Short Title, Commencement and Extent: Civil Procedure Code 1908 (CPC)

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Civil Procedure Code 1908 (CPC)

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Civil Procedure Code 1908

Civil Procedure Code 1908 – 1st Page
Civil Procedure Code 1908 – 2nd Page
Civil Procedure Code 1908 – 3rd Page
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.
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[(3) It extends to the whole of India except.-
(a) the State of Jammu and Kashmir;
(b) the State of Nagaland and the tribal areas.
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, incedental 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.]
(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.
1. Subs. by Act 104 of 1976, sec. 2, for sub-section (3) (w.e.f. 1-2-1977).
2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,-
(1) “Code” includes rules;
(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 of a plaint and the determination of any question within 1 [* * *] 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;
(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;
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[(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 and also any
pleader acting under the directions of the Government Pleader;
[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in
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Calcutta;
(7B) “India”, except in sections 1, 29, 43, 44, 5[44A], 78, 79, 82, 83 and 87A, means the territory
of India excluding the State of Jammu and Kashmir];
(8) “Judge” means the presiding officer of a Civil Court;
(9) “judgment” means the statement given by the judge on the grounds of a decree or order;
(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 intermeddles 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;
(12) “means 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 but
the person in wrongful possession;
(13) “movable property” includes 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;
(b) every member of 2[an All-India Service];
(c) every commissioned or gazetted officer in the military, 6[naval or air forces] of 7[the
Union] 8[***] 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 authorized 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 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;
(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or
section 125;
(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.

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[***]
1. The words and figures “Section 47 or” omitted by Act No. 104 of 1976 (w.e.f. 1-2-1977)..
2.Subs, by Act No. 104 of 1976 for “Indian Civil Service” (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, sec. 4, for clause (5) (w.e.f. 1-4-1951).
4. Ins. by Act 2 of 1951, sec. 4 (w.e.f. 1-4-1951).
5. Ins. by Act 42 of 1953, sec. 4 and Sch. III (w.e.f. 23-12-1953).
6. Subs. by Act 35 of 1934, sec. 2 sch., for “or naval”.
7. Subs. by the A.O. 1950, for “His Majesty”.
8. The words “including His Majesty’s Indian Marine Service”, omitted by Act 35 of 1934, sec.
2.
9. Clause (21) ins. by the A.O. 1950 and omitted by Act 2 of 1951, sec. 4 (w.e.f. 1-4-1951).
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.
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 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.
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 1[***] 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 Government 2[***] 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.
1. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, sec. 2
and Sch. I.
2. The words “with sanction aforesaid” omitted by Act 38 of 1920, sec. 2 and Sch. I.
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 Act, 1887 (9 of 1887), 1[or under the Berar Small Cause Courts Laws, 1905], or to Courts
exercising the jurisdiction of a Court of Small Causes 2[under the said Act or Law], 3[or to Courts
in] 4[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, sections 94 and 95 5[so far as they authorize 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.
1. Ins. by Act 4 of 1941, sec. 2 and Sch. III.

2. Subs. by Act 4 of 1941, sec. 2 and Sch. III for “under that Act”.
3. Ins. by Act 2 of 1951, sec. 5 (w.e.f. 1-4-1951)
4. Subs. by the Adaptation of Laws (no. 2) Order, 1956, for “Part B States”.
5. Subs. by Act 1 of 1926, sec. 3, for “so far as they relate to injunctions and interlocutory
orders”.
8. Presidency Small Cause Courts.

Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) and (c), 76 1[77,157 and 158], and
by the Presidency Small Cause Courts Act, 1882, (15 of 1882) the provisions in the body of this
Code shall not extend to any suit or proceedings in any Court of Small Causes established in the
towns of Calcutta, Madras and Bombay :
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[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 notifications 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 adaptation 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 section 8, in the opening para, After the words “Calcutta, Madras and Bombay”
insert the words “and in the City of Ahmedabad”.
[Vide Gujarat Act No. 32 of 1961, sec. 21 and Sch. (1-11-1961)].
1. Subs, by Act No. 104 of 1976 for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, sec. 2
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 cognizance is either expressly or impliedly barred.
1
[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.
2
[Explanation ll].- 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.].
STATE AMENDMENTS
Maharashtra– After section 9 insert the following section 9A.
“9A. 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, on objection to 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 for 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 the 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”.
[Vide Maharashtra Act No. 65 of 1977, sec. 3 (w.e.f. 19-12-1977)].
COMMENTS
(i) The appropriate form for resolution of an industrial dispute is the forum constituted under
Industrial Disputes Act, 1947. Jurisdiction of Civil Court is impliedly barred in such cases. C.T.
Nikam v. Municipal Corporation of Ahmedabad, AIR 2002 SC 997.
(ii) Telephone bill—Jurisdiction of Civil Court—The Civil Court has jurisdiction to enforce the
right of a subscriber under section 7B of the Telegraph Act; Union of India v. Sasi S., AIR 1999
Ker 336.
(iii) The application for grant of interim relief would not be disposed of till decision on question
of jurisdiction although ad-interim relief can be granted in view of provisions under section
9A(2); ICICI Ltd. v. Sri Durga Bansal Fertilizers Ltd., AIR 1999 Bom 402.
(iv) Under section 9 of the Code of Civil Procedure, the jurisdiction of Civil Court with regard to
a particular matter can be said to be excluded if there is an express provision or by implication it
can be inferred that the jurisdiction is taken away; Union of India v. Sasi S., AIR 1999 Ker 336.
1. Explanation renumbered as Explanation I thereof by Act No. 104 of 1976, Sec. 5 (w.e.f. 1-2-
1977).
2. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
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 1[India] having jurisdiction to grant the relief claimed, or in any
Court beyond the limits of 1[India] established or continued by 2[the Central Government] 3[***]
and having like jurisdiction, or before 4[the Supreme Court].
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India]
from trying a suit founded on the same cause of action.
COMMENTS
(i) 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 other nature instituted under any other statute; National
Institute of Mental Health and Neuro-Sciences v. C. Parmeshwara, AIR 2005 SC 242.
(ii) Two suits—Between same parties—Involving same subject-matter and same questions—
Held, subsequent suit should be stayed; Radhika Konel Parekh v. Konel Parekh, AIR 1993 Mad
90: (1993) LW 159: (1993) 1 Mad LJ 163.
1. Subs. by Act 2 of 1951, sec. 3, for “the States” (w.e.f. 1-4-1951)

2. Subs. by A.O. 1937, for “the G.G. in C.”
3. The words “or the Crown Representative” omitted by the A.O. 1948.
4. Subs. by the A.O. 1950, for “His Majesty in Council”.
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 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.
[Explanation VII.- The provisions of this section shall apply to a proceeding for the execution of
a decree and reference in this section to any suit, issue or former suit shall be construed as
references, respectively, to proceedings 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 as subsequent suit,
notwithstanding that such Court of limited jurisdiction was not competent to try such subsequent
suit or the suit in which such issue has been subsequently raised.]
COMMENTS
(i) The principle of res judicata is a procedural provision. A jurisdictional question if wrongly
decided would not attract the principles of res judicata. When an order is passed without
jurisdiction, the same becomes a nullity. When an order is a nullity, it cannot be supported by
invoking procedural principle; Management of Sonepat Co-op. Sugar Mills Ltd. v. Ajit Singh,
AIR 2005 SC 1050.
(ii) 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 whereas the doctrine
of issue estoppel is invoked against the party. If such issue is decided against him, he would be
estopped from raising the same in the latter proceedings. The doctrine of res judicata creats a
different kind of estoppel viz. estoppel by Accord; Bhanu Kumar Jain v. Archana Kumar, AIR
2005 SC 626.
(iii) First writ petition filed on the ground of apprehended bias and subsequent second petition
was filed on allegations of actual bias, is not barred by res judicata; G.N. Nayak v. Goa
University, AIR 2002 SC 790.
(iv) Section 11 of the Code of Civil Procedure has no doubt some technical aspects for instance
the rule of constructive res judicata may be said to be technical but the basis of which the said
rule rests is founded on the consideration of public policy; Sumer Mal v. State of Rajasthan, AIR
2000 Raj 1.
(v) The technical principle of res judicata would not be operative more so, if substantial change
in circumstances is averred and found prima facie justified; Smt. Rehana Parveen v. Naimuddin,
AIR 2000 MP 1.
(vi) Assuming, the cause of action in both the suits was based upon title in the suit land and was
akin in all the cases, yet, as referred to above, in as much the earlier two suits were dismissed as
withdrawn with permission to file fresh on the same cause of action, third suit will not be barred
by any principle of law; Harbhagwan v. Smt. Punni Devi, AIR 1999 P&H 223.
(vii) Where the Sangh has been duly represented in the previous court proceedings and were
litigating bona fidely which resulted in failure cannot be allowed to lay any objection in
execution or to plead nullity of decree hence doctrine of res judicata applies. The decree of
ejectment will bind every member of Sangh; Singhai Lal Chand Jain v. Rashtriya Swayam
Sewak Sangh, Panna, JT 1996(3) SC 64.
1. Ins. by Act No. 104 of 1976, sec. 6 (w.e.f. 1-2-1977).
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 recognise the law of
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[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 force in 1[India].
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.
15. Court in which suits to be instituted.

Every suit shall be instituted in the Court of the lowest grade competent to try it.
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,
(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.
Explanation.– In this section “property” means property situate in 1[India].
COMMENTS
Where the property mortgaged as collateral security for loan advanced to defandant by a bank
situated at place ‘J’ then the suit for foreclosure by the bank can only be instituted before Civil
Court at place ‘J’; Central Bank of India v. Eleena Fasteners (P) Ltd., AIR 1999 HP 104.
1. Subs. by Act 2 of 1951, sec. 3, for “the States” (w.e.f. 1-4-1951).
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 Court, the suit may be instituted in any Court within
the local limits of whose jurisdiction any portion of the property is situate :
Provided that, in respect of the value of the subject matter of the suit, the entire claim is
cognizable by such Court.
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 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 instituted in 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.

