The Civil Procedure Code, 1908

8/11/2019 The Civil Procedure Code, 1908

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THE CODE OF CIVIL PROCEDURE, 1908(Act No. 5 of 1908)

An Act to consolidate and amend the laws relating to the procedure of the Courts of CivilJudicature.

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the

Courts of Civil Judicature; it is here! enacted as follows"#

PRELIMINARY

$. Short title% commencement and extent# &$' (his Act ma! e cited as the Code of Civil)rocedure% $*+,.

&-' t shall come into force on the first da! of Januar!% $*+*.

/-0/&1' t extends to the whole of ndia except#

&a' the State of Jammu and 2ashmir;

&' the State of 3agaland and the trial areas "

)rovided that the State 4overnment concerned ma!% ! notification in the 5fficial 4a6ette% extendthe provisions of this Code or an! of them to the whole or part of the State of 3agaland or suchtrial areas% as the case ma! e% with such supplemental% incidental or conse7uentialmodifications as ma! e specified in the notification.

Explanation#n this clause% 8trial areas8 means the territories which% immediatel! efore the -$stda! of Januar!% $*9- were included in the trial areas of Assam as referred to in paragraph -+ ofthe Sixth Schedule to the Constitution.

&:' n relation to the Amindivi slands% and the East 4odavari% West 4odavari and isaa


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&B' 8foreign Court8 means a Court situate outside ndia and not estalished or continued ! theauthorit! of the Central 4overnment;

&' 8foreign ?udgment8 means the ?udgment of a foreign Court;

&9' 84overnment )leader8 includes an! officer appointed ! the State 4overnment to perform allor an! of the functions expressl! imposed ! this Code on the 4overnment )leader and also an!

pleader acting under the directions of the 4overnment )leader;

&9A' 8High Court8 in relation to the Andaman and 3icoar slands% means the High Court inCalcutta;

&9D' 8ndia8% except in sections $% -*% :1% ::% ::A% 9,% 9*% ,-% ,1 and ,9A% means the territor! ofndia excluding the State of Jammu and 2ashmir;

&,' 8Judge8 means the presiding officer of a Civil Court;

&*' 8?udgment8 means the statement given ! the ?udge of the grounds of a decree or order;

&$+' 8?udgment#detor8 means an! person against whom a decree has een passed or an ordercapale of execution has een made;

&$$' 8legal representative8 means a person who in law represents the estate of a deceasedperson% and includes an! person who intermeddles with the estate of the deceased and where apart! sues or is sued in a representative character the person on whom the estate devolves onthe death of the part! so suing or sued;

&$-' 8means profits8 of propert! means those profits which the person in wrongful possession ofsuch propert! actuall! received or might with ordinar! diligence have received therefrom% togetherwith interest on such profits% ut shall not include profits due to improvements made ut theperson in wrongful possession;

&$1' 8movale propert!8 includes growing crops;

&$:' 8order8 means the formal expression of an! decision of a Civil Court which is not a decree;

&$B' 8pleader8 means an! person entitled to appear and plead for another in Court% and includes

an advocate% a va


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&' the following sections% that is to sa!%#

section *%

sections *$ and *-%

sections *: and *B so far as the! authori6e or relate to#

&i' orders for the attachment of immovale propert!;

&ii' in?unctions%

&iii' the appointment of a receiver of immovale propert!% or

&iv' the interlocutor! orders referred to in clause &e' of section *: and

sections * to $$- and $$B.

,. )residenc! Small Cause Courts# Save as provided in sections -:% 1, to :$% 9B% clauses &a'% &'and &c'% 9/B0/99% $B9 and $B,0% and ! the )residenc! Small Cause Courts Act% $,,-% &$B of$,,-' the provisions in the od! of this Code shall not extend to an! suit or proceedings in an!Court of Small Causes estalished in the towns of Calcutta% Fadras and Doma! "

)rovided that #

&$' the High Courts of Judicature at ort William Fadras and Doma!% as the case ma! e% ma!from time to time% ! notifications in the 5fficial 4a6ette% direct that an! such provisions notinconsistent with the express provisions of the )residenc! Small Cause Courts Act% $,,-% &$B of$,,-' and with such modifications and adaptation as ma! e specified in the notification% shallextend to suits or proceedings or an! class of suits or proceedings in such Court"

&-' all rules heretofore made ! an! of the said High Courts under section * of the )residenc!Small Cause Courts Act% $,,- & $B of $,,-' shall e deemed to have een validl! made.

S(A(E AFE3@FE3(S

4u?arat# After the words Calcutta% Fadras and Doma! the words 8and in the Cit! of Ahmedaad8shall e inserted.

/4u?arat Act 3o. GG of $*$0.

PART I!UIT! IN "ENERAL

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 hich their cogni!ance is eitherexpressly or i"pliedly barred.

#$%#&xplanation '%.? suit in hich the right to property or to an office is contested is a suit of a civil

nature notithstanding that such right "ay depend entirely on the decision of *uestions as to religious rites

or cere"onies.

#+%#&xplanation ''%. ,or the purposes of this section it is i""aterial hether or not any fees are attached tothe office referred to in &xplanation ' or hether or not such office is attached to a particular place.%.

-TT& &/0&/T-

aharashtra? fter section 9 insert the folloing section 9.

19. 2here at the hearing of application relating to interi" relief in a suit objection to jurisdiction is ta3en

such issue to be decided by the court as a preli"inary issue4? (5) /otithstanding anything contained in

this code or any other la for the ti"e being in force if at the hearing of any application for granting or

setting aside an order granting any interi" relief hether by ay of stay injunction appoint"ent of a
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receiver or otherise "ade in any suit on objection to jurisdiction of the court to entertain such suit is

ta3en by any of the parties to the suit the court shall proceed to deter"ine at the hearing of such application

the issue as to the jurisdiction as a preli"inary issue before granting for setting aside the order granting the

interi" relief. ny such application shall be heard and disposed of by the court as expeditiously as possible

and shall not in any case be adjourned to the hearing of the suit.

(6) /otithstanding anything contained in sub7section (5) at the hearing of any such application the court

"ay grant such interi" relief as it "ay consider necessary pending deter"ination by it of the preli"inaryissue as to the jurisdiction1.

#aharashtra ct /o. $8 of 59++%.

5. -tay of suit? /o Court shall proceed ith the trial of any suit in hich the "atter in issue is also

directly and substantially in issue in a previously instituted suit beteen the sa"e parties or beteen

parties under ho" they or any of the" clai" litigating under the sa"e title here such suit is pending in

the sa"e or any other Court in 'ndia having jurisdiction to grant the relief clai"ed or in any Court beyond

the li"its of 'ndia established or continued by the Central :overn"ent and having li3e jurisdiction or

before the -upre"e Court.

&xplanation?The pendency of a suit in a foreign Court does not preclude the Courts in 'ndia fro" trying a

suit founded on the sa"e cause of action.

55. Res judicata? /o Court shall try any suit or issue in hich the "atter directly and substantially in issue

has been directly and substantially in issue in a for"er suit beteen the sa"e parties or beteen partiesunder ho" they or any of the" clai" litigating under the sa"e title in a Court co"petent to try such

subse*uent suit or the suit in hich such issue has been subse*uently raised and has been heard and finally

decided by such Court.

&xplanation '.?The expression 1for"er suit1 shall denote a suit hich has been decided prior to the suit in

*uestion hether or not it as instituted prior thereto.

&xplanation ''.?,or the purposes of this section the co"petence of a Court shall be deter"ined irrespective

of any provisions as to a right of appeal fro" the decision of such Court.

&xplanation '''.?The "atter above referred to "ust in the for"er suit have been alleged by one party and

either denied or ad"itted expressly or i"pliedly by the other.

&xplanation ';.?ny "atter hich "ight and ought to have been "ade ground of defence or attac3 in such

for"er suit shall be dee"ed to have been a "atter directly and substantially in issue in such suit.

&xplanation ;.?ny relief clai"ed in the plaint hich is not expressly granted by the decree shall for the

purposes of this section be dee"ed to have been refused.

&xplanation ;'.?2here persons litigate bona fide in respect of public right or of a private right clai"ed in

co""on for the"selves and others all persons interested in such right shall for the purposes of this

section be dee"ed to clai" under the persons so litigating.

#


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uncertainty record a state"ent to that effect and thereupon proceed to entertain and dispose of any suit

relating to that property and its decree in the suit shall have the sa"e effect as if the property ere situate

ithin the local li"its of its jurisdiction 4

Arovided that the suit is one ith respect to hich the Court is co"petent as regards the nature and value of

the suit to exercise jurisdiction.

