LexThe code of civil procedure 1908
Chhattisgarh · state statute
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Amendments made in the Code of Civil Procedure, 1908 by the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016)
THE CODE OF CIVIL PROCEDURE, 1908
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ARRANGEMENT OF SECTIONS
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PRELIMINARY
SECTIONS
1. Short title, commencement and extent.
2. Definitions.
3. Subordination of Courts.
4. Savings.
5. Application of the Code to Revenue Courts.
6. Pecuniary jurisdiction.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
PART I
SUITS IN GENERAL
J
URISDICTION OF THE COURTS AND RESJUDICATA
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res judicata.
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
P
LACE OF SUING
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter sit uate.
17. Suits for immovable property situate within jur isdiction of different Courts.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Other suits to be instituted where defendants r eside or cause of action arises.
21. Objections to jurisdiction.
21A. Baron suit to set aside decree on objection as to place of suing.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
25. Power of Supreme Court to transfer suits, etc.
I
NSTITUTION OF SUITS
26. Institution of suits.
2
SUMMONS AND DISCOVERY
SECTIONS
27. Summons to defendants.
28. Service of summons where defendant resides in a nother State.
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
J
UDGMENT AND DECREE
33. Judgment and decree.
I
NTEREST
34. Interest.
COSTS
35. Costs.
35A. Compensatory costs in respect of false or vexa tious claims or defences.
35B. Costs for causing delay.
PART II
EXECUTION
G
ENERAL
36. Application to orders.
37. Definition of Court which passed a decree.
C
OURTSBYWHICHDECREESMAY BE EXECUTED
38. Court by which decree may be executed.
39.Transfer of decree.
40. Transfer of decree to Court in another State.
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A. Execution of decrees passed by Courts in recip rocating territory.
45. Execution of decrees outside India.
46. Precepts.
Q
UESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48. [ Repealed. ].
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.
3
SECTIONS
50. Legal representative.
PROCEDURE IN EXECUTION
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representat ive.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
A
RREST AND DETENTION
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence-allowance.
58. Detention and release.
59. Release on ground of illness.
A
TTACHMENT
60. Property liable to attachment and sale in execu tion of decree.
61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling-house.
63. Property attached in execution of decrees of se veral Courts.
64. Private alienation of property after attachment to be void.
S
ALE
65. Purchaser’s title.
66. [Repealed .].
67. Power for State Government to make rules as to sales of land in execution of decrees for payment
of money.
D
ELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
68. [Repealed .].
69. [Repealed .].
70. [Repealed .].
71. [Repealed .].
72. [Repealed .].
DISTRIBUTION OF ASSETS
73. Proceeds of execution sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
74. Resistance to execution.
PART III
INCIDENTAL PROCEEDINGS
COMMISSIONS
75. Power of Court to issue commissions.
4
SECTIONS
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
PART IV
S
UITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
79. Suits by or against Government.
80. Notice.
81. Exemption from arrest and personal appearance.
82. Execution of decree.
S
UITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS , AMBASSADORS AND ENVOYS
83.When aliens may sue.
84.When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86. Suits against foreign Rulers, Ambassadors and Envoys.
87. Style of foreign Rulers as parties to suits.
87A. Definitions of “foreign State” and “Ruler”
S
UITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Application of sections 85 and 86 to Rulers of former Indian States.
INTERPLEADER
88.Where interpleader-suit may be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
89. Settlement of disputes outside the Court.
SPECIAL CASE
90. Power to state case for opinion of Court.
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. Public nuisances and other wrongful acts affecting the public.
92. Public charities.
93. Exercise of powers of Advocate-General outside presidency-towns.
PART VI
S
UPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings.
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
5
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
SECTIONS
96. Appeal from original decree.
97. Appeal from final decree where no appeal from preliminary decree.
98 . Decision where appeal heard by two or more Judges.
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially
affected.
A
PPEALS FROM APPELLATE DECREES
100. Second appeal.
100A. No further appeal in certain cases.
101. Second appeal on no other grounds.
102. No second appeal in certain cases.
103. Power of High Court to determine issue of fact.
A
PPEALS FROM ORDERS
104. Orders from which appeal lies.
105. Other orders.
106. What Courts to hear appeals.
G
ENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.
108. Procedure in appeals from appellate decrees and orders.
A
PPEALS TO THE SUPREME COURT
109. When appeals lie to the Supreme Court.
110. [Omitted.].
111. [Omitted.].
111A. [Omitted.].
