THE CODE OF CIVIL PROCEDURE, 1908

 THE CODE OF CIVIL PROCEDURE, 1908

An Act to
provide for the constitution of Commercial Court, Commercial Appellate Courts,
Commercial Division and Commercial Appellate Division in the High Courts for
adjudicating commercial disputes of specified value and matters connected
therewith or incidental thereto.

Be it enacted
by Parliament in the Sixty-sixth Year of the Republic of India as follows.  

THE CODE OF CIVIL PROCEDURE, 1908

 

PRELIMINARY

1. Short title, commencement and
extent.

 This Act may be called the Commercial Courts
Act, 2015

It extends to the whole of
India.

It shall be deemed to have
come into force on the 23rd day of October, 2015

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

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.

21A. 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.

INTEREST

34. Interest.

COSTS

35. Costs.

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

35B. 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.

44A. 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.

LIMIT OF TIME FOR EXECUTION

48. [Repealed.].

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. [Repealed.].

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. [Repealed.].

69. [Repealed.].

70. [Repealed.].

71. [Repealed.].

72. [Repealed.].

DISTRIBUTION OF ASSETS

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

RESISTANCE TO EXECUTION

74. Resistance to execution.

PART III

INCIDENTAL PROCEEDINGS

COMMISSIONS

75. Power of Court to issue
commissions.

76. Commission to another Court.

77. Letter of request.

78. Commissions issued by foreign
Courts.

PART IV

SUITS IN PARTICULAR CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN

THEIR OFFICIAL CAPACITY

79. Suits by or against
Government.

80. Notice.

81. Exemption from arrest and
personal appearance.

82. Execution of decree.

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS,

AMBASSADORS AND ENVOYS

83. When aliens may sue.

84. When foreign States may sue.

85. Persons specially appointed
by Government to prosecute or defend on behalf of foreign Rulers.

86. Suits against foreign Rulers,
Ambassadors and Envoys.

87. Style of foreign Rulers as
parties to suits.

87A. Definitions of “foreign
State” and “Ruler”

SUITS AGAINST RULERS OF FORMER INDIAN STATES

87B. Application of sections 85
and 86 to Rulers of former Indian States.

INTERPLEADER

88. Where interpleader-suit may
be instituted.

PART V

SPECIAL
PROCEEDINGS

ARBITRATION

89. Settlement of disputes
outside the Court.

SPECIAL CASE

90. Power to state case for
opinion of Court.

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC

91. Public nuisances and other
wrongful acts affecting the public.

92. Public charities.

93. Exercise of powers of
Advocate-General outside presidency-towns.

PART VI

SUPPLEMENTAL PROCEEDINGS

94. Supplemental proceedings.

95. Compensation for obtaining
arrest, attachment or injunction on insufficient ground.

PART VII

APPEALS

APPEALS FROM ORIGINAL DECREES

96. Appeal from original decree.

97. Appeal from final decree
where no appeal from preliminary decree.

98. Decision where appeal heard
by two or more Judges.

99. No decree to be reversed or
modified for error or irregularity not affecting merits or jurisdiction.

99A. No order under section 47 to
be reversed or modified unless decision of the case is prejudicially

affected.

APPEALS FROM APPELLATE DECREES

100. Second appeal.

100A. No further appeal in
certain cases.

101. Second appeal on no other
grounds.

102. No second appeal in certain
cases.

103. Power of High Court to
determine issues of fact.

APPEALS FROM ORDERS

104. Orders from which appeal
lies.

105. Other orders.

106. What Courts to hear appeals.

GENERAL PROVISIONS RELATING TO APPEALS

107. Powers of Appellate Court.

108. Procedure in appeals from
appellate decrees and orders.

APPEALS TO THE SUPREME COURT

109. When appeals lie to the
Supreme Court.

 110. [Omitted.].

111. [Omitted.].

111A. [Omitted.].

112. Savings.

PART VIII

REFERENCE, REVIEW AND REVISION

113. Reference to High Court.

114. Review.

115. Revision.

PART IX

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING

THE COURT OF A JUDICIAL COMMISSIONER

116. Part to apply only to
certain High Courts.

117. Application of Code to High
Courts.

118. Execution of decree before
ascertainment of costs.

119. Unauthorised persons not to
address Court.

120. Provisions not applicable to
High Court in original civil jurisdiction.

PART X

RULES

121. Effect of rules in First
Schedule.

122. Power of certain High Courts
to make rules.

123. Constitution of Rules
Committees in certain States.

124. Committee to report to High
Court.

125. Power of other High Courts
to make rules.

126. Rules to be subject to
approval.

127. Publication of rules.

128. Matters for which rules may
provide.

129. Power of High Courts to make
rules as to their original civil procedure.

130. Power of other High Courts
to make rules as to matters other than procedure.

131. Publication of rules.

PART XI

MISCELLANEOUS

132. Exemption of certain women
from personal appearance.

133. Exemption of other persons.

134. Arrest other than in
execution of decree.

135. Exemption from arrest under
civil process.

135A. Exemption of members of
legislative bodies from arrest and detention under civil process.

136. Procedure where person to be
arrested or property to be attached is outside district.

137. Language of subordinate
Courts.

138. Power of High Court to
require evidence to be recorded in English.

139. Oath on affidavit by whom to
be administered.

140. Assessors in causes of salvage,
etc.

141. Miscellaneous proceedings.

142. Orders and notices to be in
writing.

143. Postage.

144. Application for restitution.

145. Enforcement of liability of
surety.

146. Proceedings by or against
representatives.

147. Consent or agreement by
persons under disability.

148. Enlargement of time.

148A. Right to lodge a caveat.

149. Power to make up deficiency
of court-fees.

150. Transfer of business.

151. Saving of inherent powers of
Court.

152. Amendment of judgments,
decrees or orders.

153. General power to amend.

153A. Power to amend decree or
order where appeal is summarily dismissed.

153B. Place of trial to be deemed
to be open Court.

154. [Repealed.].

155. [Repealed.].

156. [Repealed.].

157. Continuance of orders under
repealed enactments.

158. Reference to Code of Civil
Procedure and other repealed enactments.

Enable GingerCannot connect to Ginger Check your internet connection
or reload the browser
Disable in this text fieldEditEdit in GingerEdit in Ginger×

Leave a Reply

Your email address will not be published. Required fields are marked *

You cannot copy content of this page