(6) 2here a state"ent has not been recorded under sub7section (5) and objection is ta3en before anppellate or Revisional Court that a decree or order in a suit relating to such property as "ade by a Court

not having jurisdiction here the property is situate the ppellate or Revisional Court shall not allo the

objection unless in its opinion there as at the ti"e of the institution of the suit no reasonable ground foruncertainty as to the Court having jurisdiction ith respect thereto and there has been a conse*uent failure

of justice.

59. -uits for co"pensation for rongs to person or "ovable? 2here a suit is for co"pensation for rong

done to the person or to "ovable property if the rong as done ithin the local li"its of the jurisdiction

of one Court and the defendant resides or carries on business or personally or3s for gain ithin the local

li"its of the jurisdiction of another Court the suit "ay be instituted at the option of the plaintiff in either ofthe said Courts.

'llustrations

(a) residing in 0elhi beats = in Calcutta. = "ay sue either in Calcutta or in 0elhi.

(b) residing in 0elhi publishes in Calcutta state"ents defa"atory of =. = "ay sue either in Calcutta

or in 0elhi.

6. Bther suits to be instituted here defendants reside or cause of action arises? -ubject to the li"itations

aforesaid every suit shall be instituted in Court ithin the local li"its of hose jurisdiction?

(a) the defendant or each of the defendants here there are "ore than one at the ti"e of the

co""ence"ent of the suit actually and voluntarily resides or carries on business or personally or3s for

gain or

(b) any of the defendants here there are "ore than one at the ti"e of the co""ence"ent of the suit

actually and voluntarily resides or carries on business or personally or3s for gain provided that in such

case either the leave of the Court is given or the defendants ho do not reside or carry on business orpersonally or3 for gain as aforesaid ac*uiesce in such institution or

(c) the cause of action holly or in part arises.

#9%# %

#5%#&xplanation%.? corporation shall be dee"ed to carry on business at its sole or principal office in

'ndia or in respect of any cause of action arising at any place here it has also a subordinate office at such

place.

'llustrations

(a) is a trades"an in Calcutta = carries on business in 0elhi. = by his agent in Calcutta buys goods of

and re*uests to deliver the" to the &ast 'ndian Railay Co"pany. delivers the goods accordingly in

Calcutta. "ay sue = for the price of the goods either in Calcutta here the cause of action has arisen orin 0elhi here = carries on business.

(b) resides at -i"la = at Calcutta and C at 0elhi = and C being together at =enaras = and C "a3e a

joint pro"issory note payable on de"and and deliver it to . "ay sue = and C at =enaras here the

cause of action arose. De "ay also sue the" at Calcutta here = resides or at 0elhi here C resides but

in each of these cases if the non7resident defendant object the suit cannot proceed ithout the leave of the

Court.
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65. Bbjections to jurisdiction?#55%#(5)% /o objection as to the place of suing shall be alloed by any

appellate or Revisional Court unless such objection as ta3en in the Court of first instance at the earliest

possible opportunity and in all cases here issues or settled at or before such settle"ent and unless there

has been a conse*uent failure of justice.

#56%#6) /o objection as to the co"petence of a Court ith reference to the pecuniary li"its of its

jurisdiction shall be alloed by any ppellate or Revisional Court unless such objection as ta3en in the

Court of first instance at the earliest possible opportunity and in all cases here issues are settled at orbefore such settle"ent and unless there has been a conse*uent failure of justice.

(>) /o objection as to the co"petence of the executing Court ith reference to the local li"its of itsjurisdiction shall be alloed by any ppellate or Revisional Court unless such objection as ta3en in the

executing Court at the earliest possible opportunity and unless there has been a conse*uent failure of

justice.%

#5>%#65. =ar on suit to set aside decree on objection as to place of suing? /o suit shall lie challenging the

validity of a decree passed in a for"er suit beteen the sa"e parties or beteen the parties under ho"

they or any of the" clai" litigating under the sa"e title on any ground based on an objection as to theplace of suing.

&xplanation.?The expression 1for"er suit1 "eans a suit hich has been decided prior to the decision in the

suit in hich the validity of the decree is *uestioned hether or not the previously decided suit asinstituted prior to the suit in hich the validity of such decree is *uestioned%.

66. Aoer to transfer suits hich "ay be instituted in "ore than one Court? 2here a suit "ay be instituted

in any one of to or "ore Courts and is instituted in one of such Courts any defendant after notice to the

other parties "ay at the earliest possible opportunity and in all cases here issues are settled at or before

such settle"ent apply to have the suit transferred to another Court and the Court to hich such application

is "ade after considering the objections of the other parties (if any) shall deter"ine in hich of the several

Courts having jurisdiction the suit shall proceed.

6>. To hat Court application lies.? (5) 2here the several Courts having jurisdiction are subordinate to the

sa"e ppellate Court an application under section 66 shall be "ade to the ppellate Court.

(6) 2here such Courts are subordinate to different ppellate Courts but to the sa"e Digh Court the

application shall be "ade to the said Digh Court.(>) 2here such Courts are subordinate to different Digh Courts the application shall be "ade the Digh

Court ithin the local li"its of hose jurisdiction the Court in hich the suit is brought is situate.

6@. :eneral poer of transfer and ithdraal? (5) Bn the application of any of the parties and after notice

to the parties and after hearing such of the" as desired to be heard or of its on "otion ithout such

notice the Digh Court or the 0istrict Court "ay at any stage?

(a) transfer any suit appeal or other proceeding pending before it for trial or disposal to any Court

subordinate to it and co"petent to try or dispose of the sa"e or

(b) ithdra any suit appeal or other proceeding pending in any Court subordinate to it and?

(i) try or dispose of the sa"e or

(ii) transfer the sa"e for trial or disposal to any Court subordinate to it and co"petent to try or dispose ofthe sa"e or

(iii) retransfer the sa"e for trial or disposal to the Court fro" hich it as ithdran

(6) 2here any suit or proceeding has been transferred or ithdran under sub7section (5) the Court hich

#5@%#is thereafter to try or dispose of such suit or proceeding% "ay subject to any special directions in the

case of any order of transfer either retry it or proceed fro" the point at hich it as transferred or

ithdran.
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#58%#(>) ,or the purposes of this section?

(a) Courts of dditional and ssistant Judges shall be dee"ed to be subordinate to the 0istrict Court

(b) 1proceeding1 includes a proceeding for the execution of a decree or order.%

(@) the Court trying any suit transferred or ithdran under this section fro" a Court of -"all Causes

shall for the purposes of such suit be dee"ed to be a Court of -"all Causes.

#5$%#(8) suit or proceeding "ay be transferred under this section fro" a Court hich has no jurisdiction

to try it.%

#5+%#68. Aoer of -upre"e Court to transfer suits etc.? (5) Bn the application of a party and after notice to

the parties and after hearing such of the" as desire to be heard the -upre"e Court "ay 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 fro" a Digh Court or other Civil Court in one -tate to a Digh Court orother Civil Court in any other -tate.

(6) &very application under this section shall be "ade by a "otion hich shall be supported by an affidavit.

(>) The Court to hich such suit appeal or other proceeding is transferred shall subject to any special

directions in the order of transfer either retry it or proceed fro" the stage at hich it as transferred to it.

(@) 'n dis"issing any application under this section the -upre"e Court "ay if it is of opinion that the

application as frivolous or vexatious order the applicant to pay by ay of co"pensation to any person

ho has opposed the application such su" not exceeding to thousand rupees as it considers appropriate

in the circu"stances of the case.

(8) The la applicable to any suit appeal or other proceeding transferred under this section shall be the la

hich the Court in hich the suit appeal or other proceeding as originally instituted ought to have

applied to such suit appeal or proceeding.%

'nstitution of suits

6$. 'nstitution of suits? &very suit shall be instituted by the presentation of a plaint or in such other "anner

as "ay be prescribed.

-u""ons and 0iscovery

6+. -u""ons to defendants? 2here a suit has been duly instituted a su""ons "ay be issued to thedefendant to appear and anser the clai" and "ay be served in "anner prescribed.

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(b) any Civil or Revenue Court established or continued by the authority of the Central :overn"ent outside

'ndia or

(c) any other Civil or Revenue Court outside 'ndia to hich the Central :overn"ent has by notification inthe Bfficial :a!ette declared the provisions of this section to apply

"ay be sent to the Courts in the territories to hich this Code extends and served as if they ere

su""onses issued by such Courts.

>. Aoer to order discovery and the li3e? -ubject to such conditions and li"itations as "ay be prescribedthe Court "ay at any ti"e either of its on "otion or on the application of any party?

