The Code of Civil Procedure, 1908

• 1संक्षिप्त शीर्षक, प्रारंभ और विस्तार।
• 2परिभाषाएँ।
• 3न्यायालयों की अधीनता।
• 4बचत।
• 5राजस्व न्यायालयों पर संहिता का अनुप्रयोग।
• 6आर्थिक क्षेत्राधिकार।
• 7प्रांतीय लघु वाद न्यायालय।
• 8राष्ट्रपति कार्यालय के लघु वाद न्यायालय।

Jurisdiction OF THE Courts AND Res judicata

• 9यदि कोई अदालत ऐसा करने से वर्जित न हो तो वह सभी दीवानी मुकदमों की सुनवाई करेगी।
• 10मुकदमे पर रोक।
• 11रेस ज्यूडिकाटा।
• 12आगे के सूट के लिए बार।
• 13When foreign judgment not conclusive.
• 14Presumption as to foreign judgments.

Place of Suing

• 15वह न्यायालय जिसमें मुकदमे दायर किए जाएंगे।
• 16मुकदमे वहीं दायर किए जाएंगे जहां विषय-वस्तु स्थित हो।
• 17विभिन्न न्यायालयों के अधिकार क्षेत्र में स्थित अचल संपत्ति से संबंधित मुकदमे।
• 18Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
• 19Suits for compensation for wrongs to person or movables.
• 20अन्य मुकदमे उन स्थानों पर दायर किए जाएंगे जहां प्रतिवादी निवास करते हैं या जहां मुकदमे का कारण उत्पन्न होता है।
• 21Objections to jurisdiction.
• 21ABaron suit to set aside decree on objection as to place of suing.
• 22Power to transfer suits which may be instituted in more than one Court.
• 23To what Court application lies.
• 24General power of transfer and withdrawal.
• 25Power of Supreme Court to transfer suits, etc.

Institution of Suits

• 26मुकदमे दायर करना।

Summons and Discovery

• 27अभियुक्तों को समन।
• 28Service of summons where defendant resides in another State.
• 29Service of foreign summonses.
• 30खोज और इसी तरह की चीजों का आदेश देने की शक्ति।
• 31गवाह के तौर पर पेश होने का समन।
• 32Penalty for default.

Judgment and Decree

• 33Judgment and decree.

Interest

• 34Interest.

Costs

• 35Costs.
• 35ACompensatory costs in respect of false or vexatious claims or defences.
• 35BCosts for causing delay.

General

• 36Application to orders.
• 37Definition of Court which passed a decree.

Courts by Which Decrees May Be Executed

• 38Court by which decree may be executed.
• 39Transfer of decree.
• 40Transfer of decree to Court in another State.
• 41Result of execution proceedings to be certified.
• 42Powers of Court in executing transferred decree.
• 43Execution of decrees passed by Civil Courts in places to which this Code does not extend.
• 44Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
• 44AExecution of decrees passed by Courts in reciprocating territory.
• 45Execution of decrees outside India.
• 46Precepts.

Questions to Be Determined by Court Executing Decree

• 47Questions to be determined by the Court executing decree.

Limit of Time for Execution

• 48[Repealed.].(निरस्त)

Transferees and Legal Representatives

• 49Transferee.
• 50Legal representative.

Procedure in Execution

• 51Powers of Court to enforce execution.
• 52Enforcement of decree against legal representative.
• 53Liability of ancestral property.
• 54Partition of estate or separation of share.

Arrest and Detention

• 55Arrest and detention.
• 56Prohibition of arrest or detention of women in execution of decree for money.
• 57Subsistence-allowance.
• 58Detention and release.
• 59Release on ground of illness.

Attachment

• 60Property liable to attachment and sale in execution of decree.
• 61Partial exemption of agricultural produce.
• 62Seizure of property in dwelling-house.
• 63Property attached in execution of decrees of several Courts.
• 64Private alienation of property after attachment to be void.

Sale

• 65Purchaser's title.
• 66[Repealed.].(निरस्त)
• 67Power 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

• 68[Repealed.].(निरस्त)
• 69[Repealed.].(निरस्त)
• 70[Repealed.].(निरस्त)
• 71[Repealed.].(निरस्त)
• 72[Repealed.].(निरस्त)

Distribution of Assets

• 73Proceeds of execution sale to be rateably distributed among decree-holders.

Resistance to Execution

• 74Resistance to execution.

• 75Power of Court to issue commissions.
• 76Commission to another Court.
• 77Letter of request.
• 78Commissions issued by foreign Courts.

Suits by or Against the Government or Public Officers in Their Official Capacity

• 79Suits by or against Government.
• 80Notice.
• 81Exemption from arrest and personal appearance.
• 82Execution of decree.

Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys

• 83When aliens may sue.
• 84When foreign States may sue.
• 85Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
• 86Suits against foreign Rulers, Ambassadors and Envoys.
• 87Style of foreign Rulers as parties to suits.
• 87ADefinitions of foreign State and Ruler.

Suits Against Rulers of Former Indian States

• 87BApplication of sections 85 and 86 to Rulers of former Indian States.

