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Section 72

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Chapter 0Preliminary

1Short title, commencement and extent
2Definitions
3Subordination of Courts
4Savings
5Application of the Code to Revenue Courts
6Pecuniary jurisdiction
7Provincial Small Cause Courts
8Presidency Small Cause Courts

Chapter IJurisdiction OF THE Courts AND Res judicata · Place of Suing · Institution of Suits · Summons and Discovery · Judgment and Decree · Interest · Costs

Jurisdiction OF THE Courts AND Res judicata

9Courts to try all civil suits unless barred
10Stay of suit
11Res judicata
12Bar to further suit
13When foreign judgment not conclusive
14Presumption as to foreign judgments

Place of Suing

15Court in which suits to be instituted
16Suits to be instituted where subject-matter situate
17Suits for immovable property situate within jurisdiction of different Courts
18Place of institution of suit where local limits of jurisdiction of Courts are uncertain
19Suits for compensation for wrongs to person or movables
20Other suits to be instituted where defendants reside or cause of action arises
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

26Institution of suits

Summons and Discovery

27Summons to defendants
28Service of summons where defendant resides in another State
29Service of foreign summonses
30Power to order discovery and the like
31Summons to witness
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

Chapter IIGeneral · Courts by Which Decrees May Be Executed · Questions to Be Determined by Court Executing Decree · Limit of Time for Execution · Transferees and Legal Representatives · Procedure in Execution · Arrest and Detention · Attachment · Sale · Delegation to Collector of Power to Execute Decrees Against Immovable Property · Distribution of Assets · Resistance to Execution

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.]

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.]
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.]
69[Repealed.]
70[Repealed.]
71[Repealed.]
72[Repealed.]

Distribution of Assets

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

Resistance to Execution

74Resistance to execution

Chapter IIICommissions

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

Chapter IVSuits by or Against the Government or Public Officers in Their Official Capacity · Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys · Suits Against Rulers of Former Indian States · Interpleader

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

88Where interpleader-suit may be instituted

Chapter VArbitration · Special Case · Public Nuisances and Other Wrongful Acts Affecting the Public

Arbitration

89Settlement of disputes outside the Court

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

Chapter VISupplemental Proceedings

94Supplemental proceedings
95Compensation for obtaining arrest, attachment or injunction on insufficient ground

Chapter VIIAppeals from Original Decrees · Appeals from Appellate Decrees · Appeals from Orders · General Provisions Relating to Appeals · Appeals to the Supreme Court

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.]
111[Omitted.]
111A[Omitted.]
112Savings

Chapter VIIIReference, Review and Revision

113Reference to High Court
114Review
115Revision

Chapter IXSpecial Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner

116Part to apply only to certain High Courts
117Application of Code to High Courts
118Execution of decree before ascertainment of costs
119Unauthorised persons not to address Court
120Provisions not applicable to High Court in original civil jurisdiction

Chapter XRules

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

Chapter XIMiscellaneous

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

Chapter 12Order I - Parties of Suits · Order II - Frame of Suit · Order III - Recognized Agents and Pleaders · Order IV - Institution of Suits · Order V - Issue and service of summons · Order VI - Pleading generally · Order VII - Plaint · Order VIII - Written Statement, Set-of and Counter-claim · Order IX - Appearance of Parties and Consequence of Non-appearance · Order X - Examination of Parties by the Court · Order XI - Discovery and Inspection · Order XI (Commercial Courts) - Disclosure, discovery and inspection of documents in suits before the Commercial Division of a High Court or a Commercial Court · Order XII - Admission · Order XIII - Production, Impounding and Return of Documents · Order Xiii-a - Summary Judgment · Order XIV - Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon · Order XV - Disposal of the Suit at the First Hearing · Order XV-A - Case Management Hearing · Order XVI - Summoning and Attendance of Witnesses · Order Xvi-a - Attendance of Witnesses Confined or Detained in Prisons · Order XVII · Order XVIII - Hearing of the Suit and Examination of Witnesses · Order XIX - Affidavits · Order XX - Judgment and Decree · Order XX-A - Cost · Order XXI - Execution of Decrees and Orders · Order XXII - Death, Marriage, Insolvency or Parties · Order XXIII - Withdrawal and Adjustment of Suits · Order XXIV - Payment Into Court · Order XXV - Security for Costs · Order XXVI - Commissions · Order XXVII - Suits by or against the Government or Public Officers in their official capacity · 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 · Order XXVIII - Suits by or Against Military or Naval Men or Airmen · Order XXIX - Suits by or against Corporations · Order XXX - Suits by or against Firms and Persons carrying on business in names other than their own · Order XXXI - Suits by or Against Trustees, Executors and Administrators · Order XXXII - Suits by or against Minors and Persons of Unsound mind · Order Xxxii-a - Suits Relating to matters concerning the family · Order XXXIII - Suits by Indigent Persons · Order XXXIV - *Suits Relating to Mortgages of Immovable Property · Order XXXV - Interpleader · Order XXXVI - Special Case · Order XXXVII - Summary Procedure · Order XXXVIII - Arrest and Attachment before judgment · Order XXXIX - Temporary Injunctions and Interlocutory Orders · Order XL - Appointment of Receivers · Order Xli - Appeals from Original Decrees · Order Xlii - Appeals from Appellate Decrees · Order Xliii - Appeals from Orders · Order Xliv - Appeals by indigent Persons · Order Xlv · Order Xlvi - Reference · Order Xlvii - Review · Order Xlviii - Miscellaneous · Order Xlix - Chartered High Courts · Order L - Provincial Small Cause Courts · Order Li - Presidency Small Cause Courts