(a) "a3e such orders as "ay be necessary or reasonable in all "atters relating to the delivery and

ansering of interrogatories the ad"ission of docu"ents and facts and the discovery inspection

production i"pounding and return of docu"ents or other "aterial objects producible as evidence

(b) issue su""onses to persons hose attendance is re*uired either to give evidence or to produce

docu"ents or such other objects as aforesaid

(c) order any fact to be proved by affidavit.

>5. -u""ons to itness? The provisions in sections 6+ 6< and 69 shall apply to su""onses to give

evidence or to produce docu"ents or other "aterial objects.

>6. Aenalty for default ?The Court "ay co"pel the attendance of any person to ho" a su""ons has been

issued under section > and for that purpose "ay?

(a) issue a arrant for his arrest

(b) attach and sell his property

(c) i"pose a fine upon hi" not exceeding five hundred rupees

(d) order hi" to furnish security for his appearance and in default co""it hi" to the civil prison.

Judg"ent and decree

>>. Judg"ent and decree? The Court after the case has been heard shall pronounce judg"ent and on such

judg"ent a decree shall follo.

'nterest

>@. 'nterest? (5) 2here and in so far as a decree is for the pay"ent of "oney the Court "ay in the decree

order interest at such rate as the Court dee"s reasonable to be paid on the principal su" adjudged fro" the

date of the suit to the date of the decree in addition to any interest adjudged on such principal su" for anyperiod prior to the institution of the suit ith further interest at such rate not exceeding six per cent per

annu" as the Court dee"s reasonable on such principal su" fro" the date of the decree to the date of

pay"ent or to such earlier date as the Court thin3s fit 4

#59%#Arovided that here the liability in relation to the su" so adjudged had arisen out of a co""ercial

transaction the rate of such further interest "ay exceed six per cent per annu" but shall not exceed the

contractual rate of interest or here there is no contractual rate the rate at hich "oneys are lent or

advanced by nationalised ban3s in relation to co""ercial transactions.

&xplanation '.?'n this sub7section 1nationalised ban31 "eans a corresponding ne ban3 as defined in the

=an3ing Co"panies (c*uisition and Transfer of Enderta3ings) ct 59+ (8 of 59+).

&xplanation ''.?,or the purposes of this section a transaction is a co""ercial transaction if it is connectedith the industry trade or business of the party incurring the liability.%

(6) 2here such a decree is silent ith respect to the pay"ent of further interest on such principal su" fro"

the date of the decree to the date of pay"ent or other earlier date the Court shall be dee"ed to have refused

such interest and a separate suit therefore shall not lie.
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#66%#>8=. Costs for causing delay? (5) 'f on any date fixed for the hearing of a suit or for ta3ing any step

therein a party to the suit?

(a) fails to ta3e the step hich he as re*uired by or under this Code to ta3e on that date or

(b) obtains an adjourn"ent for ta3ing such step or for producing evidence or on any other ground

the Court "ay for reasons to be recorded "a3e an order re*uiring such party to pay to the other party such

costs as ould in the opinion of the Court be reasonably sufficient to rei"burse the other party in respect

of the expenses incurred by hi" in attending the Court on that date and pay"ent of such costs on the datenext folloing the date of such order shall be a condition precedent to the further prosecution of?

(a) the suit by the plaintiff here the plaintiff as ordered to pay such costs.

(b) the defence by the defendant here the defendant as ordered to pay such costs.

&xplanation.?2here separate defences have been raised by the defendants or groups of defendants

pay"ent of such costs shall be a condition precedent to the further prosecution of the defence by such

defendants or groups of defendants as have been ordered by the Court to pay such costs.

(6) The costs ordered to be paid under sub7section (5) shall not if paid be included in the costs aarded in

the decree passed in the suit but if such costs are not paid a separate order shall be dran up indicating

the a"ount of such costs and the na"es and addresses of the persons by ho" such costs are payable andthe order so dran up shall be executable against such persons.%

THE CODE OF CIVIL PROCEDURE, 1908

PART II E#ECUTION

:eneral

#6>%#>$. pplication to orders? The provisions of this Code relating to the execution of decree (includingprovisions relating to pay"ent under a decree) shall so far as they are applicable be dee"ed to apply to the

execution of orders (including pay"ent an order).%

>+. 0efinition of Court hich passed a decree? The expression 1Court hich passed a decree1 or ords to

that effect shall in relation to the execution of decrees unless there is anything repugnant in the subject or

context be dee"ed to include?

(a) here the decree to be executed has been passed in the exercise of appellate jurisdiction the Court of

first instance and

(b) here the Court of first instance has ceased to exist or to have jurisdiction to execute it the Court

hich if the suit herein the decree as passed as instituted at the ti"e of "a3ing the application for the

execution of the decree ould have jurisdiction to try such suit.

#6@% #&xplanation.?The Court of first instance does not cease to have jurisdiction to execute a decree

"erely on the ground that after the institution of the suit herein the decree as passed or after the passing

of the decree any area has been transferred fro" the jurisdiction of that Court to the jurisdiction of any

other Court but in every such case such other Court shall also have jurisdiction to execute the decree if at

the ti"e of a"3ing the application for execution of the decree it ould have jurisdiction to try the said

suit.%

Courts by hich decrees "ay be executed

>9. Transfer of decree? (5) The Court hich passed a decree "ay on the application of the decree7holder

send it for execution to another Court #68%#of co"petent jurisdiction%?


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(a) if the person against ho" the decree is passed actually and voluntarily resides or carries on business

or personally or3s for gain ithin the local li"its of the jurisdiction of such other Court or

(b) if such person has not property ith in the local li"its of the jurisdiction of the Court hich passed thedecree sufficient to satisfy such decree and has property ithin the local li"its of the jurisdiction of such

other Court or

(c) if the decree directs the sale or delivery of i""ovable property situate outside the local li"its of thejurisdiction of the Court hich passed it or

(d) if the Court hich passed the decree considers for any other reason hich it shall record in iring that

the decree should be executed by such other Court.

(6) The Court hich passed the decree "ay of its on "otion send it for execution to any subordinate

Court of co"petent jurisdiction.

#6$%#(>) ,or the purposes of this section a Court shall be dee"ed to be a Court of co"petent jurisdiction if

at the ti"e of "a3ing the application for the transfer of decree to it such Court ould have jurisdiction to

try the suit in hich such decree as passed.%

-TT& &/0&/T-

Ettar Aradesh? -ub7section (>) of section >9 shall be substituted.

1(>) ,or the purpose of this section a court shall be dee"ed to be a court of co"petent jurisdiction if the

a"ount or value of the subject "atter of the suit herein the decree as passed does not exceed the

pecuniary li"its if any of its ordinary jurisdiction at the ti"e of "a3ing the application for the transfer of

decree to it notithstanding that it had otherise no jurisdiction to try the suit1.

#E.A. ct /o. >5 of 59+9

(b) poer to execute the decree against the legal representative of the deceased judg"ent7debtor under

section 8

(c) poer to order attach"ent of a decree.

(>) Court passing an order in exercise of the poers specified in sub7section (6) shall send a copy thereof

to the Court hich passed the decree.

(@) /othing in this section shall be dee"ed to confer on the Courts to hich a decree is sent for execution

any of the folloing poers na"ely?

(a) poer to order execution at the instance of the transferee of the decree


14/48

(b) in the case of a decree passed against a fir" poer to grant leave to execute such decree against any

person other than such a person as is referred to in clause (b) or clause (c) of sub7rule (5) of rule 8 of

Brder FF'.%

-TT& &/0&/T-

Ettar Aradesh? -ection @6 shall be substituted by folloing.

1@6. Aoer of Court in executing transferred decree4? (5) The court executing a decree sent to it shall have

the sa"e poers in executing such decree as if it had been passed by itself. ll persons disobeying orobstructing the decree shall be punishable by such court in the sa"e "anner as if it had passed the decree

and its order in executing such decree shall be subject to the sa"e rules in respect of appeal as if the decree

had been passed by itself.

(6) 2ithout prejudice to the generality of the provisions of sub7section (5) the poers of the court under

that sub7section shall include the folloing poers of the court hich passed the decree na"ely?

(a) poer to send the decree for execution to another court under section >9.

(b) poer to execute the decree against the legal representative of the deceased judg"ent debtor under

section 8.

(c) poer to order attach"ent of a decree.

(d) poer to decide any *uestion relating to the bar of li"itation to the executability of the decree.

(e) poer to record pay"ent or adjust"ent under Rule 6 of order FF'.

(f) poer to order stay of execution under Rule 69 Brder FF'

(g) in the case of a decree passed against a fir" poer to grant leave to execute such decree against any

person other than a person as is referred to in clause (b) or clause (c) of sub7rule (5) of Rule 8 of Brder

FF'.