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[* * *]
2
[Explanation].-A corporation shall be deemed to carry on business at its sole or principal office
in 3[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 object, the suit
cannot proceed without the leave of the Court.
COMMENTS
(i) Facts pleaded which have no bearing with the lis or the dispute involved in the case, do not
give rise to a cause of action so as to confer territorial jurisdiction on the Court concerned. For
that fact pleaded must have relevance to the lis/dispute; Union of India v. Adani Exports Ltd.,
AIR 2002 SC 126.
(ii) Where the agreement stated that jurisdiction regarding all disputes is at Delhi where the
agreement has been signed and executed while the agreement by parties was not signed at Delhi
but at some other place, then the agreement cannot be said to be conferring exclusive jurisdiction
to Civil Court at Delhi. Party can file a suit under section 20(c) at place where cause of action
wholly or partly arose; Jabalpur Cable Network Pvt. Ltd. v. E.S.P.N. Software India Pvt. Ltd.,
AIR 1999 MP 271.
(iii) Where the agreement was an agreement for sale of movable property then sections 16 and 19
would not govern the cause of action in such case but section 20 of the Code would be attracted
for determining jurisdiction of Court; Jabalpur Cable Network Pvt. Ltd. v. E.S.P.N. Software
India Pvt. Ltd., AIR 1999 MP 271.
1. Explanation I omitted by Act No. 104 of 1976, sec. 7 (w.e.f. 1-2-1977).

2. Subs, by Act No. 104 of 1976, sec. 7, for “Explanation II” (w.e.f. 1-2-1977).
21. Objections to jurisdiction.

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[(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 or settled at or before such settlement, and unless there has been a
consequent failure of justice.
2
[(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.]
COMMENTS
There is no intermediary stage for raising an objection to jurisdiction except filing of written
statement and taking that plea unless the matter is covered by section 9A of the Code; B.S.I. Ltd.
v. M.V. “CRISTIAN-C”, AIR 1999 Bom 320.
1. Section 21 renumbered as sub-section (1) thereof by Act No. 104 of 1976, sec. 8 (w.e.f 1-2-
1977).
21A. Bar on suit to set aside decree on objection as to

place of suing.
1
[21A. 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 ].
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.
COMMENTS
(i) Transfer application with allegations against the P.O. Report from P.O. may be called only
with regard to the allegations contained in the transfer application; Pushpa Devi Saraf v. Jai
Narain Parasrampuria, AIR 1992 SC 1133.
(ii) Both husband and wife initiating separate proceeding at different places. Both the
proceedings triable by the same court. Husband’s case to be transferred to the place where wife’s
case is pending; Ms. Shakuntala Modi v. Om Prakash Bharoka, AIR 1991 SC 1104.
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 the
High Court within the local limits of whose jurisdiction the Court in which the suit is brought is
situate.
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 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any
special directions in the case of any order of transfer, either retry it or proceed from the point at
which it was transferred or withdrawn.
2
[(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 section from a Court of Small
Causes shall, for the purposes of such suit, be
deemed to be a Court of Small Causes.

3
[(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.]
1. Subs, by Act No. 104 of 1976, sec. 10 for “thereafter tries such suit” (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976, sec. 10 for sub-section (3) (w.e.f. 1-2-1977).
25. Power of Supreme Court to transfer suits, etc.

1
[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 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.]
COMMENTS
(i) In transfer of suits, appeals or other proceedings paramount consideration is that justice
according to law is done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC 113.
(ii) No case can be transferred to another court unless first Court is biased or some reasonable
grounds exist; Gujarat Electricity Board v. Atmaram Sungomal Poshani, (1989) SCJ 180.
1. Subs. by Act No. 104 of 1976, sec. 11 for s. 25 (w.e.f. 1-2-1977).
26. Institution of suits.

1
[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may
be prescribed.
2
[(2) In every plaint, facts shall be proved by affidavit.]
1. Section 26 renumberd as sub-section 26(1) thereof by Act No. 46 of 1999, section 2 (w.e.f.
1-7-2002).
2. Ins. by Act No. 46 of 1999, section 2 (w.e.f. 1-7-2002).
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 1[on such day not beyond thirty days
from date of the institution of the suit].
1. Added by Act No. 46 of 1999, section 3 (w.e.f. 1-7-2002).

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.
1
[(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].
29. Service of foreign summonses.

1
[Service of foreign summonses.
Summons 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 extent, 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.]
1. Subs. by Act 2 of 1951, sec. 6, for section 29 (w.e.f. 1-4-1951).
* The Central Government has declared that the provisions of this section shall apply to all
Civil Courts in Mongolia, vide G.S.R. 622(E), dated 1st October, 2005.
† The Central Government has declared that the provisions of this Act shall apply to all
Civil Courts in the Kingdom of Bahrain, vide G.S.R. 644(E), dated 22nd October, 2005.
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.
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.
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;
(c) impose a fine upon him 1[not exceeding five thousand rupees];
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
1. Substituted by Act No. 46 of 1999, section 4 (w.e.f. 1 -7-2002) for “not exceeding five
hundred rupees”.
33. Judgment and decree.

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a
decree shall follow
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, 2[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:
1
[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 3[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 therefore shall not lie.
COMMENTS
(i) General provision of section 34 would authorise the Redressal Fora and Commissions to also
grant interest appropriately under the circumstances of each case; Sovintorg (India) Ltd. v. State
Bank of India, AIR 1999 SC 2963.
(ii) The claimants have been allowed interest on the decretal amount from the date of the decree
though the amount of compensation was quantified only from the date of the passing of the
decree. In such circumstances the direction of the Division Bench in the matter of award of
interest is also not liable to be interfered; Municipal Corporation of Delhi v. Sushila Devi, AIR
1999 SC 1929.
1. Added by Act No. 104 of 1976, sec. 13 (w.e.f. 1-7-1977).

2. Subs. by Act 66 of 1956, sec. 2, for certain words (w.e.f. 1-1-1957)
3. Subs. by Act 66 of 1956, sec. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957)
35. Costs.
(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of law
for the time being in force, the costs of and incident to all suits shall be in the discretion of the
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.
1
[***]
COMMENTS
(i) Employer committed default in not remitting premium from salary of an employee to LIC,
Employer was directed to pay cost of proceedings to heirs of employee; Delhi Electric Supply
Undertaking v. Basanti Devi, AIR 2000 SC 43.
(ii) It is necessary to discourage people from bringing petitions which are motivated by mere
personal interests in the name of public interest, for which they have no locus standi. To prevent
and penalise such abuse of the process of the Court in the garb of public interest, the Court
invoked this section and imposed a cost of Rs. 10,000 on the petitioners; Prayag Vyapar Mandal
v. State of Uttar Pradesh, AIR 1997 All 1.
1. Sub-section (3) omitted by Act 66 of 1956, sec. 3 (w.e.f. 1-1-1957)
35A. Compensatory costs in respect of false or vexatious

claims or defenses.
1
[Compensatory costs in respect of false or vexatious claims or defenses.
(1) If any suit or other proceedings 2[including an execution proceedings but 3[excluding an

appeal or a revision]] any party objects to the claim of 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, 4[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 the object or by the party by whom such claim or defence has been put
forward, of cost by way of compensation.
(2) No Court shall make any such order for the payment of an amount exceeding 5[three
thousand rupees] or exceeding the limits of it 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 Provincial Small Cause Courts Act, 1887 (9 of
1887) 6[or under a corresponding law in force in 7[any part of India to which the said Act does
not extend]] and not being a Court constituted 8[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 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
Uttar Pradesh-(i) For sub-section (1) of section 35 A substitute the following.
“(1) If 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 or costs by way of compensation irrespective of the decisions on
other issues in the case”.
[Vide U.P. Act No. 24 of 1954, sec. 2 Sch., Item 5, Entry 1 (w.e.f. 30-11-1954)].
(ii) After sub-section (1) insert the following sub-section, 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
insufficient, compensatory cost under that sub-section.
[Vide U.P. Act No. 57 of 1976, sec. 2 (w.e.f. 1-1-1977)].
1. Section 35A was ins. by Act 9 of 1922, sec. 2, which, under section 1(2) thereof may be
brought into force in any State by the State Government on any specified date. It has been
so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and
Tamil Nadu.
2. Subs. by Act 66 of 1956, sec. 4, for “not being an appeal” (w.e.f. 1-1-1957).
3. Subs, by Act No. 104 of 1976, sec. 14, for “excluding an appeal” (w.e.f. 1-2-1977).
4. Subs. by Act 66 of 1956, sec. 4 for certain words (w.e.f. 1-1-1957).
5. Subs. by Act No. 104 of 1976, sec. 14 for “one thousand rupees” (w.e.f. 1-2-1977).
7. Subs. by the Adoptation of Laws (No. 2) Order, 1956, for “a Part B State”.
8. Ins. by Act 2 of 1951, sec. 7, for “under that Act” (w.e.f. 1-4-1951).
35B. Costs for causing delay.

1
[35B. 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.]
36. Application to orders

1
[36. Application to orders
The provisions of this Code relating to the execution of decree (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 an order).]
1. Subs, by Act No. 104 of 1976, sec. 16 for s. 36 (w.e.f. 1-2-1977).
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.
1
[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.]
1. Sub-section (3) omitted by Act 66 of 1956, sec. 3 (w.e.f. 1-1-1957)
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.
COMMENTS
(i) Retransfer of execution proceedings at the instance of the judgment debtors do not preclude
the decree holders from initiating fresh execution proceedings against other judgement debtors at
original court; Om Prakash v. M/s. Hargovind Raj Kumar, AIR 1993 Raj 68.
(ii) Injunction decree is not enforceable. However, it can be enforced by seeking police aid on
necessary directions from the Court; Matha Gavarayya v. District Collector, E.G. Distt., AIR
1993 AP 103.
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 Court 1[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 the decree may of its own motion send it for execution to any
subordinate Court of competent jurisdiction.
1
[(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.]
2
[(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-Sub-section (3) of section 39 shall be substituted.
“(3) For the purpose 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 No. 31 of 1978, sec. 2 (w.e.f. 1-8-1978)].
1. Ins. by Act No. 104 of 1976, S. 18 (w.e.f. 1-2-1977).

