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The
Civil Procedure Code, 1908
(Civil Procedure Code, 1908 - Section 1 to 78)

[Act 5 of 1908 as amended up to Act 32 of 2023]1

[21st March, 1908]

CONTENTS

PRELIMINARY

1. Short title, commencement and extent

2. Definitions

3. Subordination of Courts

4. Savings

5. Application of the Code to Revenue Courts

6. Pecuniary jurisdiction

7. Provincial Small Cause Courts

8. Presidency Small Cause Courts

PART I

SUITS IN GENERAL

Jurisdiction of the Courts and Res Judicata

9. Courts to try all civil suits unless barred

10. Stay of suit

11. Res judicata

12. Bar to further suit

13. When foreign judgment not conclusive

14. Presumption as to foreign judgments

Place of Suing
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15. Court in which suits to be instituted

16. Suits to be instituted where subject-matter situate

17. Suits for immovable property situate within jurisdiction of

different Courts

18. Place of institution of suit where local limits of jurisdiction of

Courts are uncertain

19. Suits for compensation for wrongs to person or movables

20. Other suits to be instituted where defendants reside or cause

of action arises

21. Objections to jurisdiction

21-A. Bar on suit to set aside decree on objection as to place of

suing

22. Power to transfer suits which may be instituted in more than

one Court

23. To what Court application lies

24. General power of transfer and withdrawal

25. Power of Supreme Court to transfer suits, etc

Institution of Suits

26. Institution of suits

Summons and Discovery

27. Summons to defendants

28. Service of summons where defendant resides in another State

29. Service of foreign summonses

30. Power to order discovery and the like

31. Summons to witness

32. Penalty for default

Judgment and Decree

33. Judgment and decree

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Interest

34. Interest

Costs

35. Costs

35-A. Compensatory costs in respect of false or vexatious claims

or defences

35-B. Costs for causing delay

PART II

EXECUTION

General

36. Application to orders

37. Definition of Court which passed a decree

Courts by which Decrees may be executed

38. Court by which decree may be executed

39. Transfer of decree

40. Transfer of decree to Court in another State

41. Result of execution proceedings to be certified

42. Powers of Court in executing transferred decree

43. Execution of decrees passed by Civil Courts in places to which

this Code does not extend

44. Execution of decrees passed by Revenue Courts in places to

which this Code does not extend

44-A. Execution of decrees passed by Courts in reciprocating

territory

45. Execution of decrees outside India

46. Precepts

Questions to be determined by Court executing Decree

47. Questions to be determined by the Court executing decree

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Limit of Time for Execution

48. Execution barred in certain cases

Transferees and Legal Representatives

49. Transferee

50. Legal representative

Procedure in Execution

51. Powers of Court to enforce execution

52. Enforcement of decree against legal representative

53. Liability of ancestral property

54. Partition of estate or separation of share

Arrest and Detention

55. Arrest and detention

56. Prohibition of arrest or detention of women in execution of

decree for money

57. Subsistence allowance

58. Detention and release

59. Release on ground of illness

Attachment

60. Property liable to attachment and sale in execution of decree

61. Partial exemption of agricultural produce

62. Seizure of property in dwelling-house

63. Property attached in execution of decrees of several Courts

64. Private alienation of property after attachment to be void

Sale

65. Purchaser's title

66. Suit against purchaser not maintainable on ground of

purchase being on behalf of plaintiff
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67. Power for State Government to make rules as to sales of land

in execution of decrees for payment of money

Delegation to Collector of Power to execute Decrees against Immovable

Property

68. Power to prescribe rules for transferring to Collector execution

of certain decrees

69. Provisions of Third Schedule to apply

70. Rule of procedure

71. Collector deemed to be acting judicially

72. Where Court may authorize Collector to stay public sale of

land

Distribution of Assets

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

decree-holders

Resistance to Execution

74. Resistance to execution

PART III

I NCIDENTAL PROCEEDINGS

Commissions

75. Power of Court to issue commissions

76. Commission to another Court

77. Letter of request

78. Commissions issued by foreign Courts

Section 79 to 95

Section 96 to 131

Section 132 to 158

Schedule 1 (Order 1 to 10)

Schedule 1 (Order 11 to 20)

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Schedule 1 (Order 21 to 30)

Schedule 1 (Order 31 to 40)

Schedule 1 (Order 41 to 51)

Schedule 2 to 5

———
An Act to consolidate and amend the laws relating to the procedure of
the Courts of Civil Judicature
Whereas it is expedient to consolidate and amend the laws relating
to the procedure of the Courts of Civil Judicature; it is hereby enacted
as follows:—
► Object and interpretation.—The Code of Civil Procedure, 1908, no doubt
also deals with certain substantive rights, but as the Preamble vouchsafes, the
object essentially is to consolidate the law relating to civil procedure, Prem Lala
Nahata v. Chandi Prasad Sikaria, (2007) 2 SCC 551.
STATEMENT OF OBJECTS AND REASONS
Report of the Special Committee appointed to consider the
amendment of theCivil Procedure Code
We have the honour to present this report on the proposals to amend
the Code of Civil Procedure which have been submitted for our
consideration by the Government of India and, annexed to it, a draft
Bill amended by us. A detailed account of the alterations introduced in
the Bill will be found in the Notes on Clauses which form the second
part of this Report, but we desire by way of preface to make some
observations of a general character on the defects in the existing law
which appear to us to call for reform and on the more important of
those alterations.
1. The Code of Civil Procedure of 1882 has been in force for 25 years
and the experience of those years has shown that the general lines on
which it proceeds are sound. The matters in which it has proved
defective are, for the most part, matters of detail, and they arise, as it
seems to us, mainly from the fact that it is impossible to frame a fixed
and rigid Code in such a manner as to sufficiently meet the varying
needs of an area so diversified as that to which the Code applies. In our
opinion it is essential that there should be some machinery to enable
variations to be introduced in procedure to meet the different
requirements of different localities as well as to enable defects to be
remedied as they are discovered without resort to the tardy process of
legislation. We propose to make provision for these purposes by a
rearrangement of the Code. We recommend that matters of mere
machinery should be relegated to Rules capable of alteration by each
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High Court, subject to certain cheeks, and that those provisions only
should be retained in the body of the Code in which some degree of
permanence and uniformity is desirable. This re-arrangement is in
accordance with precedent and possesses advantages so obvious that it
is needless to enlarge upon them.
2. The objection—and as it appears to us the only objection of
substance—that can be urged against this proposal is that until the
scheme of distribution had become familiar to those who have to
administer the Act, the change may cause some confusion and the
familiar numerical references to the present Sections will no longer
apply. We are sensible that some inconvenience must arise from this
cause in the first instance, but this is but a small disadvantage in
comparison with the advantages to be obtained by the change, and we
cannot think that any one will seriously contend that such a slight and
temporary drawback should stand in the way of a reform which appears
to us in other respects to be wholly beneficial.
3. The adoption of this principle has necessarily involved a departure
from the arrangement of the present Code, but in other respects, we
have advisedly adhered as closely as possible to the existing language,
the meaning of which is now well understood by Courts and by
practitioners. Speaking generally, it may be said, that we have only
departed from the phraseology of the Code where experience has
suggested improvements or competent authority has called for some
change. We have refrained from altering the wording, merely, because
it might be capable of improvement; for in any change, even of a verbal
character, there is a risk of opening a door to fresh litigation. In the
amendments that we have introduced, we have endeavoured to state
general rules of procedure rather than to provide in detail for every
possible contingency; for, we hold it to be a sound view that excessive
elaboration of details of procedure tends to cramp the actions of the
Court and in consequence, to encourage technicalities. For this reason,
we have made no attempt to embody in the Code a digest of the very
numerous decisions on the existing Sections; we have made
amendments to meet case-law only on points on which there is a
conflict of authority. And in this connexion we desire to point out that
at the present time there is even less justification for the enactment of
elaborate provisions in regard to procedure than at the time when the
Code of 1882 was passed. Since then, the standard of legal efficiency in
the mofussil has been materially raised, and the principles of procedure
are now so well understood that the Courts may be trusted to apply
them intelligently in cases for which no provision may be made in
terms.
But although we have made the present Code the basis of our draft,
we have carefully examined the Bill settled by the Select Committee in
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1903, and we desire to express our acknowledgments to that

Committee for the store of information it contains, and for the materials
collected in their report.
Apart from the re-arrangement to which reference has “been made,
we have not introduced many changes of a radical character hi the
Code.
4. The general nature of some of the amendments we recommend,
may be conveniently illustrated by a brief examination of the extent to
which the various stages of a suit will be affected by them.
A. To begin with, it is hoped that the multiplicity of suits will be
further curtailed by the new provisions we have inserted to remove
limitations which we regard as needless on the comprehensiveness of a
suit, and by the wider powers of amendment vested in the Courts
under the Bill. An adequate check is provided by the power of a Court
to interfere where embarrassment is likely to result.
B. Increased facilities have been given for the service of process to
which further reference is made in the Notes on Clauses. It is hoped
that in the gradual introduction of service by post may be found a
solution of one of the principal defects in our legal system.
C. In our opinion, it is most necessary that litigants in this country
should come to trial with all issues clearly defined, and that cases
should not be expanded or grounds shifted without reference to the
true facts. For this purpose, we, think that the present system of
pleadings in the mofussil which is notoriously lax, should be improved,
and we have incorporated in the rules an order on pleadings, which, it
is hoped, will lead to sounder and fairer methods of arriving at the real
points in dispute. The forms have been revised and we hope that they
will be brought into more general use in the mofussil.
We have not been able, within the time at our disposal, to make
these forms, or the other forms in the Appendix to Schedule I
complete; but this is a matter of detail which can be further considered
before the Bill is passed into law.
D. It is not possible to secure expedition in the disposal of suits,
unless the questions of fact on which there is a real contest are
narrowed down as far as possible. As a step towards this, we have
incorporated in the rules an order in which provision is made for the
admission not only of documents but also of facts. It must be left to
litigants and their advisers to make adequate use of this order, but it is
hoped that the Courts will encourage the use of it, since it certainly
affords a means whereby the two principal evils of litigation, delay and
expense, can be materially diminished.
E. We attach much importance to a proper use being made by Courts
in the mofussil of the procedure prescribed for the first hearing. The
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Code as it stands makes provision for the examination of parties by the

Court, and we have altered the language so as to compel the
production of documents at the first hearing. In our opinion, this will
act as a substantial check on the fabrication of documentary evidence.
F. The provisions relating to the hearing of suits do not call for
material alteration, but we have thought it well to provide expressly for
the cases where a party dies between conclusion of the hearing and
delivery of judgment. It would obviously be wrong that such an
accident should in any way interfere with the disposal of the case, and
we have therefore inserted a provision to enable judgment to be
pronounced not withstanding the death.
G. A change of importance has been made in regard to decrees. In
the first place, we have inserted an express provision recognising the
distinction between preliminary and final decrees. We hope, in this way,
to afford facilities for checking the delay that now results from the
objectionable practice of leaving for determination in execution
questions which should be decided by the decree. This change should
ensure the more expeditious disposal of a class of suits which at
present are conspicuous for the delay to which they give rise. Another
amendment of importance which we have introduced is in regard to
mortgage-suits. These are very numerous and involve complicated
questions of law. Hitherto some confusion has been occasioned by the
co-existence of the provisions of the Transfer of Property Act and of the
Code in regard to execution in mortgage-suits. We think that the
provisions regulating this matter should be dealt with in their entirety
in the Code, and we have therefore introduced rules in Order XXXIV to
give effect to our view. We propose that the sections of the Transfer of
Property Act affected by this change should be repealed. We desire to
call the attention of those Provinces to which that Act does not apply to
the effect of these changes.
In our opinion, it is expedient to give greater assistance to the
Courts in the framing of decrees. The importance of this branch of
procedure cannot be overrated; it is surrounded by difficulties which
are a fruitful source of error and consequently of litigation. We have
amplified the provisions of the Code to meet this defect, and have
introduced some forms which can be adopted to meet the requirements
of individual cases. We think that further forms might be added with
advantage before the Bill becomes law.
H. Amongst other matters, we have removed limitations which at
present exist on the power of appointing Receivers, and have conferred
a power to appoint Receivers on Subordinate Courts.
5.Execution.—The subject of execution is, perhaps, one of the most
difficult with which we have had to deal. The present system, in the
mofussil at any rate, tends to excessive delay and affords facilities for
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defeating the claims of creditors. At the same time the creditor often
has only himself to blame, owing to his own laches in prosecuting his
rights. In the Presidency town the same objections cannot be fairly
raised; the system works well; whilst, in the mofussil, the difficulties
arise not so much from the machinery itself, as from the defective
manner in which it is worked. One of the most fruitful sources of
litigation is the setting aside of execution sales, on the ground of
irregularity in the publication of the sale proclamation. It is notorious
that in many of these cases the Court's officer either through
negligence or dishonesty has not duly published the proclamation, but
it is impossible to deal with such cases by any provision in a Code.
After a most careful consideration of the subject, we have not seen our
way to any very drastic changes in the present system. We have found
ourselves unable to accept the somewhat far-reaching proposal of the
Committee of 1902 in relation to the execution of decrees by precept;
but we are so far in accord with the view expressed by that Committee
as to have been able to insert in the Bill a clause which enables the
Court which passed the decree to issue a precept to any other Court to
attach property of the judgment-debtor pending execution in the
ordinary course. Beyond this we have felt we could not safely go.
We anticipate that there will be a substantial saving of time, and
consequent expense, from the provision requiting that mesne profits
shall be ascertained by the Court under the decree itself, and not as
now in execution proceedings.
Clause 53 has been introduces to settle a long mooted point upon
which there is much diversity of judicial opinion, as to whether or not
questions as to the liability of ancestral property in the hands of a son
or other descendant to whom it has come otherwise than by descent for
the payment of the debt for which the decree was passed, can be
determined under CI. 47 of the present Bill, corresponding with S. 244
of the existing Code. We think they should be.
Other amendments deserving notice relate to (1) the power to break
open the outer door of the judgment-debtor's dwelling-house; (2) the
date from which the purchaser's title accrues; (3) oral application for
immediate execution; (4) the discretion of the Court in the execution of
decrees for the restitution of conjugal rights; (5) the execution against
partnership property; (6) extended facilities for attaching salaries; and
(7) powers to decree-holders to carry decrees into effect at the expense
of the judgment-debtor.
We regard the changes made in relation to execution as calculated to
materially assist the judgment-creditor in recovering the fruits of his
judgment.
6.Arbitration.—Two questions of importance have arisen in connexion
with this subject : (1) Should any of the Sections of the Arbitration Act
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of 1899 be incorporated into the Code? (2) Should the right of appeal
as now existing be altered, and if so, in what direction ? We are of
opinion that the best course would undoubtedly be to eliminate from
the Code all the clauses as to arbitration, and insert them in a new and
comprehensive Arbitration Act There are, perhaps, difficulties as to this
at present. We have determined, therefore, to leave the arbitration
clauses much as they are in the present Code; but we have placed
them in a Schedule in the hope that at no distant date they may be
transferred into a comprehensive Arbitration Act.
In regard to appeals, some change has been made. Upon this
question, adopting the view of the Judicial Committee as expressed in
Ghulam's case (ILR 29 Cal 167), we are strongly in favour of finality in
cases of arbitration. If rights of appeal be given, the disappointed party
will take advantage of every such right. To meet the difficulty
expressed m the case reported in ILR 25 Cal 141 (which followed many
other cases in the Calcutta High Court), we have inserted the words “or
being otherwise invalid” in sub-section (c) of Section 521 of the present
Code. If, therefore, either party considers the award as invalid on any
ground, he can apply to have it set aside. We have thought it right to
give one appeal from the opinion expressed by the Court on a special
case under Section 517, and to allow one appeal as from order under
Sections 521, 523 and 526. And having regard to the rather wide
language of the Judicial Committee in Ghulam's case we have further
thought it advisable to make it clear that an order granting an
application either under Section 523 or Section 526 is not to be
deemed a decree within the meaning of the Code; otherwise there
would be a wider right of appeal from orders under these Sections than
from a decree under Section 522. The other alterations deal with the
text, rather than with any question of policy or principle.
7.Suits relating to public matters.—We have inserted a clause to
enable actions for public nuisances to be brought, with the consent of
the Advocate-General, irrespective of special damage. It has been
represented to us that such a power is needed and we concur in that
view.
8.Public Charities.—The suggestion has been made on high authority
that some express reference should be made in the Code to the power
of the court to Cypres doctrine in the settling of schemes. But this
power would appear to exist already within its proper limits (Mayor of
Lyons' case(1875-76) 3 IA 32) and we do not think it necessary to
make express reference to it.
It has been represented to as by more than one gentleman whose
opinion is entitled to weight, that the power to enquire into the affairs
of public charities should be made more extensive. The clause, as it
stands, gives sufficient powers to the Courts to direct accounts and to
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frame schemes when ones a suit has been instituted, but it is said that
members of the public interested in any public charity ought to have
the means of calling for and inspecting accounts without undertaking
the burden of a suit, at least in the first instance. We are told that
revenues derived from charitable trusts are in some cases very large in
amount, that no accounts of there expenditure are ordinarily rendered,
and that there is good ground for believing that a considerable portion
is misspent or squandered on useless objects.
The Hon'ble Dr Rashbehary Ghose supports these views and has
submitted a clause to give effect to them. It is in the following terms:
“93-A(1). The Court may also, upon an application by any two or
more persons having the like interest and having obtained the like
consent, direct any trustee of such charity to cause to be prepared
and filed in the Court, within such time as may be specified in the
order, a detailed account of the receipts and disbursements in
connection with the trust property for a period not exceeding three
years next preceding the date of the application.
(2) Such accounts, when filed in Court, shall be open to
inspection by the public.
(3) A trustee who fails to comply with any such direction shall be
removed if a suit for that purpose be instituted, unless he can show
good cause for such failure.”
We have given to the subject our best consideration and desire to
record our sympathy with the motives of the proposers. But we have
not inserted the clause in the Bill because we think that the question is
one of policy on which the public opinion of the communities interested
should first be obtained. It affects primarily, as we understand, the
Hindu and, to a less extent, the Mahomedan community. And we
should not feel justified in recommending an amendment of the law on
such a subject as this, unless the leaders of those communities were to
express their support of the proposal in unequivocal terms. If it is
eventually decided to adopt the amendment, then we think that the
clause proposed by Dr Ghose may be accepted.
9.Suits by or against firms.—Attention is directed to the new
provision in regard to suits by or against firms (O. XXX), which will, we
hope, prove acceptable to the commercial community.
10.New procedure.—We have given power to provide by Rules for
counterclaims, Third Party Procedure, Summary Procedure in suits for
debt or liquidated demands, as, for instance, rent, or any other definite
sum payable under a contract and originating summons. We are of
opinion that these forms of proceeding may usefully be adopted in
some areas but that this is a matter which should be left for each High
Court to decide.
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11.Appeals.—As regards appeals from original decrees we have

departed but slightly from the existing Code. We have thought it
advisable to give legislative sanction to the view that no appeal shall lie
from a consent decree, or as to costs, except by leave of the Court; but
the most important change is that incorporated in Clause 97, which
tenders it obligatory upon a party, who considers himself aggrieved by
a preliminary decree, to appeal from that decree, at the risk of being
precluded from disputing its correctness on an appeal from the final
decree. We feel strongly that this is a most useful provision, as tending
to that which is so desirable, viz., finality in litigation.
As regards appeals from appellate decrees the only substantial
departure from the existing Code is the insertion of Cl. 103. Experience
has shown the desirability of this clause, the effect of which will be to
avoid remands, with their consequent delay and expense.
As regards appeals from orders a comparison of Cl. 104 of the Bill
with S. 588 of the existing Code would support a prima facie inference
that the right of appeal from orders has been materially curtailed. But
this inference is dispelled on looking at sub-clause (h) of Cl. 104 which
allows an appeal from any order made under Rules from which an
appeal is expressly allowed by Rules. We have gone carefully into the
question of the cases in which an appeal should be allowed from these
orders and our conclusion is expressed in the Rules themselves.
12.Rules.—The distribution of the provisions of the Code between
the body of the Bill and the Rules is a matter on which opinions may
well differ. The general principle on which we have proceeded has been
to keep in the body of the Bill those provisions which appear to us to be
fundamental and those provisions which confer powers operating
outside the Province in which the Court is situated. In some eases we
have adopted the plan of inserting leading provisions in the Bill, stating
in general terms the powers of the Court, and of leaving the details to
Rules; in matters of less importance the provisions have been relegated
altogether to Rules. The result of this re-arrangement is to reduce the
Act, as distinct from Schedules, to 155 clauses. The existing order of
sequence has, speaking generally, been maintained, but the reduced
bulk of the Bill has rendered it no longer necessary to reproduce the
division into chapters.
It is proposed to vest the power of making Rules in High Courts,
subject to the control of Local Governments, (or, in the case of the
Calcutta High Court, of the Government of India), but we think it most
desirable that in exercising this power, the Courts should have the
advice of representatives of the various branches of the legal
profession, and we have accordingly provided that, in the case of
Chartered High Courts and of Chief Courts, Rules shall only be made
after those Courts have taken the opinion of a Rule Committee on which
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there will be representatives of the Bar, of Vakeels or Pleaders and, in