Interpleader

• 88जहां अंतरवादी मुकदमा दायर किया जा सकता है।

Arbitration

• 89अदालत के बाहर विवादों का निपटारा।

Special Case

• 90Power to state case for opinion of Court.

Public Nuisances and Other Wrongful Acts Affecting the Public

• 91Public nuisances and other wrongful acts affecting the public.
• 92Public charities.
• 93Exercise of powers of Advocate-General outside presidency-towns.

• 94पूरक कार्यवाही।
• 95Compensation for obtaining arrest, attachment or injunction on insufficient ground.

Appeals from Original Decrees

• 96Appeal from original decree.
• 97Appeal from final decree where no appeal from preliminary decree.
• 98Decision where appeal heard by two or more Judges.
• 99No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
• 99ANo order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.

Appeals from Appellate Decrees

• 100Second appeal.
• 100ANo further appeal in certain cases.
• 101Second appeal on no other grounds.
• 102No second appeal in certain cases.
• 103Power of High Court to determine issue of fact.

Appeals from Orders

• 104Orders from which appeal lies.
• 105Other orders.
• 106What Courts to hear appeals.

General Provisions Relating to Appeals

• 107Powers of Appellate Court.
• 108Procedure in appeals from appellate decrees and orders.

Appeals to the Supreme Court

• 109When appeals lie to the Supreme Court.
• 110[Omitted.].(निरस्त)
• 111[Omitted.].(निरस्त)
• 111A[Omitted.].(निरस्त)
• 112Savings.

• 113Reference to High Court.
• 114Review.
• 115Revision.

• 116Part to apply only to certain High Courts.
• 117Application of Code to High Courts.
• 118Execution of decree before ascertainment of costs.
• 119अनाधिकृत व्यक्तियों को न्यायालय को संबोधित करने की अनुमति नहीं है।
• 120Provisions not applicable to High Court in original civil jurisdiction.

• 121Effect of rules in First Schedule.
• 122Power of certain High Courts to make rules.
• 123Constitution of Rule Committees in certain States.
• 124Committee to report to High Court.
• 125Power of other High Courts to make rules.
• 126Rules to be subject to approval.
• 127Publication of rules.
• 128Matters for which rules may provide.
• 129Power of High Courts to make rules as to their original Civil procedure.
• 130Power of other High Courts to make rules as to matters other than procedure.
• 131Publication of rules.

• 132Exemption of certain women from personal appearance.
• 133Exemption of other persons.
• 134Arrest other than in execution of decree.
• 135Exemption from arrest under civil process.
• 135AExemption of members of legislative bodies from arrest and detention under civil process.
• 136Procedure where person to be arrested or property to be attached is out side district.
• 137Language of subordinate Courts.
• 138Power of High Court to require evidence to be recorded in English.
• 139Oath on affidavit by whom to be administered.
• 140Assessors in causes of salvage, etc.
• 141Miscellaneous proceedings.
• 142Orders and notices to be in writing.
• 143Postage.
• 144Application for restitution.
• 145Enforcement of liability of surety.
• 146Proceedings by or against representatives.
• 147Consent or agreement by persons under disability.
• 148Enlargement of time.
• 148ARight to lodge a caveat.
• 149Power to make up deficiency of court-fees.

Order I - Parties of Suits

• 1किन लोगों को वादी के रूप में शामिल किया जा सकता है।
• 2न्यायालय को अलग-अलग सुनवाई का आदेश देने का अधिकार है।
• 3Who may be joined as defendants.
• 3A[ Power to order separate trials where joinder of defendants may embarrass or delay trial.
• 4न्यायालय संयुक्त पक्षों में से एक या अधिक के पक्ष में या उनके विरुद्ध निर्णय दे सकता है।
• 5Defendant need not be interested in all the relief claimed.
• 6Joinder of parties liable on same contract.
• 7When plaintiff in doubt from whom redress is to be sought.
• 8One person may sue or defend on behalf of all in same interest.
• 8A[ Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
• 9Misjoinder and nonjoinder.
• 10गलत वादी के नाम पर मुकदमा।
• 10A[ Power of Court to request any pleader to address it.
• 11मुकदमे की कार्यवाही।
• 12Appearance of one of several plaintiffs or defendants for others.
• 13Objections as to nonjoinder or misjoinder.

Order II - Frame of Suit

• 1सूट का फ्रेम।
• 2मुकदमे में संपूर्ण दावा शामिल होना चाहिए।
• 3Joinder of causes of action.
• 4अचल संपत्ति की वसूली के लिए केवल कुछ ही दावों को शामिल किया जाएगा।
• 5Claims by or against executor, administrator or heir.
• 6न्यायालय को मुकदमों को अलग-अलग करने का अधिकार है।
• 7गलत संयोजन संबंधी आपत्तियाँ।

Order III - Recognized Agents and Pleaders

• 1उपस्थिति आदि व्यक्तिगत रूप से, मान्यता प्राप्त प्रतिनिधि द्वारा या वकील द्वारा हो सकती है।
• 2मान्यता प्राप्त एजेंट।
• 3Service of process on recognized agent.
• 4वकील की नियुक्ति। [मूल नियम 4 के स्थान पर अधिनियम 22, 1926 की धारा 2 द्वारा प्रतिस्थापित।]
• 5Service of process on pleader.
• 6एजेंट को सेवा स्वीकार करनी होगी।