112. Savings.
PART VIII
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
114. Review.
115. Revision.
PART IX
S
PECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A
JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
6
SECTIONS
117. Application of Code to High Courts.
118. Execution of decree before ascertainment of co sts.
119. Unauthorised persons not to address Court.
120. Provisions not applicable to High Court in ori ginal civil jurisdiction.
PART X
R
ULES
121. Effect of rules in First Schedule.
122. Power of certain High Courts to make rules.
123.Constitution of Rule Committees in certain Stat es.
124. Committee to report to High Court.
125. Power of other High Courts to make rules.
126. Rules to be subject to approval.
127. Publication of rules.
128. Matters for which rules may provide.
129. Power of High Courts to make rules as to their original Civil procedure.
130. Power of other High Courts to make rules as to matters other than procedure.
131. Publication of rules.
PART XI
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
136. Procedure where person to be arrested or property to be attached is out side district.
137. Language of subordinate Courts.
138. Power of High Court to require evidence to be recorded in English.
139. Oath on affidavit by whom to be administered.
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings.
142. Orders and notices to be in writing.
143. Postage.
144. Application for restitution.
145. Enforcement of liability of surety.
146. Proceedings by or against representatives.
147. Consent or agreement by persons under disability.
148. Enlargement of time.
148A. Right to lodge a caveat.
149. Power to make up deficiency of court-fees.
7
150. Transfer of business.
151. Saving of inherent powers of Court.
152. Amendment of judgments, decrees or orders.
153. General power to amend.
153A. Power to amend decree or order where appeal is summarily dismissed.
153B. Place of trial to be deemed to be open Court.
154. [Repealed .].
155. [Repealed .].
156. [Repealed .].
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
THE FIRST SCHEDULE . —R ULES OF PROCEDURE
APPENDIX A.—PLEADINGS.
APPENDIX B.—PROCESS,
APPENDIX C. —DISCOVERY, INSPECTION AND ADMISSION.
APPENDIX D.—DECREES.
APPENDIX E.—EXECUTION.
APPENDIX F.—SUPPLEMENTAL PROCEEDINGS.
APPENDIX G —APPEAL, REFERENCE AND REVIEW.
APPENDIX H.—MISCELLANEOUS.
APPENDIX I.—STATEMENT OF TRUTH.
THE SECOND SCHEDULE —[ Repealed.].
THE THIRD SCHEDULE. — [Repealed.].
THE FOURTH SCHEDULE. —[ Repealed.].
THE FIFTH SCHEDULE. —[ Repealed .].
ANNEXURE.
8
THE CODE OF CIVIL PROCEDURE, 1908
ACT NO. 5 OF 1908 1
[21st March, 1908.]
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts
of Civil Judicature : It is hereby enacted as follows : —
PRELIMINARY
1. Short title, commencement and extent.— (1)This Act may be cited as the Code of Civil
Procedure,1908.
(2) It shall come into force on the first day of Janu ary, 1909.
1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tam il Nadu by
Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1 934; to Uttar
Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1 954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karn ataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharas htra by
Maharashtra Act 22 of 1960 and 25 of 1970; It has b een extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by
notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts :—
(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills Goalpara (including the Eastern
Duars),Kamrup, Darrang, Nowgong (excluding the Miki r Hill Tracts) Sibsagar (excluding the Mikir Hill T racts)
and Lakhimpur (excluding the Dibrugarh Frontier Tra cts) : Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt
I, p. 1690.
(2) The District of Darjeeling and the District of Ha zaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur :
Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33.
(3) The Province of Kumaon and Garhwal and the TaraiP arganas (with modifications) : U.P. Gazette, 1909, Pt. I, p. 3
and Gazette of India, 1909, Pt. I, p. 31.
(4) The Pargana of Jaunsar-Bawar in Dehradun and the S cheduled portion of the Mirzapur District : U.P. Ga zette,
1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
(5) Coorg : Gazette of India, 1909, Pt. I, p. 32.
(6) Scheduled Districts in the Punjab: Gazette of Ind ia, 1909, Pt. I, p. 33.
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I. p. 152.
(8) Scheduled Districts in the C.P., except so much a s is already in force and so much as authorizes the
attachment and sale of immovable property in execut ion of a decree, not being a decree directing the s ale of such
property : Gazette of India, 1909, Pt. I, p. 239.
(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazett e of India, 1909, Pt. II, p. 480.