Presidency-towns, of Attorneys. In the case of other High Courts power
has been given to establish such Rule Committees as the Governor-
General in Council may determine. It is believed that Standing
Committees of this kind will be of great value. We have thought it
better to require the same sanction as is required by the Indian High
Courts Act of 1861, in order that the rule-makings power should
correspond with the power conferred under that Act; but we are of
opinion that, in the interest of uniformity, it is expedient that all
amendments of Rules should be communicated to the Government of
India and to other High Courts before sanction is given to them. This,
we understand, can be effected by executive order.
If our proposal is adopted, it will probably be useful to publish
annually in every Province some manual corresponding to the English
“Annual Practice” containing—
(1) the Act;
(2) all Rules of procedure made under it or under other Acts in the
Province;
(3) notes of decisions on the Act and Rules.
13. We are sensible that there may be defects and flaws in the Bill
which we append to this Report. The subject is complicated and
technical and the time at our disposal has been limited. We do not
doubt therefore that much improvement may be made in the Bill before
it is finally passed into law. But, in our opinion, it is framed on the right
lines. We believe for the reasons we have stated that in any reform of
Civil Procedure it is essential to introduce some elasticity; to give wider
powers of control to the High Courts, and to invest them with a larger
discretion in regard to the conduct of cases which come before them.
Mr. Dikshit, Subordinate Judge from Bombay, has been present
throughout our deliberations, and we take this opportunity of
acknowledging the help we have derived from his experience of the
working of the Code in the mofussil. We desire also to record our
acknowledgments of the services of Mr. Law, of the Legislative
Department, who has attended to the clerical and press-work to our
entire satisfaction.
Preliminary
1. Short title, commencement and extent.—(1) This Act may be
cited as the Code of Civil Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.
2
[(3) It extends to3 the whole of India except—
4
(a) [* * *]
(b) the State of Nagaland and the tribal areas:
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Provided that the State Government concerned may, by notification

in the Official Gazette, extend the provisions of this Code or any of
them to the whole or part of the State of Nagaland or such tribal areas,
as the case may be, with such supplemental, incidental or
consequential modifications as may be specified in the notification.
Explanation.—In this clause, “tribal areas” means the territories
which, immediately before the 21st day of January, 1972, were
included in the tribal areas of Assam as referred to in paragraph 20 of
the Sixth Schedule to the Constitution.
5
(4) In relation to the Amindivi Islands, and the East Godavari, West
Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh
and the Union Territory of Lakshadweep, the application of this Code
shall be without prejudice to the application of any rule or regulation for
the time being in force in such Islands, Agencies or such Union
Territory, as the case may be, relating to the application of this Code.]
► Extent and applicability.—The CPC is applicable to all proceedings in
courts of civil jurisdiction, subject to any special or local law or any special
jurisdiction under any other law for the time being in force, Vareed Jacob v.
Sosamma Geevarghese, (2004) 6 SCC 378.
► Original jurisdiction of Supreme Court.—Original jurisdiction of Supreme
Court under Article 131 of Constitution of India is not governed by procedure
prescribed in CPC save and except the procedure which has been expressly
made applicable by Supreme Court Rules, State of T.N. v. State of Kerala, (2014)
12 SCC 696.
► Procedural Law.—Procedure is meant only to facilitate the administration
of justice and not to defeat the same, Banwari Lal v. Balbir Singh, (2016) 1 SCC
607.
2. Definitions.—In this Act, unless there is anything repugnant in the
subject or context,—
High Court Amendment
CALCUTTA.—In the opening words of the section add the words
“and in the Rules of practice and procedure of the Court of Small
Causes of Calcutta framed under the provision of Section 9 of the
Presidency Small Cause Courts Act, 1882,” after the words, “In this
Act” and before the words “unless there is” Cal. Gaz. Pt. I, dt. 20-4-
1967.
(1) “Code” includes rules;
High Court Amendment
CALCUTTA.—In clause (1) add the words “and, in its application
to Courts other than the Court of Small Causes of Calcutta,
means the Code of Civil Procedure, 1908; and, in its application
to that Court, means the provisions of the Code of Civil
Procedure, 1908, as adapted, modified and extended by the
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provisions of notifications issued from time to time under the

provisions of Section 8 of that Code” after the words “includes
rules” Cal. Gaz. Pt I, dt. 20-4-1967.
(2) “decree” means the formal expression of an adjudication
which, so far as regards the Court expressing it, conclusively
determines the rights of the parties with regard to all or any of
the matters in controversy in the suit and may be either
preliminary or final. It shall be deemed to include the rejection
6
of a plaint and the determination of any question within [* *
*] Section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal
from an order, or
(b) any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings
have to be taken before the suit can be completely disposed of.
It is final when such adjudication completely disposes of the
suit. It may be partly preliminary and partly final;
High Court Amendment
CALCUTTA.—In clause (2) insert a fullstop after “matters in
controversy in the suit”; substitute. “In Courts other than the
Court of Small Causes of Calcutta it” for “and” after “matters in
controversy in the suit”; insert a semi-colon and the word
“and” in place of the fullstop after “preliminary or final” Cal.
Gaz. Pt I, dt. 20-4-1967.
► Decree.—A decree is defined in Section 2(2)CPC, 1908 to mean the
formal expression of an adjudication which, so far as regards the court expressing
it, conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit and may be either preliminary or final, Chandi
Prasad v. Jagdish Prasad, (2004) 8 SCC 724.
Final decree distinguished from finality of a decree. A decree may be partly
preliminary and partly final. A decree whether preliminary or final is binding on the
parties, Bikoba Deora Gaikwad v. Hirabai Marutirao Ghorgare, (2008) 8 SCC 198.
An ex parte decree is as good and effective as a decree passed after contest
and would operate as res judicata on the same principles as a decree passed
after contest, unless the party challenging the ex parte decree satisfies the court
that such an ex parte decree was obtained by fraud or collusion, Saroja v.
Chinnusamy, (2007) 8 SCC 329.
Award passed by Lok Adalat shall be treated decree of Civil Court, United India
Insurance Co. Ltd. v. Master Imran Khan, 2007 SCC OnLine Del 1320.
An award passed under the Karnataka Co-operative Societies Act shall be
deemed to be a decree, Belguam District Central Co-operative Bank Ltd. v.
Mahantesh Co-operative Credit Society Ltd., 2008 SCC OnLine Kar 55.
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An order rejecting a plaint under Order 7, Rule 11CPC is a decree, is

appealable, revision does not lie, Abdul Rashid Rather v. Ghulam Ahmad Ganai,
2010 SCC OnLine J&K 279 : AIR 2011 J&K 29 (30, 31).
► Preliminary and final decrees.—A preliminary decree is one which
declares the rights and liabilities of the parties leaving the actual result to be
worked out in further proceedings. Then as a result of the further inquiries
conducted pursuant to the preliminary decree, the rights of the parties are fully
determined and a decree is passed in accordance with such determination which
is final. Nature of preliminary and final decrees, explained, Shanker Balwant
Lokhande v. Chandrakant Shankar Lokhande, (1995) 3 SCC 413.
In certain situations, for the purpose of complete adjudication of the disputes
between the parties an appellate court may also take into consideration
subsequent events after passing of the preliminary decree, Satnam Singh v.
Surendra Kaur, (2009) 2 SCC 562.
► Decree and order : Distinction.—Ingredients of “decree” and tests to be
applied to ascertain whether a “order” is decree or not, explained, S. Satnam
Singh v. Surendra Kaur, (2009) 2 SCC 562 : (2009) 1 SCC (Civ) 663.
► Decisions which are not “decrees”.—An order dismissing a suit for non-
payment of costs, Piaro Devi v. Anant Ram, 2008 SCC OnLine HP 8 : AIR 2008
HP 107.
Order rejecting an application for condonation of delayState of Rajasthan v.
Rajpal Singh Chauhan, 2011 SCC OnLine Raj 2709 : AIR 2011 Raj 101.
An order passed under Order 22, Rule 5 of the CPC, Ashwani Kumar v.
Vidya, 2007 SCC OnLine All 20 : AIR 2007 All 105.
(3) “decree-holder” means any person in whose favour a decree
has been passed or an order capable of execution has been
made;
(4) “district” means the local limits of the jurisdiction of a
principal Civil Court of original jurisdiction (hereinafter called a
“District Court”), and includes the local limits of the ordinary
original civil jurisdiction of a High Court;
► Court.—CPC refers exclusively to the Civil Courts. In particular, CPC
specifically refers to the District Courts, the High Courts, and the Supreme Court
and makes little, if any, reference to other, quasi-judicial bodies, Ethiopian
Airlines v. Ganesh Narain Saboo, (2011) 8 SCC 539 : (2011) 4 SCC (Civ) 217.
7
[(5) “foreign court” means a Court situate outside India and not
established or continued by the authority of the Central
Government;]
(6) “foreign judgment” means the judgment of a foreign Court;
(7) “Government Pleader” includes any officer appointed by the
State Government to perform all or any of the functions
expressly imposed by this Code on the Government Pleader
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and also any pleader acting under the directions of the

Government Pleader;
8
[(7-A) “High Court”, in relation to the Andaman and Nicobar
Islands, means the High Court in Calcutta;]
9 10
[(7-B) “India”, except in Sections 1, 29, 43, 44, [44-A], 78,
79, 82, 83 and 87-A, means the territory of India excluding the
State of Jammu and Kashmir11;]
(8) “Judge” means the presiding officer of a Civil Court;
(9) “Judgment” means the statement given by the Judge of the
grounds of a decree or order;
► “Judgment”.—Notes taken by the Judges while hearing a case cannot be
treated as final views expressed by them on the case, Supreme Court of India v.
Subhash Chandra, 2010 SCC OnLine Del 111 : AIR 2010 Del 159 (FB).
(10) “judgment-debtor” means any person against whom a
decree has been passed or an order capable of execution has
been made;
(11) “legal representative” means a person who in law represents
the estate of a deceased person, and includes any person who
inter-meddles with the estate of the deceased and where a
party sues or is sued in a representative character the person
on whom the estate devolves on the death of the party so
suing or sued;
► Legal representative.—“Legal representative” includes donee of suit
property, Manovikas Kendra Rehabilitation & Research Institute v. Prem
Prakash Lodha, (2005) 7 SCC 224.
A legatee under a will intending to represent interest of estate of deceased
testator held, is a “illegal representative”, Suresh Kumar Bansal v. Krishna
Bansal, (2010) 2 SCC 162 : (2010) 1 SCC (Civ) 365.
The definition of word “legal representative” as provided under Section 2(11) of
the Code is inclusive in character and its scope is wide. It is not confined to a
preferred class of heirs only but also includes even intermeddlers, Yogendra
Bhagata v. Prital Yadava, 2009 SCC OnLine Pat 174 : AIR 2009 Pat 168 (FB).
(12) “mesne profits” of property means those profits which the
person in wrongful possession of such property actually
received or might with ordinary diligence have received
therefrom, together with interest on such profits, but shall not
include profits due to improvements made by the person in
wrongful possession;
► Mesne profits — Entitlement.—Right to mesne profits presupposes a
wrong whereas a right to rent proceeds on basis of contract. In intermediate
cases, where possession not wrongful to begin with but assumes such character
when unauthorisedly retained, owner not entitled to claim mesne profits but only
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fair rent, Union of India v. Banwari Lal & Sons (P) Ltd., (2004) 5 SCC 304.
(13) “movable property” includes growing crops;
High Court Amendment
CALCUTTA.—In clause (13) insert the words “except in suits or
proceedings in the Court of Small Causes of Calcutta” after the
words “growing crops”.
(14) “order” means the formal expression of any decision of a Civil
Court which is not a decree;
(15) “pleader” means any person entitled to appear and plead for
another in Court, and includes an advocate, a vakil and an
attorney of a High Court;
(16) “prescribed” means prescribed by rules;
(17) “public officer” means a person falling under any of the
following descriptions, namely:—
(a) every Judge;
12
(b) every member of [an All-India Service];
13
(c) every commissioned or gazetted officer in the military,
[naval or air] forces of 14[the Union] 15
[* * *] while serving
under the Government;
(d) every officer of a Court of Justice whose duty it is, as such
officer, to investigate or report on any matter of law or fact,
or to make, authenticate or keep any document, or to take
charge or dispose of any property, or to execute any judicial
process, or to administer any oath, or to interpret, or to
preserve order, in the Court, and every person especially
authorised by a Court of Justice to perform any of such
duties;
(e) every person who holds any office by virtue of which he is
empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such
officer, to prevent offences, to give information of offences,
to bring offenders to justice, or to protect the public health,
safety or convenience;
(g) every officer whose duty it is, as such officer, to take,
receive, keep or expend any property on behalf of the
Government, or to make any survey, assessment or contract
on behalf of the Government, or to execute any revenue
process, or to investigate, or to report on, any matter
affecting the pecuniary interests of the Government, or to
make, authenticate or keep any document relating to the
pecuniary interests of the Government, or to prevent the
infraction of any law for the protection of the pecuniary
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interests of the Government; and

(h) every officer in the service or pay of the Government, or
remunerated by fees or commission for the performance of
any public duty;
► Public officer.—Neither Bihar State Electricity Board would be
“Government” nor its officers would be considered as “Public Officers” for the
purpose of Section 80CPC, Electricity Board, Bihar v. Binay Kumar Jha, 2011
SCC OnLine Pat 617 : AIR 2011 Pat 187.
(18) “rules” means rules and forms contained in the First
Schedule or made under Section 122 or Section 125;
High Court Amendment
CALCUTTA.—In clause (18) insert the words “in its application
to Courts other than the Court of Small Causes of Calcutta” after
the word “rules” and before the words “means rules and forms”;
and the words “of the Code of Civil Procedure, 1908, and, in its
application to that court means the ‘Rules of Practice and
Procedure of that Court’ made under Section 9 of the Presidency
Small Cause Courts Act, 1882, and includes the rules and forms
contained in the First Schedule of that Code which are made
applicable to that court by virtue of the provisions of Order LI of
that schedule” after the words “Section 122 or Section 125”. Cal.
Gaz. Pt. I, dt. 20-4-1967.
(19) “share in a corporation” shall be deemed to include stock,
debenture stock, debentures or bonds; and
(20) “signed”, save in the case of a judgment or decree, includes
stamped.
16
(21) [* * *]
3. Subordination of Courts.—For the purposes of this Code, the
District Court is subordinate to the High Court, and every Civil Court of
a grade inferior to that of a District Court and every Court of Small
Causes is subordinate to the High Court and District Court.
High Court Amendment
CALCUTTA.—Insert the words “and the Court of Small Causes of
Calcutta” after the words “District Court” and before the words “are
subordinate to”; and the words “other than the Court of Small Causes
of Calcutta” after the words “Court of Small Causes” and before the
words “is subordinate”; substitute “are” for the word “is” before the
words “subordinate to the High Court, and every Civil Court”; Cal. Gaz.
Pt. I, dt. 20-4-1967.
► “Courts subordinate” to High Court.—The Civil Courts are subordinate
to the High Court. The appeals from their judgment will lie before a superior court.
The High Court is entitled to exercise its power of revision as also
superintendence over the said courts. Only because a court or a tribunal is
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entitled to determine an issue involving civil nature, the same by itself would not
lead to the conclusion that it is a Civil Court, Nahar Industrial Enterprises Ltd. v.
Hong Kong and Shanghai Banking Corpn., (2009) 8 SCC 646 : (2009) 3 SCC
(Civ) 481.
4. Savings.—(1) In the absence of any specific provision to the
contrary, nothing in this Code shall be deemed to limit or otherwise
affect any special or local law now in force or any special jurisdiction or
power conferred, or any special form of procedure prescribed, by or
under any other law for the time being in force.
(2) In particular and without prejudice to the generality of the
proposition contained in sub-section (1), nothing in this Code shall be
deemed to limit or otherwise affect any remedy which a landholder or
landlord may have under any law for the time being in force for the
recovery of rent of agricultural land from the produce of such land.
► Special or local laws.—Special or local laws would remain functional only
as long as there is no specific provision to the contrary legislated by Parliament,
Kulwant Kaur v. Gurdial Singh Mann, (2001) 4 SCC 262.
► Section 4(1), “Specific provision to the contrary”, Meaning.—Special
provision, as distinct from general contained in CPC, must explicitly and not by
implication indicate that special law is to be affected. “Specific provision to the
contrary”, must be contained in CPC itself and not in any other law, Pankajakshi
v. Chandrika, (2016) 6 SCC 157 : (2016) 3 SCC (Civ) 105.
5. Application of the Code to Revenue Courts.—(1) Where any
Revenue Courts are governed by the provisions of this Code in those
matters of procedure upon which any special enactment applicable to
them is silent, the State Government 17[* * *] may, by notification in
the Official Gazette, declare that any portions of those provisions which
are not expressly made applicable by this Code shall not apply to those
Courts, or shall only apply to them with such modifications as the State
18
Government [* * *] may prescribe.
(2) “Revenue Court” in sub-section (1) means a Court having
jurisdiction under any local law to entertain suits or other proceedings
relating to the rent, revenue or profits of land used for agricultural
purposes, but does not include a Civil Court having original jurisdiction
under this Code to try such suits or proceedings as being suits or
proceedings of a civil nature.
6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly
provided, nothing herein contained shall operate to give any Court
jurisdiction over suits the amount or value of the subject-matter of
which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts.—The following provisions shall not
extend to Courts constituted under the Provincial Small Cause Courts
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Act, 1887 (9 of 1887), 19[or under the Berar Small Cause Courts Law,
1905], or to Courts exercising the jurisdiction of a Court of Small
20 21 22
Causes [under the said Act or Law], [or to Courts in [any part of
India to which the said Act does not extend] exercising a corresponding
jurisdiction] that is to say,—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small
Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,—
Section 9,
Sections 91 and 92,
23
Sections 94 and 95 [so far as they authorise or relate to—
(i) orders for the attachment of immovable property,
(ii) injunctions,
(iii) the appointment of a receiver of immovable property, or
(iv) the interlocutory orders referred to in clause (e) of Section
94], and
Sections 96 to 112 and 115.
8. Presidency Small Cause Courts.—Save as provided in Sections 24,
38 to 41, 75, clauses (a), (b) and (c), 76, 24[77, 157 and 158], and by
the Presidency Small Cause Courts Act, 1882 (15 of 1882), the
25
provisions in the body of this Code shall not extend to any suit or
proceeding in any Court of Small Causes established in the towns of
Calcutta, Madras and Bombay:
26
[Provided that—
(1) the High Courts of Judicature at Fort William, Madras and
Bombay, as the case may be, may from time to time, by
27 28
notification in the [Official Gazette], direct that any such
provisions not inconsistent with the express provisions of the
Presidency Small Cause Courts Act, 1882 (15 of 1882), and
with such modifications and adaptations as may be specified in
the notification, shall extend to suits or proceedings or any
class of suits or proceedings in such Court;
(2) all rules heretofore made by any of the said High Courts under
Section 9 of the Presidency Small Cause Courts Act, 1882 (15
of 1882) shall be deemed to have been validly made.]
STATE AMENDMENTS
Gujarat.—In its application to the State of Gujarat, in Section 8 in
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the opening para, after the words “Calcutta, Madras and Bombay”,
insert the words “and in the city of Ahmedabad”. [Vide Gujarat Act XIX
of 1961 as amended by Gujarat Act XXXII of 1961, Section 21 and
Schedule (w.e.f. 1-11-1961)].
PART I
Suits in General
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 which their cognisance is either
expressly or impliedly barred.
29
Explanation [I].—A suit in which the right to property or to an
office is contested is a suit of a civil nature, notwithstanding that such
right may depend entirely on the decision of questions as to religious
rites or ceremonies.
30
[Explanation II.—For the purposes of this section, it is immaterial
whether or not any fees are attached to the office referred to in
Explanation I or whether or not such office is attached to a particular
place.]
► Nature and scope.—The law confers on every person an inherent right to
bring a suit of civil nature of one's choice, at one's peril, howsoever frivolous the
claim may be, unless it is barred by a statute, Abdul Gafur v. State of
Uttarakhand, (2008) 10 SCC 97.
A decree passed without consideration of statutory provisions barring
jurisdiction of Civil Court must be subject to the orders of the appropriate authority
in proceedings under the statute concerned, Saraswatibai Trimbak Gaikwad v.
Damodhar D. Motiwale, (2002) 4 SCC 481.
Bar against jurisdiction of Civil Court, not be inferred unless alternative remedy
provided. Where there is no express bar, but statutory provisions imply exclusion
of jurisdiction, held, exclusion still cannot be inferred unless the statute also
provides an adequate and efficacious alternative remedy, Dhruv Green Field Ltd.
v. Hukam Singh, (2002) 6 SCC 416.
► Jurisdiction of civil court.—Jurisdiction of civil court is plenary in nature,
unless the same is ousted, expressly or by necessary implication, it will have
jurisdiction to try all types of suits, Robust Hotels (P) Ltd. v. EIH Ltd., (2017) 1
SCC 622.
Ouster of jurisdiction of civil court cannot be inferred readily. Thus, an
arbitration clause in an agreement excluding jurisdiction of civil court by virtue of
Arbitration Act, has to be construed strictly, Vimal Kishor Shah v. Jayesh Dinesh
Shah, (2016) 8 SCC 788 : (2016) 4 SCC (Civ) 303.
Jurisdiction of civil courts cannot be completely taken away in spite of either
an express or implied bar. Civil courts despite such bar continue to have
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jurisdiction to examine a matter in which there is an allegation of noncompliance

with statutory provisions or any fundamental principle of judicial procedure, South
Delhi Municipal Corpn. v. Today Homes & Infrastructure (P) Ltd., (2020) 12
SCC 680.
► Jurisdiction of Revenue Court/Criminal Court.—Revenue Court does not
have jurisdiction of granting relief of cancellation of a deed on the ground of fraud
and misrepresentation, Narendra Kumar Mittal v. Nupur Housing Development
(P) Ltd., (2020) 20 SCC 158.
Appropriate forum and action for dispute about title to seized stolen goods, is
suit in competent Civil Court and not in criminal proceedings relating to
prosecution for the theft, Thamanna Shivalingappa Teli v. State of Karnataka,
(2005) 12 SCC 171.
► Premature suit.—Court has power to pass order regarding maintainability
of premature suit adjusting equities and satisfying ends of justice, as it may deem
fit in its discretion, Vithalbhai (P) Ltd. v. Union of India, (2005) 4 SCC 315.
► Burden of proof.—Onus lies on party seeking ouster of Civil Court's
jurisdiction, Sahebgouda v. Ogeppa, (2003) 6 SCC 151, See also Mahant Dooj
Dass v. Udasin Panchayati Bara Akhara, (2008) 12 SCC 181.
► Maintainability of suit.—Maintainability of suit is question of law. All civil
suits are maintainable unless barred either by expression provision or by
necessary implication of law, Jyoti Ltd. v. Bharat J. Patel, (2015) 14 SCC 566.
Claim in respect of subject-matter not covered in suit, is not maintainable.
Fresh suit has to be filed in respect such subject-matter, if maintainable, Ram
Dutt v. Dev Dutt, (2016) 6 SCC 718 : (2016) 3 SCC (Civ) 476.
Dispute principally being as to succession to property, turning on question of
legitimacy/legal status of parties concerned as legal heirs of deceased person
concerned could only be resolved vide a civil suit, R. Kasthuri v. M. Kasthuri,
(2018) 5 SCC 353.
► Leave to file another suit.—A Civil Court does not grant leave to file
another suit, Shiv Kumar Sharma v. Santosh Kumari, (2007) 8 SCC 600.
► Defamation Cases.—In absence of codified law for civil action, civil suit
claiming damages for defamation can be instituted under Section 9CPC, unless
there is any specific bar, by taking recourse to Common Law of England which is
continuing law in force in India by virtue of Article 372 of the Constitution,
Subramanian Swamy v. Union of India, (2016) 7 SCC 221.
► Duty of courts.—If a suit is barred by law, court is bound to take note of
the bar whether such question is raised by parties or not, Sasan Power Ltd. v.
North American Coal Corpn. (India) (P) Ltd., (2016) 10 SCC 813.
STATE AMENDMENTS
SECTION 9-A
Maharashtra.—In its application to the State of Maharashtra,
Section 9-A inserted by Maharashtra Act 65 of 1977, S. 3 (19-12-1977)
and deleted by Maharashtra Act No. 61 of 2018, S. 2 (w.r.e.f. 27-6-
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2018)]. Prior to deletion it read as:

