ARRANGEMENT OF SECTIONS
PRELIMINARY
SECTIONS
Section 1 : Short title, commencement and extent.
Section 2 : Definitions
Section 3 : Subordination of Courts
Section 4 : Savings.
Section 5 : Application of the Code to Revenue Courts
Section 6 : Pecuniary jurisdiction.
Section 7 : Provincial Small Cause Courts.
Section 8 : Presidency Small Cause Courts.
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res judicata
Section 9 : Courts to try all civil suits unless barred
Section 10 : Stay of suit
Section 11 : Res judicata.
Section 12 : Bar to further suit.
Section 13 : When foreign judgment not conclusive.
Section 14 : Presumption as to foreign judgments.
PLACE OF SUING
Section 15 : Court in which suits to be instituted.
Section 16 : Suits to be instituted where subject-matter situate.
Section 17 : Suits for immovable property situate within jurisdiction of different Courts.
Section 18 : Place of Institution of suit where local limits of jurisdiction of Courts are uncertain
Section 19 : Suits for compensation for wrongs to person or movables
Section 20 : Other suits to be instituted where defendants reside or cause of action arises
Section 21 : Objections to jurisdiction.
Section 21A : Bar on suit to set aside decree on objection as to place of suing
Section 22 : Power to transfer suits which may be instituted in more than one Court.
Section 23 : To what Court application lies.
Section 24 : General power of transfer and withdrawal
Section 25 : Power of Supreme Court to transfer suits, etc.
INSTITUTION OF SUITS
Section 26 : Institution of suits.
SUMMONS AND DISCOVERY
Section 27 : Summons to defendants
Section 28 : Service of summons where defendant resides in another State
Section 29 : Service of foreign summonses.
Section 30 : Power to order discovery and the like
Section 31 : Summons to witness.
Section 32 : Penalty for default
JUDGMENT AND DECREE
Section 33 : Judgment and decree
INTEREST
Section 34 : Interest
COSTS
Section 35 : Costs.
Section 35A : Compensatory costs in respect of false or vexatious claims or defences.
Section 35B : Costs for causing delay
PART II EXECUTION
GENERAL
Section 36 : Application to orders.
Section 37 : Definition of Court which passed a decree.
COURTS BY WHICH DECREES MAY BE EXECUTED
Section 38 : Court by which decree may be executed
Section 39 : Transfer of decree.
Section 40 : Transfer of decree to Court in another State
Section 41 : Result of execution proceedings to be certified
Section 42 : Powers of Court in executing transferred decree
Section 43 : Execution of decrees passed by Civil Courts in places to which this Code does not extend
Section 44 : Execution of decrees passed by Revenue Courts in places to which this Code does not extend
Section 44A : Execution of decrees passed by Courts in reciprocating territory.
Section 45 : Execution of decrees outside India
Section 46 : Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
Section 47 : Questions to be determined by the Court executing decree
LIMIT OF TIME FOR EXECUTION\
Section 48 : [Repealed.].
TRANSFEREES AND LEGAL REPRESENTATIVES
Section 49 : Transferee.
Section 50 : Legal representative
PROCEDURE IN EXECUTION
Section 51 : Powers of Court to enforce execution.
Section 52 : Enforcement of decree against legal representative.
Section 53 : Liability of ancestral property.
Section 54 : Partition of estate or separation of share.
ARREST AND DETENTION
Section 55 : Arrest and detention.
Section 56 : Prohibition of arrest or detention of women in execution of decree for money
Section 57 : Subsistence-allowance
Section 58 : Detention and release.
Section 59 : Release on ground of illness.
ATTACHMENT
Section 60 : Property liable to attachment and sale in execution of decree.
Section 61 : Partial exemption of agricultural produce.
Section 62 : Seizure of property in dwelling house.
Section 63 : Property attached in execution of decrees of several Courts.
Section 64 : Private alienation of property after attachment to be void.
SALE
Section 65 : Purchaser’s title.
Section 66 : [Repealed.].
Section 67 : Power for State Government to make rules as to sales of land in execution of decrees for payment
of money
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES
AGAINST IMMOVABLE PROPERTY
Section 68 : [Repealed.].
Section 69 : [Repealed.].
Section 70 : [Repealed.].
Section 71 : [Repealed.].
Section 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 III
INCIDENTAL PROCEEDINGS
COMMISSIONS
Section 75 : Power of Court to issue commissions
Section 76 : Commission to another Court.
Section 77 : Letter of request.
Section 78 : Commissions issued by foreign Courts.