(>) court passing an order in exercise of the poers specified in sub7section (6) shall send a copy there of

to the court hich passed the decree.

(@) /othing in this section shall be dee"ed to confer on the court to hich a decree is sent for execution

the poer to order execution at the instance of the transfer of a decree1

#E.A. ct /o. 5@ of 59+%.

@>. &xecution of decrees passed by Civil Courts in places to hich this Code does not extend? ny decree

passed by any Civil Court established in any part of 'ndia to hich the provisions of this Code do not

extend or by any Court established or continued by the authority of the Central :overn"ent outside 'ndia

"ay if it cannot be executed ithin the jurisdiction of the Court by hich it as passed be executed in the"anner herein provided ithin the jurisdiction of any Court in the territories to hich this Code extends.

@@. &xecution of decrees passed by Revenue Court in places to hich this Code does not extend.? The -tate

:overn"ent "ay by notification in the Bfficial :a!ette declare that the decrees of any Revenue Court in

any part of 'ndia to hich the provisions of this Code do not extend or any class of such decrees "ay be

executed in the -tate as if they had been passed by Courts in that -tate.

@@. &xecution of decrees passed by Courts in reciprocating territory? (5) 2here a certified copy of decree

of any of the superior Courts of any reciprocating territory has been filed in a 0istrict Court the decree

"ay be executed in 'ndia as if it had been passed by the 0istrict Court.

(6) Together ith the certified copy of the decree shall be filed a certificate fro" such superior Court

stating the extent if any to hich the decree has been satisfied or adjusted and such certificate shall forthe purposes of proceedings under this section be conclusive proof of the extent of such satisfaction or

adjust"ent.


15/48


16/48

&xplanation ''.?(a) ,or the purposes of this section a purchaser of property at a sale in execution of a

decree shall be dee"ed to be a party to the suit in hich the decree is passed and

(b) all *uestions relating to the delivery of possession of such property to such purchaser or hisrepresentative shall be dee"ed to be *uestions relating to the execution discharge or satisfaction of the

decree ithin the "eaning of this section.%

Hi"it of ti"e for execution

@


17/48

-TT& &/0&/T-

Ettar Aradesh? 'n section 85 of the Code Clause (bb) shall be inserted after clause (b).

1(bb) by transfer other than sale by attach"ent or ithout attach"ent of any property1

#E.A. ct /o. 6@ of 598@%.

86. &nforce"ent of decree against legal representative? (5) 2here a decree is passed against a party as thelegal representative of a deceased person and the decree is for the pay"ent of "oney out of the property of

the deceased it "ay be executed by the attach"ent and sale of any such property.

(6) 2here no such property re"ains in the possession of the judg"ent7debtor and he fails to satisfy the

Court that he has duly applied such property of the deceased as is proved to have co"e into his possession

the decree "ay be executed against the judg"ent7debtor to the extent of the property in respect of hich he

has failed so to satisfy the Court in the sa"e "anner as if the decree had been against hi" personally.

8>. Hiability of ancestral property? ,or the purposes of section 8 and section 86 property in the hands of a

son or other descendant hich is liable under Dindu la for the pay"ent of the debt of a deceased ancestor

in respect of hich a decree has been passed shall be dee"ed to be property of the deceased hich has

co"e to the hands of the son or other descendant as his legal representative.

8@. Aartition of estate or separation of share? 2here the decree is for the partition of an undivided estateassessed to the pay"ent of revenue to the :overn"ent or for the separate possession of a share of such an

estate the partition of the estate or the separation of the share shall be "ade by the Collector or any

ga!etted subordinate of the Collector deputed by hi" in this behalf in accordance ith the la (if any) for

the ti"e being in force relating to the partition or the separate possession shares of such estates.

rrest and detention

88. rrest and detention? (5) judg"ent7debtor "ay be arrested in execution of a decree at any hour and

on any day and shall as soon as practicable be brought before the Court and his detention "ay be in the

civil prison of the district in hich the Court ordering the detention is situate or here such civil prison

does not afford suitable acco""odation in any other place hich the -tate :overn"ent "ay appoint for

the detention of persons ordered by the Courts of such district to be detained4

Arovided firstly that for the purpose of "a3ing an arrest under this section no delling7house shall beentered after sunset and before sunrise 4

Arovided secondly that no outer door of a delling7house shall be bro3en open unless such delling7

house is in the occupancy of the judg"ent7debtor and he refuses or in any ay prevents access thereto but

hen the officer authorised to "a3e the arrest has duly gained access to any delling7house he "ay brea3open the door of any roo" in hich he has reason to believe the judg"ent7debtor is to be found 4

Arovided thirdly that if the roo" is in the actual occupancy of a o"an ho is not the judg"ent7debtor

and ho according to the custo"s of the country does not appear in public the officer authorised to "a3e

the arrest shall give notice to her that she is at liberty to ithdra and after alloing a reasonable ti"e for

her to ithdra and giving her reasonable facility for ithdraing "ay enter the roo" for the purpose of

"a3ing the arrest 4

Arovided fourthly that here the decree in execution of hich a judg"ent7debtor is arrested is a decree

for the pay"ent of "oney and the judg"ent7debtor pays the a"ount of the decree and the costs of the arrestto the officer arresting hi" such officer shall at once release hi".

(6) The -tate :overn"ent "ay by notification in the Bfficial :a!ette declare that any person or class ofpersons hose arrest "ight be attended ith danger or inconvenience to the public shall not be liable to

arrest in execution of a decree otherise than in accordance ith such procedure as "ay be prescribed by

the -tate :overn"ent in this behalf.

(>) 2here a judg"ent7debtor is arrested in execution of a decree for the pay"ent of "oney and brought

before the Court the Court shall infor" hi" that he "ay apply to be declared an insolvent and that he "ay


18/48

be discharged if he has not co""itted any act of bad faith regarding the subject of the application and if he

co"plies ith provisions of the la of insolvency for the ti"e being in force.

(@) 2here a judg"ent7debtor express his intention to apply to be declared an insolvent and furnishessecurity to the satisfaction of the Court that he ill ithin one "onth so apply and that he ill appear

hen called upon in any proceeding upon the application or upon the decree in execution of hich he as

arrested the Court "ay release hi" fro" arrest and if he fails so to apply and to appear the Court "ay

either direct the security to be realised or co""it hi" to the civil prison in execution of the decree.

8$. Arohibition of arrest or detention of o"en in execution of decree for "oney? /otithstanding

anything in this Aart the Court shall not order the arrest or detention in the civil prison of a o"an inexecution of a decree for the pay"ent of "oney.

8+. -ubsistence alloance? The -tate :overn"ent "ay fix scales graduated according to ran3 race and

nationality of "onthly alloances payable for the subsistence of judg"ent7debtors.

8>% #(b) here the decree is for the pay"ent of a su" of "oney exceeding five hundred rupees but notexceeding one thousand rupees for a period not exceeding six ee3s 4%

Arovided that he shall be released fro" such detention before the expiration of the #>@%#said period of

detention%?

(i) on the a"ount "entioned in the arrant for his detention being paid to the officer in charge of the civilprison or

(ii) on the decree against hi" being otherise fully satisfied or

(iii) on the re*uest of the person on hose application he has been so detained or

(iv) on the o"ission by the person on hose application he has been so detained to pay subsistence

alloance 4

Arovided also that he shall not be released fro" such detention under clause (ii) or clause (iii) ithout the

order of the Court.

#>8% #(5) ,or the re"oval of doubts it is hereby declared that no order for detention of the judg"ent7

debtor in civil prison in execution of a decree for the pay"ent of "oney shall be "ade here the total

a"ount of the decree does not exceed five hundred rupees.%

(6) judg"ent7debtor released fro" detention under this section shall not "erely by reason of his release

be discharged fro" his debt but he shall not be liable to be re7arrested under the decree in execution ofhich he as detained in the civil prison.

89. Release on ground of illness? (5) t any ti"e after a arrant for the arrest of a judg"ent7debtor has

been issued the Court "ay cancel it on ground of his serious illness.

(6) 2here a judg"ent7debtor has been arrested the Court "ay release hi" if in its opinion he is not in afit state of health to be detained in the civil prison.

(>) 2here a judg"ent7debtor has been co""itted to the civil prison he "ay be released therefro"?

(a) by the -tate :overn"ent on the ground of the existence of any infectious or contagious disease or

(b) by the co""itting Court or any Court to hich that Court is subordinate on the ground of his suffering

fro" any serious illness.