“9-A. Where at the hearing of application relating to interim relief
in a suit, objection to jurisdiction is taken, such issue to be decided
by the Court as a preliminary issue.—(1) Notwithstanding anything
contained in this Code or any other law for the time being in force, if,
at the hearing of any application for granting or setting aside an
order granting any interim relief, whether by way of stay, injunction,
appointment of a receiver or otherwise, made in any suit, an
objection to the jurisdiction of the Court to entertain such suit is
taken by any of the parties to the suit, the Court shall proceed to
determine at the hearing of such application the issue as to the
jurisdiction as a preliminary issue before granting or setting aside
the order granting the interim relief. Any 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 suit.
(2) Notwithstanding anything contained in sub-section (1), at the
hearing of any such application, the Court may grant such interim
relief as it may consider necessary, pending determination by it of
the preliminary issue as to the jurisdiction.”
► Jurisdiction to entertain.—Objection as to jurisdiction to
entertain suit, to be decided by the court as a preliminary issue under
Section 9-A [as inserted by CPC (Maharashtra Amendment) Act, 1977].
The word “jurisdiction” in Section 9-A, does not include issue of bar of
limitation. The word “jurisdiction” in Section 9-A is qualified with the
expression “to entertain the suit”. Both the said expressions when
taken together give the meaning that court should have power or
inherent jurisdiction to receive suit for consideration on merits. Meaning
to be given to “jurisdiction to entertain” in Section 9-A is a narrow one
as to maintainability. It is only the competence of the court to receive a
suit for adjudication which is covered under Section 9-A. In a case
barred by limitation, court possesses jurisdiction to decide that issue.
Where court has no jurisdiction, it cannot decide that issue on merits at
all. Thus, question of limitation in no case can be said to be a question
of jurisdiction of court in the context of Section 9-A. Issue of limitation,
therefore, cannot be decided as a preliminary issue of jurisdiction under
Section 9-A. Kamalakar Eknath Salunkhe, (2015) 7 SCC 321, held, is
correctly decided and is affirmed. Foreshore Coop. Housing Society Ltd.,
(2015) 6 SCC 412 which took a contrary view, overruled, Nusli Neville
Wadia v. Ivory Properties, (2020) 6 SCC 557.
► Comparative scope of Section 9-A [as inserted byCPC
(Maharashtra Amendment) Act, 1977] and Order 14 Rule 2 (as
amended w.e.f. 1-2-1977).—The scope of Section 9-ACPC is different
and limited as compared to Order 14 Rule 2CPC. Under Section 9-A,
only jurisdiction to entertain has to be decided, where maintainability of
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suit is decided concerning jurisdiction of court as a pure question of law

at a preliminary stage. On the other hand, under Order 14 Rule 2CPC,
issues of law as to (i) jurisdiction of court, or (ii) a bar to suit created
by any law for the time being in force, are to be decided as a
preliminary issue. Scope of Section 9-A has been narrowed down by
legislature as compared to provisions of Order 14 Rule 2(2) by not
including in Section 9-A provisions as to “a bar created by any other
law for the time being in force”. Further held, only a pure question of
law and not a mixed question of law and fact can be decided as a
preliminary issue both under Section 9-A and Order 14 Rule 2.
Recording of evidence at that stage is impermissible, Nusli Neville
Wadia v. Ivory Properties, (2020) 6 SCC 557.
► Comparative scope of Section 9-A [as inserted byCPC
(Maharashtra Amendment) Act, 1977] and Order 7 Rule 11(d).—
Under Order 7 Rule 11(d)CPC, plaint can be rejected on ground of
limitation where plaint averment itself indicates cause of action to be
barred by limitation and no further evidence is required to adjudicate
the issue: The stage at which Order 7 Rule 11(d) has to be applied, is
at the threshold and scope of Section 9-ACPC is somewhat limited and
different. Section 9-A is limited in its operation as to jurisdiction of
court to entertain a suit. The question of limitation in no case can be
said to be a question of jurisdiction of court in the context of Section 9-
ACPC, Nusli Neville Wadia v. Ivory Properties, (2020) 6 SCC 557.
► Section 9-A [as amended byCPC (Maharashtra Amendment) Act, 1977]
and Order 14 Rule 2.—Section 9-A as introduced by the Maharashtra
Amendment Act, is mandatory in nature, including on issue of limitation. Word
“jurisdiction” under Section 9-A wide enough to include the issue of limitation,
Foreshore Coop. Housing Society Ltd. v. Praveen D. Desai, (2015) 6 SCC 412.
► Section 9-A (as applicable in Maharashtra prior to its deletion in 2018)
and Order 14 Rule 2.—It is open to decide a preliminary issue only if it is purely
a question of law, and not a mixed question of law and fact requiring recording of
evidence. Thus, held, “jurisdiction” in Section 9-A does not include issue of
limitation as the same involves mixed questions of fact and law, Shyam Madan
Mohan Ruia v. Messer Holdings Ltd., (2020) 5 SCC 252.
► Comparative scope of Section 9-A [as inserted byCPC (Maharashtra
Amendment) Act, 1977] and Order 7 Rule 11(d).—Under Order 7 Rule 11(d)
CPC, plaint can be rejected on ground of limitation where plaint averment itself
indicates cause of action to be barred by limitation and no further evidence is
required to adjudicate the issue: The stage at which Order 7 Rule 11(d) has to be
applied, is at the threshold and scope of Section 9-ACPC is somewhat limited and
different. Section 9-A is limited in its operation as to jurisdiction of court to
entertain a suit. The question of limitation in no case can be said to be a question
of jurisdiction of court in the context of Section 9-ACPC, Nusli Neville Wadia v.
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Ivory Properties, (2020) 6 SCC 557.

► Jurisdiction to entertain.—Objection as to jurisdiction to entertain suit, to
be decided by the court as a preliminary issue under Section 9-A [as inserted by
CPC (Maharashtra Amendment) Act, 1977]. The word “jurisdiction” in Section 9-
A, does not include issue of bar of limitation. Kamalakar Eknath Salunkhe, (2015)
7 SCC 321, held, is correctly decided and is affirmed. Foreshore Coop. Housing
Society Ltd., (2015) 6 SCC 412 which took a contrary view, overruled, Nusli
Neville Wadia v. Ivory Properties, (2020) 6 SCC 557.
10. Stay of suit.—No Court shall proceed with the trial of any suit in
which the matter in issue is also directly and substantially in issue in a
previously instituted suit between the same parties, or between parties
under whom they or any of them claim litigating under the same title
where such suit is pending in the same or any other Court in 31[India]
having jurisdiction to grant the relief claimed, or in any Court beyond
32 33
the limits of [India] established or continued by [the Central
34 35
Government] [* * *] and having like jurisdiction, or before [the
Supreme Court].
Explanation.—The pendency of a suit in a foreign court does not
36
preclude the Courts in [India] from trying a suit founded on the same
cause of action.
► Object.—The object underlying Section 10 is to avoid two parallel trials on
the same issue by two courts of concurrent jurisdiction and to avoid recording of
conflicting findings on issues which are directly and substantially in issue in a
previously instituted suit, National Institute of Mental Health & Neuro Sciences v.
C. Parmeshwara, (2005) 2 SCC 256.
Mere filing of an application under Section 10CPC does not in any manner put
an embargo on the power of the court to examine the merits of the matter, Pukhraj
D. Jain v. G. Gopalakrishna, (2004) 7 SCC 251.
► Proceedings before Labour Court.—The language of Section 10
suggests that it is referable to a suit instituted in the Civil Court and it cannot apply
to proceedings of another nature instituted under any other statute. The
proceedings before the Labour Court cannot be equated with the proceedings
before a Civil Court. They are not courts of concurrent jurisdiction, National
Institute of Mental Health & Neuro Sciences v. C. Parmeshwara, (2005) 2 SCC
256.
► Conditions.—The use of negative expression in Section 10, i.e. “no court
shall proceed with the trial of any suit” makes the provision mandatory and the
court in which the subsequent suit has been filed is prohibited from proceeding
with the trial of that suit if the conditions laid down in Section 10 of the Code are
satisfied, Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333 : (2013) 2
SCC (Civ) 601.
► Applicability.—For S. 10 to be attracted it is essential that entire subject-
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matter in controversy must be the same between previous suit and subsequent
suit. Mere common grounds in previous suit and subsequent suit would not attract
S. 10, Aspi Jal v. Khushroo Rustom Dadyburjor, (2013) 4 SCC 333 : (2013) 2
SCC (Civ) 601.
► Effect of contravention.—Section 10 merely enacts a rule of procedure
and decree passed in contravention thereof not a nullity, Pukhraj D. Jain v. G.
Gopalakrishna, (2004) 7 SCC 251.
11. Res judicata.—No Court shall try any suit or issue in which the
matter directly and substantially in issue has been directly and
substantially in issue in a former suit between the same parties, or
between parties under whom they or any of them claim, litigating
under the same title, in a Court competent to try such subsequent suit
or the suit in which such issue has been subsequently raised, and has
been heard and finally decided by such Court.
Explanation I.—The expression “former suit” shall denote a suit
which has been decided prior to the suit in question whether or not it
was instituted prior thereto.
Explanation II.—For the purposes of this section, the competence of
a Court shall be determined irrespective of any provisions as to a right
of appeal from the decision of such Court.
Explanation III.—The matter above referred to must in the former
suit have been alleged by one party and either denied or admitted,
expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been
made ground of defence or attack in such former suit shall be deemed
to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not
expressly granted by the decree, shall, for the purposes of this section,
be deemed to have been refused.
Explanation VI.—Where persons litigate bona fide in respect of a
public right or of a private right claimed in common for themselves and
others, all persons interested in such right shall, for the purposes of
this section, be deemed to claim under the persons so litigating.
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[Explanation VII.—The provisions of this section shall apply to a
proceeding for the execution of a decree and references in this section
to any suit, issue or former suit shall be construed as references,
respectively, to a proceeding for the execution of the decree, question
arising in such proceeding and a former proceeding for the execution of
that decree.
Explanation VIII.—An issue heard and finally decided by a court of
limited jurisdiction, competent to decide such issue, shall operate as
res judicata in a subsequent suit, notwithstanding that such court of
limited jurisdiction was not competent to try such subsequent suit or
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the suit in which such issue has been subsequently raised.]

► Principle of Res Judicata.—The principle of res judicata envisages that a
judgment of a court of concurrent jurisdiction directly upon a point would create a
bar as regards a plea, between the same parties in some other matter in another
court, where the said plea seeks to raise afresh the very point that was determined
in the earlier judgment, Swamy Atmananda v. Sri Ramakrishna Tapovanam,
(2005) 10 SCC 51, See also Amarendra Komalam v. Usha Sinha, (2005) 11 SCC
251.
Section 11 generally comes into play in relation to civil suits. But apart from the
codified law, the principle of res judicata has been applied since long in various
other kinds of proceedings and situations by courts in England, Indian and other
countries, Ramchandra Dagdu Sonavane v. Vithu Hira Mahar, (2009) 10 SCC
273 : (2009) 4 SCC (Civ) 162.
History of doctrine, traced. Further held that while applying the principles of
res judicata the court should not be hampered by any technical rules of
interpretation, M. Nagabhushana v. State of Karnataka, (2011) 3 SCC 408 :
(2011) 1 SCC (Civ) 733.
Issue only collaterally or incidentally decided in earlier proceedings, held,
would not operate as res judicata in proceedings where the issue is directly and
substantially involved, Nand Ram v. Jagdish Prasad, (2020) 9 SCC 393.
Law clarified regarding plea of res judicata, when may be decided as
preliminary issue, Jamia Masjid v. K.V. Rudrappa, (2022) 9 SCC 225.
► Nature and Scope.—Vague, cryptic and casual order in former
proceeding containing finding that was neither directly in issue nor properly
examined, cannot amount to res judicata, Ajay Arjun Singh v. Sharadendu Tiwari,
(2016) 6 SCC 576 : (2016) 3 SCC (Civ) 222.
Section 11 Explanation VI, held, not confined to cases covered by Order 1
Rule 8 but extends to include any litigation in which, apart from Order 1 Rule 8
altogether, parties are entitled to represent interested persons other than
themselves (such as suit by next friend of deity on behalf of deity/worshippers).
Provisions of Order 1 Rule 8 do not control the applicability of Section 11 Expln.
VI, M. Siddiq (Ram Janmabhumi Temple 5J) v. Suresh Das, (2020) 1 SCC 1.
► Object.—The object of the principle of res judicata as contended in
Section 11CPC is to uphold the rule of conclusiveness of judgment, as to the
points decided earlier of fact, or of law, or of fact and law, in every subsequent
suit between the same parties, Swamy Atmananda v. Sri Ramakrishna
Tapovanam, (2005) 10 SCC 51.
► Extent and applicability.—Where previous suit was dismissed for non-
joinder of parties by giving liberty to plaintiff to file fresh suit and accordingly
subsequent suit filed joining other defendants also and claiming reliefs different
from those claimed in previous suit, neither parties, nor subject-matter nor relief
claimed in two suits being the same, subsequent suit not barred by res judicata,
City Municipal Council, Bhalki v. Gurappa, (2016) 2 SCC 200 : (2016) 2 SCC
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(Civ) 59.
Where former suit for possession of entire property was based on a settlement
deed, and, subsequent suit for partition claiming plaintiff's share in property was
based on her birth right, res judicata not attracted, Nagabhushanammal v. C.
Chandikeswaralingam, (2016) 4 SCC 434 : (2016) 2 SCC (Civ) 642.
When the claim in subsequent suit could not have been the subject-matter of
settlement between the parties, suit was not barred, Bharat Hydro Power Corpn.
Ltd. v. State of Assam, (2016) 12 SCC 598.
First application under Order 22 Rule 4 dismissed without adjudication on
merits, subsequent application under Order 1 Rule 10 not barred by res judicata,
Pankajbhai Rameshbhai Zalavadiya v. Jethabhai Kalabhai Zalavadiya, (2017) 9
SCC 700.
► Applicabilty/Non-applicability of Res judicata.—Principle of res judicata
is not applicable in case of decisions relating to jurisdictional facts, Sonepat
Coop. Sugar Mills Ltd. v. Ajit Singh, (2005) 3 SCC 232 : 2005 SCC (L&S) 387.
Findings on issue(s) which actually fell for consideration in the previous
proceedings alone can operate as res judicata, Anil Kumar Modi v. Tarsem
Kumar Gupta, (2023) 2 SCC 201.
Res judicata is applicable to writ petitions, Ishwar Dutt v. Collector (LA),
(2005) 7 SCC 190.
The bar of res judicata or principles analogous thereto would not apply to a
writ of habeas corpus where the petitioner prays for setting him at liberty, T.P.
Moideen Koya v. State of Kerala, (2004) 8 SCC 106.
The principle of res judicata would apply only when the lis was inter partes and
had attained finality in respect of the issues involved, Union of India v. Pramod
Gupta, (2005) 12 SCC 1.
► Different stages of the same proceedings.—Principles of res judicata
apply in different stages of the same proceedings, Bhanu Kumar Jain v. Archana
Kumar, (2005) 1 SCC 787; Chabbil Das v. Pappu, (2006) 12 SCC 41.
The principle of res judicata applies as between two stages in the same
litigation so that if an issue has been decided at an earlier stage against a party, it
cannot be allowed to be reagitated by him at a subsequent stage in the same suit
or proceedings, C.V. Rajendran v. N.M. Muhammed Kunhi, (2002) 7 SCC 447.
► Rent control proceedings.—Ground of bona fide need is a recurring
cause of action as such landlord is not precluded from filing fresh proceedings for
eviction if on the date of the fresh suit his requirement is bona fide, N.R. Narayan
Swamy v. B. Francis Jagam, (2001) 6 SCC 473.
► Res judicata and Supreme Court Rules.—The Supreme Court Rules are
not technical rules of procedure and are fundamental to the administration of
justice in all courts, based on the principle that there must be an end to litigation,
State of Haryana v. State of Punjab, (2004) 12 SCC 673.
► Res judicata and Order 2, Rule 2.—The doctrine of res judicata differs
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from the principle underlying Order 2, Rule 2 in that the former places emphasis
on the plaintiff's duty to exhaust all available grounds in support of his claim, while
the latter requires the plaintiff to claim all reliefs emanating from the same cause of
action, Kunjan Nair Sivaraman Nair v. Narayanan Nair, (2004) 3 SCC 277.
Constructive res judicata deals with grounds of attack and defence which
ought to have been raised, but not raised, whereas Order 2, Rule 2CPC relates to
reliefs which ought to have been claimed on the same cause of action but not
claimed, Alka Gupta v. Narender Kumar Gupta, (2010) 10 SCC 141 : (2010) 4
SCC (Civ) 73.
► Res judicata and issue estoppel.—There is a distinction between “issue
estoppel” and “res judicata”. Res judicata debars a court from exercising its
jurisdiction to determine the lis if it has attained finality between the parties
whereas the doctrine of issue estoppel is invoked against a party, Bhanu Kumar
Jain v. Archana Kumar, (2005) 1 SCC 787.
► Competent court.—Finding on issue of title recorded by Small Cause
Court does not operates as res judicata and ultimately said issue has to be
adjudicated upon by competent Civil Court, Nirmal Jeet Singh Hoon v. Itriza
Hussain, (2010) 14 SCC 564 : (2012) 1 SCC (Civ) 759.
Order passed without jurisdiction is a nullity thus held, cannot operate as res
judicata, even if such order attains finality in favour of some parties by virtue of
not being appealed against, Union of India v. Assn. of Unified Telecom Service
Providers of India, (2011) 10 SCC 543.
Order without jurisdiction cannot constitute res judicata, Chandrabhai K. Bhoir
v. Krishna Arjun Bhoir, (2009) 2 SCC 315 : (2009) 1 SCC (Civ) 512.
The principle of res judicata would not apply where the judgment/order has
been passed by a court having no jurisdiction, Union of India v. Pramod Gupta,
(2005) 12 SCC 1.
► Binding precedent.—For principles of res judicata to apply the lis and
parties has to be the same. A binding precedent on the other hand arises when
the court determines a certain issue for a certain sets of facts but in a different lis.
Then if the material facts match in a later case, then, that issue stands determined
for that later case though the lis and parties may be different, Fida Hussain v.
Moradabad Development Authority, (2011) 12 SCC 615 : (2012) 2 SCC (Civ)
762.
► Applicability of bar.—Only ratio decidendi of a judgment would bar a
subsequent suit, Dadu Dayalu Mahasabha, Jaipur (Trust) v. Mahant Ram Niwas,
(2008) 11 SCC 753.
► Change in statutory law.—Change in law subsequent thereto (repeal of
statutory provision on which said judgment/order based) does not take away the
effect of the said judgment/order as between the parties thereto, State of
Maharashtra v. R.S. Bhonde, (2005) 6 SCC 751 : 2005 SCC (L&S) 907.
► Applicability of Res judicata.—Only determinations which are essential or
fundamental to the substantive decision, and not collateral thereto, held, would
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result in application of doctrine of res judicata. Scope of applicability of doctrine

of res judicata and effective test to distinguish between a fundamental or collateral
determination, explained, Yadaiah v. State of Telangana, (2023) 10 SCC 755.
► Res judicata.—The doctrine is rooted in the idea of maintenance of the
decorum of hierarchy of courts and tribunals. The doctrine is based on the simple
reasoning that there cannot be, at the same time, more than one operative order
governing the same subject-matter, Mary Pushpam v. Telvi Curusumary, (2024) 3
SCC 224.
12. Bar to further suit.—Where a plaintiff is precluded by rules from
instituting a further suit in respect of any particular cause of action, he
shall not be entitled to institute a suit in respect of such cause of action
in any Court to which this Code applies.
13. When foreign judgment not conclusive.—A foreign judgment
shall be conclusive as to any matter thereby directly adjudicated upon
between the same parties or between parties under whom they or any
of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent
jurisdiction;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded
on an incorrect view of international law or a refusal to
38
recognise the law of [India] in cases in which such law is
applicable;
(d) where the proceedings in which the judgment was obtained
are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in
39
force in [India].
► Effect of foreign judgment.—Judgment of foreign court affirming status
and bona fides of foreign couple for adopting an Indian child can be accepted
under Section 13CPC, International Woollen Mills v. Standard Wool (U.K.) Ltd.,
(2001) 5 SCC 265.
► Presumption as to foreign judgment.—Indian court can examine whether
tests laid down under Sections 13 and 44-ACPC are satisfied, Bhavesh Jayanti
Lakhani v. State of Maharashtra, (2009) 9 SCC 551 : (2010) 1 SCC (Cri) 47.
► Burden of proof.—Burden of proving that foreign judgment is not on merits
lies on party so alleging, but in order to prove the point such party would not be
expected to do the impossible by leading evidence as to the state of mind of the
Judge who passed the decree, International Woollen Mills v. Standard Wool
(U.K.) Ltd., (2001) 5 SCC 265.
► Execution of Foreign judgment.—Once an order or decree is obtained
after following due judicial process by giving reasonable notice and opportunity to
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all proper and necessary parties to put forth their case, executing court cannot
enquire into validity, legality or otherwise of said judgment, Alcon Electronics (P)
Ltd. v. Celem S.A. of France, (2017) 2 SCC 253.
It is for the reciprocal advantage of courts of all nations to enforce foreign
rights as far as practicable. Recognition of substantive rights should not be
defeated by some vague assumed limitations of the court, Alcon Electronics (P)
Ltd. v. Celem S.A. of France, (2017) 2 SCC 253.
► Costs.—Although interest on costs is not available in India due to deletion
of Section 35(3), same does not mean that Indian courts cannot execute foreign
decree for interest on costs, Alcon Electronics (P) Ltd. v. Celem S.A. of France,
(2017) 2 SCC 253.
Costs imposed on the basis of indemnity are not a penalty or tax. Hence,
Explanation 2 to Section 44-A does not refer to costs as contemplated under
Section 35, Alcon Electronics (P) Ltd. v. Celem S.A. of France, (2017) 2 SCC
253.
14. Presumption as to foreign judgments.—The Court shall presume,
upon the production of any document purporting to be a certified copy
of a foreign judgment, that such judgment was pronounced by a Court
of competent jurisdiction, unless the contrary appears on the record;
but such presumption may be displaced by proving want of jurisdiction.
► Foreign judgment and res judicata.—Considerations involved in child
custody matters. Interest and welfare of the minor being paramount, a competent
court in this country is entitled and indeed duty-bound to examine the matter
independently, taking the foreign judgment, if any, only as an input for its final
adjudication, Ruchi Majoo v. Sanjeev Majoo, (2011) 6 SCC 479 : (2011) 3 SCC
(Civ) 396.
Place of Suing
15. Court in which suits to be instituted.—Every suit shall be
instituted in the Court of the lowest grade competent to try it.
► Objection as to jurisdiction.—Objections on the ground of territorial or
pecuniary jurisdiction may not be entertained after issues have been settled,
unless a consequent failure of justice would ensue. The objection can, therefore,
be waived, Hindustan Petroleum Corporation Ltd v. Barun Sankar Chatterjee,
2012 SCC OnLine Cal 509 : AIR 2012 Cal 255 (259).
► Suit for infringement of trade mark.—A suit for infringement of trade
mark can be filed in the Court of District Judge and not in any Court inferior to the
Court of District Judge, Sanjay Kumar alias Mallu v. Manoj Kumar Sahu, 2008
SCC OnLine All 50 : AIR 2008 (NOC) 2270 : 2008 (4) All LJ 360 (All) (DB).
16. Suits to be instituted where subject-matter situate.—Subject to
the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or
profits,
(b) for the partition of immovable property,
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(c) for foreclosure, sale or redemption in the case of a mortgage of

or charge upon immovable property,
(d) for the determination of any other right to or interest in
immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or
attachment,
shall be instituted in the Court within the local limits of whose
jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for
wrong to, immovable property held by or on behalf of the defendant
may, where the relief sought can be entirely obtained through his
personal obedience, be instituted either in the Court within the local
limits of whose jurisdiction the property is situate, or in the Court
within the local limits of whose jurisdiction the defendant actually and
voluntarily resides, or carries on business, or personally works for gain.
40
Explanation.—In this section “property” means property situate in
[India.]
► Scope and applicability.—Section 16CPC recognises a well-established
principle that actions against res or property should be brought in the forum where
such res is situate. A court within whose territorial jurisdiction the property is not
situated has no power to deal with and decide the rights or interests in such
property, Harshad Chiman Lal Modi v. DLF Universal Ltd., (2005) 7 SCC 791.
► Right of suitor.—Suitor can choose any one of the forums, if he is entitled
to maintain an action in two different forums. He is entitled to maintain a suit
before Civil Court, if its jurisdiction is not barred, Nahar Industrial Enterprises
Ltd. v. Hong Kong and Shanghai Banking Corpn., (2009) 8 SCC 646 : (2009) 3
SCC (Civ) 481.
► Jurisdiction.—Suit for partition of immovable properties situated in different
States is maintainable in any court where any of the immovable properties is
situated, Paramjit Singh Dhillon v. Harinder Singh Ghuman, (2020) 20 SCC 443.
► Proviso.—The proviso to Section 16 is an exception to the main part of the
section which cannot be interpreted or construed to enlarge the scope of the
principal provision. It would apply only if the suit falls within one of the categories
specified in the main part of the section and the relief sought could entirely be
obtained by personal obedience of the defendant, Harshad Chiman Lal Modi v.
DLF Universal Ltd., (2005) 7 SCC 791.
17. Suits for immovable property situate within jurisdiction of
different Courts.—Where a suit is to obtain relief respecting, or
compensation for wrong to, immovable property situate within the
jurisdiction of different Courts, the suit may be instituted in any Court
within the local limits of whose jurisdiction any portion of the property
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is situate:
Provided that, in respect of the value of the subject-matter of the
suit, the entire claim is cognizable by such Court.
► Place of suing.—Suit in respect of immovable property or properties
situate in jurisdiction of different courts may be instituted in any court within
whose local limits of jurisdiction, any portion of property or one or more properties
may be located provided such suit is filed on one and same cause of action.
Expression “suit may be instituted” makes filing of suit in such case discretionary,
Shivnarayan v. Maniklal, (2020) 11 SCC 629.
18. Place of institution of suit where local limits of jurisdiction of
Courts are uncertain.—(1) Where it is alleged to be uncertain within the
local limits of the jurisdiction of which of two or more Courts any
immovable property is situate, any one of those Courts may, if satisfied
that there is ground for the alleged uncertainty, record a statement 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 same
effect as if the property were situate within the local limits of its
jurisdiction:
Provided that the suit is one with respect to which the Court is
competent as regards the nature and value of the suit to exercise
jurisdiction.
(2) Where a statement has not been recorded under sub-section (1),
and an objection is taken before an Appellate or Revisional Court that a
decree or order in a suit relating to such property was made by a Court
not having jurisdiction where the property is situate, the Appellate or
Revisional Court shall not allow the objection unless in its opinion there
was, at the time of the institution of the suit, no reasonable ground for
uncertainty as to the Court having jurisdiction with respect thereto and
there has been a consequent failure of justice.
19. Suits for compensation for wrongs to person or movables.—
Where a suit is for compensation for wrong done to the person or to
movable property, if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides, or carries on
business, or personally works for gain, within the local limits of the
jurisdiction of another Court, the suit may be instituted at the option of
the plaintiff in either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in
Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory
of B. B may sue A either in Calcutta or in Delhi.
20. Other suits to be instituted where defendants reside or cause of
action arises.—Subject to the limitations aforesaid, every suit shall be
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instituted in a Court within the local limits of whose jurisdiction—