Order IV - Institution of Suits

• 1वादपत्र के माध्यम से मुकदमा शुरू किया जाएगा।
• 2मुकदमों का रजिस्टर।

Order V - Issue and service of summons

• 1समन।
• 2Copy or statement annexed to summons.
• 3Court may order defendant or plaintiff to appear in person.
• 4कुछ निश्चित सीमाओं के अधीन, निवासी होने के अलावा किसी भी पक्ष को व्यक्तिगत रूप से उपस्थित होने का आदेश नहीं दिया जाएगा।
• 5Summons to be either to settle issues or for final disposal.
• 6Fixing day for appearance of defendant.
• 7अभियुक्त को उसके द्वारा भरोसा किए गए दस्तावेजों को प्रस्तुत करने का आदेश देने के लिए समन जारी किया गया।
• 8On issue of summons for final disposal, defendant to be directed to produce his witnesses.
• 9Delivery or transmission of summons for service.
• 9ASummons given to the plaintiff for service.
• 10Mode of service.
• 11Service on several defendants.
• 12Service to be on defendant on person when practicable, or on his agent.
• 13Service on agent by whom defendant carries on business.
• 14Service on agent in charge in suits for immovable property.
• 15जहां प्रतिवादी के परिवार के किसी वयस्क सदस्य को नोटिस दिया जा सकता है।
• 16Person served to sign acknowledgement.
• 17Procedure when defendant refuses to accept service, or cannot be found.
• 18Endorsement of time and manner of service.
• 19Examination of serving officer..

Order VI - Pleading generally

• 1निवेदन करना।
• 2[ Pleading to state material facts and not evidence.
• 3Forms of pleading.
• 3AForms of pleading in Commercial Courts––
• 4Particulars to be given where necessary.
• 5Further and better statement, or particulars.
• 6Condition precedent.
• 7प्रस्थान।
• 8Denial of contract.
• 9Effect of document to be stated..
• 10Malice, knowledge, etc.,.
• 11सूचना।
• 12Implied contract, or relation.
• 13Presumptions of law.
• 14Pleading to be signed.
• 14A[ Address for service of notice. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 15अभिवेदनों का सत्यापन।
• 15AVerification of pleadings in a commercial dispute—
• 16[ Striking out pleadings. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for rule 16 (w.e.f. 1.2.1977).]
• 17[ Amendment of pleadings. [Substituted by the Code of Civil Procedure (Amendment) Act, 2002, Section 7, for rule 17 (w.e.f. 1.7.2002).]

Order VII - Plaint

• 1शिकायत में निम्नलिखित विवरण शामिल होने चाहिए।
• 2In money suits.
• 2AWhere interest is sought in the suit—
• 3Where the subject-matter of the suit is immovable property.
• 4When plaintiff sues as representative.
• 5Defendant's interest and liability to be shown.
• 6Grounds of exemption from limitation law.
• 7राहत का विशेष रूप से उल्लेख किया जाना चाहिए।
• 8Relief founded on separate ground.
• 9Procedure on admitting plaint.
• 10[ Return of plaint. [This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) Section 265.]
• 10A[ Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 10BPower of appellate Court to transfer suit to the proper Court. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 11Rejection of plaint.
• 12Procedure on rejecting plaint.
• 13Where rejection of plaint does not preclude presentation of fresh plaint.
• 14[ Production of document on which plaintiff sues. [Substituted by the Code of Civil Procedure (Amendment) Act, 1999, Section 17, for rule 14 (w.e.f. 1.7.2002).]
• 15Statement in case of documents not in plaintiff's possession or power.
• 16Suits on lost negotiable instruments.
• 17Production of shop-book.

Order VIII - Written Statement, Set-of and Counter-claim

• 1लिखित बयान।
• 2New facts must be specially pleaded.
• 3Denial to be specific.
• 3ADenial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court—
• 4Evasive denial.
• 5Specific denial.
• 6Particulars of set-off to be given in written statement.
• 6A[ Counter-claim by defendant. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 6BCounter-claim to be stated. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 6CExclusion of counter-claim. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 6DEffect of discontinuance of suit. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 6EDefault of plaintiff to reply to counter-claim.
• 6FRelief to defendant where counter-claim succeeds. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 6GRules relating to written statement to apply. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 7Defence or set-off founder upon separate grounds.
• 8New ground of defence.
• 8ADuty of defendant to produce documents upon which relief is claimed by him.
• 9[ Subsequent pleadings. [Substituted by the Code of Civil Procedure (Amendment) Act, 2002, Section 9, for rule 9 (w.e.f. 1.7.2002).]
• 10[ Procedure when party fails to present written statement called for by Court. [Substituted by the Code of Civil Procedure (Amendment) Act, 2002, Section 9, for rule 10 (w.e.f. 1.7.2002).]