19/48

(@) judg"ent7debtor released under this section "ay be re7arrested but the period of his detention in the

civil prison shall not in the aggregate exceed that prescribed by section 8+%#an agriculturist or a labourer or a

do"estic servant% and occupied by hi"

(d) boo3s of account

(e) a "ere right to sue for da"ages

(f) any right of personal service

(g) stipends and gratuities alloed to pensioners of the govern"ent #>


20/48

(3b) all "oneys payable under a policy of insurance on the life of the judg"ent7debtor

(3c) the interest of a lessee of a residential building to hich the provisions of la for the ti"e being in

force relating to control of rents and acco""odation apply%

(5) any alloance for"ing part of the e"olu"ents of any servant of the :overn"ent or of any servant of a

railay co"pany or local authority hich the appropriate :overn"ent "ay by notification in the Bfficial

:a!ette declare to be exe"pt fro" attach"ent and any subsistence grant for alloance "ade to any suchservant hile under suspension

(") an expectancy of succession by survivorship or other "erely contingent or possible right or interest

(n) a right to future "aintenance

(o) any alloance declared by any 'ndian la to be exe"pt fro" liability to attach"ent or sale in execution

of a decree and

(p) here the judg"ent7debtor is a person liable for the pay"ent of land7revenue any "ovable property

hich under any la for the ti"e being applicable to hi" is exe"pt fro" sale for the recovery of an

arrears of such revenue.

#@@% #&xplanation '.? The "oneys payable in relation to the "atters "entioned in clauses (g) (h) (i) (ia)

(j) (5) and (o) are exe"pt fro" attach"ent or sale hether before or after they are actually payable andin the case of salary the attachable portion thereof is liable to attach"ent hether before or after it is

actually payable%.

&xplanation ''.? #@8%#'n clauses (5) and (ia)% 1salary1 "eans the total "onthly e"olu"ents excluding any

alloance declared exe"pt fro" attach"ent under the provisions of clause (5) derived by a person fro" his

e"ploy"ent hether on duty or on leave%.

&xplanation #@$%#'''%?'n Clause (l) 1appropriate :overn"ent1 "eans?

(i) as respect any person in the service of the Central :overn"ent or any servant of a Railay

d"inistration or of a canton"ent authority or of the port authority of a "ajor port the Central

:overn"ent

(ii) as respects any other #@+%#servant of the :overn"ent% or a servant of any other local authority s3illed

the -tate :overn"ent.

#@


21/48

-TT& &/0&/T-

ndhra Aradesh? 'n its application to ndhra area of the -tate of ndhra Aradesh in section $(5) clause

(g) of the proviso after the ords 1pensioners of the :overn"ent1 the ords 1or a local authority1 shall beinserted

#C.A.C. (ndhra Aradesh) (ndhra area) "end"ent ct 598%

'n its application to hole of -tate of .A. in proviso to sub7section (5) of section $.

(i) after clause (3) the folloing shall be inserted.

1(33) a"ount payable under policies issued in pursuance of the Rules for the ndhra Aradesh :ovt. life

'nsurance and Arovident ,und1.

(ii) after &xplanation 6 insert the folloing4?

1&xplanation 6.? 2here any su" payable to a :overn"ent servant is exe"pt fro" attach"ent under the

provisions of clause (33) such su" shall re"ain exe"pt fro" attach"ent notithstanding the fact that

oing to the death of the :ovt. servant it is payable to sa"e other person1

#ct /o. F' of 598> and ct /o. F of 59$6%.

'n its application to Dyderabad area of ndhra Aradesh4

(i) after clause (g) of the proviso to section $ (5) insert the folloing4?

1(gg) pension granted or continued by the Central :ovt. the :ovt. of Dyderabad or any other -tate :ovt. on

account of part services or present infir"ities or as a co"passionate alloance and.1

(ii) 'n &xplanation 6 for the ords brac3ets and letter 1Clause (33)1 substitute 1Clause (gg) or Clause

(33)1

#.A. ct /o. F;''' of 598>%.

'n its application to the -tate of ndhra Aradesh4

(i) fter clause (33) of -ection $(5) proviso the folloing inserted4

1(333) a"ounts payable under the ndhra Aradesh -tate &"ployees ,a"ily =enefit ,und Rules.1

(ii) ,or the ords 1(33) in &xplanation 6 the ords 1(333) inserted.(.A. ct /o. 6@ of 59+9).

:ujarat? (i) 'n section $(5) after clause (g) insert the folloing.

1(gg) stipends and gratuities alloed to pensioners of a local authority1.

(ii) &xplanation 5 after the ord 1(g)1 insert 1(gg)1.

#=o"bay ct /o. HF of 59@


22/48

1(pp) 2here the judg"ent7debtor is a servant of the -tate :ovt. ho has insured his life under the rules in

force relating to the official branch of Karnata3a :ovt. Hife 'nsurance 0epart"ent4?

(5) in the case of insurance effected prior to the ninth day of "ay 5955 the hole of the bonus payable orpaid thereunder to such servant or in the event of his death to his no"inee or other person or persons

entitled to such bonus under the said rules and

(6) in the case of 'nsurance effected on or after the ninth day of ay 5955 and such insurance isCo"pulsory pre"ia payable or paid to such servant or in the event of his death to his no"inee or other

person or persons entitled to such bonus under the said rules.

#C.A.C. (ysore "end"ent) ct 5986%.

Kerala? fter clause (g) the folloing clause (gg) shall be inserted4?

1(gg) all "oneys payable to the beneficiaries under the ,a"ily =enefit -che"e for the e"ployee of the:overn"ent of Kerala.

#Kerala ct 5 of 59


23/48

(8) &very "e"ber of a tribe notified as agricultural under the Aunjab lienation of Hand ct 59 and

every "e"ber of a scheduled caste shall be presu"ed to be as agriculturist until the contrary is provided.

($) /o order for attach"ent shall be "ade unless the court is satisfied that the property sought to beattached is not exe"pt fro" attach"ent or sale1

#Aunjab ct /o. ;'' of 59>@ 56 of 59@ $ of 59@$ and @@ of 59$%.

Rajasthan ? (i) 'n clause (b) of section $ (5) after the ord Lgriculturist the ords Lhis "ilch cattle and

those li3ely to calve ithin to years shall be inserted.

(ii) after clause (3) of the proviso to section $ (5) insert the folloing.

1(33) "oneys payable under life 'nsurance Certificates issued in pursuance of the Rajasthan :ovt. -ervants

'nsurance Rules 598>1.

(iii) after &xplanation > insert the folloing4

1&xplanation @.? 2here any "oney payable to a :ovt. servant of the state is exe"pt fro" attach"ent under

the provision contained in clause (33) such "oney shall re"ain exe"pt fro" the attach"ent

notithstanding the fact there oing to the death of a :ovt. servant it is payable to so"e other person1.

#Rajasthan ct /o. 5$ of 598+ and 59 of 5985 of 59$$%.

Enion Territory of Aundicherry? -a"e as in Ta"il /adu

#ct /o. 6$ of 59$


24/48

her reasonable facility for idhraing he "ay enter such roo" for the purpose of sei!ing the property

using at the sa"e ti"e every precaution consistent ith these provisions to prevent its clandestine

re"oval.

$>. Aroperty attached in execution of decrees of several Courts? (5) 2here property not in the custody of

any Court is under attach"ent in execution of decrees of "ore Courts than one the Court hich shall

receive or reali!e such property and shall deter"ine any clai" thereto any objection to the attach"ent

thereof shall be the Court of highest grade or here there is no difference in grade beteen such Courtsthe Court under hose decree the property as first attached.

(6) /othing in this section shall be dee"ed to invalidate any proceeding ta3en by a Court executing one ofsuch decrees.

#8% #&xplanation.?,or the purposes of sub7section (6) 1proceeding ta3en by a Court1 does not include an

order alloing to a decree7holder ho has purchased property at a sale held in execution of a decree set

off to the extent of the purchase price payable by hi".%

$@. Arivate alienation of property after attach"ent to be void? 2here an attach"ent has been "ade any

private transfer or delivery of the property attached or of any interest there in and any pay"ent to the

judg"ent7debtor of any debt dividend or other "onies contrary to such attach"ent shall be void as against

all clai"s enforceable under the attach"ent.

&xplanation?,or the purposes of this section clai"s enforceable under an attach"ent include clai"s for the

rateable distribution of assets.

-ale

$8. Aurchasers title? 2here i""ovable property is sold in execution of a decree and such sale has beco"e

absolute the property shall be dee"ed to have vested in the purchaser fro" the ti"e hen the property is

sold and not fro" the ti"e hen the sale beco"es absolute.

$$. #85%# %

$+. Aoer for -tate :overn"ent to "a3e rules as to sales of land in execution of decrees for pay"ent of

"oney? (5) The -tate :overn"ent "ay by notification in the Bfficial :a!ette "a3e rules for any local

area i"posting conditions in respect of the sale of any class of interests in land in execution of decrees for

the pay"ent of "oney here such interests are so uncertain or under"ined as in the opinion of the -tate:overn"ent to "a3e it i"possible to fix their value.