(10 ) ParganaDhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District
of Singhbhum : Calcutta, Gazette of India, 1909, Pt . I, p. 453 and Gazette of India, 1909. Pt. I, p. 4 43.
Under s. 3(3)(a) of the SonthalParganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and ru les
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the SonthalParganas and the rest
of the Code for the trial of suits referred to in s . 10 of the SonthalParganas Justice Regulation, 189 3 (5 of
1893) : see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in PanthPiploda by the PanthPiploda Laws Regulation. 1929 (1 of
1929), s. 2; in the Khondmals District by the Khond mals Laws Regulation, 1936 (4 of 1936), s. 3 and Sc h. and
in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation, (5 of 1951) s. 2.
It has been extended to the State of Manipur (w.e.f . 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the
Union Territory of Lakshadweep(w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch. : to Goa, Dama n and
Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of
1963, s. 2 and Sch. 1 and to the State of Sikkim (w .e.f. 1-9-1984), vide Notification No. S.O. 599(E), dated 13-
8-1984, Gazette of India Extraordinary., Part. II, s. 3.
9
1[(3) It extends to the whole of India except—
(a) the State of Jammu and Kashmir;
(b) the State of Nagaland and the tribal areas :
Provided that the State Government concerned may, by notification in the Official Gazette, extend the
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal ar eas,
as the case may be, with such supplemental, incidental or consequential modifications as may be specified
in the notification.
Explanation. — In this clause, “tribal areas” means the territo ries which, immediately before the 21st
day of January, 1972, were included in the tribal a reas of Assam as referred to in paragraph 20 of the
Sixth Schedule to the Constitution.
(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam
Agencies in the State of Andhra Pradesh and the Uni on Territory of Lakshadweep, the application of this
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such
Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
2. Definitions. —In this Act, unless there is anything repugnant in the subject or context,—
(1) “Code” includes rules;
(2) “decree” means the formal expression of an adjudi cation which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of
a plaint and the determination of any question within 2*** section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.— A decree is preliminary when further proceedings ha ve to be taken before the suit
can be completely disposed of. It is final when suc h adjudication completely disposes of the suit. It
may be partly preliminary and partly final;
(3) “decree-holder” means any person in whose favour a decree has been passed or an order
capable of execution has been made;
(4) “district” means the local limits of the jurisdicti on of a principal Civil Court of original
jurisdiction (hereinafter called a “District Court” ), and includes the local limits of the ordinary original
civil jurisdiction of a High Court;
3[( 5) “foreign Court” means a Court situate outside Ind ia and not established or continued by the
authority of the Central Government;]
(6) “foreign judgment” means the judgment of a foreign Court;
(7) “Government Pleader” includes any officer appoint ed by the State Government to perform all
or any of the functions expressly imposed by this C ode on the Government Pleader and also any
pleader acting under the directions of the Government Pleader;
4[(7A) “High Court” in relation to the Andaman and Nicob ar Islands, means the High Court in
Calcutta;
(7B) “India”, except in sections 1, 29, 43, 44, 5[44A,] 78, 79, 82, 83 and 87A, means the territory of
India excluding the State of Jammu and Kashmir;]
(8) “Judge” means the presiding officer of a Civil Court;
1. Subs. by Act 104 of 1976, s. 2, for sub-section ( 3) (w.e.f. 1-2-1977).
2. The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 4, for clause ( 5).
4. Ins. by s. 4 ibid .
5. Ins. by Act 42 of 1953, s. 4 and the Third Sch.
10
(9) “judgment” means the statement given by the Jud ge of the grounds of a decree or order;
(10 ) “judgment-debtor” means any person against whom a decree has been passed or an order
capable of execution has been made;
(11 ) “legal representative” means a person who in law represents the estate of a deceased person,
and includes any person who intermeddles with the e state of the deceased and where a party sues or
issued in a representative character the person on whom the estate devolves on the death of the party
so suing or sued;
(12 ) “mesne profits” of property means those profits w hich the person in wrongful possession of
such property actually received or might with ordin ary diligence have received therefrom, together
with interest on such profits, but shall not includ e profits due to improvements made by the person in
wrongful possession;
(13 ) “movable property” includes growing crops;
(14 ) “order” means the formal expression of any decisi on of a Civil Court which is not a decree;
(15 ) “pleader” means any person entitled to appear and plead for another in Court, and includes an
advocate, a vakil and an attorney of a High Court;
(16 ) “prescribed” means prescribed by rules;
(17 ) “public officer” means a person falling under any of the following descriptions, namely :—
(a) every Judge;
(b) every member of 1[an All-India Service];
(c) every commissioned or gazetted officer in the mil itary 2[naval or air] forces of 3[the Union]
4*** while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or
dispose of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order, in the Court, and every person especially authorised by a court of
Justice to perform any of such duties;
(e) every person who holds any office by virtue of wh ich he is empowered to place or keep any
person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to just ice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property
on behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or t o investigate, or to report on, any matter
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the
protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty;
(18 ) “rules” means rules and forms contained in the Fi rst Schedule or made under section 122 or
section 125;
(19 ) “share in a corporation” shall be deemed to inclu de stock, debenture stock, debentures or
bonds; and
(20 ) “signed”, save in the case of a judgment or decre e, includes stamped.