Order IX - Appearance of Parties and Consequence of Non-appearance

• 1अभियुक्तों को समन में निर्धारित तिथि पर उपस्थित होना होगा और उत्तर देना होगा।
• 2[ Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost.
• 3Where neither party appears, suit to be dismissed.
• 4Plaintiff may bring fresh suit or Court may restore suit to file.
• 5Dismissal of suit where plaintiff after summons returned unserved, fails for [seven days] [Substituted by the Code of Civil Procedure (Amendment) Act, 1999, Section 19, for " one month" (w.e.f. 1.7.2002).] to apply for fresh summons.
• 6Procedure when only plaintiff appears.
• 7Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.
• 8Procedure where defendant only appears.
• 9Decree against plaintiff by default bars fresh suit.
• 10Procedure in case of non-attendance of one or more of several plaintiffs.
• 11Procedure in case of non-attendance of one or more of several defendants.
• 12Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.
• 13Setting aside decree ex parte against defendant.
• 14No decree to be set aside without notice to opposite party.

Order X - Examination of Parties by the Court

• 1यह निर्धारित करना कि अभिवेदनों में लगाए गए आरोप स्वीकार किए गए हैं या अस्वीकार किए गए हैं।
• 2[ Oral examination of party, or companion of party. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for rule 2, (w.e.f. 1.2.1977).]
• 3Substance of examination to be written.
• 4Consequence of refusal or inability of pleader to answer.

Order XI - Discovery and Inspection

• 1पूछताछ के माध्यम से जानकारी प्राप्त करना।
• 2Particular interrogatories to be submitted.
• 3Costs of interrogatories.
• 4Form of interrogatories. .
• 5Corporations.
• 6Objections to interrogatories by answer.
• 7Setting aside and striking out interrogatories.
• 8Affidavit in answer, filing.
• 9Form of affidavit in answer.
• 10No exception to be taken.
• 11Order to answer or answer further.
• 12Application for discovery of documents.
• 13Affidavit of documents.
• 14Production of documents.
• 15Inspection of documents referred to in pleadings or affidavits.
• 16Notice to produce.
• 17Time for inspection when notice given.
• 18Order for inspection.
• 19Verified copies.
• 20Premature discovery.

Order XI (Commercial Courts) - Disclosure, discovery and inspection of documents in suits before the Commercial Division of a High Court or a Commercial Court

• 1दस्तावेजों का खुलासा और खोज।
• 2Discovery by interrogatories. —
• 3Inspection. —
• 4Admission and denial of documents. —
• 5Production of documents. —
• 6Electronic records. —
• 7Certain provisions of the Code of Civil Procedure, 1908 not to apply. —

Order XII - Admission

• 1मामले की स्वीकृति की सूचना।
• 2Notice to admit documents.
• 2A[ Document to be deemed to be admitted if not divided after service of notice to admit documents. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 3Form of notice.
• 3A[ Power of Court to record admission. [Inserted by Act 66 of 1956, Section 14 (w.e.f. 1.1.1957).]
• 4Notice to admit acts.
• 5Form of admissions.
• 6[ Judgment on admissions. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for rule 6 (w.e.f.1.2.1977).]
• 7Affidavit of signature.
• 8Notice to produce documents.
• 9Costs.

Order XIII - Production, Impounding and Return of Documents

• 1विवादों के निपटारे के समय या उससे पहले मूल दस्तावेज प्रस्तुत किए जाने चाहिए।
• 3Rejection of irrelevant or inadmissible documents.
• 4Endorsements on documents admitted in evidence.
• 5Endorsements on copies of admitted entries in books, accounts and records.
• 6Endorsements on documents rejected as inadmissible in evidence.
• 7Recording of admitted and return or rejected documents.
• 8Court may order any document to be impounded.
• 9Return of admitted documents.
• 10Court may send for papers from its own records or from other Courts.
• 11Provisions as to documents applied to material objects.

Order Xiii-a - Summary Judgment

• 1इस आदेश के अंतर्गत आने वाले मुकदमों का दायरा और प्रकार।
• 2Stage for application for summary judgment. —
• 3Grounds for summary judgment. —
• 4Procedure. —
• 5Evidence for hearing of summary judgment. —
• 6Orders that may be made by Court. —
• 7Conditional order. —
• 8Power to impose costs. —

Order XIV - Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

• 1मुद्दों का निर्धारण।
• 2[ Court to pronounce judgment on all issues. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for rule 2 (w.e.f. 1.2.1977).]
• 3Materials from which issues may be framed.
• 4Court may examine witnesses or documents before framing issues.
• 5[ Power to amend and strike out, issues. [Substituted by the Code of Civil Procedure (Amendment) Act, 2002, Section 11, for rule 5 (w.e.f. 1.7.2002).]
• 6Questions of fact or law may by agreement be stated in form of issues.
• 7Court, if satisfied that agreement was executed in good faith, may pronounce judgment.

Order XV - Disposal of the Suit at the First Hearing

• 1विवाद में शामिल पक्ष नहीं।
• 2One of several defendants not at issue.
• 3Parties at issue.
• 4Failure to produce evidence.