2. Ins. by CPC Act No. of 2002 section 2 (w.e.f. 1 -7-2002).
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.
42. Powers of Court in executing transferred decree.

1
[(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.
2
[(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 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 Courts 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 sub-
rule (1) of rule 50 of Order XXI.]
STATE AMENDMENT
Uttar Pradesh-Section 42 shall be substituted by following.
“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 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 transfer of a decree.”
[Vide U.P. Act No. 14 of 1970, sec. 2 (w.e.f. 8-4-1970)].
1. Section 42 renumbered as sub-section (1) thereof by Act No. 104 of 1976, sec. 19 (w.e.f. 1-
2-1977)
43. Execution of decrees passed by Civil Courts in

places to which this Code does not extend.
1
[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 in the manner herein provided within the jurisdiction of any
Court in the territories to which this Code extends].
1. Subs. by Act 2 of 1951, sec. 8, for section 43 (w.e.f. 1-4-1951)
44. Execution of decrees passed by Revenue Court in

places to which this Code does not extend.
1
[Execution of decrees passed by Revenue Court 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].
1. Subs. by Act 2 of 1951, sec. 9, for section 44 (w.e.f. 1-4-1951)

44A. Execution of decrees passed by Courts in
reciprocating territory.
1
[44A. Execution of decrees passed by Courts in reciprocating territory.
(1) Where a certified copy of decree of any of the superior Courts of 2[***] any reciprocating
territory has been filed in a District Court, the decree may be executed in 3[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.
4
[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 to 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.]]
1. Ins. by Act 8 of 1937, sec. 2

2. The words “United Kingdom or: omitted by Act 71 of 1952, sec. 2
4. Subs. by Act 71 of 1952, sec. 2, for Explanation 1 to 3.
45. Execution of decrees outside India.

1
[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 to send a
decree for execution to any Court established 2[***] by the authority of the Central
Government3[outside India] to which the State Government has by notification in the Official
Gazette declared this section to apply].
STATE AMENDMENTS
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 No. 26 of 1968, sec. 3(i) and Sch., Pt II (w.e.f. 5-9-1968)].
1. Subs. by the A.O. 1937, for section 45.

2. The words “or continued” omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for “in any Indian State.”
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 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.
1
[* * * *]
(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.
2
[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.
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.]
COMMENTS
(i) Executing court has to first decide whether preliminary decree in question is severable from
final degree and can be executed independently. If not, then only after passing of the final decree
it can be executed; Md. Serajuddin v. Md. Abdul Khalique, AIR 2005 Gauhati 40.
(ii) Once decree reached finality, it is not open to judgement-debtor to plead new facts in
execution proceedings; Pothuri Thulasidas v. Potru Nageswara, AIR 2005 AP 171.
(iii) Suit was not ‘in reality’ one in the nature of execution of the earlier order of eviction in
favour of plaintiff and is not barred. Suit based upon fresh cause of action. The High Court was
wrong in treating present suit as one ‘virtually’ for execution of the order of eviction passed in
the earlier rent control case. Hence the ban under section 47 cannot apply; Ajit Chopra v. Sadhu
Ram, AIR 2000 SC 212.
(iv) An executing court granted decree for interest which was not part of the decree for execution
on ground of delay and unreasonable stand taken in execution. Since the executing court cannot
travel beyond decree under execution, the said decree was held to be without jurisdiction;
Kameshwar Das Gupta v. State of Uttar Pradesh, AIR 1997 SC 410.
(v) New plea cannot be allowed to be raised for the first time in execution proceedings; Jalada
Daland Uchha Bidyapith v. State of Orissa, AIR 1993 Ori 257: 1993 (1) Ori LR 77.
(vi) Execution of the decree ought not to be refused, unless the decree itself is a nullity; Jalada
Daland Uchha Bidyapith v. State of Orissa, AIR 1993 Ori 257: 1993 (1) Ori LR 77.
(vii) Injunction decree can be enforced by the legal heir of the decree holder against the J.O. after
the death of the decree holder; D’souza, J. v. A. Joseph, AIR 1993 Kant 68: ILR (Kant) (1992)
2972.
(viii) Death of the decree holder during pendency of the execution proceedings. His legal
representative can continue the proceedings after obtaining the succession certificate;
Kariyamma v. Assistant Commissioner and Land Acquisition Officer, AIR 1993 Karn 321: 1993
(1) Civ LJ 297: 1992 (3) Cur CC 664.
(ix) In absence of any challenge to decree no objection can be raised in execution; State of
Punjab v. Mohinder Singh Randhawa, AIR 1992 SC 473.
(x) Auction sale held in execution of final decree can be set aside under section 47 on
displacement by Appellate Court of preliminary decree on which final decree was based; Kumar
Sudhendu Narain Deb v. Renuka Biswas, AIR 1992 SC 385.
1. Sub-section (2) omitted by Act No. 104 of 1976, sec. 20 (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976, sec. 20 for Explanation (w.e.f. 1-2-1977). Earlier
Explanation was ins. by Act 66 of 1956, sec. 5 (w.e.f. 1-1-1957).
48. Execution barred in certain cases.

Rep. by the limitation Act, 1963(36 of 1963), s. 28 (with effect from the 1st January, 1964)
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.
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 the sale without attachment of any property;
(c) by arrest and detention in prison 1[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:
2
[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,-
(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 section 51 of the Code Clause (bb) shall be inserted after clause (b).
“(bb) by transfer other than sale by attachment or without attachment of any property”
[Vide U.P. Act No. 24 of 1954, sec. 2 and Sch I, Item 5, Entry 4 (w.e.f. 30-11-1954)].
COMMENTS
Money decree passed against the company and its managing director. Held, the decree is not
passed against Managing Director in his individual capacity. He cannot be sent to jail in
enforcement of the decree; M/s. March Ltd. (In Liqn.), Chandigarh v. M/s. Pan India Plastic Pvt.
Ltd., New Delhi, AIR 1993 P&H 215: 1993 (1) Bank LT 127: 1993 (1) Land LR 431.
—————
2. Ins. by Act 21 of 1936, sec. 2.
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 shares, of such estates.
STATE AMENDMENT
Karnataka:– For section 54, substitute the following section, namely:-
“54. Partition of Estate or sepration 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 share of such an estate, the partition of the
estate or the separation of the 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 neccessary on the report of a revenue officer, not below the rank of
tehsildar or such other person as the Court may appoint as Commissioner in that behalf.”
[Vide Karnataka Act 36 of 1998, sec. 2.]
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 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 1[may be discharged], if he has not committed any act of bad faith
regarding the subject of the application and if he complies with 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 2[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.
1. Subs. by Act 3 of 1921, sec. 2, for “will be dicharged”.

2. Subs. by Act 3 of 1921, sec. 2, for “shall release”.
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.
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 12 [five thousand rupees],
for a period not exceeding three months, and]
3
[(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 expiration of the 4[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.
5
[(1A) 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 amount of the decree does not exceed 6[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.
1. Subs, by Act No. 104 of 1976, sec. 22, for “fifty rupees, for a period of six months, and”
(w.e.f. 1-2-1977).
2. Subs, by Act No. 46 of 1999, section 5 for “one thousand rupees”, (w.e.f. 1-7-2002).
3. Clause (b) subs. by Act 104 of 1976, sec. 22 (w.e.f. 1-2-1977) and again subs. by Act 46 of
1999, sec. 5 (w.e.f. 1-7-2002)
4. Subs. by Act 104 of 1976, sec. 22 for certain words (w.e.f. 1-2-1977)
5. Ins. by Act No. 104 of 1976, s. 22, (w.e.f. 1-2-1977).
6. Subs. by Act No. 46 of 1999 section 5 for “five hundred rupees” (w.e.f. 1-7-2002).
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 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 re-arrested, but the period of his
detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.
60. Property liable to attachment and sale in execution of