1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).
2. Subs. by Act 35 of 1934, s. 2 and the Sch., for “or naval”.
3. Subs. by the A.O. 1950, for “his Majesty”.
4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the S ch.
11
1* * * * *
3. Subordination of Courts.— For the purposes of this Code, the District Court i s subordinate to the
High Court, and every Civil Court of a grade inferi or to that of a District Court and every Court of S mall
Causes is subordinate to the High Court and District Court.
4. Savings.— (1) In the absence of any specific provision to the C ontrary, nothing in this Code shall
be deemed to limit or otherwise affect any special or local law now in force or any special jurisdicti on or
power conferred, or any special form of procedure p rescribed, by or under any other law for the time
being in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-sect ion (1),
nothing in this Code shall be deemed to limit or ot herwise affect any remedy which a landholder or
landlord may have under any law for the time being in force for the recovery of rent of agricultural l and
from the produce of such land.
5. Application of the Code to Revenue Courts.— (1) Where any Revenue Courts are governed by
the provisions of this Code in those matters of pro cedure upon which any special enactment applicable to
them is silent, the State Government 2*** may, by notification in the Official Gazette, d eclare that any
portions of those provisions which are not expressly made applicable by this Code shall not apply to those
Courts, or shall only apply to them with such modifications as the State Government 3* * * may prescribe.
(2) “Revenue Court” in sub-section ( 1) means a Court having jurisdiction under any local law to
entertain suits or other proceedings relating to th e rent, revenue or profits of land used for
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code
to try such suits or proceedings as being suits or proceedings of a civil nature.
6. Pecuniary jurisdiction.— Save in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdict ion over suits the amount or value of the subject-m atter
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts.— The following provisions shall not extend to Courts
constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) 4[or under the Berar Small
Cause Courts Law, 1905], or to Courts exercising th e jurisdiction of a Court of Small Causes 5[under the
said Act or Law], 6[or to Courts in 7[any part of India to which the said Act does not e xtend] exercising a
corresponding jurisdiction that is to say.—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii ) the execution of decrees in such suits;
(iii ) the execution of decrees against immovable proper ty; and
(b) the following sections, that is to say,—
section 9,
sections 91 and 92,
sections 94 and 95
8[so far as they authorize or relate to]—
(i) orders for the attachment of immovable property,
(ii ) injunctions,
(iii ) the appointment of a receiver of immovable property, or
1. Clause ( 21 ) omitted by Act 2 of 1951, s. 4 earlier ins. by th e A.O. 1950.
2. The words “with the previous sanction of the G.G . in C”, omitted by Act 38 of 1920, s. 2 and the Fir st Sch. Pt. I.
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Sch., Pt. I, ibid .
4. Ins. by Act 4 of 1941, s. 2 and the Third Sch.
5. Subs. by s. 2 and the Third Sch., ibid ., for “under that Act”.
6. Ins. by Act 2 of 1951, s. 5.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
8. Subs. by Act 1 of 1926, s. 3, for “so far as the y relate to injunctions and interlocutory orders” .
12
(iv ) the interlocutory orders to in clause ( e) of section 94], and sections 96 to 112 and 115.
8. Presidency Small Cause Courts.— Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and
(c) , 76, 1[77, 157 and 158], and by the Presidency Small Caus e Courts Act, 1882 (15 of 1882), the
provisions in the body of this Code shall not exten d to any suit or proceeding in any Court of Small
Causes established in the towns of Calcutta, Madras and Bombay :
2[Provided that—
(1) the High Courts of Judicature at Fort William, M adras and Bombay, as the case may be, may
from time to time, by notification in the Official Gazette, direct 3 that any such provisions not inconsistent
with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), and with such
modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings
or any class of suits or proceedings in such Court.