Order XV-A - Case Management Hearing

• 1पहली केस मैनेजमेंट सुनवाई।
• 2Orders to be passed in a Case Management Hearing. —
• 3Time limit for the completion of a trail. —
• 4Recording of oral evidence on a day-to-day basis. —
• 5Case Management Hearings during a trial. —
• 6Powers of the Court in a Case Management Hearing. —
• 7Adjournment of Case Management Hearing. —
• 8Consequences of non-compliance with orders. —

Order XVI - Summoning and Attendance of Witnesses

• 1[गवाहों की सूची और गवाहों को समन। [सिविल प्रक्रिया संहिता (संशोधन) अधिनियम, 1976 की धारा 72 द्वारा नियम 1 के स्थान पर प्रतिस्थापित (1.2.1977 से प्रभावी)।]
• 1A[Production of witnesses without summons-.
• 2Expenses of witnesses to be paid into Court on applying for summons.
• 3Tender of expenses to witness.
• 4Procedure where insufficient sum paid in.
• 5Time, place and purpose of attendance to be specified in summons.
• 6Summons to produce document.
• 7Power to require persons present in Court to give evidence or produce document.
• 7A[ Summons given to party for service [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 8Summons how served.
• 9Time for serving summons.
• 10Procedure whose witness fails to comply with summons.
• 11If witness appears attachment may be withdrawn.
• 12Procedure if witness fails to appear.
• 13Mode of attachment..
• 14Court may of its own accord summon as witnesses strangers to suit..
• 15Duty of persons summoned give evidence or produce document.
• 16When they may depart.
• 17Application of rules 10 to 13.
• 18Procedure where witness apprehended cannot give evidence or produce document.

Order Xvi-a - Attendance of Witnesses Confined or Detained in Prisons

• 1परिभाषाएँ।
• 2Power to require attendance of prisoners to give evidence.
• 3Expenses to be paid into Court.
• 4Power of State Government to exclude certain persons from the operation of rule 2.
• 5Officer in charge of prison to abstain from carrying out order in certain cases.
• 6Prisoner to be brought to Court in custody.
• 7Power to issue commission for examination of witness in prison.

Order XVII

• 1न्यायालय समय दे सकता है और सुनवाई स्थगित कर सकता है।
• 2Procedure if parties fail to appear on day fixed,.
• 3Court may proceed notwithstanding either party fails to produce evidence, etc..

Order XVIII - Hearing of the Suit and Examination of Witnesses

• 1शुरुआत करने के लिए बिल्कुल सही।
• 2Statement and production of evidence.
• 3Evidence where several issues.
• 3AParty to appear before other witnesses. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
• 4Recording of evidence.
• 5How evidence shall be taken in appealable cases.
• 6When deposition to be interpreted.
• 7Evidence under Section 138.
• 8Memorandum when evidence not taken down by Judge.
• 10Any particular question and answer may be taken down.
• 11Questions objected to and allowed by Court.
• 12Remarks on demeanour of witnesses.
• 13[ Memorandum of evidence in unappealable cases. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 69, for former rule (w.e.f. 1.2.1977).]
• 14Judge unable to make such memorandum to record reasons of his liability.
• 15Power to deal with evidence taken before another Judge.
• 16Power to examine witness immediately.
• 17Court may recall and examine witness.
• 17A. Production of evidence not previously known or which could not be produced despite due diligence.
• 18Power of Court to inspect.
• 19[ Power to get statements recorded on commission. [Inserted by the Code of Civil Procedure (Amendment) Act, 1999, Section 27 (w.e.f. 1.7.2002).]

Order XIX - Affidavits

• 1शपथपत्र के माध्यम से किसी भी बिंदु को सिद्ध करने का आदेश देने का अधिकार।
• 2Power to order attendance of deponent for cross-examination.
• 3Matters to which affidavits shall be confined.
• 4[Court may control evidence. —
• 5Redacting or rejecting evidence. —
• 6Format and guidelines of affidavit of evidence. —An affidavit must comply with the form and requirements set forth below:—

Order XX - Judgment and Decree

• 1निर्णय सुनाए जाने पर।
• 2Power to pronounce judgment written by judge's predecessor.
• 3Judgment to be signed.
• 4Judgments of Small Cause Courts.
• 5Court to state its decision on each issue.
• 5A[Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
• 6Contents of decree.
• 6A[Preparation of decree.
• 6B[Copies of judgments when to be made available.
• 7Date of decree.
• 8Procedure where Judge has vacated office before signing decree.
• 9Decree for recovery of immovable property.
• 10Decree for delivery of movable property.
• 11Decree may direct payment by instalments.
• 12Decree for possession and mesne profits.
• 12A[Decree for specific performance of contract for the sale or lease of immovable property.
• 13Decree in administration suit.
• 14Decree in pre-emption suit.
• 15Decree in suit for dissolution of partnership.
• 16Decree in suit for account between principal and agent.

Order XX-A - Cost

• 1Provisions relating to certain items.
• 2Costs to be awarded in accordance with the rules made by High Court.

Order XXI - Execution of Decrees and Orders

• 11. Modes of paying money under decree.—
• 2Payment out of Court to decree-holder.
• 3Lands situate in more than one jurisdiction.
• 4Transfer to Court of Small Causes.
• 5[Mode of transfer.
• 6Procedure where Court desires that its own decree shall be executed by another Court.
• 7Court receiving copies of decree, etc. to file same without proof.
• 8Execution of decree or order by Court to which it is sent.
• 9Execution of High Court of decree transferred by other Court.
• 10निष्पादन हेतु आवेदन।
• 11Oral application.
• 11A. [Application for arrest to state grounds.
• 12Application for attachment of movable property not in judgment-debtor's possession.
• 13Application for attachment of immovable property to contain certain particulars.
• 14Power to require certified extract from Collector's register in certain cases.
• 15Application for execution by joint decree-holders.
• 16Application for execution by transferee of decree.
• 17Procedure on receiving application for execution of decree.
• 18Execution in case of cross-decrees.
• 19Execution in case of cross-claims under same decree.