(6) 2hen on the date on hich this Code ca"e into operation in any local area any special rules as to sale

of and in execution of decrees ere in force therein the -tate :overn"ent "ay by notification in the

Bfficial :a!ette declare such rules to be in force or "ay by a li3e notification "odify the sa"e.

&very notification issued in the exercise of the poers conferred by this sub7section shall set out the rules

so continued or "odified.

#86% #(>) &very rule "ade under this section shall be laid as soon as "ay be after it is "ade before the

-tate Hegislature.%

0elegation to Collector of poer to execute decrees against i""ovable property

$. Aroceeds of execution7sale to be reateably distributed a"ong decree7holders? (5) 2here assests are held

by a Court and "ore persons than one have before the receipt of such assests "ade application to the

Court for the execution of decrees for the pay"ent of "oney passed against the sa"e judg"ent7debtor and

have not obtained satisfaction thereof the assests after deducting the costs of reali!ation shall be reteably

distributed a"ong all such persons 4

Arovided as follos 4?


25/48

(a) here any property is sold subject to a "ortgage or charge the "ortgage or incu"brancer shall not be

entitled to share in any surplus arising fro" such sale

(b) here any property liable to be sold in execution of a decree is subject to a "ortgage or charges theCourt "ay ith the consent of the "ortgagee or incu"brancer order that the property be sold free fro"

the "ortgage or charge giving to the "ortgagee or incu"brancer the sa"e interest in the proceeds of the

sale as he had in the property sold

(c) here any i""ovable property is sold in execution of a decree ordering its sale for the discharge of an

incu"brance thereon the proceeds of sale shall be applied?

first in defraying the expenses of the sale

secondly in discharging the a"ount due under the decree

thirdly in discharging the interest and principal "oneys due on subse*uent incu"brances (if any) and

fourthly rateably a"ong the holders of decrees for the pay"ent of "oney against the judg"ent debtor ho

have prior to the sale of the property applied to the Court hich passed the decree ordering such sale for

execution of such decrees and have not obtained satisfaction thereof.

(6) 2here all or any of the assests liable to be rateably distributed under this section are paid to a person

not entitled to receive the sa"e any person so entitled "ay sue such person to co"pel hi" to refund theassets.

(>) /othing in this section affects any right of the :overn"ent.

Resistance to execution

+@. Resistance to execution? 2here the Court is satisfied that the holder of a decree for the possession of

i""ovable property or that the purchaser of i""ovable property sold in execution of a decree has been

resisted or obstructed in obtaining possession of the property by the judg"ent7debtor or so"e person on his

behalf and that such resistance or obstruction as ithout any just cause the Court "ay at the instance of

the decree7holder or purchaser order the judg"ent7debtor or such other person to be detained in the civil

prison for a ter" hich "ay extend to thirty days and "ay further direct that the decree7holder or purchaserbe put into possession of the property.

PART IIIINCIDENTAL PROCEEDIN"!

Co""issions

+8. Aoer of court to issue co""issions7 -ubject to such conditions and li"itations as "ay be prescribed

the court "ay issue a co""ission7

(a) to exa"ine any person

(b) to "a3e a local investigation

(c) to exa"ine or adjust accounts or

(d) to "a3e a partition

#8>%#(e) to hold a scientific technical or expert investigation

(f) to conduct sale of property hich is subject to speedy and natural decay and hich is in the custody of

the Court pending the deter"ination of the suit

(g) to perfor" any "inisterial act.%

+$. Co""ission to another Court7 (5) co""ission for the exa"ination of any person "ay be issued to

any Court (not being a Digh Court) situate in a -tate other than the -tate in hich the Court of issue is

situate and having jurisdiction in the place in hich the person to be exa"ined resides.


26/48

(6) &very Court receiving a co""ission for the exa"ination of any person under sub7section (5) shall

exa"ine hi" or cause hi" to be exa"ined pursuant thereto and the co""ission hen it has been duly

executed shall be returned together ith the evidence ta3en under it to the Court fro" hich it as issued

unless the order for issuing the co""ission has otherise directed in hich case the co""ission shall be

returned in ter"s of such order.

++. Hetter of re*uest7 'n lieu of issuing a co""ission the Court "ay issue a letter of re*uest to exa"ine a

itness residing at any place not ithin 'ndia.

+


27/48


28/48

Arovided that the object of the suit is to enforce a private right vested in the Ruler of such -tate or in any

officer of such -tate in his public capacity.

) person appointed under this section "ay authorise or appoint any other persons to "a3e appearances

and applications and do acts in any such suit or suits as if he ere hi"self a party thereto.


29/48

(d) any such "e"ber of the staff of the foreign -tate or the staff or retinue of the Ruler "bassador or

&nvoy of a foreign -tate or of the Digh Co""issioner of a Co""onealth country as the Central

:overn"ent "ay by general or special order specify in this behalf.

($) 2here a re*uest is "ade to the Central :overn"ent for the grant of any consent referred to in sub7

section (5) the Central :overn"ent shall before refusing to accede to the re*uest in hole or in part give

to the person "a3ing the re*uest a reasonable opportunity of being heard.%

$> of the

Constitution.R'nterpleader


30/48

9. Aoer to state case for opinion of Court? 2here any person agree in riting to state a case for the

opinion of the Court then the Court shall try and deter"ine the sa"e in the "anner prescribed.

[72]#Aublic nuisances and other rongful acts affecting the public%

95. Aublic nuisances and other rongful acts affecting the public.? #+>%#(5) in the case of a public nuisance

or other rongful act affecting or li3ely to affect the public a suit for a declaration and injunction or for

such other relief as "ay be appropriate in the circu"stances of the case "ay be instituted?

(a) by the dvocate :eneral or

(b) ith the leave of the Court by to or "ore persons even though no special da"age has been caused to

such persons by reason of such public nuisance or other rongful act.%

(6) /othing in this section shall be dee"ed to li"it or otherise affect any right of suit hich "ay exist

independently of its provisions.

96. Aublic charities? (5) 'n the case of any alleged breach of any express or constructive trust created for

public purposes of a charitable or religious nature or here the direction of the Court is dee"ed necessary

for the ad"inistration of any such trust the dvocate7:eneral or to or "ore persons having an interest in

the trust and having obtained the#+@%#leave of the Court% "ay institute a suit hether contentious or not in

the principal Civil Court of original jurisdiction or in any other Court e"poered in that behalf by the -tate

:overn"ent ithin the local li"its of hose jurisdiction the hole or any part of the subject7"atter of thetrust is situate to obtain a decree?

(a) re"oving any trustee

(b) appointing a ne trustee

(c) vesting any property in a trustee

(cc) directing a trustee ho has bee re"oved or a person ho has ceased to be a trustee to deliver

possession of any trust property in his possession to the person entitled to the possession of such property

(d) directing accounts and in*uires

(e) declaring hat proportion of the trust property or of the interest therein shall be allocated to any

particular object of the trust

(f) authori!ing the hole or any part of the trust property to be let sold "ortgaged or exchanged

(g) settling a sche"e or

(h) granting such further or other relief as the nature of the case "ay re*uire.

(6) -ave as provided by the Religious &ndo"ents ct 5 (6 of 5) or by any corresponding la in

force in the territories hich i""ediately before the 5st /ove"ber 598$ ere co"prised in Aart = -tates

no suit clai"ing any of the reliefs specified in sub7section (5) shall be instituted in respect of any such trust

as is therein referred to except in confor"ity ith provisions of that sub7section.

#+8%#(>) The Court "ay alter the original purposes of an express or constructive trust created for public

purposes of a charitable or religious nature and allo the property or inco"e of such trust or any portion

thereof to be applied cy press in one or "ore the folloing circu"stances na"ely4?

(a) here the original purposes of the trust in hole or in part?

(i) have been as far as "ay be fulfilled or

(ii) cannot be carried out at all or cannot be carried out according to the directions given in the instru"ent

creating the trust or here there is no such instru"ent according to the spirit of the trust

(b) here the original purposes of the trust provide a use for a part only of the property available by virtue

of the trust or
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(c) here the property available by virtue of the trust and other property applicable for si"ilar purposes can

be "ore effectively used in conjunction ith and to that end can suitably be "ade applicable to any other

purpose regard being had to the spirit of the trust and its applicability to co""on purposes or

(d) here the original purposes in hole or in part ere laid don by reference to an area hich then as

but has since ceased to be a unit for such purposes or

(ii) ceased as being useless or har"ful to the co""unity or

(iii) ceased to be in la charitable or

(iv) ceased in any other ay to provide a suitable and effective "ethod of using the property available by

virtue of the trust regard being had to the spirit of the trust.%

-TT& &/0&/T-

Ettar Aradesh? fter clause (b) of sub7section (5) of section 96 insert the folloing4

1(bb) for delivery of possession of any trust property against a person ho has ceased to be trustee or has

been re"oved1.