(2) All rules heretofore made by any of the said High Courts under section 9 of the Presidency
Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
9. Courts to try all civil suits unless barred.— The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cogniza nce is
either expressly or impliedly barred.
4[Explanation I ].— A suit in which the right to property or to an offi ce is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religio us
rites or ceremonies.
5[Explanation I ].— For the purposes of this section, it is immaterial whether or not any fees are attached
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
10. Stay of suit.— No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or betwe en
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in 6[India] have jurisdiction to grant the relief claim ed, or in any Court
beyond the limits of 6[India] established or continued by 7[the Central Government 8* * *.] and having
like jurisdiction, or before 9[the Supreme Court].
Explanation.— The pendency of a suit in a foreign Court does not preclude the Courts in 6[India] from
trying a suit founded on the same cause of action.
11 . Res judicata.— No Court shall try any suit or issue in which the matter directly and substantially in
issue has been directly and substantially in issue in a former suit between the same parties, or betwe en
parties under whom they or any of them claim, litig ating under the same title, in a Court competent to try
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
finally decided by such Court.
1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
5. Ins. by s. 5, ibid ., (w.e.f. 1-2-1977).
6. Subs. by Act 2 of 1951, s. 3, for “the States”.
7. Subs. by the A.O. 1937, for “the G.G. in C.”
8. The words “or the Crown Representative” omitted by the A.O. 1948.
9. Subs. by the A.O. 1950, for “His Majesty in Counc il”.
13
Explanation I.— The expression “former suit” shall denote a suit wh ich has been decided prior to a suit
in question whether or not it was instituted prior thereto.
Explanation II.— For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.— The matter above referred to must in the former sui t have been alleged by one party
and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been m ade ground of defence or attack
in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not e xpressly granted by the decree, shall
for the purposes of this section, be deemed to have been refused.
Explanation VI.— Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all pe rsons interested in such right shall, for the purpo ses
of this section, be deemed to claim under the persons so litigating .
1[Explanation VII.— The provisions of this section shall apply to a proceeding for the execution of a decree
and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the
execution of that decree.
Explanation VIII. —An issue heard and finally decided by a Court of l imited jurisdiction, competent to
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Cou rt of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
12. Bar to further suit —Where a plaintiff is precluded by rules from insti tuting a further suit in
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause
of action in any Court to which this Code applies.
13. When foreign judgment not conclusive.— A foreign judgment shall be conclusive as to any
matter thereby directly adjudicated upon between the same parties or between parties under whom they or
any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of international
law or a refusal to recognise the law of 2[India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of an y law in force in 2[India].
14. Presumption as to foreign judgments.— The Court shall presume upon the production of any
document purporting to be a certified copy of a for eign judgment, that such judgment was pronounced by
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be
displaced by proving want of jurisdiction.
PLACE OF SUING
15. Court in which suits to be instituted.— Every suit shall be instituted in the Court of the lowest
grade competent to try it.
16. Suits to be instituted where subject-matter sit uate.— Subject to the pecuniary or other
limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States”.
14
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held
by or on behalf of the defendant may, where the rel ief sought can be entirely obtained through his
personal obedience, be instituted either in the Cou rt within the local limits of whose jurisdiction th e
property is situate, or in the Court within the loc al limits of whose jurisdiction the defendant actua lly and
voluntarily resides, or carries on business, or personally works for gain.
Explanation.— In this section “property” means property situate i n 1[India].
17. Suits for immovable property situate within jurisdiction of different Courts.— Where a suit is to
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
different Courts. the suit may be instituted in any Court within the local limits of whose jurisdictio n any
portion of the property is situate :
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by
such Court.
18. Place of Institution of suit where local limits of jurisdiction of Courts are
uncertain .—( 1) Where it is alleged to be uncertain within the lo cal limits of the jurisdiction of which of
two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there
is ground for the alleged uncertainty, record a sta tement to that effect and thereupon proceed to ente rtain
and dispose of any suit relating to that property, and its decree in the suit shall have the same effe ct as if
the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and
value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section ( 1), and an objection is taken before an
Appellate or Revisional Court that a decree or orde r in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall n ot
allow the objection unless in its opinion there was , at the time of the institution of the suit, no re asonable
ground for uncertainty as to the court having juris diction with respect thereto and there has been a
consequent failure of justice.
19. Suits for compensation for wrongs to person or movables.— Where a suit is for compensation for
wrong done to the person or to movable property, if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within
the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in
either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in
Delhi.
