST SCHEDULE) XXXVII ORDER ARREST AND ATTACHMENT BEFORE JUDGMENT (THE FIRST XXXVIII SCHEDULE) ORDER TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS (THE FIRST XXXIX SCHEDULE) ORDER APPOINTMENT OF RECEIVERS (THE FIRST SCHEDULE) XL ORDER APPEALS FROM ORIGINAL DECREES (THE FIRST SCHEDULE) XLI ORDER APPEALS FROM APPELLATE DECREES (THE FIRST SCHEDULE) XLII ORDER APPEALS FROM ORDERS (THE FIRST SCHEDULE) XLIII ORDER APPEALS BY INDIGENT PERSONS (THE FIRST SCHEDULE)

XLIV ORDER XLV ORDER XLVI ORDER XLVII ORDER XLVIII ORDER XLIX APPEALS TO THE SUPREME COURT (THE FIRST SCHEDULE) REFERENCE (THE FIRST SCHEDULE) REVIEW (THE FIRST SCHEDULE) MISCELLANEOUS (THE FIRST SCHEDULE) CHARTERED HIGH COURTS (THE FIRST SCHEDULE)

ORDER L PROVINCIAL SMALL CAUSE COURTS (THE FIRST SCHEDULE) ORDER LI PRESIDENCY SMALL CAUSE COURTS (THE FIRST SCHEDULE) APPENDIX APPENDIX A A APPENDIX APPENDIX B B APPENDIX APPENDIX C C APPENDIX APPENDIX D D APPENDIX APPENDIX E E APPENDIX APPENDIX F F APPENDIX APPENDIX G G APPENDIX APPENDIX H H SCH II SCH III SCH IV SCH V THE SECOND SCHEDULE THE THIRD SCHEDULE THE FOURTH SCHEDULE THE FIFTH SCHEDULE