(a) the defendant, or each of the defendants where there are
more than one, at the time of the commencement of the suit,
actually and voluntarily resides, or carries on business, or
personally works for gain; or
(b) any of the defendants, where there are more than one, at the
time of the commencement of the suit, actually and voluntarily
resides, or carries on business, or personally works for gain,
provided that in such case either the leave of the Court is
given, or the defendants who do not reside, or carry on
business, or personally work for gain, as aforesaid, acquiesce in
such institution; or
(c) the cause of action, wholly or in part, arises.
41
[* * *]
42
[Explanation].—A corporation shall be deemed to carry on business
at its sole or principal office in 43[India] or, in respect of any cause of
action arising at any place where it has also a subordinate office, at
such place.
Illustrations
(a) A is a tradesman in Calcutta. B carries on business in Delhi. B, by
his agent in Calcutta, buys goods of A and requests A to deliver them
to the East Indian Railway Company. A delivers the goods accordingly
in Calcutta. A may sue B for the price of the goods either in Calcutta,
where the cause of action has arisen, or in Delhi, where B carries on
business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being
together at Benaras, B and C make a joint promissory note payable on
demand, and deliver it to A. A may sue B and C at Benaras, where the
cause of action arose. He may also sue them at Calcutta, where B
resides, or at Delhi, where C resides, but in each of these cases, if the
non-resident defendant objects, the suit cannot proceed without the
leave of the Court.
► Nature and scope.—Section 20 of the Code is a residuary provision and
covers those cases not falling within the limitations of Sections 15 to 19. The
opening words of the section, “subject to the limitations aforesaid” makes it
abundantly clear that the section takes within its sweep all personal actions,
Harshad Chiman Lal Modi v. DLF Universal Ltd., (2005) 7 SCC 791.
► Object.—Section 20(c)CPC leaves no room for doubt that a suit would lie in
a court within the local limits of whose jurisdiction the cause of action has arisen,
wholly or partly, Laxman Prasad v. Prodigy Electronic Ltd., (2008) 1 SCC 618 :
(2008) 1 SCC (Civ) 367.
► Jurisdiction as to subject-matter.—Jurisdiction as to subject-matter, is
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totally distinct and stands on a different footing. Where a court has no jurisdiction
over the subject-matter of the suit by reason of any limitation imposed by statute,
charter or commission, it cannot take up the cause or matter. An order passed by
a court having no jurisdiction is a nullity, Harshad Chiman Lal Modi v. DLF
Universal Ltd., (2005) 7 SCC 791; See also Subhash Mahadevasa Habib v.
Nemasa Ambasa Dharmadas, (2007) 13 SCC 650.
► Cause of action.—Cause of action comprises bundle of facts which are
relevant for determination of lis between parties, A.V.M. Sales Corpn. v. Anuradha
Chemicals (P) Ltd., (2012) 2 SCC 315 : (2012) 1 SCC (Civ) 809.
The elements of a cause of action are: first, the breach of duty owing by one
person to another and; second, the damage resulting to the other from the breach,
or the fact or combination of facts which gives rise to a right to sue, SBI v. Ranjan
Chemicals Ltd., (2007) 1 SCC 97.
Cause of action not only refers to the infringement but also the material facts
on which the right (alleged to be infringed) is founded. It has to be decided in
each case whether the cause of action wholly or in part arises at a particular
place, Indian Performing Rights Society Ltd. v. Sanjay Dalia, (2015) 10 SCC
161.
► Territorial jurisdiction of court.—Territorial jurisdiction of the court cannot
be conferred on the basis of change of address subsequent to decision of the
court, Mohannakumaran Nair v. Vijayakumaran Nair, (2007) 14 SCC 426.
44
21. Objections to jurisdiction.— [(1)] No objection as to the place of
suing shall be allowed by any Appellate or Revisional Court unless such
objection was taken in the Court of first instance at the earliest possible
opportunity and in all cases where issues are settled at or before such
settlement, and unless there has been a consequent failure of justice.
45
[(2) No objection as to the competence of a Court with reference to
the pecuniary limits of its jurisdiction shall be allowed by any Appellate
or Revisional Court unless such objection was taken in the Court of first
instance at the earliest possible opportunity, and, in all cases where
issues are settled, at or before such settlement, and unless there has
been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with
reference to the local limits of its jurisdiction shall be allowed by any
Appellate or Revisional Court unless such objection was taken in the
executing Court at the earliest possible opportunity, and unless there
has been a consequent failure of justice.]
► Kinds of jurisdiction.—The jurisdiction of a court may be classified into
several categories. The important categories are: (i) territorial or local jurisdiction,
(ii) pecuniary jurisdiction, and (iii) jurisdiction over the subject-matter, Harshad
Chiman Lal Modi v. DLF Universal Ltd., (2005) 7 SCC 791.
The Code of Civil Procedure has made a distinction between lack of inherent
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jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction.

Whereas an inherent lack of jurisdiction may make a decree passed by that court
one without jurisdiction or void in law, a decree passed by a court lacking
territorial jurisdiction or pecuniary jurisdiction does not automatically become void,
Subhash Mahadevasa Habib v. Nemasa Ambasa Dharmadas, (2007) 13 SCC
650.
► Objection as to territorial jurisdiction.—Ordinarily an appellate court
shall not, entertain an appeal on the ground of lack of territorial jurisdiction on the
part of the court below unless he has been prejudiced thereby, Mantoo Sarkar v.
Oriental Insurance Co. Ltd., (2009) 2 SCC 244 : (2009) 1 SCC (Civ) 482 : (2009)
1 SCC (Cri) 738.
So far as territorial and pecuniary jurisdiction are concerned, objection to such
jurisdiction has to be taken at the earliest possible opportunity and in any case at
or before settlement of issues. If such objection is not taken at the earliest, it
cannot be allowed to be taken at a subsequent stage, Harshad Chiman Lal Modi
v. DLF Universal Ltd., (2005) 7 SCC 791; See also Subhash Mahadevasa Habib
v. Nemasa Ambasa Dharmadas, (2007) 13 SCC 650.
46
[21-A. Bar on suit to set aside decree on objection as to place of
suing.—No suit shall lie challenging the validity of a decree passed in a
former suit between the same parties, or between the parties under
whom they or any of them claim, litigating under the same title, on any
ground based on an objection as to the place of suing.
Explanation.—The expression “former suit” means a suit which has
been decided prior to the decision in the suit in which the validity of the
decree is questioned, whether or not the previously decided suit was
instituted prior to the suit in which the validity of such decree is
questioned.]
► Nature and scope.—Expression “objection as to place of suing” covers
objection as to pecuniary jurisdiction, Subhash Mahadevasa Habib v. Nemasa
Ambasa Dharmadas, (2007) 13 SCC 650.
22. Power to transfer suits which may be instituted in more than one
Court.—Where a suit may be instituted in any one of two or more
Courts and is instituted in one of such Courts, any defendant, after
notice to the other parties, may, at the earliest possible opportunity
and in all cases where issues are settled at or before such settlement,
apply to have the suit transferred to another Court, and the Court to
which such application is made, after considering the objections of the
other parties (if any), shall determine in which of the several Courts
having jurisdiction the suit shall proceed.
► Transfer under inherent power.—Inherent power shall not be resorted to.
Sections 22 to 25 being exhaustive of the power of transfer, inherent power of
court can clearly not be invoked for transfer, Nahar Industrial Enterprises Ltd. v.
Hong Kong and Shanghai Banking Corpn., (2009) 8 SCC 646 : (2009) 3 SCC
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(Civ) 481.
23. To what Court application lies.—(1) Where the several Courts
having jurisdiction are subordinate to the same Appellate Court, an
application under Section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts
but to the same High Court, the application shall be made to the said
High Court.
(3) Where such Courts are subordinate to different High Courts, the
application shall be made to the High Court within the local limits of
whose jurisdiction the Court in which the suit is brought is situate.
► Relative scope.—Sections 22, 24 and 25 deal with power of transfer
whereas, Section 23 merely provides forum and specified the court in which an
application for transfer may be made. Section 23 is not a substantive provision
vesting power in a particular court to order transfer, Durgesh Sharma v.
Jayshree, (2008) 9 SCC 648.
24. General power of transfer and withdrawal.—(1) On the
application of any of the parties and after notice to the parties and after
hearing such of them as desired to be heard, or of its own motion
without such notice, the High Court or the District Court may 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
competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any
Court subordinate to it, and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court
subordinate to it and competent to try or dispose of the
same; or
(iii) retransfer the same for trial or disposal to the Court from
which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn
under sub-section (1), the Court which 47[is thereafter to try or dispose
of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at
which it was transferred or withdrawn.
48
[(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to
be subordinate to the District Court;
(b) “proceeding” includes a proceeding for the execution of a
decree or order.]
(4) The Court trying any suit transferred or withdrawn under this
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section from a Court of Small Causes shall, for the purposes of such
suit, be deemed to be a Court of Small Causes.
49
[(5) A suit or proceeding may be transferred under this section
from a Court which has no jurisdiction to try it.]
► Scope of transfer power.—The right of transfer though procedural in
nature, should not be construed liberally, Nahar Industrial Enterprises Ltd. v.
Hong Kong and Shanghai Banking Corpn., (2009) 8 SCC 646 : (2009) 3 SCC
(Civ) 481.
► Exercise of power.—Section 24CPC merely confers discretionary power.
A court acting under Section 24CPC may or may not in its judicial discretion
transfer a particular case. Section 24 does not prescribe any ground for ordering
the transfer of a case, Jitendra Singh v. Bhanu Kumari, (2009) 1 SCC 130 :
(2009) 1 SCC (Civ) 48.
► Suo motu exercise.—Under Section 24CPC, the High Court has
jurisdiction to suo motu withdraw a suit or appeal, pending in any court
subordinate to it.. Unless the High Court decides to transfer the suit or the appeal,
as the case may be, to some other court or the same court, it is obliged to try,
adjudicate and dispose of the same, Abdul Gafur v. State of Uttarakhand, (2008)
10 SCC 97.
► Fair trial.—If the court feels that the plaintiff or the defendant is not likely to
have a “fair trial” in the court from which he seeks to transfer a case, it is not only
the power, but the duty of the court to transfer the case, Kulwinder Kaur v. Kandi
Friends Education Trust, (2008) 3 SCC 659.
► Recording of reasons.—An order of transfer must reflect application of
mind by the court and the circumstances which weighed in taking the action,
Kulwinder Kaur v. Kandi Friends Education Trust, (2008) 3 SCC 659.
50
[25. Power of Supreme Court to transfer suits, etc.—(1) On the
application of a party, and after notice to the parties, and after hearing
such of them as desire to be heard, the Supreme Court may, 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 from a High Court or other Civil Court in one State to a High
Court or other Civil Court in any other State.
(2) Every application under this section shall be made by a motion
which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is
transferred shall, subject to any special directions in the order of
transfer, either retry it or proceed from the stage at which it was
transferred to it.
(4) In dismissing any application under this section, the Supreme
Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to any
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person who has opposed the application such sum, not exceeding two
thousand rupees, as it considers appropriate in the circumstances of
the case.
(5) The law applicable to any suit, appeal or other proceeding
transferred under this section shall be the law which the Court in which
the suit, appeal or other proceeding was originally instituted ought to
have applied to such suit, appeal or proceeding.]
► Nature and scope.—Section 25 is a self-contained code and comprises
substantive as well as procedural law allowing a party to move the court by an
application and also empowers the court to make an order of transfer of a case
from a Civil Court in one State to a Civil Court in another State. Sections 22 to 25
are exhaustive in nature, Durgesh Sharma v. Jayshree, (2008) 9 SCC 648.
► Considerations.—In deciding petition for transfer of matrimonial
proceedings convenience of wife is the prime consideration, Rajani Kishor
Pardeshi v. Kishor Babulal Pardeshi, (2005) 12 SCC 237.
Balance of convenience, or inconvenience to plaintiff or defendant or witness
and reasonable apprehension in mind of litigant that he may not get justice in the
court in which suit is pending, DAV Boys Senior Secondary School v. DAV
College Managing Committee, (2010) 8 SCC 401 : (2010) 3 SCC (Civ) 386.
Institution of Suits
51
26. Institution of suits.— [(1)] Every suit shall be instituted by the
presentation of a plaint or in such other manner as may be prescribed.
52
[(2) In every plaint, facts shall be proved by affidavit.]
► Institution of suits.—When statute requires filing of suit, it must be
instituted only in manner prescribed and in no other manner such as by filing
original petition, Sinnamani v. G. Vettivel, (2012) 5 SCC 759 : (2012) 3 SCC
(Civ) 392.
► Events happening after institution of suit.—Rights of parties, get
crystallised on the date of commencement of litigation. Right to relief should be
decided accordingly, Beg Raj Singh v. State of U.P., (2003) 1 SCC 726.
Summons and Discovery
27. Summons to defendants.—Where a suit has been duly instituted,
a summons may be issued to the defendant to appear and answer the
claim and may be served in manner prescribed 53[on such day not
beyond thirty days from the date of the institution of the suit].
► Summons to defendant.—The object of issuance of summons to
defendant to be served “on such day not beyond thirty days from the date of the
institution of the suit” is to prevent plaintiff delaying the issuance of summons by
not taking the steps necessary, Salem Advocate Bar Assn. v. Union of India,
(2003) 1 SCC 49.
► Due service of summons.—Requirement as to mentioning of a specific
“day, date, year and time” in summons for defendant's appearance in court, as
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contained in statutory format of summons prescribed in Appendix B CPC is

mandatory, Auto Cars v. Trimurti Cargo Movers (P) Ltd., (2018) 15 SCC 166.
28. Service of summons where defendant resides in another State.—
(1) A summons may be sent for service in another State to such Court
and in such manner as may be prescribed by rules in force in that
State.
(2) The Court to which such summons is sent shall, upon receipt
thereof, proceed as if it had been issued by such Court and shall then
return the summons to the court of issue together with the record (if
any) of its proceedings with regard thereto.
54
[(3) Where the language of the summons sent for service in
another State is different from the language of the record referred to in
sub-section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the
summons is Hindi, or
(b) in Hindi or English where the language of such record is other
than Hindi or English,
shall also be sent together with the record sent under that sub-
section.]
55
[29. Service of foreign summonses.—Summonses and other
processes issued by—
(a) any Civil or Revenue Court established in any part of India to
which the provisions of this Code do not extend, or
(b) any Civil or Revenue Court established or continued by the
authority of the Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the
Central Government has, by notification in the Official Gazette,
declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends,
and served as if they were summonses issued by such Courts.]
30. Power to order discovery and the like.—Subject to such
conditions and limitations as may be prescribed, the Court may, at any
time, either of its own motion or on the application of any party,—
(a) make such orders as may be necessary or reasonable in all
matters relating to the delivery and answering of
interrogatories, the admission of documents and facts, and the
discovery, inspection, production, impounding and return of
documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required
either to give evidence or to produce documents or such other
objects as aforesaid;
(c) order any fact to be proved by affidavit.
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High Court Amendment

CALCUTTA.—In clause (a) omit the words “delivery and answering of
interrogatories, the admission of documents and facts, and the
discovery” after the words “matters relating to” and before the word
“inspection”. Cal. Gaz. Pt. I, dt. 20-4-1967.
► Nature and scope.—Court must give greater emphasis to the veracity of
pleadings and documents in order to ascertain the truth which is the foundation of
justice, Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira,
(2012) 5 SCC 370 : (2012) 3 SCC (Civ) 126.
31. Summons to witness.—The provisions in Sections 27, 28 and 29
shall apply to summonses to give evidence or to produce documents or
other material objects.
High Court Amendment
CALCUTTA.—Omit figure ‘27’ — Cal. Gaz. Pt. I, dt. 20-4-1967.
32. Penalty for default.—The Court may compel the attendance of
any person to whom a summons has been issued under Section 30 and
for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;
56
(c) impose a fine upon him [not exceeding five thousand
rupees];
(d) order him to furnish security for his appearance and in default
commit him to the civil prison.
High Court Amendment
In clause (b) insert the word “immovable” before the word
“property” Cal. Gaz. Pt. I, dt. 20-4-1967.
Judgment and Decree
33. Judgment and decree.—The Court, after the case has been
heard, shall pronounce Judgment, and on such Judgment a decree shall
follow.
► “Decree”.—Decree or holder of court is normally binding on parties to it
unless it is shown to be without jurisdiction or vitiated by fraud/collusion or
avoidable on any legal ground, Som Dev v. Rati Ram, (2006) 10 SCC 788, See
also Thirunavukkarasu Mudaliar v. Gopal naidu, (2006) 12 SCC 390.
A decree is said to be a nullity if it is passed by a court having no inherent
jurisdiction. Merely because a court erroneously passes a decree or there is an
error while passing the decree, the decree cannot be called a nullity. The decree
to be called a nullity is to be understood in the sense that it is ultra vires the
powers of the court passing the decree and not merely voidable decree, Hiralal
Moolchand Doshi v. Barot Raman Lal Ranchhoddas, (1993) 2 SCC 458, 464 :
AIR 1993 SC 1449, See also Ramnik Vallabhdas Madhvani v. Taraben Pravinlal
Madhvani, (2004) 1 SCC 497.
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A conditional decree is self-operative, P.R. Yelumalai v. N.M. Ravi, (2015) 9