20. Other suits to be instituted where defendants r eside or cause of action arises.— Subject to
the limitations aforesaid, every suit shall be inst ituted in a Court within the local limits of whose
jurisdiction—
(a) the defendant, or each of the defendants where th ere are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally works
for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the
suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided
1. Subs. by Act 2 of 1951, s. 3 for “the States”
15
that in such case either the leave of the Court is given, or the defendants who do not reside, or carr y on
business, or personally works for gain, as aforesaid, acquiesce in such institution; or
(c) The cause of action, wholly or in part, arises.
1* * * * *
2[Explanation ].— A corporation shall be deemed to carry on business at its sole or principal office in
3[India] or, in respect of any cause of action arisi ng at any place where it has also a subordinate off ice, at
such place.
Illustrations
(a) A is a tradesman in Calcutta, B carries on busine ss in Delhi. B, by his agent in Calcutta, buys good s of A
and requests A to deliver them to the East Indian R ailway Company. A delivers the goods accordingly in Calcutta.
A may sue B for the price of the goods either in Ca lcutta, where the cause of action has arisen, or in Delhi, where B
carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint
promissory note payable on demand, and deliver it t o A. A may sue B and C at Benaras, where the cause of action
arose. He may also sue them at Calcutta, where B re sides, or at Delhi, where C resides; but in each of these cases, if
the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
21. Objections to jurisdiction. — 4[( 1)] No objection as to the place of suing shall be a llowed by any
Appellate or Revisional Court unless such objection was taken in the Court of first instance at the ea rliest
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there
has been a consequent failure of justice.
5[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or R evisional Court unless such objection was taken in the
Court of first instance at the earliest possible op portunity, and, in all cases where issues are settl ed, at or
before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executin g Court with reference to the local limits of its
jurisdiction shall be allowed by any Appellate or R evisional Court unless such objection was taken in the
executing Court at the earliest possible opportunit y, and unless there has been a consequent failure o f
justice.]
6[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie
challenging the validity of a decree passed in a fo rmer suit between the same parties, or between the
parties under whom they or any of them claim, litig ating under the same title, on any ground based on an
objection as to the place of suing.
Explanation.— The expression “former suit” means a suit which has been decided prior to the
decision in the suit in which the validity of the d ecree is questioned, whether or not the previously
decided suit was instituted prior to the suit in which the validity of such decree is questioned.]
22. Power to transfer suits which may be instituted in more than one Court.— Where a suit may
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after
notice to the other parties, may, at the earliest p ossible opportunity and in all cases where issues a re
settled at or before such settlement, apply to have the suit transferred to another Court, and the Cou rt to
which such application is made, after considering t he objections of the other parties (if any), shall
determine in which of the several Courts having jurisdiction the suit shall proceed.
1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977).
2. Subs. by s. 7, ibid ., for “ Explanation II” (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3 for “the States”.
4. S. 21 renumbered as sub-section ( 1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977).
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977).
6. Ins by s. 9, ibid. (w.e.f. 1-2-1977).
16
23. To what Court application lies.— (I) Where the several Courts having jurisdiction are subordinate
to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Ap pellate Courts but to the same High Court, the
application shall be made to the said High Court.
(3) Where such Courts are subordinate to different Hi gh Courts, the application shall be made to the
High Court within the local limits of whose jurisdi ction the Court in which the suit is brought is sit uate.
24. General power of transfer and withdrawal.— (1) On the application of any of the parties and
after notice to the parties and after hearing such of them as desired to be heard, or of its own motio n
without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pen ding before it for trial or disposal to any Court
subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii ) transfer the same for trial or disposal to any Co urt subordinate to it and competent to try or
dispose of the same; or
(iii ) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section ( 1), the Court
which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or pr oceed from the point at which it was transferred or
withdrawn.
2[(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall b e deemed to be subordinate to the District
Court;
(b) “proceeding” includes a proceeding for the execut ion of a decree or order.]
(4) The Court trying any suit transferred or withdraw n under this section from a Court of Small
Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a Court which has no
jurisdiction to try it.]
4[25. Power of Supreme Court to transfer suits, etc .—( 1) On the application of a party, and after notice
to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil
Court in another State.
(2) Every application under this section shall be mad e by a motion which shall be supported by an
affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special
directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that
the application was frivolous or vexatious, order t he applicant to pay by way of compensation to any
person who has opposed the application such sum, no t exceeding two thousand rupees, as it considers
appropriate in the Excerpt shown. Open the full act in Lexace.