#E.A. ct /o. 6@ of 598@%.

9>. &xercise of poers of dvocate7:eneral outside presidency7tons? The poers conferred by sections95 and 96 on the dvocate7:eneral "ay outside the presidency7tons be ith the previous sanction of

the -tate :overn"ent exercised also by the Collector or by such officer as the -tate :overn"ent "ay

appoint in this behalf.

PART VI!UPPLEMENTAL PROCEEDIN"!

*:. Supplemental )roceedings n order to prevent the ends of ?ustice from eing% defeated theCourt ma!% if it is to prescried%

&a' issue a warrant to arrest the defendant and ring him efore the Court to show cause wh! heshould not give securit! for his appearance% and if he fails to compl! with an! order for securit!commit him to the civil prison;

&' direct the defendant to furnish securit! to produce an! propert! elonging to him and to placethe same at the disposal of the Court or order the attachment of an! propert!;

&c' grant a temporar! in?unction and in case of disoedience commit the person guilt! thereof tothe civil prison and order that his propert! e attached and sold;

&d' appoint a receiver of an! propert! and enforce the performance of his duties ! attaching andselling his propert!;

&e' ma


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)rovided that a Court shall not award% under this section% an amount exceeding the limits of itspeculiar ?urisdiction.

&-' An order determining an! such application shall ar an! suit for compensation in respect ofsuch arrest% attachment or in?unction.

PART VIIAPPEAL!

Appeals from original decrees

*. Appeal from original decree &$' Save where otherwise expressl! provided in the od! of thisCode or ! an! other law for the time eing in force% an appeal shall lie from ever! decree passed! an! Court exercising original ?urisdiction the Court authori6ed to hear appeals from thedecisions of such Court.

&-' An appeal ma! lie from an original decree passed ex parte.

&1' 3o appeal shall lie from a decree passed ! the Court with the consent of parties.

/990/&:' 3o appeal shall lie% except on a 7uestion of law% from a decree in an! suit of the naturecognisale ! Courts of Small Cause% when the amount or value of the su?ect#matter of theoriginal suit does not exceed three thousand rupees.0

*9. Appeal from final decree where no appeal from preliminar! decree Where an! part!aggrieved ! a preliminar! decree passed after the commencement of this Code does not appealfrom such decree% he shall e precluded from dispating its correctness in an! appeal with ma! epreferred from the final decree.

*,. @ecision where appeal heard ! two or more Judges &$' Where an appeal is heard ! aDench of two or more Judges% the appeal shall e decided in accordance with the opinion of suchJudges or of the ma?orit! &if an!' of such Judges.

&-' Where there is no such ma?orit! which concurs in a ?udgment var!ing or reversing the decreeappealed from% such decree shall e confirmed "

)rovided that where the Dench hearing the appeal is /9,0/composed of two or other even numerof Judges elonging to a Court consisting of more Judges than those constituting the Dench0 and

the Judges composing the Dench differ in opinion on a point of law% the! ma! state the point oflaw upon which the! differ and the appeal shall then e heard upon that point onl! ! one or moreof the other Judges% and such point shall e decided according to the opinion of the ma?orit! &ifan!' of the Judges who have heard the appeal including those who first heard it.

&1' 3othing in this section shall e deemed to alter or otherwise affect an! provision of the letterspatent of an! High Court.

**. 3o decree to e reversed or modified for error or irregularit! not affecting merits or?urisdiction 3o decree shall e reversed or sustantiall! varied% nor shall an! case e remandedin appeal on account of an! mis?oinder/9*0/or non#?oinder0 of parties or causes of action or an!error% defect or irregularit! in an! proceedings in the suit% not affecting the merits of the case orthe ?urisdiction of the Court.

/,+0/)rovided that nothing in this section shall appl! to non#?oinder of a necessar! part!.0

/,$0/**A. 3o order under section :9 to e refused or modified unless decision of the case ispre?udiciall! affected Without pre?udice to the generalit! of the provisions of section **% no orderunder section :9 shall e reversed or sustantiall! varied% on account of an! error% defect orirregularit! in an! proceeding relating to such order% unless such error% defect or irregularit! haspre?udiciall! affected the decision of the case.I

Appeals from appellate decrees
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/,-0/$++. Second appeal &$' Save as otherwise expressl! provided in the od! of this Code or! an! other law for the time eing in force% an appeal shall lie to the High Court from ever!decree passed in appeal ! an! Court suordinate to the High Court% if the High Court is satisfiedthat the case involves a sustantial 7uestion of law.

&-' An appeal ma! lie under this section from an appellate decree passed ex parte.

&1' n an appeal under this section% the memorandum of appeal shall precisel! state thesustantial 7uestion of law involved in the appeal.

&:' Where the High Court is satisfied that a sustantial 7uestion of law is involved in an! case% itshall formulate that 7uestion.

&B' (he appeal shall e heard on the 7uestion so formulated and the respondent shall% at thehearing of the appeal% e allowed to argue that the case does not involve such 7uestion "

)rovided that nothing in this su#section shall e deemed to taetters)atent for an! High Court or in an! other instrument having the force of law or in an! other law for

the time eing in force% where an! appeal from an appellate decree or order is heard and decided! a single Judge of a High Court% no further appeal shall lie from the ?udgment% decision or orderor such single Judge in such appeal or from an! decree passed in such appeal.0

$+$. Second appeal on no other grounds 3o second appeal shall lie except on the groundmentioned in section $++.

$+-. 3o second appeal in certain suits 3o second appeal shall lie in an! suit of the naturecogni6ale ! Courts of Small Causes% when the amount or value of the su?ect#matter of theoriginal suit does not exceed/,:0/three thousand rupees0.

/,B0/$+1. )ower of High Court to determine issues of fact n an! second appeal% the High Courtma!% if the evidence on the record is sufficient% determine an! issue necessar! for the disposal ofthe appeal%

&a' which has not een determined ! the lower Appellate Court or oth ! the Court of firstinstance and the lower Appellate Court% or

&' which has een wrongl! determined ! such Court or Courts reason of a decision on such7uestion of law as is referred to in section $++.0

Appeals from orders

$+:. 5rders from which appeal lies &$' An appeal shall lie from the following orders% and save asotherwise expressl! provided in the od! of this Code or ! an! law for the time eing in force%from no other orders"

/Clauses &a' to &f' omitted0

&ff' an order under section 1BA;

/,0/&ffa' an order under section *$ or section *- refusing leave to institute a suit of the naturereferred to in section *$ or section *-% as the case ma! e;0

&g' an order under section *B;

&h' an order under an! of the provisions of this Code imposing a fine or directing the arrest ordetention in the civil prison of an person except where such arrest or detention is in execution of adecree;
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&i' an! order made under rules from which an appeal is expressl! allowed ! rules;

)rovided that not appeal shall lie against an! order specified in clause &ff' save on the ground thatno order% or an order for the pa!ment of a less amount% ought to have een made.

&-' 3o appeal shall lie from an! order passed in appeal under this section.

$+B. 5ther orders &$' Save as otherwise expressl! provided% no appeal shall lie from an! ordermade ! a Court in the exercise of its original or appellate ?urisdiction; ut% where a decree isappealed from% an! error% defect or irregularit! in an! order% affecting the decision of the case%ma! e set forth as ground of o?ection in the memorandum of appeal.

&-' 3otwithstanding an!thing contained in su#section &$'% where an! part! aggrieved ! an orderof remand /,90 from which an appeal lies does not appeal therefrom% he shall thereafter eprecluded from disputing its correctness.

$+. What Courts to hear appeals Where an appeal from an! order is allowed it shall lie to theCourt to which an appeal would lie from the decree in the suit in which such order was made% orwhere such order is made ! a Court &not eing a High Court' in the exercise of appellate

?urisdiction% then to the High Court.

4eneral provisions relating to appeals

$+9. )owers of Appellate Court &$' Su?ect to such conditions and limitations as ma! eprescried% an Appellate Court shall have power

&a' to determine a case finall!;

&' to remand a case;

&c' to frame issues and refer them for trial;

&d' to ta


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$$$A. /Appeals to ederal Court0 Rep. ! the ederal Court Act% $*:$ &-$ of $*:$'.

$$-. Savings &$' 3othing contained in this Code shall e deemed

&a' to affect the powers of the Supreme Court under article $1 or an! other provision of theConstitution% or

&' to interfere with an! rules made ! the Supreme Court% and for the time eing in force% for thepresentation of appeals to that Court% or their conduct efore that Court.