SCC 52 : (2015) 4 SCC (Civ) 309.
► “Judgment”.—If a party thinks that the happenings in court have been
wrongfully recorded in a judgment, it is incumbent upon the party, while the matter
is still fresh in the minds of the judges, to call the attention of the very judges who
have made the record, Roop Kumar v. Mohan Thedani, (2003) 6 SCC 595;
Ramesh Chand Daga v. Rameshwari Bai, (2005) 4 SCC 772; A.V.G.P. Chettiar
& Sons v. T. Palanisamy Gounder, (2002) 5 SCC 337.
Judgment must administer law according to the provisions of law. It is the
bounden duty of Judges to discern legislative intention in the process of
adjudication. Justice administered according to individual's whim, desire,
inclination and notion of justice would lead to confusion, disorder and chaos,
Gurdev Kaur v. Kaki, (2007) 1 SCC 546.
The court while passing a judgment cannot take away the right of the
successful party indirectly which it cannot do directly, Dadu Dayalu Mahasabha,
Jaipur (Trust) v. Mahant Ram Niwas, (2008) 11 SCC 753.
► Construction of decrees/judgments.—It is not necessary that all clauses
mentioned in the provisions under which the decree is passed should be
incorporated in the decree. While interpreting the decree, it must be read as if all
the provisions applicable at the time of passing of the decree are incorporated in
the decree, Philomina Jose v. Federal Bank Ltd., (2006) 2 SCC 608.
Judgment must be construed upon reading the same as a whole. Attending
circumstances may also be taken into consideration. Direction issued by reason
of a judgment should not be expanded, U.P. SRTC v. Commr. of Police (Traffic),
(2009) 3 SCC 634 : (2009) 2 SCC (Cri) 164.
The judgment of a court should not be interpreted as a statute. The meaning of
the words used in a judgment must be found out from the backdrop of the fact of
each case, Dadu Dayalu Mahasabha, Jaipur (Trust) v. Mahant Ram Niwas,
(2008) 11 SCC 753.
► Requirements of judgments.—A court of law must base its decision on
appreciation of evidence brought on record by applying correct legal principles.
Surmises and conjectures alone cannot form basis of a judgment, Navanath v.
State of Maharashtra, (2009) 14 SCC 480 : (2009) 5 SCC (Civ) 417.
Judgment and decree granting relief with respect to property other than that
described in plaint, is unsustainable. More so when that property admittedly stood
in the name of another person, who was not party to suit nor was any relief
claimed against him, Arulmigu Chokkanatha Swamy Koil Trust v. Chandran,
(2017) 3 SCC 702.
A mere concealment or non-disclosure of relevant facts without intent to
deceive or a bald allegation of fraud without proof and intent to deceive, would not
render a decree obtained by a party as fraudulent. Fraud must not merely be
alleged but proved, Harjas Rai Makhija v. Pushparani Jain, (2017) 2 SCC 797.
► Findings of fact recorded by Civil Court if binding in criminal in trial, or
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vice versa.—The findings of fact recorded by the Civil Court do not have any
bearing so far as the criminal case is concerned and vice versa. Standard of
proof is different in civil and criminal cases. In civil cases it is preponderance of
probabilities while in criminal cases it is proof beyond reasonable doubt. There is
neither any statutory nor any legal principle that findings recorded by the court
either in civil or criminal proceedings shall be binding between the same parties
while dealing with the same subject-matter and both the cases have to be decided
on the basis of the evidence adduced therein, Kishan Singh v. Gurpal Singh,
(2010) 8 SCC 775 : (2010) 3 SCC (Civ) 583.
► Pleadings.—Decision on a premise that was not pleaded in plaint, not
proper, Jharkhand State Housing Board v. Anirudh Kumar Sahu, (2018) 18 SCC
330.
Interest
34. Interest.—(1) Where and in so far as a decree is for the payment
of money, the Court may, in the decree, order interest at such rate as
the Court deems reasonable to be paid on the principal sum adjudged,
from the date of the suit to the date of the decree, in addition to any
interest adjudged on such principal sum for any period prior to the
institution of the suit, 57[with further interest at such rate not
exceeding six per cent per annum as the Court deems reasonable on
such principal sum], from the date of the decree to the date of
payment, or to such earlier date as the Court thinks fit:
58
[Provided that where the liability in relation to the sum so
adjudged had arisen out of a commercial transaction, the rate of such
further interest may exceed six per cent per annum, but shall not
exceed the contractual rate of interest or where there is no contractual
rate, the rate at which moneys are lent or advanced by nationalised
banks in relation to commercial transactions.
Explanation I.—In this sub-section, “nationalised bank” means a
corresponding new bank as defined in the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
Explanation II.—For the purposes of this section, a transaction is a
commercial transaction, if it is connected with the industry, trade or
business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of
further interest 59[on such principal sum] from the date of the decree to
the date of payment or other earlier date, the Court shall be deemed to
have refused such interest, and a separate suit therefor shall not lie.
► Applicability.—Section 34 is a general procedural provision. Its
applicability or inapplicability or extent of applicability would depend on the fact
situation of each case, Central Bank of India v. Ravindra, (2002) 1 SCC 367.
Section 34CPC, as it stood before amendment by Act 104 of 1976, deals with
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the question of interest in three stages. First is, interest prior to the date of
institution of suit, the second stage is interest from the date of institution of suit till
the date of decree and the third stage is from the date of decree till realisation of
the decretal amount, Ramnik Vallabhdas Madhvani v. Taraben Pravinlal
Madhvani, (2004) 1 SCC 497.
In dealing with civil suits, courts will have to follow the provisions of CPC in
levying costs, Alka Gupta v. Narender Kumar Gupta, (2010) 10 SCC 141.
Section 34 does not apply to mortgage suits which are covered exclusively by
Order 34, Rule 11, N.M. Veerappa v. Canara Bank, (1998) 2 SCC 317.
► Interest under Consumer Protection Act.—Consumer Protection Act
does not contain any provision for grant of interest, but on account of a catena of
cases of the Supreme Court that interest can still be awarded, taking recourse to
Section 34CPC, to do complete justice between the parties. That principle is
based upon justice, equity and good conscience, which would certainly authorise
the court to grant interest, otherwise, the very purpose of awarding compensation
to the appellant would be defeated, Rubi (Chandra) Dutta v. United India
Insurance Co. Ltd., (2011) 11 SCC 269 : (2011) 3 SCC (Civ) 658; Manalal
Prabhudayal v. Oriental Insurance Co. Ltd., (2009) 17 SCC 296 : (2011) 2 SCC
(Civ) 376.
► Award of costs as compensation.—Award of costs as compensation is
impermissible, Shamsu Suhara Beevi v. G. Alex, (2004) 8 SCC 569.
► “Court” meaning of.—“Court” does not include arbitral tribunal. Hence,
Section 34 inapplicable to arbitration proceedings, Bhagawati Oxygen Ltd. v.
Hindustan Copper Ltd., (2005) 6 SCC 462.
► Interest prior to filing suit.—Interest prior to the date of filing of suit/claim
can be awarded (a) where the contract provides for payment of interest, or (b)
where a statute applicable to the transaction/liability provides for payment of
interest, or (c) where the interest is payable as per the provisions of the Interest
Act, 1978, LIC v. S. Sindhu, (2006) 5 SCC 258.
► Interest on arrears of rent.—Interest on arrears of rent can be awarded
for entire period of pendency of suit including period when plaint was returned to
plaintiff for rectification of defects and represented after long delay, Central Coop.
Bank Ltd. v. S. Kamalaveni Sundaram, (2011) 1 SCC 790 : (2011) 1 SCC (Civ)
331.
► Future interest.—Future interest is not payable, in the absence of a
specific direction of the court to pay such interest is under Section 34(2)CPC,
where a decree is silent as to payment of further interest on the principal sum, it
shall be deemed to have been refused, Kerala SEB v. Kurien E. Kalathil, (2018) 4
SCC 793.
Costs
35. Costs.—(1) Subject to such conditions and limitations as may be
prescribed, and to the provisions of any law for the time being in force,
the costs of and incident to all suits shall be in the discretion of the
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Court, and the Court shall have full power to determine by whom or out
of what property and to what extent such costs are to be paid, and to
give all necessary directions for the purposes aforesaid. The fact that
the Court has no jurisdiction to try the suit shall be no bar to the
exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event,
the Court shall state its reasons in writing.
60
(3) [* * *]
STATE AMENDMENTS
Union Territory of Jammu and Kashmir.—In its application to the
Union Territory of Jammu and Kashmir, in Section 35, in sub-section
(1), omit “Commercial”. [Vide S.O. 1123(E), dated 18-3-2020 (w.e.f.
18-3-2020)].
Union Territory of Ladakh.—In its application to the Union
Territory of Ladakh — Same as UT of Jammu and Kashmir. [Vide S.O.
3774(E), dated 23-10-2020].
High Court Amendment
CALCUTTA.—Omit sub-section (2) Cal. Gaz. Pt I, dt. 20-4-1967.
► Nature and scope.—It is the bounden duty of the court to ensure that
dishonesty and any attempt to abuse the legal process must be effectively curbed
and one way to curb this tendency is to impose realistic costs, Indian Council for
Enviro-Legal Action v. Union of India, (2011) 8 SCC 161 : (2011) 4 SCC (Civ) 87.
► Object.—The provision for imposition of costs is to act as deterrent to
vexatious, frivolous and speculative litigations or defences, Vinod Seth v. Devinder
Bajaj, (2010) 8 SCC 1 : (2010) 3 SCC (Civ) 212, See also Ashok Kumar Mittal v.
Ram Kumar Gupta, (2009) 2 SCC 656.
► Power of court to award costs.—Though Section 35 does not impose a
ceiling on costs that could be levied and gives discretion to court in the matter,
however, in awarding costs court cannot ignore any conditions or limitations in
CPC or in any rules, Sanjeev Kumar Jain v. Raghubir Saran Charitable Trust,
(2012) 1 SCC 455 : (2012) 1 SCC (Civ) 275.
61
[35-A. Compensatory costs in respect of false or vexatious claims
62
or defences.—(1) If in any suit or other proceeding, [including an
63
execution proceeding but [excluding an appeal or a revision],] any
party objects to the claim or defence on the ground that the claim or
defence or any part of it is, as against the objector, false or vexatious to
the knowledge of the party by whom it has been put forward, and if
thereafter, as against the objector, such claim or defence is disallowed,
abandoned or withdrawn in whole or in part, the Court, 64[if it so thinks
fit], may, after recording its reasons for holding such claim or defence
to be false or vexatious, make an order for the payment to the objector
by the party by whom such claim or defence has been put forward, of
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costs by way of compensation.

(2) No Court shall make any such order for the payment of an
amount exceeding 65[three thousand rupees] or exceeding the limits of
its pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any
Court exercising the jurisdiction of a Court of Small Causes under the
66
Provincial Small Cause Courts Act, 1887 (9 of 1887) [or under a
67
corresponding law in force in [any part of India to which the said Act
68
does not extend]] and not being a Court constituted [under such Act
or law], are less than two hundred and fifty rupees, the High Court may
empower such Court to award as costs under this section any amount
not exceeding two hundred and fifty rupees and not exceeding those
limits by more than one hundred rupees:
Provided, further, that the High Court may limit the amount which
any Court or class of Courts is empowered to award as costs under this
section.
(3) No person against whom an order has been made under this
section shall, by reason thereof, be exempted from any criminal liability
in respect of any claim or defence made by him.
(4) The amount of any compensation awarded under this section in
respect of a false or vexatious claim or defence shall be taken into
account in any subsequent suit for damages or compensation in respect
of such claim or defence.]
STATE AMENDMENTS
Union Territory of Jammu and Kashmir.—In its application to the
Union Territory of Jammu and Kashmir, in Section 35-A, omit sub-
section (2). [Vide S.O. 1123(E), dated 18-3-2020 (w.e.f. 18-3-2020)].
Union Territory of Ladakh.—In its application to the Union
Territory of Ladakh — Same as UT of Jammu and Kashmir. [Vide S.O.
3774(E), dated 23-10-2020].
Uttar Pradesh.—(1) In its application to the State of Uttar Pradesh,
in Section 35-A, for the existing sub-section (1) the following shall be
substituted:
“(1) If in any suit or other proceedings including proceedings in
execution, but not being an appeal or revision, the Court finds that the
claim or defence or any part thereof is false or vexatious to the
knowledge of the party by whom it has been put forward and if such
claim or defence or such part is disallowed, abandoned or withdrawn in
whole or in part, the Court may, after recording its reasons for holding
such claim or defence to be false or vexatious, make an order for the
payment to the successful party of costs by way of compensation
irrespective of the decisions on other issues in the case.” [Vide U.P. Act
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24 of 1954, Section 2 and Schedule, Item 5, Entry 1. (30-11-1954).]

(2) In Section 35-A, after sub-section (1), the following sub-section
shall be inserted, namely:—
“(1-A) The provisions of sub-section (1) shall mutatis mutandis apply
to an appeal where the appellate Court confirms the decision of the trial
court and the trial court has not awarded, or has awarded insufficient,
compensatory cost under that sub-section.” [Vide U.P. Act 57 of 1976,
S. 2 (1-1-1977)].
69
[35-B. Costs for causing delay.—(1) If, on any date fixed for the
hearing of a suit or for taking any step therein, a party to the suit—
(a) fails to take the step which he was required by or under this
Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing
evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring
such party to pay to the other party such costs as would, in the opinion
of the Court, be reasonably sufficient to reimburse the other party in
respect of the expenses incurred by him in attending the Court on that
date, and payment of such costs, on the date next following the date of
such order, shall be a condition precedent to the further prosecution
of—
(a) the suit by the plaintiff, where the plaintiff was ordered to pay
such costs,
(b) the defence by the defendant, where the defendant was
ordered to pay such costs.
Explanation.—Where separate defences have been raised by the
defendants or groups of defendants, payment 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.
(2) The costs, ordered to be paid under sub-section (1), shall not, if
paid, be included in the costs awarded in the decree passed in the suit;
but, if such costs are not paid, a separate order shall be drawn up
indicating the amount of such costs and the names and addresses of
the persons by whom such costs are payable and the order so drawn up
shall be executable against such persons.]
► Whether directory or mandatory.—The provisions of Section 35-BCPC
are not mandatory but are only directory, Piaro Devi v. Anant Ram, 2008 SCC
OnLine HP 8 : AIR 2008 HP 107, 110.
If the costs imposed under Section 35-B are not paid, the consequences
mentioned therein would follow. However, Section 35-Bcannot come in the way of
the court's general power to extend time under Section 148 of the CPC, Manohar
Singh v. D.S. Sharma, (2010) 1 SCC 53 : (2010) 1 SCC (Civ) 7.
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PART II
Execution
General
70
[36. Application to orders.—The provisions of this Code relating to
the execution of decrees (including provisions relating to payment
under a decree) shall, so far as they are applicable, be deemed to apply
to the execution of orders (including payment under an order).]
High Court Amendment
CALCUTTA.—Insert the words “and of the Presidency Small Cause
Courts Act, 1882”, after the words “of this Code” and before the words
“relating to”; and the words “and except as therein otherwise
provided”, after the words “are applicable” and before the words “be
deemed to”. Cal. Gaz. Pt. I, dt. 20-4-1967.
37. Definition of Court which passed a decree.—The expression
“Court which passed a decree”, or words to that effect, shall, in relation
to the execution of decrees, unless there is anything repugnant in the
subject or context, be deemed to include,—
(a) where the decree to be executed has been passed in the
exercise of appellate jurisdiction, the Court of first instance,
and
(b) where the Court of first instance has ceased to exist or to have
jurisdiction to execute it, the Court which, if the suit wherein
the decree was passed was instituted at the time of making the
application for the execution of the decree, would have
jurisdiction to try such suit.
71
[Explanation.—The Court of first instance does not cease to have
jurisdiction to execute a decree merely on the ground that after the
institution of the suit wherein the decree was passed or after the
passing of the decree, any area has been transferred from 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 time of making the application for execution of the
decree it would have jurisdiction to try the said suit.]
Courts by which Decrees may be executed
38. Court by which decree may be executed.—A decree may be
executed either by the Court which passed it, or by the Court to which
it is sent for execution.
► Nature and scope.—An application for enforcement of arbitral award need
not always be filed before the District Court, an arbitral award can be filed before
competent Civil Court having territorial and pecuniary jurisdiction, Bhoomatha
Para Boiled Rice & Oil Mill (M/s.) v. Maheshwari Trading Co., 2009 SCC OnLine
AP 808 : AIR 2010 AP 137 (AP) (DB).
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39. Transfer of decree.—(1) The Court which passed a decree may,

on the application of the decree-holder, send it for execution to another
72
Court [of competent jurisdiction],—
(a) if the person against whom the decree is passed actually and
voluntarily resides or carries on business, or personally works
for gain, within the local limits of the jurisdiction of such other
Court, or
(b) if such person has not property within the local limits of the
jurisdiction of the Court which passed the decree sufficient to
satisfy such decree and has property within the local limits of
the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property
situate outside the local limits of the jurisdiction of the Court
which passed it, or
(d) if the Court which passed the decree considers for any other
reason, which it shall record in writing, that the decree should
be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it
for execution to any subordinate court of competent jurisdiction.
73
[(3) For the purposes of this section, a Court shall be deemed to
be a court of competent jurisdiction if, at the time of making the
application for the transfer of decree to it, such Court would have
jurisdiction to try the suit in which such decree was passed.]
74
[(4) Nothing in this section shall be deemed to authorise the Court
which passed a decree to execute such decree against any person or
property outside the local limits of its jurisdiction.]
STATE AMENDMENTS
Uttar Pradesh.—In its application to the State of Uttar Pradesh, in
Section 39 for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) For the purposes of this section, a Court shall be deemed to
be a Court of competent jurisdiction if the amount or value of the
subject-matter of the suit wherein the decree was passed does not
exceed the pecuniary limits, if any, of its ordinary jurisdiction at the
time of making the application for the transfer of decree to it,
notwithstanding that it had otherwise no jurisdiction to try the
suit.” [Vide U.P. Act 31 of 1978, S. 2, w.e.f. 1-8-1978.]
► Nature and scope.—Section 39 does not authorise the court to execute
the decree outside its jurisdiction, but it does not dilute the other provisions giving
such power on compliance with the conditions stipulated in those provisions,
Salem Advocate Bar Assn. (2) v. Union of India, (2005) 6 SCC 344.
► Territorial jurisdiction of court.—It is only the court in whose jurisdiction
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the property is situate that can execute the decree. Section 39(4) as inserted by
Act 22 of 2002 makes it clear that it is no longer a matter of discretion for the
court which passed the decree either to proceed with the execution of the decree
itself or to transfer it for execution to the court within whose jurisdiction the
property is situate, Mohit Bhargava v. Bharat Bhushan Bhargava, (2007) 4 SCC
795, 799—801.
40. Transfer of decree to Court in another State.—Where a decree is
sent for execution in another State, it shall be sent to such Court and
executed in such manner as may be prescribed by rules in force in that
State.
41. Result of execution proceedings to be certified.—The Court to
which a decree is sent for execution shall certify to the Court which
passed it the fact of such execution, or where the former Court fails to
execute the same the circumstances attending such failure.
75
42. Powers of Court in executing transferred decree.— [(1)] The
Court executing a decree sent to it shall have the same powers in
executing such decree as if it had been passed by itself. All persons
disobeying or obstructing the execution of the decree shall be
punishable by such Court in the same manner as if it had passed the
decree. And its order in executing such decree shall be subject to the
same rules in respect of appeal as if the decree had been passed by
itself.
76
[(2) Without prejudice to the generality of the provisions of sub-
section (1), the powers of the Court under that sub-section shall
include the following powers of the Court which passed the decree,
namely:—
(a) power to send the decree for execution to another Court under
Section 39;
(b) power to execute the decree against the legal representative
of the deceased judgment-debtor under Section 50;
(c) power to order attachment of a decree.
(3) A Court passing an order in exercise of the powers specified in
sub-section (2) shall send a copy thereof to the Court which passed the
decree.
(4) Nothing in this section shall be deemed to confer on the Court to
which a decree is sent for execution any of the following powers,
namely:—
(a) power to order execution at the instance of the transferee of
the decree;
(b) in the case of a decree passed against a firm, power 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
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sub-rule (1) of Rule 50 of Order XXI.]

STATE AMENDMENTS
Uttar Pradesh.—In its application to the State of Uttar Pradesh,
Section 42 shall stand substituted as under and shall be deemed to
have been substituted w.e.f. 2-12-1968:
“42. Power of Court in executing transferred decree.—(1) The
Court executing a decree sent to it shall have the same powers in
executing such decree as if it had been passed by itself. All persons
disobeying or obstructing the decree shall be punishable by such Court
in the same manner as if it had passed the decree, and its order in
executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself.
(2) Without prejudice to the generality of the provisions of sub-
section (1), the powers of the Court under that sub-section shall
include the following powers of the Court which passed the decree
namely:—
(a) power to send the decree for execution to another Court under
Section 39;
(b) power to execute the decree against the legal representative of
the deceased judgment-debtor under Section 50;
(c) power to order attachment of a decree;
(d) power to decide any question relating to the bar of limitation to
the executability of the decree;
(e) power to record payment or adjustment under Rule 2 of Order
XXI;
(f) power to order stay of execution under Rule 29 of Order XXI;
(g) in the case of a decree passed against a firm, power 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 sub-rule (1)
of Rule 50 of Order XXI.
(3) A Court passing an order in exercise of the powers specified in
sub-section (2) shall send a copy thereof to the Court which passed the
decree.
(4) Nothing in this section shall be deemed to confer on the Court to
which a decree is sent for execution, the power to order execution at
the instance of the transferee of a decree.” [VideU.P. Civil Laws
(Amend.) Act, 1970 (14 of 1970), S. 2 (8-4-1970)].
77
[43. Execution of decrees passed by Civil Courts in places to which
this Code does not extend.—Any decree passed by any Civil Court
established in any part of India to which the provisions of this Code do
not extend, or by any Court established or continued by the authority of
the Central Government outside India, may, if it cannot be executed
within the jurisdiction of the Court by which it was passed, be executed
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in the manner herein provided within the jurisdiction of any Court in

the territories to which this Code extends.]
78
[44. Execution of decrees passed by Revenue Courts in places to
which this Code does not extend.—The State Government may, by
notification in the Official Gazette, declare that the decrees of any
Revenue Court in any part of India to which the provisions of this Code
do not extend, or any class of such decrees, may be executed in the
State as if they had been passed by Courts in that State.]
79
[44-A. Execution of decrees passed by Courts in reciprocating
territory.—(1) Where a certified copy of a decree of any of the superior
80
courts of [* * *] any reciprocating territory has been filed in a District
81
Court, the decree may be executed in [India] as if it had been passed
by the District Court.
(2) Together with the certified copy of the decree shall be filed a
certificate from such superior court stating the extent, if any, to which
the decree has been satisfied or adjusted and such certificate shall, for
the purposes of proceedings under this section, be conclusive proof of
the extent of such satisfaction or adjustment.
(3) The provisions of Section 47 shall as from the filing of the
certified copy of the decree apply to the proceedings of a District Court
executing a decree under this section, and the District Court shall
refuse execution of any such decree, if it is shown to the satisfaction of
the court that the decree falls within any of the exceptions specified in
clauses (a) to (f) of Section 13.
82
[Explanation 1.—“Reciprocating territory” means any country or
territory outside India which the Central Government may, by
notification in the Official Gazette, declare to be a reciprocating territory
for the purposes of this section; and “superior courts”, with reference to
any such territory, means such Courts as may be specified in the said
notification.
Explanation 2.—“Decree” with reference to a superior court means
any decree or Judgment of such Court under which a sum of money is
payable, not being a sum payable in respect of taxes or other charges
of a like nature or in respect of a fine or other penalty, but shall in no
case include an arbitration award, even if such an award is enforceable
as a decree or Judgment.]]
► Foreign decree and judgments.—Decree and judgment granted by
foreign court can be said to be on merits only if such court has considered the
case on merits by looking into the evidence led by plaintiff and documents proved
before it, as per its rules, International Woollen Mills v. Standard Wool (U.K.)
Ltd., (2001) 5 SCC 265.
► Enforcement of Foreign judgments.—Section 44-A has been inserted to
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give effect to the policy contained in Foreign Judgments (Reciprocal

Enforcement) Act, 1933 by conferring an independent right on a foreign decree-
holder who obtained a decree from a court in reciprocating territory for
enforcement of said decree/order in India. For the purpose of Section 44-A,
England is a reciprocating territory, Alcon Electronics (P) Ltd. v. Celem S.A. of
France, (2017) 2 SCC 253.
► Limitation for execution of foreign court decree in India.—Section 44-A
does not indicate period of limitation for execution. Limitation period would be that
prescribed in foreign court decree. Failure to execute within that period would
result in loss of right to execute but if decree-holder takes steps-in-aid to execute
decree in foreign country concerned and decree is not fully satisfied, then he can
file petition in India within 3 years as prescribed under Article 137 of the Limitation
Act, 1963. Limitation would then start running from date of passing decree by
foreign court, Bank of Baroda v. Kotak Mahindra Bank Ltd., (2020) 17 SCC 798.
83
[45. Execution of decrees outside India.—So much of the foregoing
sections of this Part as empowers a Court to send a decree for execution
to another Court shall be construed as empowering a Court in any State
84
to send a decree for execution to any Court established [* * *] by the
85
authority of the Central Government [outside India] to which the 86
[State] Government has by notification in the Official Gazette declared
this section to apply.]
STATE AMENDMENTS
SECTION 45-A
Pondicherry (Union Territory).—In its application to Union
Territory of Pondicherry after Section 45, insert the following:
“45-A. Execution of decrees, etc., passed or made before the
commencement of the Code in Pondicherry.—Any judgment, decree
or order passed or made before the commencement of this Code by
any Civil Court in the Union Territory of Pondicherry, shall, for the
purpose of execution, be deemed to have been passed or made
under this Code:
Provided that nothing contained in this section shall be construed
as extending the period of limitation to which any proceeding in
respect of such judgment, decree or order may be subject.” [Vide
Act 26 of 1968, Section 3(i) and Schedule, Part II (w.e.f. 5-9-
1968)].
46. Precepts.—(1) Upon the application of the decree-holder the
Court which passed the decree may, whenever it thinks fit, issue a
precept to any other Court which would be competent to execute such
decree to attach any property belonging to the judgment-debtor and
specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the
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property in the manner prescribed in regard to the attachment of

property in execution of a decree:
Provided that no attachment under a precept shall continue for more
than two months unless the period of attachment is extended by an
order of the Court which passed the decree or unless before the
determination of such attachment the decree has been transferred to
the Court by which the attachment has been made and the decree-
holder has applied for an order for the sale of such property.
Questions to be determined by Court executing Decree
47. Questions to be determined by the Court executing decree.—(1)
All questions arising between the parties to the suit in which the decree
was passed, or their representatives, and relating to the execution,
discharge or satisfaction of the decree, shall be determined by the
Court executing the decree and not by a separate suit.
87
(2) [* * *]
(3) Where a question arises as to whether any person is or is not the
representative of a party, such question shall, for the purposes of this
section, be determined by the Court.
88
[Explanation I.—For the purposes of this section, a plaintiff whose
suit has been dismissed and a defendant against whom a suit has been
dismissed, are parties to the suit.]
89
[Explanation II.—(a) For the purposes of this section, a purchaser
of property at a sale in execution of a decree shall be deemed to be a
party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such
property to such purchaser or his representative shall be deemed to be
questions relating to the execution, discharge or satisfaction of the
decree within the meaning of this section.]
STATE AMENDMENTS
Uttar Pradesh.—In its application to the State of Uttar Pradesh, in
Section 47, Explanation II inserted by the U.P. Civil Laws (Reforms and
Amendment) Act, 1954 (U.P. Act 24 of 1954), shall be omitted.—U.P.
Act 57 of 1976, S. 3 (1-1-1977).
► Maintainability of application.—An application under Section 47 can be
made at any stage after grant of decree subject to the question of limitation,
Sushila Devi v. Ram Veer Singh, (2009) 16 SCC 244.
► Execution of decree.—In execution proceedings, court may not be
bothered with whether disobedience is wilful or not and court is bound to execute
decree irrespective of consequences, Kanwar Singh Saini v. High Court of Delhi,
(2012) 4 SCC 307 : (2012) 2 SCC (Cri) 423 : (2012) 2 SCC (Civ) 497.
The executing court cannot go behind the decree of a court of competent
jurisdiction except in the decrees void ab initio without jurisdiction, Darshan Singh
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v. State of Punjab, (2007) 14 SCC 262.

