Civil Procedure Code, 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 Citation Enacted by Date enacted 21st march 1908 Date commenced 1 January 1909 Civil Procedure Code, 1882 The Code of Civil Procedure, 1908 is a related to the administration of civil proceedings in.

An Act to consolidate and amend the laws relating to the. And extent- (1) This Act may be cited as the Code of Civil Procedure, 1908.

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.

Contents • • • • • • History [ ] To give uniformity to, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of on 23 March 1859. The Code however, not applicable to Supreme Court in the and to the Presidency Small Cause Courts.

But it did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfil the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced.

With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it stood the test of time. Amendment [ ] The Code of Civil Procedure has been substantially amended in the year 2002. The main purpose of the Amendment to the code was ensure speedy disposal of governed under the Act. CPC (Amendment)Act 2015 [ ] keeping in view the establishment of Commercial Court and the provisions thereof, CPC (Amendment)Act, 2016 has been enacted to amend certain provisions of the CPC.

These provisions are applicable to Commercial disputes of specified value. The act clarifies that the provisions of the CPC as amended by the Act would have an overriding effect over any rules of the or of the amendments made by the State Government concerned. The Code of Civil Procedure, 1908 was further amended in the year 2018 See also [ ] • • References [ ].

PRELIMINARY 1. Short title, commencement and extent. Definitions 3. Subordination of Courts. Application of the Code of Revenue Courts. Pecuniary Jurisdiction.

Small Cause Courts. [Omitted] PART I SUITS IN GENERAL Jurisdiction of the Courts and Res Judicata 9.

Courts to try all civil suits unless barred. Stay of suit. Res Judicata 12. Bar to further suit.

When foreign judgment not conclusive. Presumption as to foreign judgments. Place of Suing 15. 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. Others suits to be instituted where defendants reside or cause of action arises.

Objections to jurisdiction. Power to transfer suits which may be instituted in more than one Court. To what Court application lies. General power of transfer and withdrawal.

Appearance of parties on transfer of suit, etc. [Omitted] Institution of Suits 26. Institution of suits.

Summons and Discovery 27. Summons to defendants. [Omitted] 29. Service of foreign summonses. Power to order discovery and the like. Summons to witness.

Penalty for default. Judgment and Decree. Judgment and decree. Interest Costs 35. Compensatory costs in respect of false or vexatious claims or defences. Cost for delay in making applications, etc., in respect of interlocutory matters.

PART II EXECUTION General 36. Application to orders. Definition of Court which passed a decree. Courts by which decrees may be executed 38. Court by which decree may be executed.

Transfer of decree. [Omitted] 41. Ukrposhta blank rekomendovanogo povdomlennya. Result of execution proceedings to be certified. Powers of Court in executing transferred decree. Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory.

[Omitted] 44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory. [Omitted] 46. [Omitted] Limit of Time for Execution 48. Execution barred in certain cases.

Transferees and Legal Representatives 49. Transferee 50. Legal representative Procedure in Execution 51. 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 55. Arrest and detention. Prohibition of arrest or detention of women in execution of decree for money. Subsistence allowance.