Order I - Parties of Suits

1Who may be joined as plaintiffs
2Power of Court to order separate trial
3Who may be joined as defendants
3A[ Power to order separate trials where joinder of defendants may embarrass or delay trial
4Court may give judgment for or against one or more of joint parties.
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
10Suit in name of wrong plaintiff
10A[ Power of Court to request any pleader to address it
11Conduct of suit
12Appearance of one of several plaintiffs or defendants for others
13Objections as to nonjoinder or misjoinder

Order II - Frame of Suit

1Frame of suit
2Suit to include the whole claim
3Joinder of causes of action
4Only certain claims to be joined for recovery of immovable property
5Claims by or against executor, administrator or heir
6Power of Court to separate trials
7Objections as to misjoinder

Order III - Recognized Agents and Pleaders

1Appearances, etc., may be in person, by recognized agent or by pleader
2Recognized agent
3Service of process on recognized agent
4Appointment of pleader. [Substituted by Act 22 of 1926, Section 2, for the original Rule 4.]
5Service of process on pleader
6Agent to accept service

Order IV - Institution of Suits

1Suit to be commenced by plaint
2Register of suits

Order V - Issue and service of summons

1Summons
2Copy or statement annexed to summons
3Court may order defendant or plaintiff to appear in person
4No party to be ordered to appear in person unless resident with certain limits
5Summons to be either to settle issues or for final disposal
6Fixing day for appearance of defendant
7Summons to order defendant to produce documents relied on by him
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
15[ Where service may be on an adult member of defendant's family
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

1Pleading
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
7Departure
8Denial of contract
9Effect of document to be stated.
10Malice, knowledge, etc.,
11Notice
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).]
15Verification of pleadings
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

1Particulars to be contained in plaint
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
7Relief to be specifically stated
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

1Written statement
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

1Parties to appear on day fixed in summons for defendant to appear and answer
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

1Ascertainment whether allegations in pleadings are admitted or denied
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

1Discovery by interrogatories
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

1Disclosure and discovery of documents.—
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

1Notice of admission of case
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

1Original documents to be produced at or before the settlement of issues
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

1Scope of and classes of suits to which this Order applies. —
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

1Framing of issues
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

1Parties not at issue
2One of several defendants not at issue
3Parties at issue
4Failure to produce evidence

Order XV-A - Case Management Hearing

1First Case Management Hearing. —
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[ List of witnesses and summons to witnesses. [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 for rule 1 (w.e.f. 1.2.1977).]
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

1Definitions
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

1Court may grant time and adjourn hearing
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

1Right to begin
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

1Power to order any point to be proved by affidavit
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

1[ Judgment when pronounced
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
10Application for execution
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
16Powers of Commissioners

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
4Order for injunction may be discharged, varied or set aside
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
10Deposit of money, etc. in Court

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

1Form of appeal. What to accompany memorandum
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

1Appeal from orders
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

Chapter 13Appendix A - Pleading · Appendix B - Process · Appendix C - Discovery, Inspection and Admission · Appendix D - Decrees · Appendix E - Execution · Appendix F - Supplemental Proceedings · Appendix G · Appendix H - Miscellaneous

Appendix A - Pleading

1Titles of Suits
2Description of parties in particular Cases
3PLAINTS
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

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CCP 72Chapter II · Delegation to Collector of Power to Execute Decrees Against Immovable PropertyRepealed

Section 72 · [Repealed.]

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[Collector to deemed to be acting judicially.] — Rep. by s. 7 ibid.

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