&-' 3othing herein contained applies to an! matter of criminal or admiralt! or vice#admiralt!?urisdiction or to appeals from orders and decrees of )ri6e Courts.

PART VIIIREFERENCE, REVIE$ AND REVI!ION

$$1. Reference to High Court Su?ect to such conditions and limitations as ma! e prescried%an! Court ma! state a case and refer the same for the opinion of the High Court% and the HighCourt ma! ma


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&a' to have exercised a ?urisdiction not vested in it ! law% or

&' to have failed to exercise a ?urisdiction so vested% or

&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!%

the High Court ma! ma


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&a' to have exercised a ?urisdiction not vested in it ! law; or

&' to have failed to exercise a ?urisdiction so vested; or

&c' to have acted in the exercise of its ?urisdiction illegall! or with material irregularit!% the HighCourt or the @istrict Court% as the case ma! e% ma! ma


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commencement referred to aove% in the High Court% such Court shall proceed to dispose of thesame.

Explanation. n this section% the expression 8an! case which has een decided8 includes an!order deciding an issue in the course of a suit or other proceeding.8

/=.). Acts 1$ of $*9, and $9 of $**$0

West Dengal After Section $$B of the Code the following section $$BA inserted"

8$$BA. @istrict Courts powers of revision &$' A @istrict Court ma! exercise all or an! of thepower which ma! e exercised ! the High Court under section $$B.

&-' Where an! proceedings ! wa! of revision is commenced efore a @istrict Court in pursuanceof the provision of su#section &$'% the provisions of section $$B shall% so for as ma! e% appl! tosuch proceeding and references to the said section + the High Court shall e construed asreference to the @istrict Court.

&1' Where an! proceeding for revision is commenced efore the @istrict Court% the decision of the@istrict Court on such proceeding shall e final and no further proceeding ! wa! of revision shalle entertained ! the High Court or an! other Court.

&:' f an! application for revision has een made ! an! part! either to the High Court undersection $$B or to the @istrict Court under this section% no further application ! the same part!shall e entertained ! the other of them.

&B' A Court of an Additional Judge shall have and ma! exercise all the powers of a @istrict Courtunder this section in respect of an! proceeding which ma! e transferred to it ! or under an!general or special order of the @istrict Court8

/West Dengal Act 3o. $B of $*,,0.

PART I#!PECIAL PROVI!ION! RELATIN" TO THE HI"H COURT! NOT %EIN" THECOURT OF A &UDICIAL COMMI!!IONER

$$. )art to appl! onl! to certain High Courts (his )art applies onl! to High Courts not eing theCourt of a Judicial Commissioner.

$$9. Application of Code to High Court. Save as provided in this )art or in )art G or in rules% theprovisions of this Court shall appl! to such High Courts.

$$,. Execution of decree efore ascertainment of costs Where an! such High Court considers itnecessar! that a decree passed in the exercise of its original civil ?urisdiction should e executedefore the amount of the costs incurred in the suit can e ascertained ! taxation% the Court ma!order that the decree shall e executed forthwith except as to so much thereof as relates to thecosts;

and% as to so much thereof as relates to the costs% that the decree ma! e executed as soon asthe amount of the costs shall e ascertained ! taxation.

$$*. =nauthori6ed persons not to address Court 3othing in this Code shall e deemed toauthori6e an! person on ehalf of another to address the Court in the exercise of its original civil

?urisdiction% or to examine witnesses% except where the Court shall have in the exercise of thepower conferred ! its charter authori6ed him so to do% or to interfere with the power of the HighCourt to ma


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$-$. Effect of rules in irst Schedule (he rules in a irst Schedule shall have effect as if enactedin the od! of this Code until annulted or altered in accordance with the provisions of this )art.

$--. )ower of certain High Courts to ma


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the rules in the irst Schedule or to ma


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&g' procedure ! wa! of originating summons;

&h' consolidation of suits% appeals and other proceedings;

&i' delegation to an! Registrar% )rothonotar! or Faster or other official of the Court of an! ?udicial%7uasi#?udicial and non#?udicial duties; and

&?' all forms% registers% oo


42/48

&1' Where an! person claims the privilege of such exemption% and it is conse7uentl! necessar! toexamine him ! commission% he shall pa! the costs of that commission% unless the part! re7uiringhis evidence pa!s such costs.

$1:. Arrest other than in execution of decree (he provisions of sections BB% B9 and B* shallappl!% so far as ma! e% to all persons arrested under this Code.

$1B. Exemption from arrest under civil process &$' 3o Judge% Fagistrate or other ?udicial officershall e liale to arrest under civil process while going to% presiding in% or returning from his Court.

&-' Where an! matter is pending efore a triunal having ?urisdiction therein% or elieving in goodfaith that it has such ?urisdiction% the parties thereto% their pleader% muegislative Council of a State% or

&iii' a >egislative Asseml! of a =nion territor!%

during the continuance of an! meeting of such House of )arliament or% as the case ma! e% ofthe >egislative Asseml! or the >egislative Council;

&' if he is a memer of an! committee of

&i' either House of )arliament% or

&ii' the >egislative Asseml! of a State or =nion territor!% or

&iii' the >egislative council of a State%

during the continuance of an! meeting of such committee;

&c' if he is a memer of

&i' either House of )arliament% or

&ii' a >egislative Asseml! or >egislative Council of a State having oth such Houses%

during the continuance of a ?oint sitting% meeting% conference or ?oint committee of the Houses of)arliament or Houses of the State >egislature% as the case ma! e%

and during the fort! da!s efore and after such meeting% sitting or conference.0

&-' A person released from detention under su#section &$'% shall% su?ect the provisions% of thesaid su#section%e liale to re#arrest and to the further detention to which he would have eenliale if he had not een released under the provisions of su#section &$'.

$1. )rocedure where person to e arrested or propert! to e attached is outside district &$'Where an application is made that an! person shall e arrested or that an! propert! shall eattached under an! provision of this Code not relating to the execution of decrees% and suchperson resides or such propert! is situate outside the local limits of the ?urisdiction of the Court to


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which the application is made% the Court ma!% in its discretion% issue a warrant of arrest or ma


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or falling under a description set forth therein% that evidence in cases in which an appeal isallowed shall e ta


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$:1. )ostage )ostage% where chargeale on a notice% summons or letter issued under this Codeand forwarded ! post% and the fee for registering the same% shall e paid within a time to e fixedefore the communications made "

)rovided that the State 4overnment ma! remit such postage% or fee% or oth% or ma! prescrie ascale of court#fees to e levied in lieu thereof.

$::. Application for restitution &$' Where and in so far as a decree or an order is /$+-0/varied orreversed in an! appeal% revision or other proceedings or is set aside or modified in an! suitinstituted for the purpose the Court which passed the decree or order0 shall% on the application ofan! part! entitled to an! enefit ! wa! of restitution or otherwise% cause such restitution to emade as will% so far as ma! e% place the parties in the position which the! would have occupiedut for such decree or order or /$+10/such part thereof as has een varied% reversed% set aside ormodified0% and% for this purpose% the Court ma! ma


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&i' if he has rendered himself personall! liale% against him to that extent;

&ii' if he has furnished an! propert! as securit!% ! sale of such propert! to the extent of thesecurit!;

&iii' if the case falls oth under clauses &i' and &ii' then to the extent specified in those clauses%

and such person shall% e deemed to e a part! within the meaning of section :9 "0

)rovided that such notice as the Court in each case thin


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registered post% ac


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$B. /Repeals0 Rep. ! the Second Repealing and Amending Act% $*$: &$9 of $*$:'% s. 1 andSch. .

$B9. Continuance of orders under repealed enactments. 3otifications pulished% declarationsand rules made% places appointed% agreements filed% scales prescried% forms framed%appointments made and powers conferred under Act , of $,B* or under an! Code of Civil)rocedure or an! Act amending the same or under an! other enactment here! repealed shall%

so far as the! are consistent with this Code% have the same force and effect is if the! had eenrespectivel! pulished% made% appointed% filed% prescried% framed and conferred under this Codeand ! the authorit! empowered there! in such ehalf.

$B,. Reference to Code of Civil )rocedure and other repealed enactments. n ever! enactmentor notification passed or issued efore the commencement of this Code in w

The Civil Procedure Code, 1908

Documents

Transcript of The Civil Procedure Code, 1908