decree
1
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 properties 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
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 2[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 Government 3[or of a local authority or of
any other employer], or payable out of any service family pension fund 4notified in the Official
Gazette by 5[the Central Government or the State Government] in this behalf, and political
pension;
6
[(h) the wages of labourers and domestic servants, whether payable in money or in kind 7[***];]
8
[(i) salary to the extent of 9[the first 10[11[one thousand rupees]] and two-thirds of the
remainder] 12[in execution of any decree other than a decree for maintenance]:
13
[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;]]
14
(ia) one-third of the salary in execution of any decree for maintenance;]
[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the
15
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 fund to which the Provident
Funds Act, 16[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;
[(ka) all deposits and other sums in or derived from any fund to which the Public Provident
17
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 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;]
[(l) any allowance forming part of the emoluments of any 19[servant of the Government] or of
18
any servant of a railway company or local authority which the 20[appropriate Government] may
by notification in the Official Gazette declare to be exempt from attachment, and any subsistence
grant for allowance made to 21[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 22[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.
23
[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.]
[Explanation II.—In clauses (i) and (ia)] “salary” means the total monthly emoluments,
24
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.
25
[Explanation 26[III].—In clause (l) “appropriate Government” means—
(i) as respect any 27[person] in the service of the Central Government, or any servant of 28[a
Railway Administration] or of a cantonment authority or of the port authority of a major port, the
Central Government;
29
[***]
(iii) as respects any other servant of the Government or a servant of any other 30[***] local
authority, the State Government.]
31
[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.]
[(1A) Notwithstanding anything contained in any other law for the time being in force, an
32
agreement by which a person agrees to waive the benefit of any exemption under this section
shall be void.]
(2) Nothing in this section shall be deemed 33[***] 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 any such house,
building, site or land, 34[***].
35
[***]
STATE AMENDMENTS
Andhra Pradesh.—In section 60, in sub-section (1), in the proviso, in clause (g), in its application
to the Andhra Area of the State of Andhra Pradesh, after the words “stipends and gratuities,
allowed to pensioners of the Government”, insert the words “or of a local authority”.
[Vide Code of Civil Procedure (Andhra Pradesh) (Andhra Area) Amendment Act, 1950 (34 of
1950) as amended by the Andhra Pradesh Act 9 of 1961.]
In its application to the whole of the State of Andhra Pradesh,—
A. (i) In section 60, in sub-section (i), in the proviso, after clause (k), insert the following clause,
namely:—
“(kk) amount payable: under policies issued in pursuance of the rules for the Andhra Pradesh
Government Life Insurance and Provident Fund and the Hyderabad State Life Insurance and
Provident Fund;”
(ii) In section 60, in sub-section (1), after Explanation 2, insert the following Explanation,
namely:—
“Explanation 2A.—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.”
[Vide Code of Civil Procedure (Andhra Pradesh) (Telangana Area) Amendment Act 11 of 1953,
as amended by the Andhra Pradesh Act 10 of 1962.]
B. (i) In section 60, in sub-section (1), in the proviso, after clause (kk), insert the following
clause, namely:—
“(kkk) amounts payable under the Andhra Pradesh State Employees’ Family Benefit Fund
Rules;”;
(ii) in Explanation 2 A, for the expression “clause (kk)”, substitute the expression “clauses (kk)
and (kkk)”.
[Vide Andhra Pradesh Act 24 of 1979, sec. 2 (w.e.f. 5-9-1979).]
In its application to the Telangana area of the State of Andhra Pradesh in section 60, in sub-
section (1):—
(i) in the proviso, after clause (g), insert the following clause, namely:—
“(gg) pension granted or continued by the Central Government, the Government of the pre
reorganisation Hyderabad State or any other State Government on account of past services or
present infirmities or as a compassionate allowance; and”
(ii) after Explanation 2, insert Explanation 2A which is same as given above with the addition of
the words, brackets and letters “clause (gg) or” after the words “under the provisions of”.
[Vide Andhra Pradesh Act 18 of 1953 (w.e.f. 2-12-1953).]
Chandigarh.—Same as in Punjab.
Delhi.—Same as in Punjab.
Gujarat.—In section 60, in sub-section (1),—
(a) in the proviso, after clause (g), insert the following clause, namely:—
“(gg) stipends and gratuities allowed to pensioners of a local authority, and”
(b) in Explanation I, after the brackets and letter “(g)”, insert the brackets and letters “(gg)”.
[Vide Code of Civil Procedure (Bombay Amendment) Act, 1948 (Bombay Act 60 of 1948), sec.
2 (w.e.f. 30-11-1948).]
Haryana.—Same as in Punjab.
Himachal Pradesh.—In section 60, in sub section (1), in the proviso,—
(i) in clause (c), at the end, insert the following:—
“or compensation paid for such houses and buildings (including compensation for the materials
and the sites and the land referred to above) acquired for a public purpose”;
(ii) after clause (c), insert the following, clause, namely:—
“(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a
public purposes;”
[Vide Civil Procedure Code (Himachal Pradesh Amendment) Act 6 of 1956.]

Karnataka.—In section 60, in sub-section (1), in the proviso, after clause (p), insert the
following clause, 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 Karnataka 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,
or in the event of his death to his nominee or other person or persons entitled to such bonus
under the said rules.”
[Vide Civil Procedure Code (Mysore Amendment) Act 14 of 1952.]
Kerala.—In section 60, in sub-section (1), in the proviso—
(i) in clause (g), after the words “stipends and gratuities allowed to pensioners”, insert the words
“or of a local authority”.
[Vide Kerala Act 13 of 1957, sec. 3 (w.e.f. 1-10-1958).]
[Ed.—This amendment in clause (g) was made prior to the amendment made by the Central act
104 of 1976, sec. 23 (w.e.f. 1-2-1977).]
(ii) after clause (g), insert the following clause, namely:—
“(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, sec. 2 (w.e.f. 5-1-1988).]
Maharashtra.—In Section 60, 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), insert the following clause, 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 Maharashtra Act 65 of 1977, sec. 6 (w.e.f. 19-12-1977).]
Pondicherry.— Same as in Tamil Nadu.
[Vide Pondicherry Act 26 of 1968.]
Punjab.—In its application to the State of Punjab including the Pepsu area thereof as it was
immediately before the 1st November, 1956,—
(a) in section 60, 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, namely:—
“not proved by the decree holder to have been let out on rent or lent to persons other than his
father, mother, wife, daughter-in-law, brother, sister or other dependants or left vacant for a
period of a year or more”.
(ii) after clause (c), insert the following clauses, namely:—
“(cc) milch animals, whether in milk or in calf, kids, animals used for the purposes of transport
of 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 recovered.”
(b) In Section 60, after sub-section (2), insert the following sub-sections, namely:—
“(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 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 7 of 1934, sec. 35 as amended by Punjab Acts 12 of
1940, 6 of 1942 and 14 of 1960 (w.e.f. 30-12-1960).]
Rajasthan.—In Section 60, in sub section (1), in the proviso,—
(i) in clause (b) after the word “agriculturist,” insert the words “his milch cattle and those likely
to calve within two years,”;
[Vide Rajasthan Act 19 of 1958 (w.e.f. 18-4-1958).]
(ii) after clause (k), insert the following clause, namely:—
“(kk) moneys payable under Life Insurance Certificates issued in pursuance of the Rajasthan
Government Servants Insurance Rules, 1953;”
(iii) In Section 60, in sub-section (1), after Explanation 3, insert the following Explanation,
namely:—
“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 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, sec. 2 (w.e.f. 6-6-1957).]
Tamil Nadu.—In section 60, in sub-section (1), in the proviso, after the words “stipends and
gratuities allowed to the pensioners of the Government”, insert the words “or of a local
authority”.
[Vide Code of Civil Procedure (Madras Amendment) Act (34 of 1950).]
This Act has been extended to Kanya Kumari district and Shen Cottah taluk of the Tirunelveli
District by the Madras by the Andhra Pradesh and Madras (Alteration Boundaries) (Act 66 of
1959) by the Madras (Added Territories) Adaptation of Laws Order, 1961.
Uttar Pradesh.—In section 60, in sub-section (1), after Explanation 1, insert the following
Explanation, namely:—
“Explanation 1A.— Particulars mentioned in clause (c) are exempt from sale in execution of a
decree whether passed before or after the commencement of the Civil Procedure Code (United
Provinces Amendment) Act, 1948, for enforcement of a mortgage of charge thereon.”
[Vide the Code of Civil Procedure (Uttar Pradesh Amendment) Act 35 of 1948, sec. 2 (w.e.f. 28-
8-1948).]
COMMENTS
Immunity from attachment with regard to residential house is not available to debtor unless he
establishes connection between the agricultural operations carried on by him and the house
sought to be attached; Paruchuru Narasimha Rao v. Nune Pandu Ranga Rao, AIR 1994 AP 197.
—————
1. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of
Indebtedness Act, 1934 (Punjab Act 7 of 1934), sec. 35, as amended by Punjab Acts 12 of
1940 and 6 of 1942.
2. Subs. by Act 104 of 1976, sec. 23, for “an agriculturist” (w.e.f. 1-2-1977).
4. For such a notification, see Gazette of India, 1909, Pt. I, p. 5.
5. Subs. by the A.O. 1937, for “the G.G. in C.”
6. Subs. by Act 9 of 1937, sec. 2, for clauses (h) and (i). 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, sec. 3.
7. The words “and salary, to the extent of the first hundred rupees and one-half the
remainder of such salary” omitted by Act 5 of 1943, sec. 2.
8. Subs. by Act 5 of 1943, sec. 2, for clause (i) and proviso.
9. Subs. by Act 26 of 1963, sec. 2, for “the first hundred rupees”.
10. Subs. by Act 104 of 1976, sec. 23, for “two hundred rupees and one-half the remainder”
(w.e.f. 1-2-1977).
11. Subs. by Act 46 of 1999, sec. 6, for “four hundred rupees” (w.e.f. 1-7-2002).
13. Subs. by Act 104 of 1976, sec. 23, for the proviso (w.e.f. 1-2-1977).
15. Subs. by Act 104 of 1976, sec. 23, for clause (j) (w.e.f. 1-2-1977).
16. Subs. by Act 9 of 1937, sec. 2, for “1897”.
18. Subs. by Act 9 of 1937, sec. 2, for clause (l).
19. Subs. by Act 5 of 1943, sec. 2, for “public officer”.

20. Subs. by the A.O. 1937, for “G.G. in C.”
21. Subs. by Act 5 of 1943, sec. 2, for “any such officer or servant”.
22. Subs. by A.O. 1937, for “any law passed under the Indian Councils Acts, 1861 and
1892”.
23. Subs. by Act 104 of 1976, sec. 23, for Explanation 1 (w.e.f. 1-2-1977).
24. Subs. by Act 104 of 1976, sec. 23, for “Explanation 2.—In clauses (h) and (i)” (w.e.f.
1-2-1977).
25. Ins. by the A.O. 1937.
26. Subs. by Act 104 of 1976, sec. 23, for “3” (w.e.f. 1-2-1977).
27. Subs. by Act 5 of 1943, sec. 2, for “public officer”.
28. Subs. by the A.O. 1950, for “a Federal Railway”.
29. Clause (ii) omitted by the A.O. 1948.
30. The word “railway or” omitted by the A.O. 1950.
33. The letter and brackets “(a)” rep. by Act 10 of 1914, sec. 3 and Sch. II. 34. The word
“or” rep. by Act 10 of 1914, sec. 3 and Sch. II.
35. Clause (b) rep. by Act 10 of 1914, sec. 3 and Sch. II.
61. Partial exemption of agricultural produce.

The State Government 1[***] 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 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 exaction of a decree.
1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, sec.
2 and Sch. I
62. Seizure of property in dwelling-house.
(1) No person executing any process under this Code directing or authorizing 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.
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 realize such property and shall
determine any claim thereto 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.
1
[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.]
64. Private alienation of property after attachment to be

void.
1
[(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.
2
[(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.
Comments
Sale of attached property before dismissal of execution application is void; Nancy John Lyndon
v. Prabhati Lal Chodhury, AIR 1987 SC 2061.
1. Section 64 renumbered as sub-section (1) of that section by Act 22 of 2002, sec. 3 (w.e.f.
1-7-2002).
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
[Rep. by Benami Transactions (Prohibition) Act, 1988 (45 of 1988), sec. 7 (w.e.f. 19-5-1988).]
67. Power for State Government to make rules as to

sales of land in execution of decrees for payment of
money.
1
[(1)] The State Government 2[***] 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
undermined as, in the opinion of the State Government to make it impossible to fix their value.
3
[(2) When on the date on which this Code came into operation in any local area, any special
rules as to sale of and in execution of decrees were in force therein, the State Government may,
by notification in the Official Gazette, declare such rules to be in force, or may 4[***] by a like
notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out
the rules so continued or modified.]
4
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before
the State Legislature.]
1. Section 67 renumbered as sub-section (1) of that section by Act 1 of 1914, sec. 3.