► Objections.—Where decree directs delivery only of symbolic possession
by persons in possession, other than the judgment-debtor, such persons are
within their rights to object to execution proceedings if attempts are made to
physically dispossess them or other persons put into possession by them, Ratan
Lal Jain v. Uma Shankar Vyas, (2002) 2 SCC 656.
► Question of collusion.—Whether a decree has been obtained by
collusion, such question did not and could not have arisen before the executing
court, Mohd. Masthan v. Society of Congregation of the Bros. of the Sacred
Heart, (2006) 9 SCC 344; see also Kumar Dhirendra Mullick v. Tivoli Park
Apartments (P) Ltd., (2005) 9 SCC 262.
► Powers of executing court.—Powers available under Section 47CPC are
quite different and much narrower than those available in appea1/revision or
review. Executing court can neither travel behind decree nor sit in appeal over the
same or pass any order jeopardising rights of parties thereunder, Brakewel
Automotive Components (India) (P) Ltd. v. P.R. Selvam Alagappan, (2017) 5
SCC 371.
Executing court cannot travel beyond scope of decree/order. Any order
passed by executing court by travelling beyond decree/order under execution
would render such orders as without jurisdiction, S. Bhaskaran v. Sebastian,
(2019) 9 SCC 161, See also Rajasthan Udyog v. Hindustan Engineering &
Industries Ltd., (2020) 6 SCC 660.
► Power of executing court to award interest.—Executing court does not
have power to award interest if not mentioned in decree, State of Punjab v.
Harvinder Singh, (2008) 3 SCC 394.
► Consent decree.—A consent decree has been held to be a contract with
the imprimatur of the court superadded. It is something more than a mere contract
and has the elements of both a command and a contract, Manish Mohan Sharma
v. Ram Bahadur Thakur Ltd., (2006) 4 SCC 416.
► Objection to executability of decree.—Objection that decree is void or
voidable can be raised under Section 47, State of Orissa v. Ashok Transport
Agency, (2002) 9 SCC 28.
► Applicability of constructive res judicata.—The principles of constructive
res judicata will be applicable even in execution proceedings, Lagan Jute
Machineries Co. Ltd. v. Candlewood Holdings Ltd., (2007) 8 SCC 487.
► Limitation.—There is no limitation period prescribed for filing objection
under Section 47, Arun Lal v. Union of India, (2010) 14 SCC 384 : (2012) 1 SCC
(Civ) 612.
► Objection to territorial jurisdiction of court.—Executing court has no
jurisdiction to entertain objection raised before executing court under Section 47
as to validity of decree sought to be executed on ground of lack of territorial
jurisdiction of court which passed decree, Sneh Lata Goel v. Pushplata, (2019) 3
SCC 594.
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Limit of Time for Execution

48. Execution barred in certain cases.—90[* * *]
Transferees and Legal Representatives
49. Transferee.—Every transferee of a decree shall hold the same
subject to the equities (if any) which the judgment-debtor might have
enforced against the original decree-holder.
50. Legal representative.—(1) Where a judgment-debtor dies before
the decree has been fully satisfied, the holder of the decree may apply
to the Court which passed it to execute the same against the legal
representative of the deceased.
(2) Where the decree is executed against such legal representative,
he shall be liable only to the extent of the property of the deceased
which has come to his hands and has not been duly disposed of; and,
for the purpose of ascertaining such liability, the Court executing the
decree may, of its own motion or on the application of the decree-
holder, compel such legal representative to produce such accounts as it
thinks fit.
► Execution proceedings against legal representatives.—Section 50 is
not confined to a particular kind of decree. Decree for injunction can also be
executed against legal representatives of the deceased judgment-debtor,
Prabhakara Adiga v. Gowri, (2017) 4 SCC 97.
Procedure in Execution
51. Powers of Court to enforce execution.—Subject to such
conditions and limitations as may be prescribed, the Court may, on the
application of the decree-holder, order execution of the decree—
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by sale without attachment of any
property;
91
(c) by arrest and detention in prison [for such period not
exceeding the period specified in Section 58, where arrest and
detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may
require:
92
[Provided that, where the decree is for the payment of money,
execution by detention in prison shall not be ordered unless, after
giving the judgment-debtor an opportunity of showing cause why he
should not be committed to prison, the Court, for reasons recorded in
writing, is satisfied—
(a) that the judgment-debtor, with the object or effect of
obstructing or delaying the execution of the decree,—
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(i) is likely to abscond or leave the local limits of the

jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was
passed, dishonestly transferred, concealed, or removed any
part of his property, or committed any other act of bad faith
in relation to his property, or
(b) that the judgment-debtor has, or has had since the date of
the decree, the means to pay the amount of the decree or
some substantial part thereof and refuses or neglects or has
refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor
was bound in a fiduciary capacity to account.
Explanation.—In the calculation of the means of the judgment-
debtor for the purposes of clause (b), there shall be left out of account
any property which, by or under any law or custom having the force of
law for the time being in force, is exempt from attachment in execution
of the decree.]
STATE AMENDMENTS
Uttar Pradesh.—In its application to the State of Uttar Pradesh, in
Section 51, after clause (b), the following shall be added as a new
clause (bb):
“(bb) by transfer other than sale, by attachment or without
attachment of any property.” [Vide U.P. Act 24 of 1954, Section 2
and Schedule, Item 5, Entry 4 (w.e.f. 30-11-1954)].
High Court Amendment
CALCUTTA.—In clause (b) omit the words “or by sale without
attachment” between the words “sale” and “of any”.
In the proviso omit the words “for reasons recorded in writing” after
the words “the Court” and before the words “is satisfied”.
Add the proviso—
“Provided also that the Court of Small Causes of Calcutta shall
have no power to order execution of a decree by attachment and sale
of immovable property or by appointing a receiver in respect of such
property.” Cal. Gaz. Pt. I, 20-4-1967.
► Nature and scope.—Section 51 of the Code gives an option to the
creditor, of enforcing the decree either against the person or the property of the
debtor; and nowhere it has been laid down that execution against the person of the
debtor shall not be allowed unless and until the decree-holder has exhausted his
remedy against the property. By virtue of Order 21 Rule 30CPC also simultaneous
execution both against the property and person of the judgment-debtor is allowed.
But still the discretion in the Court to order simultaneous execution must be
exercised in a judicious manner. (see Order 21, Rule 21), Shyam Singh v.
Collector, Distt. Hamirpur, 1993 Supp (1) SCC 693.
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► By attachment and sale of property.—Amendment of attachment order to

limit attachment period to “six months” made in suit register by office note after 20
years without notice to judgment creditor, allegedly on basis of some private
clarification by the then Presiding Officer of courtis unauthorised and liable to be
ignored, C.S. Mani v. B. Chinnasamy Naidu, (2010) 9 SCC 513 : (2010) 3 SCC
(Civ) 869.
► Arrest and detention to enforce compliance.—Satisfaction of any one of
the preconditions is enough to order arrest and detention to enforce compliance
with court order imposing financial liability, Subrata Roy Sahara v. Union of India,
(2014) 8 SCC 470 : (2014) 3 SCC (Cri) 712.
52. Enforcement of decree against legal representative.—(1) Where a
decree is passed against a party as the legal representative of a
deceased person, and the decree is for the payment of money out of
the property of the deceased, it may be executed by the attachment
and sale of any such property.
(2) Where no such property remains in the possession of the
judgment-debtor and he fails to satisfy the Court that he has duly
applied such property of the deceased as is proved to have come into
his possession, the decree may be executed against the judgment-
debtor to the extent of the property in respect of which he has failed so
to satisfy the Court in the same manner as if the decree had been
against him personally.
53. Liability of ancestral property.—For the purposes of Section 50
and Section 52, property in the hands of a son or other descendant
which is liable under Hindu law for the payment of the debt of a
deceased ancestor, in respect of which a decree has been passed, shall
be deemed to be property of the deceased which has come to the
hands of the son or other descendant as his legal representative.
54. Partition of estate or separation of share.—Where the decree is
for the partition of an undivided estate assessed to the payment of
revenue to the Government, 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 made by the Collector or any gazetted subordinate of the
Collector deputed by him in this behalf, in accordance with the law (if
any) for the time being in force relating to the partition, or the separate
possession of shares, of such estates.
STATE AMENDMENTS
Karnataka.—In its application to the State of Karnataka, for Section
54, substitute the following:
“54. Partition of estate or separation of share.—Where the decree
is for the partition of an undivided estate assessed to the payment of
revenue to the Government or for the separate possession of a share
of such an estate, the partition of the estate or the separation of the
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share of such an estate shall be made by the Court in accordance

with the law if any, for the time being in force relating to the
partition or the separate possession of shares and if necessary on the
report of a revenue officer, not below the rank of Tahsildar or such
other person as the Court may appoint as Commissioner in that
behalf.” [Vide Karnataka Act 36 of 1998, S. 2 (w.e.f. 1-2-2001).]
► Nature and scope.—Proceedings under this section are not execution
proceedings. The said provision must be read in the context of Order 26, Rule
13CPC and/or Section 51, Order 21, Rule 11 thereof, Bikoba Deora Gaikwad v.
Hirabai Marutirao Ghorgare, (2008) 8 SCC 198.
► Nature of partition.—Partition is really a process by which joint enjoyment
of the property is transformed into an enjoyment severally. Each co-sharer has an
antecedent title and therefore there is no conferment of a new title, Vasantiben
Prahladji Nayak v. Somnath Muljibhai Nayak, (2004) 3 SCC 376.
► Preliminary decree in suit for partition.—Preliminary decree for partition
crystallises rights of parties seeking partition to the extent declared and equities
remain to be worked out in final decree proceedings. Till final decree is passed,
no question of limitation arises against right to claim partition as per preliminary
decree, Venu v. Ponnusamy Reddiar, (2018) 15 SCC 254.
Arrest and Detention
55. Arrest and detention.—(1) A judgment-debtor may 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 may be
in the civil prison of the district in which the Court ordering the
detention is situate, or, where such civil prison does not afford suitable
accommodation, in any other place which the State Government may
appoint for the detention of persons ordered by the Courts of such
district to be detained:
Provided, firstly, that, for the purpose of making an arrest under this
section, no dwelling-house shall be entered after sunset and before
sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be
broken open unless such dwelling-house is in the occupancy of the
judgment-debtor and he refuses or in any way prevents access thereto,
but when the officer authorised to make the arrest has duly gained
access to any dwelling-house, he may break open the door of any room
in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly, that, if the room is in the actual occupancy of a
woman who is not the judgment-debtor and who according to the
customs of the country does not appear in public, the officer authorised
to make the arrest shall give notice to her that she is at liberty to
withdraw, and, after allowing a reasonable time for her to withdraw and
giving her reasonable facility for withdrawing, may enter the room for
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the purpose of making the arrest:

Provided, fourthly, that, where the decree in execution of which a
judgment-debtor is arrested, is a decree for the payment of money and
the judgment-debtor pays the amount of the decree and the costs of
the arrest to the officer arresting him, such officer shall at once release
him.
(2) The State Government may, by notification in the Official
Gazette, declare that any person or class of persons whose arrest might
be attended with danger or inconvenience to the public shall not be
liable to arrest in execution of a decree otherwise than in accordance
with such procedure as may be prescribed by the State Government in
this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for
the payment of money and brought before the Court, the Court shall
inform him that he may apply to be declared an insolvent, and that he
93
[may be discharged] if he has not committed any act of bad faith
regarding the subject of the application and if he complies with the
provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be
declared an insolvent and furnishes security, to the satisfaction of the
Court, that he will within one month so apply, and that he will appear,
when called upon, in any proceeding upon the application or upon the
decree in execution of which he was arrested, the Court 94[may release]
him from arrest, and, if he fails so to apply and to appear, the Court
may either direct the security to be realised or commit him to the civil
prison in execution of the decree.
High Court Amendment
CALCUTTA.—In clause (1) insert the words “Calcutta or” after the
words “Civil prison of” and before the words “the district in which”; and
omit clauses (3) and (4), Cal. Gaz. Pt. I, dt. 20-4-1967.
► Exemption from arrest.—Warrants of arrest could not be issued against
judgment-debtor in execution proceedings in land acquisition matter, State of
Bihar v. Gauri Shankar Mishra, (2005) 11 SCC 500.
► Duty of court to inform judgment debtor to apply to be declared
insolvent.—When a judgment-debtor is arrested in execution of a decree for the
payment of money and brought before the court, the court shall inform him that he
may apply to be declared an insolvent, and that he may be discharged if he has
not committed any act of bad faith regarding the subject of the application and if
he complies with the provisions of the law of insolvency for the time being in force,
and if he expresses his intention to apply to be declared as insolvent, he is
required to furnish security. The above situation arises only after arrest of the
judgment debtor but not before that, P. Bhaskar Rao v. K. Sreenivasa Rao, 2012
SCC OnLine AP 331 : AIR 2013 AP 4 (6).
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56. Prohibition of arrest or detention of women in execution of decree

for money.—Notwithstanding anything in this Part, the Court shall not
order the arrest or detention in the civil prison of a woman in execution
of a decree for the payment of money.
57. Subsistence allowance.—The State Government may fix scales,
graduated according to rank, race and nationality, of monthly
allowances payable for the subsistence of judgment-debtors.
High Court Amendment
CALCUTTA.—Substitute the words “The High Court may, subject to the
approval of the State Government” for “The State Government may”.
Omit the word “monthly” between the words “of and allowances”. Cal.
Gaz. Pt. I, dt. 20-4-1967.
58. Detention and release.—(1) Every person detained in the civil
prison in execution of a decree shall be so detained,—
(a) where the decree is for the payment of a sum of money
exceeding 95[96[five thousand rupees], for a period not
exceeding three months, and,]
97
[(b) where the decree is for the payment of a sum of money
exceeding two thousand rupees, but not exceeding five
thousand rupees, for a period not exceeding six weeks:]
Provided that he shall be released from such detention before the
98
expiration of the [said period of detention]—
(i) on the amount mentioned in the warrant for his detention
being paid to the officer in charge of the civil prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has
been so detained, or
(iv) on the omission by the person, on whose application he has
been so detained, to pay subsistence allowance:
Provided, also, that he shall not be released from such detention
under clause (ii) or clause (iii), without the order of the Court.
99
[(1-A) For the removal of doubts, it is hereby declared that no
order for detention of the judgment-debtor in civil prison in execution
of a decree for the payment of money shall be made, where the total
100
amount of the decree does not exceed [two thousand rupees].]
(2) A judgment-debtor released from detention under this section
shall not merely by reason of his release be discharged from his debt,
but he shall not be liable to be re-arrested under the decree in
execution of which he was detained in the civil prison.
High Court Amendment
CALCUTTA.—In sub-rule (1)—for the words “(a) where the decree is
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for the payment of a sum of money exceeding fifty rupees, for a period
of six months and, (b) in any other case for a period of six weeks;”
substitute “for a period not exceeding six months”.
In the first proviso for the words “said period of six month or six
weeks, as the case may be” substitute “period fixed by the Court”. Cal.
Gaz. Pt. I, dt. 20-4-1967.
59. Release on ground of illness.—(1) At any time after a warrant for
the arrest of a judgment-debtor has been issued the Court may cancel
it on the ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may
release him if, in its opinion, he is not in a fit state of health to be
detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil
prison, he may be released therefrom—
(a) by the State Government, on the ground of the existence of
any infectious or contagious disease, or
(b) by the committing Court, or any Court to which that Court is
subordinate, on the ground of his suffering from any serious
illness.
(4) A judgment-debtor released under this section may be
rearrested, but the period of his detention in the civil prison shall not in
the aggregate exceed that prescribed by Section 58.
Attachment
60. Property liable to attachment and sale in execution of decree.—
(1) The following property is liable to attachment and sale in execution
of a decree, namely, lands, houses or other buildings, goods, money,
bank-notes, cheques, bills of exchange, hundis, promissory notes,
Government securities, bonds or other securities for money, debts,
shares in a corporation and save as hereinafter mentioned, all other
saleable property, movable or immovable, belonging to the judgment-
debtor, or over which, or the profits of which, he has a disposing power
which he may exercise for his own benefit, whether the same be held in
the name of the judgment-debtor or by another person in trust for him
or on his behalf:
Provided that the following particulars shall not be liable to such
attachment or sale, namely:—
(a) the necessary wearing-apparel, cooking vessels, beds and
bedding of the judgment-debtor, his wife and children, and
such personal ornaments as, in accordance with religious
usage, cannot be parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an
agriculturist, his implements of husbandry and such cattle and
seed-grain as may, in the opinion of the Court, be necessary to
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enable him to earn his livelihood as such, and such portion of

agricultural produce or of any class of agricultural produce as
may have been declared to be free from liability under the
provisions of the next following section;
(c) houses and other buildings (with the materials and the sites
thereof and the land immediately appurtenant thereto and
necessary for their enjoyment) belonging to 101[an agriculturist
or a labourer or a domestic servant] and occupied by him;
(d) books of account;
(e) a mere right to sue for damages;
(f) any right of personal service;
(g) stipends and gratuities allowed to pensioners of the
102
Government [or of a local authority or of any other
employer], or payable out of any service family pension fund
notified in the Official Gazette by 103[the Central Government
or the State Government] in this behalf, and political pensions;
104
[(h) the wages of labourers and domestic servants, whether
105
payable in money or in kind; [* * *];
106 107 108 109
[(i) salary to the extent of [the first [ [one thousand]
110
rupees and two-thirds of the remainder]] [in execution of
any decree other than a decree for maintenance]:
111
[Provided that where any part of such portion of the salary
as is liable to attachment has been under attachment, whether
continuously or intermittently, for a total period of twenty-four
months, such portion shall be exempt from attachment until
the expiry of a further period of twelve months, and, where
such attachment has been made in execution of one and the
same decree, shall, after the attachment has continued for a
total period of twenty-four months, be finally exempt from
attachment in execution of that decree;]
112
[(ia) one-third of the salary in execution of any decree for
maintenance];
113
[(j) the pay and allowances of persons to whom the Air Force
Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or
the Navy Act, 1957 (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from any
114
fund to which the Provident Funds Act, [1925] (19 of 1925),
for the time being applies in so far as they are declared by the
said Act not to be liable to attachment;
115
[(ka) all deposits and other sums in or derived from any fund
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to which the Public Provident Fund Act, 1968 (23 of 1968), for
the time being applies, in so far as they are declared by the
said Act as not to be liable to attachment;
(kb) all moneys payable under a policy of insurance on the life of
the judgment-debtor;
(kc) the interest of a lessee of a residential building to which the
provisions of law for the time being in force relating to control
of rents and accommodation apply;]
116 117
[(l) any allowance forming part of the emoluments of any
[servant of the Government] or of any servant of a railway
company or local authority which the 118[appropriate
Government] may by notification in the Official Gazette declare
to be exempt from attachment, and any subsistence grant or
119
allowance made to [any such servant] while under
suspension;]
(m) an expectancy of succession by survivorship or other merely
contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by 120[any Indian law] to be exempt
from liability to attachment or sale in execution of a decree;
and
(p) where the judgment-debtor is a person liable for the payment
of land-revenue, any movable property which, under any law
for the time being applicable to him, is exempt from sale for
the recovery of an arrear of such revenue.
121
[Explanation I.—The moneys payable in relation to the matters
mentioned in clauses (g), (h), (i), (ia), (j), (l) and (o) are exempt from
attachment or sale, whether before or after they are actually payable,
and, in the case of salary, the attachable portion thereof is liable to
attachment, whether before or after it is actually payable.]
122 123
[ [Explanation II.—In clauses (i) and (ia)], “salary” means the
total monthly emoluments, excluding any allowance declared exempt
from attachment under the provisions of clause (l), derived by a person
from his employment whether on duty or on leave.]
124 125
[Explanation [III].—In clause (I) “appropriate Government”
means—
126
(i) as respects any [person] in the service of the Central
127
Government, or any servant of [a Railway Administration] or
of a cantonment authority or of the port authority of a major
port, the Central Government;
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128
(ii) [* * *]
129
(iii) as respects any other [servant of the Government] or a
130
servant of any other [* * *] local authority, the State
Government.]
131
[Explanation IV.—For the purposes of this proviso, “wages”
includes bonus, and “labourer” includes a skilled, unskilled or semi-
skilled labourer.
Explanation V.—For the purposes of this proviso, the expression
“agriculturist” means a person who cultivates land personally and who
depends for his livelihood mainly on the income from agricultural land,
whether as owner, tenant, partner or agricultural labourer.
Explanation VI.—For the purposes of Explanation V, an agriculturist
shall be deemed to cultivate land personally, if he cultivates land—
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in cash or in kind
(not being as a share of the produce), or both.]
132
[(1-A) Notwithstanding anything contained in any other law for
the time being in force, an agreement by which a person agrees to
waive the benefit of any exemption under this section shall be void.]
133
(2) Nothing in this section shall be deemed [* * *] to exempt
houses and other buildings (with the materials and the sites thereof
and the lands immediately appurtenant thereto and necessary for their
enjoyment) from attachment or sale in execution of decrees for rent of
134
any such house, building, site or land. [* * *]
135
[* * *]
STATE AMENDMENTS
Andhra Pradesh.—(1) In its application to the Andhra area of the
State of Andhra Pradesh in clause (g) of the proviso to sub-section (1)
of Section 60, the words “or of a local authority” shall be inserted, after
the words “stipends and gratuities allowed to the pensioners of the
Government” [Vide Code of Civil Procedure (Andhra Pradesh) (Andhra
Area) Amendment Act (XXXIV of 1950). (w.e.f. 2-1-1951)].
Note.—The title of Madras Amendment Act (XXXIV of 1950) has
been thus amended by the Andhra Pradesh Act (IX of 1961).
(2) In its application to the whole of the State of Andhra Pradesh, in
the proviso to sub-section (1) of Section 60,—
A.(i) after clause (k) the following clause shall be inserted, namely:
“(kk) amounts payable under policies issued in pursuance of the Rules
for the Andhra Pradesh Government Life Insurance Department.”
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(ii) after Explanation 2, the following Explanation shall be inserted,