Order XXII - Death, Marriage, Insolvency or Parties

• 1No abatement by party's death if right to sue survives.
• 2Procedure where one of several plaintiffs or defendants dies and right to sue survives.
• 3Procedure in case of death of one of several plaintiffs or of sole plaintiff.
• 4Procedure in case of death of one of several defendants or of sole defendant.
• 4A. [Procedure where there is no legal representative.
• 5Determination of question as to legal representative.
• 6No abatement by reason of death after hearing.
• 7Suit not abated by marriage of female party.
• 8When plaintiffs insolvency bars suit.
• 9Effect of abatement or dismissal.
• 10Procedure in case of assignment before final order in suit.
• 11Application of Order to appeals.
• 12Application of Order to proceedings.

Order XXIII - Withdrawal and Adjustment of Suits

• 1[ Withdrawal of suit or abandonment of part of claim.
• 1AWhen transposition of defendants as plaintiffs may be permitted.
• 2Limitation law not affected by first suit.
• 3Compromise of suit.
• 3ABar to suit.
• 3BNo agreement or compromise to be entered in a representative suit without leave of Court.
• 4Proceeding in execution of decrees not affected.

Order XXIV - Payment Into Court

• 1Deposit by defendant of amount in satisfaction of claim.
• 2Notice of deposit.
• 3Interest on deposit not allowed to plaintiff after notice.
• 4Procedure where plaintiff accepts deposit as satisfaction in part.

Order XXV - Security for Costs

• 1When security for costs may be required from plaintiff.
• 2Effect of failure to furnish security.

Order XXVI - Commissions

• 1Cases in which Court may issue commission to examine witness.
• 2Order for commission.
• 3Where witness resides within Court's jurisdiction.
• 4Persons for whose examination commission may issue.
• 4A[ Commission for examination of any person resident within the local limits of the jurisdiction of the Court.- Notwithstanding anything contained in these rules, any Court may, in the interest or justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.][Inserted by the Code of Civil Procedure (Amendment) Act, 1999, Section 29 (w.e.f. 1.7.2002).]
• 5Commission or request to examine witness not within India.
• 6Court to examine witness pursuant to Commission.
• 7Return of commission with depositions of witnesses.
• 8When depositions may be read in evidence.
• 9Commissions to make local investigations.
• 10Procedure of Commissioner.
• 10ACommission for scientific investigation.
• 10BCommission for performance of a ministerial act.
• 10CCommission for the sale of movable property.
• 11Commission to examine or adjust accounts.
• 12Court to give Commissioner necessary instructions.
• 13Commission to make partition of immovable property.
• 14Procedure of Commissioner.
• 15Expenses of commission to be paid into Court.
• 16आयुक्तों की शक्तियां।

Order XXVII - Suits by or against the Government or Public Officers in their official capacity

• 1Suits by or against Government.
• 2Persons authorised to act for Government.
• 3Plaints in suits by or against Government.
• 4Agent for Government to receive process.
• 5Fixing of day for appearance on behalf of Government.
• 5A[Government to be joined as a party in a suit against a public officer.
• 5BDuty of Court in suits against the Government or a public officer to assist in arriving at a settlement.
• 6Attendance of person able to answer questions relating to suit against Government.
• 7Extension of time to enable public officer to make reference to Government.
• 8Procedure in suits against public officer.
• 8ANo security to be required from Government or a public officer in certain cases.
• 8BDefinitions of "Government" and "Government pleader".

Order Xxvii-a - Suits involving a substantial question of Law as to the Interpretation for the Constitution or as to the validity of any Statutory instrument

• 1Notice to the Attorney General or the Advocate-General.
• 1A[Procedure in suits involving validity of any statutory instrument.
• 2Court may add Government as party.
• 2A[Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.
• 3Costs.
• 4Application or Order to appeals.

Order XXVIII - Suits by or Against Military or Naval Men or Airmen

• 1Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them.
• 2Person so authorized may act personally or appoint pleader.
• 3Service on person so authorized, or on his pleader, to be service.

Order XXIX - Suits by or against Corporations

• 1Subscription and verification of pleading.
• 2Service on corporation.
• 3Power to require personal attendance of officer of corporation.

Order XXX - Suits by or against Firms and Persons carrying on business in names other than their own

• 1Suing of partners in name of firm.
• 2Disclosure of partners' names.
• 3Service.
• 4Rights of suit on death of partner.
• 5Notice in what capacity served.
• 6Appearance of partners.
• 7No appearance except by partners.
• 8[Appearance under protest.
• 9Suits between co-partners.
• 10[Suit against person carrying on business in name other than his own.

Order XXXI - Suits by or Against Trustees, Executors and Administrators

• 1Representation of beneficiaries in suits concerning property vested in trustees, etc..
• 2Joinder of trustee, executors and administrators.
• 3Husband of married executrix not to join.