2. The words “with the previous sanction of the G.G. in C.,” omitted by Act 38 of 1920, sec.
2 and Sch. I.
3. Added by Act 1 of 1914, sec. 3.
4. Ins. by Act No. 20 of 1983, sec. 2 and Sch. (w.e.f. 15-3-1984).
68-72. Repealed
68.-72. Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7. (w.e.f.
1-1-1957).
73. Proceeds of execution-sale to be rateably distributed

among decree-holders.
(1) Where assests are held by a Court and more persons than one have, before the receipt of such
assests, 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 assests,
after deducting the costs of realization, shall be rateably distributed among all such persons :
Provided as follows :-
(a) where any property is sold subject to a mortgage or charge, the mortgage 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
charges 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 moneys 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, 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.
COMMENTS
The debts due to the State are entitled to priority over all other debts; Union of India v.
Somasundaram Mills (P) Ltd., AIR 1985 SC 407.
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.
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;

1
[(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 within 1[India].
1. Subs. by Act 2 of 1951, sec. 3, for “the States”.
78. Commissions issued by foreign Courts.

1
[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 issue by or as 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.]
79. Suits by or against Government

1
[Suits by or against Government
In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the
case may be, shall be-
(a) in the case of a suit by or against the Central Government,2[the Union
of India], and
(b) in the case of a suit by or against a State Government, the State.
1. Subs. A.O. 1948, for section 79.

2. Subs. by the A.O. 1950, for “the Dominion of India”.
80. Notice.
1
[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the
Government (including the Government of the State of Jammu & Kashmir)] or against a public
officer in respect of any act purporting to be done by such officer in his official capacity, until
the expiration of two months next after notice in writing has been 4[delivered to, or left at the
office of]-
(a) in the case of a suit against the Central Government, 5[except where it relates to a railway], a
Secretary to that Government;
[ [(b)] in the case of a suit against the Central Government where it relates to railway, the
6 7
General Manager of that railway];

8
[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief
Secretary to that Government or any other officer authorised by that Government in this behalf;]
(c) in the case of a suit against 9[any other State Government], a Secretary to that Government or
the Collector of the district; 10[***]
11
[***]
and, in the case of a public officer, delivered to him or left at this office, stating the cause of
action, the name, description and place of residence of the plaintiff and the relief which he
claims; and the plaint shall contain a statement that such notice has been so delivered or left.
12
[(2) A suit to obtain an urgent or immediate relief against the Government (including the
Government of the State of Jammu & Kashmir) or any public officer in respect of any act
purporting to be done by such public officer in his official capacity, may be instituted, with the
leave of the Court, without serving any notice as required by sub-section (1); but the Court shall
not grant relief in the suit, whether interim or otherwise, except after giving to the Government
or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the
relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or
immediate relief need be granted in the suit, return the plaint for presentation to it after
complying with the requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be dismissed merely by
reason of any error or defect in the notice referred to in sub-section (1), if in such notice-
(a) the name, description and the residence of the plaintiff had been so given as to enable the
appropriate authority or the public officer to identify the person serving the notice and such
notice had been delivered or left at the office of the appropriate authority specified in sub-section
(1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
STATE AMENDMENTS
Madhya Pradesh –(i) After sub-section (3) of Section 80 the following inserted:
“(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a
defendant or non applicant or where the Court orders joinder of the State as defendant or non
applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be
dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section
(1)”.
(ii) In sub-section (1) of section 80 for the words “sub-section (2)” substitute “sub-section (2) or
(4)”. [M.P. Act No. 29 of 1984].
1. Sec. 80 renumbered as sub-section (1) of that section by Act No. 104 of 1976, sec. 27
(w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976, sec. 27 for “No suit shall be instituted’ (w.e.f. 1-2-1977).
3. Subs. by Act 26 of 1963, sec. 3 for “shall be instituted against the Government” (w.e.f. 5-
6-1964). The words in italics were subs. by the A.O. 1948 for “instituted against the
Crown”.
4. Subs. by the A.O. 1937, “in case of the Secretary of State in Council, deliver to , or left at
the office of a Secretary to the L.G. or the COntroller ofn the district”.
5. Ins. by Act 6 of 1948, sec. 2.
6. Clause (aa) ins. by Act 6 of 1948, sec. 2.
7. Clause (aa) relettered as clause (b) and the former clause (b) omitted by the A.O. 1948.
8. Ins. by the Act 26 of 1963, sec. 3 (w.e.f. 5-6-1964).
9. Subs. by the Act 26 of 1963, sec. 3 for “a State Government” (w.e.f. 5-6-1964).
10. The word “and” omitted by the A.O. 1948.
11. Clause (d) omitted by the A.O. 1948.
81. Exemption from arrest and personal appearance.

In a suit instituted against a public officer in respect of any act purporting to be done by him in
his official capacity-
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in
execution of a decree, and
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without
detriment to the public service, it shall exempt him from appearing in person.
82. Execution of decree.
1
[(1) Where, in a suit by or against the Government or by or against a public officer in respect of
any act purporting to be done him in his official capacity, a decree is passed against the Union of
India or a State or, as the case may be, the public officer, such decree shall not be executed
except in accordance with the provisions of sub-section (2)].
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period
of three months computed from the date of
2
[such decree].
3
[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as
they apply in relation to a decree, if the order or award-
(a) is passed or made against 4[the Union of India] or a State or a public officer in respect of any
such act as aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this Code or of any other law for the
time being in force as if it were a decree.]
1. Subs, by Act No. 104 of 1976 for sub-section (1) (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976 for “such report” (w.e.f. 1-2-1977).
3. Ins. by Act 32 of 1949, sec. 2.
4. Subs. by the A.O. 1950, for “the Dominion of India”.
83. When aliens may sue.

Alien enemies residing in India with the permission of the Central Government, and alien
friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of
India, but alien enemies residing in India without such permission, or residing in a foreign
country, shall not sue in any such court.
Explanation-Every person residing in a foreign country, the Government of i which is at war

with India and carrying on business in that country without a licence in that behalf granted by the
Central Government, shall, for the purpose of this section, be deemed to be an alien enemy
residing in a foreign country.
84. When foreign State may sue.

A foreign State may sue in any competent Court:
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State
or in any officer of such State in his public capacity.
85. Persons specially appointed by Government to
prosecute or defend on behalf of foreign Rulers.
(1) The Central Government may, at the request of the Ruler of a foreign State or at the request
of any person competent in the opinion of the Central Government to act on behalf of such Ruler,
by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any
persons so appointed shall be deemed to be the recognized agents by whom appearances, acts
and applications under this Code may be made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of
several specified suits, or for the purpose of all such suits as it may from time to time be
necessary to prosecute or defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make
appearances and applications and do acts in any such suit or suits as if he were himself a party
thereto.
86. Suits against foreign Rulers, Ambassadors and

Envoys.
(1) No [* * * *]1 foreign State may be sued in any Court otherwise competent to try the suit
except with consent of the Central Government certified in writing by a Secretary to that
Government:
Provided that a person may, as a tenant of immovable property sue without such consent as
aforesaid 2[a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with
respect to all suits of any specified class or classes, and may specify, in the case of any suit or
class of suits, the Court in which 3[the foreign State] may be sued, but it shall to be given, unless
it appears to the Central Government that 3[the foreign State].
(a) has instituted a suit in the Court against the person desiring to sue 4[it], or
(b) 5[itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with
reference to such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to 4[it] by this section.
6
[(3) Except with the consent of the Central Government, certified in writing by a Secretary to
that government, no decree shall be executed against the property of any foreign State.]
(4) The proceeding provisions of this section shall apply in relation to –

7
[(a) any Ruler of a foreign State;]
8
[(aa)] any ambassador or Envoy of a foreign State ;
(b) any High Commissioner of a Commonwealth country; and
(c) any such member of the staff 9[of the foreign State or the staff or retinue of the Ambassador]
or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the
Central Government may, by general or special order, specify in this behalf.
10
[as they apply in relation to a foreign State].
7
[(5) the following persons shall not be arrested under this Code, namely : –
(a) any ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country;
(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler,
Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth
country, as the Central Government may, by general or special order, specify in this behalf.
(6) Where a request is made to the Central Government for the grant of any consent referred to in
sub-section (1), the Central Government shall, before refusing to accede to the request in whole
or in part, give to the person making the request a reasonable opportunity of being heard.]
1. The words “Ruler of a” omitted by Act No. 104 of 1976, sec. 29 (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976, sec. 29, for “a Ruler” (w.e.f. 1-2-1977).
3. S ubs. by Act No. 104 of 1976, sec. 29, for “the Ruler” (w.e.f. 1 -2-1977).
4. Subs, by Act No. 104 of 1976, sec. 29, for “him” (w.e.f. 1-2-1977).
5. Subs, by Act No. 104 of 1976, sec. 29, for “himself (w.e.f. 1- 2-1977).
6. Subs, by Act No. 104 of 1976, sec. 29, for sub-section (3) (w.e.f. 1-2-1977).
8. Cl. (a) re-lettered as cl. (aa) by Act No. 104 of 1976, sec. 29, (w.e.f. 1-2-1977).
9. Subs, by Act No. 104 of 1976, sec. 29, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-
2-1977).
10. Subs, by Act No. 104 of 1976, sec. 29, for “as they apply in relation to the Ruler of a
foreign State” (w.e.f. 1-2-1977).
87. Style of foreign Rulers as parties to suits.