namely:
“Explanation 2-A.—Where any sum payable to a Government servant is
exempt from attachment, under the provisions of clause (kk), such sum
shall remain exempt from attachment notwithstanding the fact that
owing to the death of the Government servant it is payable to some
other person”—Code of Civil Procedure (Andhra Pradesh) (Telangana
Area) Amendment Act (XI of 1953) (9-6-1953) originally the Code of
Civil Procedure (Hyderabad Amendment) Act (XI of 1953). This Act has
been amended and extended to the entire State of Andhra Pradesh by
the Code of Civil Procedure (Andhra Pradesh Unification and
Amendment) Act (X of 1962). (7-4-1962).
B.(i) after clause (kk), the following clause shall be inserted,
namely:—
“(kkk) amounts payable under the Andhra Pradesh State Employees'
Family Benefit Fund Rules”,
(ii) in Explanation 2-A, for the expression “clause (kk)”, the
expression “clauses (kk) and (kkk)” shall be substituted. [Vide
A.P. Act 24 of 1979, S. 2. (w.e.f. 5-9-1979)].
(3) In its application to the Telengana area of the State of Andhra
Pradesh, in the proviso to sub-section (i) of Section 60—
(i) after clause (g) the following clause shall be inserted, namely:
“(gg) pension granted or continued by the Central Government, the
Government of Pre-reorganisation Hyderabad State or any other State
Government on account of past services or present infirmities or as a
compassionate allowance, and”;
(ii) in Explanation 2-A, for the word, brackets and letter “clause
(kk)” the words, brackets and letters “clause (gg) or clause (kk)”
shall be substituted. [Vide Andhra Pradesh Act (XVIII of 1953),
originally the Code of Civil Procedure (Hyderabad Second
Amendment) Act (XVIII of 1953)].
Calcutta.—Add the provisos after sub-section (1) “Provided that
nothing in this section shall be taken as conferring on the Court of
Small Causes of Calcutta, any jurisdiction to attach and sell immovable
property in execution of a decree”.
“Provided also that this section shall, so far as the Court mentioned
in the last preceding proviso is concerned, apply only to decrees
obtained in suits instituted after the 31st of May, 1937, and the law
applicable to suits instituted up to that date shall be the law which was
heretofore in inforce that Court”. [Vide Cal. Gaz. Pt. I, dt. 20-4-1967].
(Chandigarh) Union Territory.—In its application to Union
Territory of Chandigarh, amendments in the section are the same as in
Punjab. [VidePunjab Reorganisation Act, 1966 (31 of 1966), Section 88
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(1-11-1966)].
Delhi.—As in Punjab.
Gujarat.—In its application to the State of Gujarat, in sub-section
(1) of Section 60—
(a) after clause (g) of the proviso, the following new clause shall be
inserted, namely:
“(gg) stipends and gratuities allowed to pensioners of a local authority.”
(b) in Explanation 1, after the brackets and letter “(g)” the brackets
and letters “(gg)” shall be inserted [Vide Bombay Act 60 of 1948,
Section 2 (30-11-1948)].
Himachal Pradesh.—(1) In its application to the State of Himachal
Pradesh, in Section 60, sub-section (1)—
(i) at the end of clause (c) add the following words, namely:
“or compensation paid for such houses and buildings (including
compensation for the materials and the sites and the lands referred to
above) acquired for a public purpose;” and;
(ii) after clause (c) insert the following, namely:—
“(cc) compensation paid for agricultural lands belonging to
agriculturists and acquired for a public purpose;” [VideCode of Civil
Procedure (Himachal Pradesh Amendment) Act, 1956 (6 of 1956),
Section 2 (w.e.f. 17-5-1956)].
(2) Same as in Punjab except that:—
(a) in sub-section (4) the words “as defined in Punjab Alienation of
Land Act, 1900” omitted;
(b) sub-section (5) omitted;
(c) sub-section (6) renumbered as sub-section (5). [Vide H.P. Act 31
of 1978, S. 21 (1-4-1979)].
Karnataka.—In its application to the State of Karnataka except
Bellary district, in the proviso to sub-section (1) after clause (p) the
following clause shall be added, namely:
“(pp) where the judgment-debtor is a servant of the State
Government who has insured his life under the rules in force relating
to the official branch of the Mysore Government Life Insurance
Department,—
(1) in the case of insurance effected prior to the ninth day of May,
1911, the whole of the bonus payable or paid thereunder to such
servant, or in the event of his death to his nominee or other
person or persons entitled to such bonus under the said rules;
and
(2) in the case of insurance effected on or after the ninth day of May,
1911, and such insurance is compulsory, then the bonus in
respect of the compulsory premia payable or paid to such servant,
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or in the event of his death to his nominee or other person or

persons entitled to such bonus under the said rules”. [Vide Code
of Civil Procedure (Mysore Amendment) Act (XIV of 1952) (with
effect from 1-4-1951)].
Kerala.—(1) In its application to the State of Kerala, in clause (g) of
the proviso to sub-section (1), after the words “stipends and gratuities
allowed to pensioners of the Government”, insert the words “or of a
local authority”. [Vide Kerala Act 13 of 1957, Section 3 (1-10-1958)
(Repealed in Malabar Distt.)].
(2) After clause (g) insert the following:
“(gg) all moneys payable to the beneficiaries under the Family
Benefit Scheme for the employees of the Government of
Kerala;” [Vide Kerala Act 1 of 1988, S. 2 (5-1-1988)].
Maharashtra.—In its application to the State of Maharashtra, in
Section 60 of the principal Act, in sub-section (1), in the proviso—
(a) after clause (g), the following clause shall be inserted, namely:
“(gg) in the Hyderabad area of the State of Maharashtra, any pension
granted or continued by the Central Government or the Government of
the former State of Hyderabad or any other State Government, on
account of past services or present infirmities or as a compassionate
allowance, which is not covered by clause (g);”
(b) after clause (kb), the following clause shall be inserted, namely:
“(kbb) the amounts payable under the policies issued in pursuance of
the Rules for the Hyderabad State Life Insurance and Provident Fund,
which are not covered under clause (ka) or (kb).
Explanation.—Where any sum payable to a Government servant is
exempt from attachment under this clause or clause (gg) such sum
shall remain exempt from attachment, notwithstanding the fact that
owing to the death of the Government servant the sum is payable to
some other person;” [Vide Mah. Act 65 of 1977, Section 6 (19-12-
1977)].
Pondicherry (Union Territory).—In its application to Union
Territory of Pondicherry amendment in the section is the same as in
Tamil Nadu. [VidePondicherry (Extension of Laws) Act, 1968 (26 of
1968), Section 3(i) and Schedule, Part II (w.e.f. 5-9-1968)].
Punjab, Haryana and Chandigarh.—In its application to the State
of Punjab including the Pepsu area thereof as it was immediately before
the 1st November, 1956—
(a) In sub-section (1), in the proviso—
(i) in clause (c), for the words “occupied by him” the following
words shall be deemed to be substituted, viz.:
“not proved by the decree-holder to have been let out on rent or let to
persons other than his father, mother, wife, son, daughter, daughter-in
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-law, brother, sister or other dependants or left vacant for a period of a

year or more;”
(ii) after clause (c), the following clauses shall be deemed to be
inserted, viz.:
“(cc) milch animals, whether in milk or in calf, kids, animals used for
the purposes of transport or draught cart and open spaces or enclosures
belonging to an agriculturist and required for use in case of need for
tying cattle parking carts or stacking fodder or manure;
(ccc) one main residential house and other buildings attached to it
(with the material and the sites thereof and the land immediately
appurtenant thereto and necessary for their enjoyment) belonging to a
judgment-debtor other than an agriculturist and occupied by him:
Provided that the protection afforded by this clause shall not extend to
any property specifically charged with the debt sought to be recorded.”
(b) After sub-section (2), the following sub-section shall be deemed
to be inserted, viz.:
“(3) Notwithstanding any other law for the time being in force an
agreement by which a debtor agrees to waive any benefit of
any exemption under this section shall be void.
(4) For the purposes of this section the word ‘agriculturist’ shall
include every person whether as owner, tenant, partner or
agricultural labourer who depends for his livelihood mainly on
income from agricultural land as defined in the Punjab
Alienation of Land Act, 1900.
(5) Every member of a tribe notified as agricultural under the
Punjab Alienation of Land Act, 1900, and every member of a
scheduled caste shall be presumed to be an agriculturist until
the contrary is proved.
(6) No order for attachment shall be made unless the Court is
satisfied that the property sought to be attached is not exempt
from attachment or sale.” [Vide Punjab Relief of Indebtedness
Act, VII of 1934, Section 35 (as amended by Punjab Acts 12 of
1940 and 6 of 1942 (9-4-1934) and 44 of 1960) (30-12-
1960)].
Rajasthan.—In its application to the State of Rajasthan, in the
Proviso to sub-section (1) of Section 60—
(i) in clause (b), after the words “Agriculturist” the words “his milch
cattle and those likely to calve within two years” shall be inserted.
[Vide Rajasthan Act 19 of 1958 (18-4-1958)].
(ii) after clause (k) insert the following:
“(kk) moneys payable under Life Insurance Certificates issued in
pursuance of the Rajasthan Government Servants Insurance Rules,
1953”;
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(iii) after Explanation 3 insert the following Explanation:

“Explanation 4.—Where any money payable to a Government servant of
the State is exempt from attachment under the provision contained in
clause (kk), such money shall remain exempt from the attachment
notwithstanding the fact that owing to the death of a Government
servant it is payable to some other person.” [Vide Rajasthan Act 16 of
1957, Section 2 (6-6-1957)].
Tamil Nadu.—In its application to the State of Tamil Nadu including
the Kanyakumari district and the Shencottah taluk of the Tirunelveli
district, and the added territories the amendment made in Section 60 is
the same as that of Kerala [VideCode of Civil Procedure (Madras
Amendment) Act, 1950 (XXXIV of 1950), Section 2 (w.e.f. 2-1-1951)
and Madras Act XXII of 1957, Section 3 (18-12-1957) and Mad. (A.T.)
A.L.O., 1961 (w.e.f. 1-4-1960)].
Uttar Pradesh.—In its application to the State of Uttar Pradesh, add
the following Explanation (1-A) after Explanation 1 in Section 60, sub-
section (1):
“Explanation 1-A.—Particulars mentioned in clause (c) are exempt
from sale in execution of a decree whether passed before or after the
commencement of the Code of Civil Procedure (United Provinces)
(Amendment) Act, 1948, for enforcement of a mortgage or charge
thereon.” [VideCode of Civil Procedure (United Provinces)
(Amendment) Act, 1948 (U.P. Act 35 of 1948), Section 2 (28-8-
1948)].
The following allowances payable to any public officer in the service
of the U.P. Government shall be exempt from attachment by order of a
Court, namely:—
(i) All kinds of travelling allowances;
(ii) All kinds of conveyance allowances;
(iii) All allowances granted for meeting the cost of—
(a) uniform; and
(b) rations.
(iv) All allowances granted as compensation for higher cost of living
in localities considered by Government to be expensive localities
including hill stations;
(v) All house rent allowances;
U.P. Government (Judicial Department) Notification No. 2156 VII-362,
dt. 17-1-1941;
(vi) All allowances granted to provide relief against increased cost of
living.—U.P. Govt. (Judl) Deptt. Notification No. 2692/VII, dt. 15-
7-1949.
► Gratuity.—Amounts representing gratuity, the provident fund and other
compulsory deposits, which a Government servant is entitled to, are exempted
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from attachment until they are actually paid to the Government servant who is
entitled to on retirement or otherwise and the natures of the dues, Gudapati
Hanumaiajh v. Y. Lakshminarasamma, 2009 SCC OnLine AP 82 : AIR 2009 AP
129, 133.
► Stipends, gratuities and political pensions.—Retirement benefits cannot
be attached both when it is in hands of employer and also when it reaches hands
of employee as such attachment is exempted under Code, K. Murugesan v. E.
Ulaganathan, 2009 SCC OnLine Mad 676 : AIR 2009 Mad 169, 170.
61. Partial exemption of agricultural produce.—The State
136
Government [* * *] may, by general or special order published in
the Official Gazette, declare that such portion of agricultural produce, or
of any class of agricultural produce, as may appear to the State
Government to be necessary for the purpose of providing until the next
harvest for the due cultivation of the land and for the support of the
judgment-debtor and his family, shall, in the case of all agriculturists or
of any class of agriculturists, be exempted from liability to attachment
or sale in execution of a decree.
62. Seizure of property in dwelling-house.—(1) No person executing
any process under this Code directing or authorising seizure of movable
property shall enter any dwelling-house after sunset and before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless
such dwelling-house is in the occupancy of the judgment-debtor and he
refuses or in any way prevents access thereto, but when the person
executing any such process has duly gained access to any dwelling-
house, he may break open the door of any room in which he has reason
to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a
woman who, according to the customs of the country, does not appear
in public, the person executing the process shall give notice to such
woman that she is at liberty to withdraw; and, after allowing reasonable
time for her to withdraw and giving her reasonable facility for
withdrawing, he may enter such room for the purpose of seizing the
property, using at the same time every precaution, consistent with
these provisions, to prevent its clandestine removal.
High Court Amendment
CALCUTTA.—In sub-rule (2) omit the words “unless such dwelling
house is in the occupancy of the judgment-debtor and he refuses or in
any way prevents access thereto”, after the words “be broken open”
and before the words “but when the person”.
Add the proviso after sub-rule (2)—
“Provided that the Court may, after service of such notice as it
thinks proper, direct the breaking open of an outer door of a dwelling
-house in possession of the judgment-debtor who prevents access
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thereto”. Cal. Gaz. Pt. I, dt. 20-4-1967.

63. Property attached in execution of decrees of several Courts.—(1)
Where property not in the custody of any Court is under attachment in
execution of decrees of more Courts than one, the Court which shall
receive or realise such property and shall determine any claim thereto
and any objection to the attachment thereof shall be the Court of
highest grade, or, where there is no difference in grade between such
Courts, the Court under whose decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any
proceeding taken by a Court executing one of such decrees.
137
[Explanation.—For the purposes of sub-section (2), “proceeding
taken by a Court” does not include an order allowing, to a decree-holder
who has purchased property at a sale held in execution of a decree, set
off to the extent of the purchase price payable by him.]
High Court Amendment
CALCUTTA.—Add as sub-section (3)—
(3) “For the purposes of this section the Court of Small Causes of
Calcutta shall be deemed to be of the same grade as a district Court”.
Cal. Gaz. Pt. I, dt. 20-4-1967.
138
64. Private alienation of property after attachment to be void.—
[(1)] Where an attachment has been made, any private transfer or
delivery of the property attached or of any interest therein and any
payment to the judgment-debtor of any debt, dividend or other monies
contrary to such attachment, shall be void as against all claims
enforceable under the attachment.
139
[(2) Nothing in this section shall apply to any private transfer or
delivery of the property attached or of any interest therein, made in
pursuance of any contract for such transfer or delivery entered into and
registered before the attachment.]
Explanation.—For the purposes of this section, claims enforceable
under an attachment include claims for the rateable distribution of
assets.
► Incidental proceeding and a supplemental proceeding.—The distinction
between an incidental proceeding and a supplemental proceeding is evident.
Incidental power is to be exercised in aid to the final proceedings. A supplemental
proceeding is initiated with a view to prevent the ends of justice from being
defeated, G.L. Vijain v. K. Shankar, (2006) 13 SCC 136.
► Restitution.—Bona fide purchaser's right not to be affected by restitution
proceedings distinguished in situations where: (1) the court is considering an
interim order on the stay on such sale during pendency of main issues, and (2)
sale consideration has been partly paid and delivery has not been taken by the
third party purchaser, Woods Beach Hotels Ltd. v. Mapusa Urban Coop. Bank of
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Goa Ltd., (2009) 13 SCC 748.

► Private transfer.—Private alienation of property after attachment is not
permissible, Arvind Kumar v. Uma Shanker, 2009 SCC OnLine All 412 : AIR 2009
(NOC) 2741 (All); (2009) 5 All LJ 358.
Sale
65. Purchaser's title.—Where immovable property is sold in
execution of a decree and such sale has become absolute, the property
shall be deemed to have vested in the purchaser from the time when
the property is sold and not from the time when the sale becomes
absolute.
66. Suit against purchaser not maintainable on ground of purchase
being on behalf of plaintiff.—140[* * *]
NOTES ► The Statement of Objects and Reasons to the Benami
Transactions (Prohibition) Act, 1988 provides:
“To implement the recommendations of the Fifty-seventh Report
of the Law Commission on Benami Transactions, the President
promulgated the Benami Transactions (Prohibition of the Right to
Recover Property) Ordinance, 1988, on the 19th May, 1988.
2. The Ordinance provided that no suit, claim or action to enforce
any right in respect of any property held benami shall lie and no
defence based on any right in respect of any property held benami shall
be allowed to any suit, claim or action. It, however, made two
exceptions regarding property held by a coparcener in a Hindu
undivided family for the benefit of the coparceners and property held by
a trustee or other person standing in a fiduciary capacity for the benefit
of another person. It also repealed Section 82 of the Indian Trusts Act,
1882, Section 66 of the Code of Civil Procedure and Section 281-A of
the Income Tax Act, 1961.
* * *”
67. Power for State Government to make rules as to sales of land in
execution of decrees for payment of money.—141[(1)] The State
142
Government [* * *] may, by notification in the Official Gazette,
make rules for any local area imposing conditions in respect of the sale
of any class of interests in land in execution of decrees for the payment
of money, where such interests are so uncertain or undetermined as, in
the opinion of the State Government, to make it impossible to fix their
value.
143
[(2) When on the date on which this Code came into operation in
any local area, any special rules as to sale of land in execution of
decrees were in force therein, the 144[State] Government may, by
notification in the Official Gazette, declare such rules to be in force, or
145
may [* * *] by a like notification, modify the same.
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Every notification issued in the exercise of the powers conferred by

this sub-section shall set out the rules so continued or modified.]
146
[(3) Every rule made under this section shall be laid, as soon as
may be after it is made, before the State Legislature.]
Delegation to Collector of Power to execute Decrees against Immovable
Property
68. Power to prescribe rules for transferring to Collector execution of
147
certain decrees.— [* * *]
148
69. Provisions of Third Schedule to apply.— [* * *]
149
70. Rule of procedure.— [* * *]
71. Collector deemed to be acting judicially.—150[* * *]
72. Where Court may authorize Collector to stay public sale of land.
151
— [* * *]
Distribution of Assets
73. Proceeds of execution-sale to be rateably distributed among
decree-holders.—(1) Where assets are held by a Court and more
persons than one have, before the receipt of such assets, made
application to the Court for the execution of decrees for the payment of
money passed against the same judgment-debtor and have not
obtained satisfaction thereof, the assets, after deducting the costs of
realisation, shall be rateably distributed among all such persons:
Provided as follows:—
(a) where any property is sold subject to a mortgage or charge,
the mortgagee or incumbrancer shall not be entitled to share in
any surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is
subject to a mortgage or charge, the Court may, with the
consent of the mortgagee or incumbrancer, order that the
property be sold free from the mortgage or charge, giving to
the mortgagee or incumbrancer the same interest in the
proceeds of the sale as he had in the property sold;
(c) where any immovable property is sold in execution of a decree
ordering its sale for the discharge of an incumbrance thereon,
the proceeds of sale shall be applied—
first, in defraying the expenses of the sale;
secondly, in discharging the amount due under the decree;
thirdly, in discharging the interest and principal monies due
on subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the
payment of money against the judgment-debtor, who have,
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prior to the sale of the property, applied to the Court which

passed the decree ordering such sale for execution of such
decrees, and have not obtained satisfaction thereof.
(2) Where all or any of the assets liable to be rateably distributed
under this section are paid to a person not entitled to receive the same,
any person so entitled may sue such person to compel him to refund
the assets.
(3) Nothing in this section affects any right of the Government.
High Court Amendment
CALCUTTA.—Omit clause (c) of the proviso in sub-rule (1). Cal. Gaz.
Pt. I, dt. 20-4-1967.
Resistance to Execution
74. Resistance to execution.—Where the Court is satisfied that the
holder of a decree for the possession of immovable property or that the
purchaser of immovable property sold in execution of a decree has been
resisted or obstructed in obtaining possession of the property by the
judgment-debtor or some person on his behalf and that such resistance
or obstruction was without any just cause, the Court may, at the
instance of the decree-holder or purchaser, order the judgment-debtor
or such other person to be detained in the civil prison for a term which
may extend to thirty days and may further direct that the decree-holder
or purchaser be put into possession of the property.
High Court Amendment
CALCUTTA.—Omit the words “that the holder of a decree for the
possession of immovable property or” after the words “Court is
satisfied”; and the word “immovable” before “property”; insert the
words “referred to in Section 28 of the Presidency Small Cause Courts
Act, 1882”, after the word “property” and before the words “sold in
execution” omit the words “decree-holder or” between the words “at
the instance of the” and “purchaser”; Omit the words “decree-holder
or” between the words “direct that the” and “purchaser”. Cal Gaz. Pt. I
dt. 20-4-1967.
PART III
Incidental Proceedings
Commissions
75. Power of Court to issue commissions.—Subject to such
conditions and limitations as may be prescribed, the Court may issue a
commission—
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
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152
[(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and
natural decay and which is in the custody of the Court pending
the determination of the suit;
(g) to perform any ministerial act.]
76. Commission to another Court.—(1) A commission for the
examination of any person may be issued to any Court (not being a
High Court) situate in a State other than the State in which the Court of
issue is situate and having jurisdiction in the place in which the person
to be examined resides.
(2) Every Court receiving a commission for the examination of any
person under sub-section (1) shall examine him or cause him to be
examined pursuant thereto, and the commission, when it has been duly
executed, shall be returned together with the evidence taken under it
to the Court from which it was issued, unless the order for issuing the
commission has otherwise directed, in which case the commission shall
be returned in terms of such order.
77. Letter of request.—In lieu of issuing a commission the Court may
issue a letter of request to examine a witness residing at any place not
153
within [India].
154
[78. Commissions issued by foreign Courts.—Subject to such
conditions and limitations as may be prescribed, the provisions as to
the execution and return of commissions for the examination of
witnesses shall apply to commissions issued by or at the instance of—
(a) Courts situate in any part of India to which the provisions of
this Code do not extend; or
(b) Courts established or continued by the authority of the Central
Government outside India; or
(c) Courts of any State or country outside India.]
For Section 79 to 95 click here
For Section 96 to 131 click here
For Section 132 to 158 click here
For Schedule 1 (Order 1 to 10) click here
For Schedule 1 (Order 11 to 20) click here
For Schedule 1 (Order 21 to 30) click here
For Schedule 1 (Order 31 to 40) click here
For Schedule 1 (Order 41 to 51) click here
For Schedule 2 to 5 click here
———
1.
As amended upto Act 32 of 2023 (w.e.f. the date to be notified).
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2.
Subs. by Act 104 of 1976, S. 2 (w.e.f. 1-2-1977).