Order XXXII - Suits by or against Minors and Persons of Unsound mind

• 1Minor to sue by next friend.
• 2Where suit is instituted without next friend, plaint to be taken off the file.
• 2A[Security to be furnished by next friend when so ordered.
• 3Guardian for the suit to be appointed by Court for minor defendant.
• 3A. [Decree against minor to be set aside unless prejudice has been caused to his interests.
• 4Who may act as next friend or be appointed guardian for the suit.
• 5Representation of minor by next friend or guardian for the suit.
• 6Receipt by next friend or guardian for the suit of property under decree for minor.
• 7Agreement or compromise by next friend or guardian for the suit.
• 8Retirement of next friend.
• 9Removal of next friend.
• 10Stay of proceedings on removal, etc., of next friend.
• 11Retirement, removal or death of guardian for the suit.
• 12Course to be followed by minor plaintiff or applicant on attaining majority.
• 13Where minor co-plaintiff attaining, majority desires to repudiate suit.
• 14Unreasonable or improper suit.
• 15[ Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.
• 16[ Savings.

Order Xxxii-a - Suits Relating to matters concerning the family

• 1Application of the Order.
• 2Proceedings to be held in camera.
• 3Duty of Court to make efforts for settlement.
• 4Assistance of welfare expert.
• 5Duty to inquire into facts.
• 6"Family".

Order XXXIII - Suits by Indigent Persons

• 1Suits may be instituted by indigent person.
• 1A. [Inquiry into the means of an indigent person.
• 2Contents of application.
• 3Presentation of application.
• 4Examination of applicant.
• 5Rejection of application.
• 6Notice of day for receiving evidence of applicant's indigency.
• 7Procedure at hearing.
• 8Procedure if application admitted.
• 9Withdrawal of permission to sue as an indigent person.
• 10Costs were indigent person succeeds.
• 11Procedure where indigent person fails.
• 11AProcedure where indigent persons suit abates.
• 12State Government may apply for payment of court-fees.
• 13State Government to be deemed a party.
• 14Recovery of amount of court-fees..
• 15Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature.
• 15A[ Grant of time for payment of court-fee.
• 16Costs.
• 17[ Defence by an indigent person. [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]

Order XXXIV - *Suits Relating to Mortgages of Immovable Property

• 1Parties to suits for foreclosure sale and redemption.
• 2Preliminary decree in foreclosure suit.
• 3Final decree in foreclosure suit.
• 4Preliminary decree in suit for sale.
• 5Final decree in suit for sale.
• 6Recovery of balance due on mortgage in suit for sale.
• 7Preliminary decree is redemption suit.
• 8Final decree in redemption suit.
• 8ARecovery of balance due on mortgage in suit for redemption.
• 9Decree where nothing is found due or where mortgagee has been overpaid.
• 10Costs of mortgagee subsequent to decree.
• 10A[Power of Court to direct mortgagee to pay BImesne profits.
• 11Payment of interest.
• 12Sale of property subject to prior mortgage.
• 13Application of proceeds.
• 14Suit for sale necessary for bringing mortgaged property to sale.
• 15Mortgages by the deposit of title deeds and charges.

Order XXXV - Interpleader

• 1Plaint in interpleader-suit.
• 2Payment of thing claimed into Court.
• 3Procedure where defendant is suing plaintiff.
• 4Procedure at first hearing.
• 5Agents and tenants may not institute interpleader suits.
• 6Charge for plaintiff's costs.

Order XXXVI - Special Case

• 1Power to state case for Court's opinion.
• 2Where value of subject-matter must be stated.
• 3Agreement to be filed and registered as suit.
• 4Parties to be subject to Court's jurisdiction.
• 5Hearing and disposal of case.
• 6[ No appeal from a decree passed under rule 5.

Order XXXVII - Summary Procedure

• 1[Courts and classes of suits to which the Order is to apply.
• 2[Institution of summary suits.
• 3[Procedure for the appearance of defendant.
• 4Power to set aside decree.
• 5Power to order bill, etc., to be deposited with officer of Court.
• 6Recovery of cost of noting non-acceptance of dishonoured bill or note.
• 7Procedure in suits.

Order XXXVIII - Arrest and Attachment before judgment

• 1Where defendant may be called upon to furnish security for appearance.
• 2Security.
• 3Procedure on application by surety to be discharged.
• 4Procedure where defendant fails to furnish security or find fresh security.
• 5Where defendant may be called upon to furnish security for production of property.
• 6Attachment where cause not shown or security not furnished.
• 7Mode of making attachment.
• 8[ Adjudication of claim to property attached before judgment.
• 9Removal of attachment when security furnished or suit dismissed.
• 10Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.
• 11Property attached before judgment not to be re-attached in execution of decree.
• 11A. [Provisions applicable to attachment.
• 12Agricultural produce not attachable before judgment.
• 13Small Cause Court not to attach immovable property.