The Ruler of a foreign State may sue, and shall be sued, in the name of his State:
Provided that in giving the consent referred to in section 86, the Central Government may direct
that the Ruler may be sued in the name of an agent or in any other name.
87A. Definitions of “foreign State” and “Ruler”.
(1) In this Part,-
(a) “foreign State” means any State outside India which has been recognised by the Central
Government; and
(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized
by the Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact –
(a) that a state has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a
State.
87B. Applications of sections 85 and 86 to Rulers of

former Indian States.
1
[(1) In the case of any suit by or against the Ruler of any former Indian State which is based
wholly or in part upon a cause of action which arose before the commencement of the
Constitution or any proceedings arising out of such suit, the provisions of section 85 and sub-
sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to
the Ruler of a foreign State].]
(2) In this section-
(a) “former Indian State” means any such Indian State as the Central Government may, by
notification in the Official Gazette, specify for the purposes of this;2[***]
3
[(b) “commencement of the Constitution” means the 26th day of January, 1950; and
(c) “Ruler” in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution.]
1. Subs. by Act 54 of 1972, sec. 3, for sub-section (1) (w.e.f. 9-9-1972).

2. The word “and” omitted by Act 54 of 1972, sec. 3 (w.e.f. 9-9-1972).
3. Subs. by Act 54 of 1972, sec. 3, for clause (b) (w.e.f. 9-9-1972).
88. Where interpleader suit may be reinstituted.

Where two or more persons claim adversely to one another the same debts, sum of money or
other property, movable or immovable, from another person, who claims no interest therein other
than for charges or costs and who is ready to pay or deliver it to the rightful claimant such other
person may institute a suit of interpleader against all the claimants for the purpose of obtaining a
decision as to the person to whom the payment or delivery shall be made and of obtaining
indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided,
no such suit of interpleader shall be instituted.
89. Settlement of disputes outside the Court

1
[89. Settlement of disputes outside the Court.
(1) Where it appears to the court that there exist elements of a settlement which may be
acceptable to the parties, the court shall formulate the terms of settlement and give them to the
parties for their observations and after receiving the observation of the parties, the court may
reformulate the terms of a possible settlement and refer the same for-
(a) arbitration;
(b) conciliation
(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation.
(2) Where a dispute had been referred-
(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996
shall apply as if the proceedings for arbitration or conciliation were referred for settlement under
the provisions of that Act.
(b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the
provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 and all
other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;
(c) for judicial settlement, the court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal
Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the
provisions of that Act;
(d) for mediation, the court shall effect a compromise between the parties and shall follow such
procedure as may be prescribed.]
1. Sec. 89 was repealed by Act 10 of 1940, sec. 49 and Sch. II and again added by Act No. 46
of 1999, section 7 (w.e.f. 1-7-2002).
90. Power to state case for opinion of Court.
Where any person agree in writing to state a case for the opinion of the Court, then the Court
shall try and determine the same in the manner prescribed.
91. Public nuisances and other wrongful acts affecting

the public.
1
[Public nuisances and other wrongful acts affecting the public]
[(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public,
a suit for a declaration and injunction or for such other relief as may be appropriate in the
circumstances of the case, may be instituted,-
(a) by the Advocate General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been
caused to such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which
may exist independently of its provisions.
1. Subs. by Act No. 104 of 1976, sec. 30 for the former heading (w.e.f. 1-2-1977).
92. Public charities.

1
[Public charities.
(1) In the case of any alleged breach of any express or constructive trust created for public
purposes of a charitable or religious nature, or where the direction of the Court is deemed
necessary for the administration of any such trust, the Advocate-General, or two or more persons
having an interest in the trust and having obtained the 2[leave of the Court] may institute a suit,
whether contentious or not, in the principal Civil Court of original jurisdiction or in any other
Court empowered in that behalf by the State Government within the local limits of whose
jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a Aectee,-
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;

3
[(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to
deliver possession of any trust property in his possession to the person entitled to the possession
of such property];
(d) directing accounts and inquires;
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to
any particular object of the trust;
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or
exchanged;
(g) settling a scheme; or
(h) granting such further or other relief as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (20 of 1863) 4[or by any
corresponding law in force in 5[the territories which, immediately before the 1st November,
1956, were comprised in Part B States]], no suit claiming any of the reliefs specified in sub-
section (1) shall be instituted in respect of any such trust as is therein referred to except in
conformity with provisions of that sub-section.
6
[(3) The Court may alter the original purposes of an express or constructive trust created for
public purposes of a charitable or religious nature and allow the property or income of such trust
or any portion thereof to be applied cy pres in one or more the following circumstances,
namely :-
(a) where the original purposes of the trust, in whole or in part,-
(i) have been, as far as may be, fulfilled; or
(ii) cannot be carried out at all, or cannot be carried out according to the directions given in the
instrument creating the trust or, where there is no such instrument, according to the spirit of the
trust;
(b) where the original purposes of the trust provide a use for a part only of the property available
by virtue of the trust; or
(c) where the property available by virtue of the trust and other property applicable for similar
purposes can be more effectively used in conjunction with, and to that end can suitably be made
applicable to any other purpose, regard being had to the spirit of the trust and its applicability to
common purposes; or
(d) where the original purposes, in whole or in part, were laid down by reference to an area
which then was, but has since ceased to be, a unit for such purposes; or
(e) where the original purposes, in whole or in part, have, since they were laid down,-
(i) been adequately provided for by other means, or
(ii) ceased, as being useless or harmful to the community, or
(iii) ceased to be, in law, charitable, or

(iv) ceased in any other way to provide a suitable and effective method of
using the property available by virtue of the trust, regard being had to the spirit of the trust.]]
STATE AMENDMENT
Uttar Pradesh-After clause (b) of sub-section (1) of section 92 insert the following: “
(bb) for delivery of possession of any trust property against a person who has ceased to be trustee
or has been removed.”
[Vide U.P. Act No. 24 of 1954, sec. 2 and Sch., Item 5, Entry 5 (w.e.f. 30-11-1954).]
COMMENTS
(i) Suit against the appointment of trustees—Held, court cannot enquire whether the trustees
were validly appointed under provisions of section 92; Duttgir Mahant v. Rishi Ram, AIR 1993
P&H 231: 1993(1) Cur LJ 209: (1993) 1 Pun LR 95.
(ii) Sale of property of religious and charitable endowments by private negotiation should not be
permitted by court unless justified by special reasons; R. Venugopala Naidu v. Venkatarayulu
Naidu Charities, AIR 1990 SC 444.
1. Section 92 shall not apply to any religious trust in Bihar.

2. Subs. by Act No. 104 of 1976 for “consent in writing of the Advocate-General” (w.e.f. 1-
2-1977).
4. Ins. by Act 2 of 1951, sec. 13 (1-4-1951).
5. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”.
93. Exercise of powers of Advocate-General outside

presidency-towns.
The powers conferred by sections 91 and 92 on the Advocate-General may, outside the
presidency-towns, be, with the previous sanction of the State Government, exercised also by the
Collector or by such officer as the State Government may appoint in this behalf.
94. Supplemental Proceedings.

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed,-
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he
should not give security for his appearance, and if he fails to comply with any order for security
commit him so the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
COMMENTS
(i) Provisional admission in post-graduate medical course should not be normally granted in
absence of special reason; U.P. Junior Doctors’ Action Committee v. Dr. B. Sheetal Nandwani,
AIR 1992 SC 671.
(ii) Supreme Court will abstain from passing interlocutory order if it has effect or tend to be
susceptible of an inference of pre-judging some important and delicate issue in main matter;
Sub-Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63.
95. Compensation for obtaining arrest, attachment or

injunction on insufficient grounds.
Where, in any suit in which an arrest or attachment has been effected or a temporary injunction
granted under the last preceding section,-
(a) it appears to the Court that such arrest, attachment or injunction was applied for on
insufficient grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or
probable grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against
the plaintiff by its order such amount, 1[not exceeding fifty thousand rupees], as it deems a
reasonable compensation to the defendant for the 2[expense or injury (including injury to
reputation) caused to him];
Provided that a Court shall not award, under this section, an amount exceeding the limits of its
peculiar jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of
such arrest, attachment or injunction.
1. Subs, by Act No. 46 of 1999, section 8 for “not exceeding one thousand rupees” (w.e.f. 1 -
7-2002).
2. Subs. by Act No. 104 of 1976, sec. 32 for “expense or injury caused to him” (w.e.f. 1-2-
1977).
96. Appeal from original decree.

(1) Save where otherwise expressly provided in the body of this Code or by any other law for the
time being in force, an appeal shall lie from every decree passed by any Court exercising original
jurisdiction the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex pane.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
1
[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Cause, when the amount or value of the subject-matter of the
original suit does not exceed 2[ten thousand rupees].]
COMMENTS
(i) When an ex parte decree is passed the defendant has two clear options. One to file an appeal
and another to file an application under O. 9, R. 13 to set aside the order. Once application under
O. 9, R. 13 is dismissed, he cannot by filing first appeal dispute the correctness of order posting
suit for ex parte hearing or show cause for his non-appearance; Bhanu Kumar Jain v. Archana
Kumar, AIR 2005 SC 626.
(ii) The subsequent events in first and second appeals cannot be taken indiscriminately into
account. It may be permitted to be taken into account by appellate court by means of amendment
of pleadings, in order to avoid multiplicity of proceedings but not where such amendment could
cause prejudice to vested right of plaintiff and render him remedied; Shyam Sunder v. Ram
Kumar, (2001) 8 SCC 24.
(iii) New plea relating to question of fact cannot be allowed to be raised for the first time before
the Ist appellate court; K. Shivalingaiah v. B.V. Chandra Shekara Gowda, AIR 1993 Kant 29:
1992 (2) Kant LJ 536: ILR (Kar) (1992) 1996.