PART IV
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN
THEIR OFFICIAL CAPACITY
Section 79 : Suits by or against Government
Section 80 : Notice
Section 81 : Exemption from arrest and personal appearance
Section 82 : Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS,
AMBASSADORS AND ENVOYS
Section 83 : When aliens may sue.
Section 84 : When foreign States may sue.
Section 85 : Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
Section 86 : Suits against foreign Rulers, Ambassadors and Envoys
Section 87 : Style of foreign Rulers as parties to suits
Section 87A : Definitions of “foreign State” and “Ruler”
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 V
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
Section 91 : Public nuisances and other wrongful acts affecting the public.
Section 92 : Public charities
Section 93 : Exercise of powers of Advocate-General outside presidency-towns.
PART VI
SUPPLEMENTAL PROCEEDINGS
Section 94 : Supplemental proceedings
Section 95 : Compensation for obtaining arrest, attachment or injunction on insufficient ground.
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
Section 96 : Appeal from original decree.
Section 97 : Appeal from final decree where no appeal from preliminary decree.
Section 98 : Decision where appeal heard by two or more Judges
Section 99 : No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
Section 99A : No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
APPEALS FROM APPELLATE DECREES
Section 100 : Second appeal.
Section 100A : No further appeal in certain cases.
Section 101 : Second appeal on no other grounds.
Section 102 : No second appeal in certain cases.
Section 103 : Power of High Court to determine issues of fact.
APPEALS FROM ORDERS
Section 104 : Orders from which appeal lies
Section 105 : Other orders.
Section 106 : What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
Section 107 : Powers of Appellate Court
Section 108 : Procedure in appeals from appellate decrees and orders
APPEALS TO THE SUPREME COURT
Section 109 : When appeals lie to the Supreme Court
Section 110 : [Omitted.].
Section 111 : [Omitted.].
Section 111A : [Omitted.].
Section 112 : Savings
PART VIII
REFERENCE, REVIEW AND REVISION
Section 113 : Reference to High Court.
Section 114 : Review.
Section 115 : Revision.
PART IX
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING
THE COURT OF A JUDICIAL COMMISSIONER
Section 116 : Part to apply only to certain High Courts.
Section 117 : Application of Code to High Courts.
Section 118 : Execution of decree before ascertainment of costs.
Section 119 : Unauthorised persons not to address Court
Section 120 : Provisions not applicable to High Court in original civil jurisdiction.
PART X
RULES
Section 121 : Effect of rules in First Schedule
Section 122 : Power of certain High Courts to make rules.
Section 123 : Constitution of Rules Committees in certain States
Section 124 : Committee to report to High Court.
Section 125 : Power of other High Courts to make rules.
Section 126 : Rules to be subject to approval
Section 127 : Publication of rules.
Section 128 : Matters for which rules may provide
Section 129 : Power of High Courts to make rules as to their original civil procedure
Section 130 : Power of other High Courts to make rules as to matters other than procedure
Section 131 : Publication of rules.
PART XI
MISCELLANEOU
Section 132 : Exemption of certain women from personal appearance
Section 133 : Exemption of other persons.
Section 134 : Arrest other than in execution of decree
Section 135 : Exemption from arrest under civil process.
Section 135A : Exemption of members of legislative bodies from arrest and detention under civil process
Section 136 : Procedure where person to be arrested or property to be attached is outside district
Section 137 : Language of subordinate Courts.
Section 138 : Power of High Court to require evidence to be recorded in English
Section 139 : Oath on affidavit by whom to be administered.
Section 140 : Assessors in causes of salvage, etc.
Section 141 : Miscellaneous proceedings.
Section 142 : Orders and notices to be in writing.
Section 143 : Postage.
Section 144 : Application for restitution.
Section 145 : Enforcement of liability of surety.
Section 146 : Proceedings by or against representatives.
Section 147 : Consent or agreement by persons under disability
Section 148 : Enlargement of time.
Section 148A : Right to lodge a caveat.
Section 149 : Power to make up deficiency of court-fees
Section 150 : Transfer of business.
Section 151 : Saving of inherent powers of Court
Section 152 : Amendment of judgments, decrees or orders.
Section 153 : General power to amend.
Section 153A : Power to amend decree or order where appeal is summarily dismissed.
Section 153B : Place of trial to be deemed to be open Court
Section 154 : [Repealed.].
Section 155 : [Repealed.]
Section 156 : [Repealed.].
Section 157 : Continuance of orders under repealed enactments.
Section 158 : Reference to Code of Civil Procedure and other repealed enactments