Order XXXIX - Temporary Injunctions and Interlocutory Orders

• 1Cases in which temporary injunction may be granted.
• 2Injunction to restrain repetition or continuance of breach.
• 2A[Consequence of disobedience or breach of injunction.
• 3Before granting injunction, Court to direct notice to opposite party.
• 3A[Court to dispose of application for injunction within thirty days.
• 4निषेधाज्ञा आदेश को रद्द, परिवर्तित या निरस्त किया जा सकता है।
• 5Injunction to corporation binding on its officer.
• 6Power to order interim sale.
• 7Detention, preservation, inspection, etc., of subject-matter of suit .
• 8Application for such orders to be after notice.
• 9When party may be put in immediate possession of land the subject-matter of suit.
• 10न्यायालय में धन आदि जमा करना।

Order XL - Appointment of Receivers

• 1Appointment of receivers.
• 2Remuneration.
• 3Duties.
• 4Enforcement of receiver's duties.
• 5When Collector may be appointed receiver.

Order Xli - Appeals from Original Decrees

• 1अपील का प्रारूप। ज्ञापन के साथ क्या संलग्न करना है।
• 2Grounds which may be taken in appeal.
• 3Rejection or amendment of memorandum.
• 3A. [Application for condonation of delay.
• 4One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all.
• 5Stay by Appellate Court.
• 6Security in case of order for execution of decree appealed from.
• 7No security to be required from the Government or a public officer in certain cases.
• 8Exercise of powers in appeal from order made in execution of decree.
• 9Registry of memorandum of appeal.
• 10Appellate Court may require appellant to furnish security for costs.
• 11Power to dismiss appeal without sending notice to Lower Court.
• 12Day for hearing appeal.
• 13Appellate Court to give notice to Court whose decree appealed from.
• 14Publication and service of notice of day for hearing appeal.
• 15Contents of notice.
• 16Right to begin.
• 17Dismissal of appeal for appellants default.
• 18Dismissal of appeal where notice not served in consequence of appellant's failure to deposit costs.
• 19Re-admission of appeal dismissed for default.

Order Xlii - Appeals from Appellate Decrees

• 1Procedure.
• 2Power of Court to direct that the appeal be heard on the question formulated by it.
• 3Application of rule 14 of Order XLI.

Order Xliii - Appeals from Orders

• 1आदेशों के विरुद्ध अपील।
• 2Procedure.

Order Xliv - Appeals by indigent Persons

• 1Who may appeal [as an indigent person] [Substituted by Act 104 of 1976 " as pauper" (w.e.f. 1.2.1976)].
• 2[Grant of time for payment of court-fee.
• 3Inquiry as to whether applicant is an indigent person.

Order Xlv

• 1"Decree" defined.
• 2Application to Court whose complained of.
• 3Certificate as to value or fitness.
• 4[Consolidation of suits.]
• 5[Remission of dispute to Court of first instance.]
• 6Effect of refusal of certificate.
• 7Security and deposit required on grant of certificate.
• 8Admission of appeal and procedure thereon.
• 9Revocation of acceptance of security.
• 9A[Power to dispense with notices in case of deceased parties.
• 10Power to order further security or payment.
• 11Effect of failure to comply with order.
• 12Refund of balance deposit.
• 13Powers of Court pending appeal.
• 14Increase of security found inadequate.
• 15Procedure to enforce orders of the Supreme Court.
• 16Appeal from order relating to execution.
• 17[ ] [Inserted by A.O. 1937.][Appeals to Federal Court].

Order Xlvi - Reference

• 1Reference of question to High Court.
• 2Court may pass decree contingent upon decision of High Court.
• 3Judgment of High Court to be transmitted and case disposed of accordingly.
• 4Costs of reference to High Court.
• 4A[Reference to high Court under proviso to section 113.
• 5Power to alter, etc., decree of Court making reference.
• 6Power to refer to High Court questions as to jurisdiction in small causes.
• 7Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes.

Order Xlvii - Review

• 1Application for review of judgment.
• 2[To whom applications for review may be made.]
• 3Form of applications for review.
• 4Application where rejected.
• 5Application for review in Court consisting of two or more judges.
• 6Application where rejected.
• 7Order of rejection not appealable. Objections to order granting application.
• 8Registry of application granted, and order for re-hearing.
• 9Bar of certain application.

Order Xlviii - Miscellaneous

• 1Process to be served at expense of party issuing.
• 2Orders and notices how served.
• 3Use of forms in appendices..

Order Xlix - Chartered High Courts

• 1Who may serve processes of High Court.
• 2Saving in respect of Chartered High Courts.
• 3Application of rules.

Order L - Provincial Small Cause Courts

• 1Provincial Small Cause Courts.

Order Li - Presidency Small Cause Courts

• 1Presidency Small Cause Courts.

Appendix A - Pleading

• 1Titles of Suits
• 2Description of parties in particular Cases
• 3शिकायतें
• 4WRITTEN STATEMENTS

Appendix B - Process

• BPROCESS

Appendix C - Discovery, Inspection and Admission

• CDISCOVERY, INSPECTION AND ADMISSION

Appendix D - Decrees

• DDECREES

Appendix E - Execution

• EEXECUTION

Appendix F - Supplemental Proceedings

• FSUPPLEMENTAL PROCEEDINGS

Appendix G

• GAppendix G

Appendix H - Miscellaneous

• HMISCELLANEOUS