2. Subs. by Act No. 46 of 1999, section 9 for “three thousand rupees” (w.e.f. 1-7-2002).
97. Appeal from final decree where no appeal from

preliminary decree.
Where any party aggrieved by a preliminary decree passed after the commencement of this Code
does not appeal from such decree, he shall be precluded from disputing its correctness in any
appeal which may be preferred from the final decree.
98. Decision where appeal heard by two or more Judges.
(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in
accordance with the opinion of such Judges or of the majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is 1[composed of two or other even number of
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the
Judges composing the Bench differ in opinion on a point of law, they may state the point of law
upon which they differ and the appeal shall then be heard upon that point only by one or more of
the other Judges, and such point shall be decided according to the opinion of the majority (if any)
of the Judges who have heard the appeal including those who first heard it.
2
[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the
letters patent of any High Court.]
COMMENTS
Reference for opinion is permissible only if the judges who have heard the case have not
pronounced their final judgments; Nirmal Swaran Singh v. Rozu-ud-din, AIR 1993 All 121.
1. Subs, by Act No. 104 of 1976, sec. 34 for certain words (w.e.f. 1-2-1977).
2. Ins. by Act 18 of 1928, sec. 2 and Sch. I.
99. No decree to be reversed or modified for error or

irregularity not affecting merits or jurisdiction.
No decree shall be reversed or “substantially varied, nor shall any case be remanded in appeal on
account of any mis joinder 1[or non-joinder] of parties or causes of action or any error, defect or
irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction
of the Court.
1
[Provided that nothing in this section shall apply to non-joinder of a necessary party.]
1. Ins. by Act. No. 104 of 1976, sec. 35 (w.e.f. 1-2-1977).

99A. No order under section 47 to be refused or
modified unless decision of the case is prejudicially
affected.
1
[99A. No order under section 47 to be refused or modified unless decision of the case is
prejudicially affected.
Without prejudice to the generality of the provisions of section 99, no order under section 47
shall be reversed or substantially varied, on account of any error, defect or irregularity in any
proceeding relating to such order, unless such error, defect or irregularity has prejudicially
affected the decision of the case.]
100. Second appeal.

1
[100. Second appeal
(1) Save as otherwise expressly provided in the body of this Code or by any other law for the
time being in force, an appeal shall lie to the High Court from every decree passed in appeal by
any Court subordinate to the High Court, if the High Court is satisfied that the case involves a
substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed exparte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the
substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it
shall formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the
hearing of the appeal, be allowed to argue that the case does not involve such question :
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of
the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law,
not formulated by it, if it is satisfied that the case involves such question.]
COMMENTS
(i) The scope of exercise of the jurisdiction by the High Court in second appeal under section
100 is limited to the substantial question of law. To be a substantial question of law must be
debatable, not previously settled by law of the land or a binding precedent and answer to the
same will have a material bearing as to the rights of parties before the Court; Govindaraja v.
Mariamman, AIR 2005 SC 1008.
(ii) The High Court was not justified in setting aside the concurrent finding of fact on sub-letting
and nuisance without formulating any substantial question of law; Hari Singh v. Kanhaiya Lal,
AIR 1999 SC 3325.
(iii) The High Court, in second appeal is not justified in setting aside a mixed question of law
and fact; Ram Kumar Agarwal v. Thawar Dass (dead) by LR, AIR 1999 SC 3248.
(iv) The High Court, should not interfere with the concurrent finding of fact in a routine and
casual manner by substituting its subjective satisfaction in place of lower courts; Karnataka
Board of Wakf v. Anjuman-E-Ismail Madris-un-Niswan, AIR 1999 SC 3067.
(v) Where the first appellate court has assumed jurisdiction which did not vest in it, the same can
be adjudicated in second appeal, treating as substantial question of law; Kondiba Dagadu Kadam
v. Savitribai Sopan Gujar, AIR 1999 SC 2213.
(vi) The findings of fact arrived by the courts below are binding in second appeal; Smt.
Bismillah Begum (dead) by LRs v. Rahmatullah Khan (dead) by LRs, AIR 1998 SC 970.
(vii) Conclusion about limitation is a finding of fact and is not open for interference in the
second appeal; Smt. Saraswatidevi v. Krishnaram Baldeo Bank Limited, AIR 1998 MP 73.
(viii) Once the evidence on which the courts of fact have acted was admissible and relevant,
party cannot be allowed to raise that said evidence is insufficient to justify the finding of facts in
second appeal; Ramanuja Naidu v. Kanniah Naidu, JT 1996(3) SC 164.
(ix) Second Appeal—Interference with the factual finding is permissible only if the said finding
is unreasonable; Sadhu Mehar v. Rajkumar Patel, AIR 1994 Ori 26.
(x) Second Appeal—Interference with factual findings recorded by the court below is
permissible in cases of non-consideration of relevant evidence; Nalini v. Padmanabhan Krishnan,
AIR 1994 Ker 14.
(xi) Question of fact can not be allowed to be raised in second appeal; Prabhu Dayal v. Suwa Lal,
AIR 1994 Raj 149.
(xii) Interference with finding of fact is permissible if the court below ignored weight of
evidence on record altogether; Ajab Singh v. Shital Puri, AIR 1993 All 138: 1993 All LJ 548.
(xiii) Erroneous application of law—Second appeal is maintainable If it raises a substantial

question; Ratanlal Bansilal v. Kishorilal Goenka, AIR 1993 Cal 144: 1993(1) Cal HN 307: 1993
(1) Cal LJ 193.
(xiv) Interpretation of the contract involves a substantial question of law. It can be examined in
second appeal; Smt. Vidya Wati through her LRs. v. Hans Raj through his L.Rs., AIR 1993 Del
187: 1993 Rajdhani LR 274.
(xv) Perverse finding recorded by the court below—Second appeal is maintainable; Ratanlal
Bansilal v. Kishorilal Goenka, AIR 1993 Cal 144: 1993 (1) Cal HN 307: 1993 (1) Cal LJ 193.
(xvi) Factual finding based on no evidence—Second appeal is maintainable; Ratanlal Bansilal v.
Kishorilal Goenka, AIR 1993 Cal 144: 1993 (1) Cal HN 307: 1993(1) Cal LJ 193.
(xvii) Finding of fact recorded by the first appellate court cannot be interfered with in second
appeal unless perverse; Padmashree S.N. Swamy v. Smt. Gowramma, AIR 1993 Kant 208: 1992
(3) Kant LJ 244: 1993 (2) APLJ 18.
(xviii) Finding of fact cannot be questioned in second appeal; Ramaswamy Kalingaryar v.

Mathayan Padayachi, AIR 1992 SC 115.
(xix) In absence of substantial question of law on current finding of facts it cannot be interfered
with in second appeal; Kehar Singh v. Yash Pal, AIR 1990 SC 2212.
1. Subs, by Act No. 104 of 1976, sec. 37 for Section 100 (w.e.f. 1-2-1977).
100A. No further appeal in certain cases.

1
[100A. No further appeal in certain cases.
Notwithstanding anything contained in any Letters Patent for any High Court or in any other
instrument having the force of law or in any other law for the time being in force, where any
appeal from an original or appellate decree or order is heard and decided by a single Judge of a
High Court, no further appeal shall lie from the judgment and decree of such single Judge.]
1. Section 100A ins. by Act 104 of 1976, sec. 38 (w.e.f. 1-2-1977) and substituted by Act No.
46 of 1999, section 10 and now further has been substituted by Act No. 22 of 2002, section 4
(w.e.f. 1-7-2002).
101. Second appeal on no other grounds.

No second appeal shall lie except on the ground mentioned in section 100.
102. No second appeal in certain cases.

1
[102. No second appeal in certain cases.
No second appeal shall lie from any decree, when the subject matter of the original suit is for
recovery of money not exceeding twenty-five thousand rupees”.]
1. Section 102 was substituted by Act No. 46 of 1999, section 11 and now further substituted
by Act No. 22 of 2002, section 5 (w.e.f. 1-7-2002).
103. Power of High Court to determine issues of fact.

1
[103. Power of High Court to determine issues of fact.
In any second appeal, the High Court may, if the evidence on the record is sufficient, determine
any issue necessary for the disposal of the appeal,-
(a) which has not been determined by the lower Appellate Court or both by the Court of first
instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts reason of a decision on such
question of law as is referred to in section 100.]
1. Subs, by Act No. 104 of 1976, sec. 40 for section 103 (w.e.f. 1-2- 1977).
104. Orders from which appeal lies.

(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the
body of this Code or by any law for the time being in force, from no other orders:-
1
[***]
2
[(ff) an order under section 35A;]
3
[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature
referred to in section 91 or section 92, as the case may be;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of any person except where such arrest or detention is in execution
of a decree;
(i) any order made under rules from which an appeal is expressly allowed by rules;
2
[Provided that not appeal shall lie against any order specified in clause (ff) save on the ground
that no order, or an order for the payment of a less amount, ought to have been made.]
(2) No appeal shall lie from any order passed in appeal under this section.
1. Clauses (a) to (f) omitted by Act 10 of 1940, sec. 49 and Sch. III.
2. Ins. by Act 9 of 1922, sec. 3.
105. Other orders.

(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in
the exercise of its original or appellate jurisdiction; but. where a decree is appealed from, any
error, defect or irregularity in any order, affecting the decision of the case, may be set forth as
ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an
order of remand 1[*****] from which an appeal lies does not appeal therefrom, he shall
thereafter be precluded from disputing its correctness.
1. The words “made after the commencment of this Code” omitted by Act No. 104 of 1976,
sec. 42 (w.e.f. 1-2-1977).
106. What Courts to hear appeals.

Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie
from the decree in the suit in which such order was made, or where such order is made by a
Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
107. Powers of Appellate Court.

(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall
have power-
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as
nearly as may be the same duties as are conferred and imposed by this Code on Courts of
original jurisdiction in respect of suits instituted therein.
COMMENTS
Neither the issue framed nor evidence led in trial court in respect of mixed question of fact and
law. New plea raised before the Supreme Court not permissible on the ground that the
establishment of fact by evidence for decision is necessary; Vasantha Viswanathan v. V.K.
Elayalwar, (2001) 8 SCC 133.
108. Procedure in appeals from appellate decrees and

orders.
The provisions of this Part relating to appeals from original decree shall, so far as may be, apply
to appeals-
(a) from appellate decrees, and

(b) from orders made under this Code or under any special or local law in which a different
procedure is not provided.
109. When appeals lie to the Supreme Court.

1
[109. When appeals lie to the Supreme Court.
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from
time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to
the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any
judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies-
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme
Court.]
110. Value of subject matters.

Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973), sec. 3.
111. Bar of certain appeals.