3.
In its application to the State of Sikkim, except for Ss. 123 and 124, the Code has been
extended to Sikkim — See Gazatte of India, 18-10-1982, Pt. II, S. 3(ii), Extra., p. 2 and 1-9-
1984 appointed as the date on which the Code shall come into force in Sikkim — See Gazatte
of India, 13-10-1984, Pt. II, S. 3(ii), Extra., p. 2.
This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3
of 1953; to Tamil Nadu by Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act
15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar Pradesh by U.P. Acts 4 of 1925,
35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of
1958; to Maharashtra by Maharashtra Act 22 of 1960 and 25 of 1970; it has been
extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and by notification under Ss.
5 and 5-A of the Schedule Districts Act, 1874 (14 of 1874), also to the following
Scheduled Districts:—

(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills), Goalpara
(including the Eastern Duars), Kamrup, Darrang, Nowgong (excluding the Mikir Hill
Tracts) Sibsagar (excluding the Mikir Hill Tracts) and Lakhimpur (excluding the
Dibrugarh Frontier Tracts) : Gazette of India, 1909, Pt. 1, p. 5 and ibid, 1914, Pt. I, p.
1690.

(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and
Manbhum in Chota Nagpur : Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India,
1909, Pt. I, p. 33.

(3) The province of Kumaon and Garhwal and the Tarai Parganas (with modifications) :
U.P. Gazette, 1909, Pt. I, p. 3 and Gazette of India, 1909, Pt. I, p. 31.

(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur
District : U.P. Gazette, 1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.

(5) Coorg : Gazette of India, 1909, Pt. I, p. 32.

(6) Scheduled Districts in the Punjab : Gazette of India, 1909, Pt. I, p. 33.

(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt.
I, p. 152.

(8) Scheduled Districts in the C.P., except so much as is already in force and so much as
authorizes the attachment and sale of immovable property in execution of a decree,
not being a decree directing the sale of such property : Gazette of India, 1909, Pt. I,
p. 239.

(9) Ajmer-Merwara except Ss. 1 and 155 to 158 : Gazette of India, 1909, Pt. II, p. 480.

(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat
Estate in the District of Singhbhum : Calcutta, Gazette of India, 1909, Pt. I, p. 453
and Gazette of India, 1909, Pt. I, p. 443.
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Under S. 38 to 42 and 156 and Rules 4 to 9 in Order XXI in the First Schedule have
been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial
of suits referred to in S. 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of
1893) : see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws
Regulation, 1929 (1 of 1929), S. 2; in the Khondmals District by the Khondmals Laws
Regulation, 1936 (4 of 1936), S. 3 and Sch. and in the Angul District by the Angul Laws
Regulation, 1936 (5 of 1936), S. 3 and Sch.
It has been extended to the District of Koraput and Gunjam Agency by Orissa
Regulation, (5 of 1951) S. 2.
It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, S. 3
to the whole of the Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of
1965, S. 3 and Sch. : to Goa, Daman and Diu (w.e.f. 15-6-1966) by Act 30 of 1965, S. 3;
to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, S. 2 and Sch. 1 and to
the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599(E), dated 13-8-
1984, Gazette of India, Extraordinary, Part II, S. 3.

4.
Clause (a) omitted by Act 34 of 2019, Ss. 95, 96 and Sch. V (w.e.f. 31-10-2019). Prior to
omission it read as:
“(a) the State of Jammu and Kashmir;”

5.
L.M. & A. Islands (Laws) Regulation, 1965 (8 of 1965) and L.M.A. Islands (Civil Courts)
Regulation, 1965 (9 of 1965) are in force in that territory. These islands now form part of
Lakshadweep Union Territory — See Act 34 of 1973 (1-11-1973).

6.
The words and figures “Section 47 or” omitted by Act 104 of 1976, S. 3(i) (w.e.f. 1-2-
1977).

7.
Subs. by Act 2 of 1951, S. 4(i) (w.e.f. 1-4-1951).

8.
Ins. by Act 2 of 1951, S. 4(ii) (w.e.f. 1-4-1951).

9.
Ins. by Act 2 of 1951, S. 4(ii) (w.e.f. 1-4-1951).

10.
Ins. by Act 42 of 1953, S. 4 and Sch. III (w.e.f. 23-12-1953).

11.
Now made applicable in the Union Territory of Jammu and Kashmir. [Vide S.O. 1123(E), dt.
18-3-2020 (w.e.f. 18-3-2020)].

12.
Subs. for “the Indian Civil Service” by Act 104 of 1976, S. 3(ii) (w.e.f. 1-2-1977).

13.
Subs. for “or naval” by Act 35 of 1934, S. 2 and Sch. (w.e.f. 8-9-1934).

14.
Subs. for “His Majesty” by the A.O. 1950 (w.e.f. 26-1-1950).

15.
The words “including His Majesty's Indian Marine Service” omitted by Act 35 of 1934, S. 2
(w.e.f. 8-9-1934).
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16.
Omitted by Act 2 of 1951, S. 4(iii) (w.e.f. 1-4-1951). Earlier inserted by the A.O. 1950
(w.e.f. 26-1-1950). Prior to omission it read as:
“(21) ‘State’ means a Part A State or a Part C State, and ‘States’ means all the
territories for the time being comprised within Part A States and Part C States.”

17.
The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, S. 2
and Sch. I, Part I (w.e.f. 14-9-1920).

18.
The words “with the sanction aforesaid” omitted by Act 38 of 1920, S. 2 and Sch. 1, Pt. I
(w.e.f. 14-9-1920).

19.
Ins. by Act 4 of 1941, S. 2 and Sch. III (w.e.f. 1-8-1941).

20.
Subs. for “under that Act” by Act 4 of 1941, S. 2 and Sch. III (w.e.f. 1-8-1941).

21.
Ins. by Act 2 of 1951, S. 5 (w.e.f. 1-4-1951).

22.
Subs. for “Part B States” by A.O. (No. 2) 1956 (w.e.f. 1-11-1956).

23.
Subs. by Act 1 of 1926, S. 3. Prior to substitution it read as:
“so far as they relate to injunctions and interlocutory orders”

24.
Subs. for “77 and 155 to 158” by Act 104 of 1976, S. 4 (w.e.f. 1-2-1977).

25.
Sections 2, 3, 10 to 14, 28 to 37, 42 to 53, 55 to 60, 62 to 64, 73, 74, 78 to 85, 87, 88,
94, 95, 132 to 136, 139, 141 to 149, 151 and 153, as amended up to 1-1-1965 extended to
all suits and proceedings in the Court of Small Causes, Calcutta subject to certain
modifications and adaptations — See Calcutta Gazatte, 20-4-1967, Pt. I, p. 757.

26.
Ins. by Act 1 of 1914, S. 2.

27.
Subs. for “local Official Gazette” by A.O. 1937 (w.e.f. 1-4-1937).

28.
For instance of such direction, see the Calcutta Gazette, 1910, Pt. I, p. 814 and dt. 20-4
-1967.

29.
Explanation renumbered as Explanation I by Act 104 of 1976, S. 5 (w.e.f. 1-2-1977).

30.
Ins. by Act 104 of 1976, S. 5 (w.e.f. 1-2-1977).

31.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

32.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

33.
Subs. for “the Governor General in Council” by the A.O. 1937 (w.e.f. 1-4-1937).

34.
The words “or the Crown Representative” omitted by the A.O. 1948.
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35.
Subs. for “His Majesty in Council” by A.O. 1950 (w.e.f. 26-1-1950).

36.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

37.
Ins. by Act 104 of 1976, S. 6 (w.e.f. 1-2-1977).

38.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

39.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

40.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

41.
Omitted by Act 104 of 1976, S. 7(i) (w.e.f. 1-2-1977). Prior to omission it read as:
“Explanation I.—Where a person has a permanent dwelling at one place and also a
temporary residence at another place, he shall be deemed to reside at both places in
respect of any cause of action arising at the place where he has such temporary
residence.”

42.
Subs. for “Explanation II” by Act 104 of 1976, S. 7(ii) (w.e.f. 1-2-1977).

43.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

44.
Section 21 renumbered as Section 21(1) by Act 104 of 1976, S. 8 (w.e.f. 1-2-1977).

45.
Ins. by Act 104 of 1976, S. 8 (w.e.f. 1-2-1977).

46.
Ins. by Act 104 of 1976, S. 9 (w.e.f. 1-2-1977).

47.
Subs. for “thereafter tries such suit” by Act 104 of 1976, S. 10(i) (w.e.f. 1-2-1977).

48.
Subs. by Act 104 of 1976, S. 10(ii) (w.e.f. 1-2-1977).

49.
Ins. by Act 104 of 1976, S. 10(iii) (w.e.f. 1-2-1977).

50.
Subs. by Act 104 of 1976, S. 11 (w.e.f. 1-2-1977).

51.
Section 26 renumbered as Section 26(1) by Act 46 of 1999, S. 2 (w.e.f. 1-7-2002).

52.
Ins. by Act 46 of 1999, S. 2 (w.e.f. 1-7-2002).

53.
Ins. by Act 46 of 1999, S. 3 (w.e.f. 1-7-2002).

54.
Ins. by Act 104 of 1976, S. 12 (w.e.f. 1-5-1977).

55.
Subs. by Act 2 of 1951, S. 6 (w.e.f. 1-4-1951).

56.
Subs. for “not exceeding five hundred rupees” by Act 46 of 1999, S. 4 (w.e.f. 1-7-2002).

57.
Subs. by Act 66 of 1956, S. 2(a) (w.e.f. 1-1-1957).
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58.
Ins. by Act 104 of 1976, S. 13 (w.e.f. 1-7-1977).

59.
Subs. for “on such aggregate sum as aforesaid” by Act 66 of 1956, S. 2(b) (w.e.f. 1-1-
1957).

60.
Omitted by Act 66 of 1956, S. 3 (w.e.f. 1-1-1957).

61.
Ins. by Act 9 of 1922, S. 2.

62.
Subs. for “not being an appeal” by Act 66 of 1956, S. 4(i) (w.e.f. 1-1-1957).

63.
Subs. for “excluding an appeal” by Act 104 of 1976, S. 14(i) (w.e.f. 1-2-1977).

64.
Subs. by Act 66 of 1956, S. 4(ii) (w.e.f. 1-1-1957).

65.
Subs. for “one thousand rupees” by Act 104 of 1976, S. 14(ii) (w.e.f. 1-2-1977).

66.
Ins. by Act 2 of 1951, S. 7(i) (w.e.f. 1-4-1951).

67.
Subs. for “a Part B State” by A.O. (No. 2), 1956 (w.e.f. 1-11-1956).

68.
Subs. for “under that Act” by Act 2 of 1951, S. 7(ii) (w.e.f. 1-4-1951).

69.
Ins. by Act 104 of 1976, S. 15 (w.e.f. 1-2-1977).

70.
Subs. by Act 104 of 1976, S. 16 (w.e.f. 1-2-1977).

71.
Ins. by Act 104 of 1976, S. 17 (w.e.f. 1-2-1977).

72.
Ins. by Act 104 of 1976, S. 18(i) (w.e.f. 1-2-1977).

73.
Ins. by Act 104 of 1976, S. 18(ii) (w.e.f. 1-2-1977).

74.
Ins. by Act 22 of 2002, S. 2 (w.e.f. 1-7-2002).

75.
Section 42 renumbered as Section 42(1) by Act 104 of 1976, S. 19 (w.e.f. 1-2-1977).

76.
Ins. by Act 104 of 1976, S. 19 (w.e.f. 1-2-1977).

77.
Subs. by Act 2 of 1951, S. 8 (w.e.f. 1-4-1951).

78.
Subs. by Act 2 of 1951, S. 9 (w.e.f. 1-4-1951).

79.
Ins. by Act 8 of 1937, S. 2 (w.e.f. 1-4-1937).

80.
The words “the United Kingdom or” omitted by Act 71 of 1952, S. 2(a) (w.e.f. 1-3-1953).

81.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).
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82.
Subs. for Explanations I to III by Act 71 of 1952, S. 2(b) (w.e.f. 1-3-1953).

83.
Subs. by the A.O. 1937.

84.
The words “or continued” omitted by the A.O. 1948.

85.
Subs. for “in any Indian State” by the A.O. 1950 (w.e.f. 26-1-1950).

86.
Subs. for “Provincial” by A.O. 1950 (w.e.f. 26-1-1950).

87.
Omitted by Act 104 of 1976, S. 20(i) (w.e.f. 1-2-1977). Prior to omission it read as:
“(2) The Court may, subject to any objection as to limitation or jurisdiction, treat a
proceeding under this section as a suit or a suit as a proceeding and may, if necessary,
order payment of any additional court-fees.”

88.
Subs. by Act 104 of 1976, S. 20(ii) (w.e.f. 1-2-1977).

89.
Ins. by Act 104 of 1976, S. 20(ii) (w.e.f. 1-2-1977).

90.
Omitted by Act 36 of 1963, S. 28 (w.e.f. 1-1-1964). Prior to omission it read as:
“48. Execution barred in certain cases.—(1) Where an application to execute a decree
not being a decree granting an injunction has been made, no order for the execution of
the same decree shall be made upon any fresh application presented after the expiration
of twelve years from—

(a) the date of the decree sought to be executed; or

(b) where the decree or any subsequent order directs any payment of money or the
delivery of any property to be made at a certain date or at recurring periods, the date
of the default in making the payment or delivery in respect of which the applicant
seeks to execute the decree.
(2) Nothing in this section shall be deemed—

(a) to preclude the Court from ordering the execution of a decree upon an application
presented after the expiration of the said term of twelve years, where the judgment-
debtor has, by fraud or force prevented the execution of the decree at some time
within twelve years immediately before the date of the application; or

(b) to limit or otherwise affect the operation of Article 180 of the second schedule to the
Indian Limitation Act, 1877 (15 of 1877).”

91.
Ins. by Act 104 of 1976, S. 21 (w.e.f. 1-2-1977).

92.
Ins. by Act 21 of 1936, S. 2.

93.
Subs. for “will be discharged” by Act 3 of 1921, S. 2(1).

94.
Subs. for “shall release” by Act 3 of 1921, S. 2(2).
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95.
Subs. by Act 104 of 1976, S. 22(i)(a) (w.e.f. 1-2-1977).

96.
Subs. for “one thousand rupees” by Act 46 of 1999, S. 5(a) (w.e.f. 1-7-2002).

97.
Subs. by Act 46 of 1999, S. 5(b) (w.e.f. 1-7-2002).

98.
Subs. by Act 104 of 1976, S. 22(i)(c ) (w.e.f. 1-2-1977). Prior to substitution it read as:
“said period of six months or six weeks, as the case may be,”

99.
Ins. by Act 104 of 1976, S. 22(ii) (w.e.f. 1-2-1977).

100.
Subs. for “five hundred rupees” by Act 46 of 1999, S. 5(ii) (w.e.f. 1-7-2002).

101.
Subs. for “an agriculturist” by Act 104 of 1976, S. 23(i)(a) (w.e.f. 1-2-1977).

102.
Ins. by Act 104 of 1976, S. 23(i)(b) (w.e.f. 1-2-1977).

103.
Subs. for “Governor General in Council” by the A.O. 1937.

104.
Subs. by Act 9 of 1937, S. 2. The amendments made by that section have no effect in
respect of any proceedings arising out of a suit instituted before 1st June, 1937; see Act 9
of 1937, S. 3.

105.
Omitted Act 5 of 1943, S. 2. Prior to omission it read as:
“and salary, to the extent of the first hundred rupees and one-half the remainder of
such salary”.

106.
Subs. by Act 5 of 1943, S. 2, for the former clause and proviso.

107.
Subs. for “the first hundred rupees” by Act 26 of 1963, S. 2.

108.
Subs. for “two hundred rupees and one-half the remainder” by Act 104 of 1976, S. 23(i)
(c )(i) (w.e.f. 1-2-1977).

109.
Subs. for “four hundred” by Act 46 of 1999, S. 6(a) (w.e.f. 1-7-2002).

110.
Ins. by Act 66 of 1956, S. 6(a) (w.e.f. 1-1-1957).

111.
Subs. by Act 104 of 1976, S. 23(i)(c )(ii) (w.e.f. 1-2-1977).

112.
Ins. by Act 66 of 1956, S. 6(b) (w.e.f. 1-1-1957).

113.
Subs. by Act 104 of 1976, S. 23(i)(d) (w.e.f. 1-2-1977).

114.
Subs. for “1897” by Act 9 of 1937, S. 2.

115.
Ins. by Act 104 of 1976, S. 23(i)(e) (w.e.f. 1-2-1977).

116.
Subs. by Act 9 of 1937, S. 2.
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117.
Subs. for “public officer” by Act 5 of 1943, S. 2.

118.
Subs. for “Governor General in Council” by the A.O. 1937.

119.
Subs. for “any such officer or servant” by Act 5 of 1943, S. 2.

120.
Subs. by the A.O. 1937. Prior to substitution it read as:
“any law passed under the Indian Councils Acts, 1861 and 1892”.

121.
Subs. by Act 104 of 1976, S. 23(i)(f) (w.e.f. 1-2-1977).

122.
Ins. by Act 9 of 1937, S. 2.

123.
Subs. for “Explanation 2.—in clauses (h) and (i)” by Act 104 of 1976, S. 23(i)(g) (w.e.f.
1-2-1977).

124.
Ins. by the A.O. 1937.

125.
Subs. for “3” by Act 104 of 1976, S. 23(i)(h) (w.e.f. 1-2-1977).

126.
Subs. for “public officer” by Act 5 of 1943, S. 2.

127.
Subs. for “a Federal Railway” by the A.O. 1950 (w.e.f. 26-1-1950).

128.
Omitted by the A.O. 1948. Prior to omission it read as:
“(ii) as respect any person employed in connection with the exercise of the functions of
the Crown in its relations with Indian States, the Crown Representative; and”

129.
Subs. for “public officer” by Act 5 of 1943, S. 2.

130.
The words “railway or” omitted by the A.O. 1950 (w.e.f. 26-1-1950).

131.
Ins. by Act 104 of 1976, S. 23(i)(i) (w.e.f. 1-2-1977).

132.
Ins. by Act 104 of 1976, S. 23(ii) (w.e.f. 1-2-1977).

133.
The brackets and letter “(a)” omitted by Act 10 of 1914, S. 3 and Sch. II (w.e.f. 17-3-
1914).

134.
The word “or” omitted by Act 10 of 1914, S. 3 and Sch. II (w.e.f. 17-3-1914).

135.
Omitted by Act 10 of 1914, S. 3 and Sch. II (w.e.f. 17-3-1914).

136.
The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, S. 2
and Sch. I, Pt. I (w.e.f. 14-9-1920).

137.
Ins. by Act 104 of 1976, S. 24 (w.e.f. 1-2-1977).

138.
Section 64 renumbered as Section 64(1) by Act 22 of 2002, S. 3 (w.e.f. 1-7-2002).
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139.
Ins. by Act 22 of 2002, S. 3 (w.e.f. 1-7-2002).

140.
Omitted by the Benami Transactions (Prohibition) Act, 1988 (Act 45 of 1988) S. 7
(w.r.e.f. 19-5-1988). Prior to omission it read as:
“66. Suit against purchaser not maintainable on ground of purchase being of behalf of
plaintiff.—(1) No suit shall be maintained against any person claming title under a
purchase certified by the Court in such manner as may be prescribed on the ground that
the purchase was made on behalf of the plaintiff or on behalf of some one through whom
the plaintiff claims.
(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any
purchaser certified as aforesaid was inserted in the certificate fraudulently or without the
consent of the real purchaser or interfere with the right of a third person to proceed
against that property, though ostensibly sold to the certified purchaser, on the ground
that it is liable to satisfy a claim of such third person against the real owner.”

141.
Section 67 renumbered as Section 67(1) by Act 1 of 1914, S. 3.

142.
The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, S. 2
and Sch. I, Pt. I (w.e.f. 14-9-1920).

143.
Ins. by Act 1 of 1914, S. 3.

144.
Subs. for “Provincial” by A.O. 1950 (w.e.f. 26-1-1950). Which was earlier subs. for
“local” by A.O. 1937 (w.e.f. 1-4-1937).

145.
The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, S. 2
and Sch. I, Pt. I (w.e.f. 14-9-1920).

146.
Ins. by Act 20 of 1983, S. 2 and Sch. (w.e.f. 15-3-1984).

147.
Omitted by Act 66 of 1956, S. 7 (w.e.f. 1-1-1957). Prior to omission it read as:
“68. Power to prescribe rules for transferring to Collector execution of certain decrees.
—The State Government may declare, by notification in the local official Gazette that in
any local area the execution of decrees in cases in which a Court has ordered any
immoveable property to be sold, or the execution of any particular kind of such decrees,
or the execution of decrees ordering the sale of any particular kind of, or interest in,
immoveable property, shall be transferred to the Collector.”

148.
Omitted by Act 66 of 1956, S. 7 (w.e.f. 1-1-1957). Prior to omission it read as:
“69. Provisions of Third Schedule to apply.—The Provisions set forth in the Third
Schedule shall apply to all cases in which the execution of a decree has been transferred
under the last preceding section.”

149.
Omitted by Act 66 of 1956, S. 7 (w.e.f. 1-1-1957). Prior to omission it read as:
“70. Rule of procedure.—(1) The Local Government may make rules consistent with the
aforesaid provisions—
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(a) for the transmission of the decree from the Court to the Collector, and for regulating,
the procedure of the Collector and his subordinates in executing the same and for
retransmitting the decree from the Collector to the Court;

(b) conferring upon the Collector or any gazetted subordinate of the Collector all or any
of the powers which the Court might exercise in the execution of the decree if the
execution thereof had not been transferred to the Collector;

(c ) providing for orders made by the Collector or any gazetted subordinate of the
Collector, or orders made on appeal with respect to such orders, being subject to
appeal to, and revision by, superior revenue-authorities as nearly as may be as the
orders made by the Court, or orders made on appeal with respect to such orders
would be subject to appeal to, and revision by, appellate or revisional Courts under
this Code or other law for the time being in force if the decree had not been
transferred to the Collector.
(2) Jurisdiction of Civil Courts barred—A power conferred by rules made under sub-
section (1) upon the Collector or any gazetted subordinate of the Collector, or upon any
appellate or revisional authority, shall not he exercisable by the Court or by any Court in
exercise of any appellate or revisional Jurisdiction which it has with respect to decrees or
orders of the Court.”

150.
Omitted by Act 66 of 1956, S. 7 (w.e.f. 1-1-1957). Prior to omission it read as:
“71. Collector deemed to be acting judicially.—In executing a decree transferred to the
Collector under Section 68 the Collector and his subordinates shall be deemed to be
acting judicially.”

151.
Omitted by Act 66 of 1956, S. 7 (w.e.f. 1-1-1957). Prior to omission it read as:
“72. Where Court may authorize Collector to stay public sale of land.—(1) Where in any
local area in which no declaration under Section 68 is in force the property attached
consists of land or of a share in land and the Collector represents to the Court that the
public sale of the land or share is objectionable and that satisfaction of the decree may
be made within a reasonable period by a temporary alienation of the land or share the
Court may authorize the Collector to provide for such: satisfaction in the manner re-
commended by him instead of proceeding to a sale of the land or share.
(2) In every such case the provisions of Sections 69 to 71 and of any rules made in
pursuance thereof shall apply so far as they are applicable.”

152.
Ins. by Act 104 of 1976, S. 26 (w.e.f. 1-2-1977).

153.
Subs. for “the States” by Act 2 of 1951, S. 3 (w.e.f. 1-4-1951).

154.
Subs. by Act 2 of 1951, S. 11 (w.e.f. 1-4-1951).

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