Rep. by the A.O. 1950.
111A. Appeals to Federal Court.

1
[111A. Appeals to Federal Court.
Rep. by the Federal Court Act, 1941 (21 of 1941), sec. 2.]
1. Ins. by the A.O. 1937
112. Savings.
1
[(1) Nothing contained in this Code shall be deemed-
(a) to affect the powers of the Supreme Court under Article 136 or any other provision of the
Constitution, or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force, for
the presentation of appeals to that Court, or their conduct before that Court.]
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts.
1. Subs. by the A.O. 1950, for sub-section (1).
113. Reference to High Court

Subject to such conditions and limitations as may be prescribed, any Court may state a case and
refer the same for the opinion of the High Court, and the High Court may make such order
thereon as it thinks fit:
1
[Provided that where the Court is satisfied that a case pending before it involve; a question as to
the validity of any Act, Ordinance or Regulation or of any provision contained in an Act,
Ordinance or Regulation, the determination of which ii necessary for the disposal of the case,
and is of opinion that such Act, Ordinance Regulation or provision is invalid or inoperative, but
has not been so declared b; the High Court to which that Court is subordinate or by the Supreme
Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the
same for the opinion of the High Court.
Explanation.-In this section “Regulation” means any Regulation of the Bengal Bombay or
Madras Code or Regulation as defined in the General Clauses Act, 1897 (10 of 1897) or in the
General Clauses Act of a State.]
STATE AMENDMENTS
Andhra Pradesh-In the Explanation to section 113 after the words “any Regulation of the
Bengal, Bombay or Madras Code” insert the words “or any Regulation of the Madras Code in
force, in the State of Andhra as it existed immediately before the 1st Nov. 1956”.
[Vide Andhra Pradesh Adoption of Laws (Second Amendment) Orders, 1954 (w.e.f. 1-10-1953)
and Andhra Pradesh A.L. (Amendment) Order 1957 (w.e.f. 1-11-1956).]
Tamil Nadu-In the Explanation to section 113 after the words “any Regulation of the Bengal,
Bombay or Madras Code” insert the words “or any Regulation of the Madras Code in force in
the territories specified in Second Schedule to the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959.”
[Vide Madras (Added Territories) Adaptation of Laws Order, 1961 (w.e.f. 1-4-1960).]
1. Added by Act 24 of 1951, sec. 2 (w.e.f. 1-4-1951).
114. Review.
Subject as aforesaid, any person considering himself aggrieved-
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred,
(b) by a decree or order from which no appeal is allowed by this Court, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of
judgment to the Court which passed the decree or made the order, and the Court may make such
order thereon as it thinks fit.
Comments
(i) Subsequent event may be taken into consideration by the Court, while exercising review
jurisdiction; Board of Control of Cricket in India v. Netaji Cricket Club, AIR 2005 SC 592.
(ii) The review petition was filed well within the time and since to review petition was not being
decided by the High Court, the appellant filed the special leave petition against main judgment of
High Court. Hence the Supreme Court overruled the contention that earlier special leave petition
filed by appellant having been dismissed by the Supreme Court the second SLP was not
maintainable being barred by the principle of res judicata; K. Rajamouli v. A.V.K.N. Swamy,
AIR 2001 SC 2316.
115. Revision.
1
[(1)] The High Court may call for the record of any case which has been decided by any Court
subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears-
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit:
2
[Provided that the High Court shall not, under this section, vary or reverse any order made, or
any order deciding an issue, in the course of a suit or other proceeding, except where the order, if
it had been made in favour of the party applying for revision, would have finally disposed of the
suit or other proceedings.]
[(2) The High Court shall not, under this section, vary or reverse any decree or order against
3
which an appeal lies either to the High Court or to any Court subordinate thereto.]
[(3) A revision shall not operate as a stay of suit or other proceeding before the , Court except
4
where such suit or other proceeding is stayed by the High Court.]

3
[Explanation.-In this section, the expression “any case which has been decided” includes any
order made, or any order deciding an issue in the course of a suit or other proceeding.]
STATE AMENDMENTS
Madhya Pradesh-For Section 115 of the principal Act, the following Section substituted.
“115. Revision.-
The High Court may call for the record of any cases which has been decided by any Court
subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears-
(a) to have exercised a jurisdiction not vested in it by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High
Court may make such order in the case as it thinks fit;
Provided that the High Court shall not, under this section, vary or reverse any order made or any
order deciding an issue, in the course of a suit or other proceedings except where:-
(a) the order, if it had been made in favour of the party applying for the revision, would have
finally disposed of the suit or proceeding; or
(b) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to
the party against whom it was made.
(2) The High Court shall not, under this section, vary or reverse any decree or order against
which an appeal lies either to the High Court or to any court subordinate thereto.
Explanation.-In this section, the expression “any case which has been decided” includes any
order made, or any order deciding an issue in the course of a suit or other proceeding.”
[Vide M.P. Act 4 of 1994, sec. 2 (w.e.f. 15-3-1994).]
Orissa.-In its application to the State of Orissa, for section 115, substitute the following:-
“115. Revision.-
The High Court, in eases arising out of original suits or other proceedings of the value exceeding
one lakh rupees, and the District Court, in any other case, including a case arising out of an
original suit or other proceedings instituted before the commencement of the Code of Civil
Procedure (Orissa Amendment) Act, 1991, may call for the record of any case which has been
decided by any Court subordinate to the High Court or the District Court, as the case may be, and
in which no appeal lies thereto, and if such subordinate Court appears-
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High
Court or the District Court, as the case may be, may make such order in the case as it thinks fit;
Provided that in respect of cases arising out of original suits or other proceedings of any
valuation decided by the District Court, the High Court alone shall be competent to make an
order under this section:
Provided further that the High Court or the District Court shall not, under this section, vary or
reverse any order, including an order deciding an issue, made in the course of a suit or other
proceedings, except where,-
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury
to the party against whom it was made.
order deciding an issue in the course of a suit or other proceeding.”
Saving:-
The amendment made this Act shall not effect the validity, invalidity, effect or consequence of
anything already done of suffered, or any jurisdiction already exercised, and any proceeding
instituted or commenced in the High Court under section 115 of the Code of Civil Procedure, 5
of 1908, prior to the commencement of this Act shall, notwithstanding such amendment,
continue to be heard and decided by such Court.”
[Vide Orissa Act 26 of 1991, sec. 2 (w.e.f. 7-11-1991).]
Uttar Pradesh.-In its application to the State of Uttar Pradesh, for section 115, substitute the
following:-
“115 Revision.-
The High Court, in cases arising out of original suits or other proceedings of the value exceeding
one lakh rupees or such higher amount not exceeding five lakh rupees as the High Court may
from time to time fix, by notification published in the Official Gazette including such suits or
other proceedings instituted before the date of commencement of the U.P. Civil Laws
(Amendment) Act, 1991, or as the case may be, the date of commencement of such notification
and the District Court in any other case, including a case arising out of an original suit or other
proceedings instituted before such date, may call for the record of any case which has been
decided by any Court subordinate to such High Court or District Court, as the case may be, and
in which no appeal lies thereto, and if such subordinate Court appears-
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court or the District Court, as the case may be, may make such order in the case as it
thinks fit:
Provided that in respect of cases arising out of original suits or other proceedings of any
valuation, decided by the District Court, the High Court alone shall be competent to make an
order under this section:
Provided further that the High Court or the District Court shall not, under this section, vary or
reverse any order including an order deciding an issue, made in the course of a suit or other
proceeding, except where,-
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceeding; or
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury
to the party against whom it was made:
Provided also that where a proceeding of the nature in which the District Court may call for the
record and pass orders under this Section was pending immediately before the relevant date of
commencement referred to above, in the High Court, such Court shall proceed to dispose of the
same.
order deciding an issue in the course of a suit or other proceeding.”
Transitory Provisions:-
Where a proceeding of the nature in which District Court may call for the record and pass orders
under section 115 of the said Code as substituted by this Act was pending immediately before
August 1, 1978.- (a) In the District Court, such Court shall proceed to dispose of the same as if
the provisions of the same as if the provisions of this Act were in force at all material times;
(b) in the High Court, such Court shall proceed to dispose of the same as if this Act has not come
into force.”
[Vide U.P. Acts 31 of 1978, Sections 3 and 5 (w.e.f. 1-8-1978) as amended by Uttar Pradesh Act
17 of 1991, sec. 7 (w.e.f. 15-1-1991).]
West Bengal-After Section 115 of the Code the following section 115A inserted:
“115A. District Court’s powers of revision-
(1) A District Court may exercise all or any of the power which may be exercised by the High
Court under section 115.
(2) Where any proceedings by way of revision is commenced before a District Court in
pursuance of the provision of sub-section (1), the provisions of section 115 shall, so for as may
be, apply to such proceeding and references to the said section 60 the High Court shall be
construed as reference to the District Court.
(3) Where any proceeding for revision is commenced before the District Court, the decision of
the District Court on such proceeding shall be final and no further proceeding by way of revision
shall be entertained by the High Court or any other Court.
(4) If any application for revision has been made by any party either to the High Court under
section 115 or to the District Court under this section, no further application by the same party
shall be entertained by the other of them.
(5) A Court of an Additional Judge shall have and may exercise all the powers of a District Court
under this section in respect of any proceeding which may be transferred to it by or under any
general or special order of the District Court”
[Vide West Bengal Act No. 15 of 1988, sec. 3 (w.e.f. 1-2-1989).]
COMMENTS
(i) Order allowing proposed amendment would not also come under clause (b) of section 115(1).
Under revisional powers of High Court this cannot be interfered with by High Court. Prem
Bakshi v. Dharam Dev, AIR 2002 SC 559.
(ii) The objections filed by the petitioners were under Order 21, rule 36 C.P.C. and the only
remedy against it is revision under section 115 C.P.C. The Appellate Authority has rightly
dismissed the appeal in limine as not maintainble; Naresh Sharma v. Ramesh Chand, AIR 2000
HP 6.
(iii) Revisional court ought to consider and discuss evidence on which finding was based by
lower authorities. Mere statement by Revisional court that there was evidence to show that the
bona fides of the landlord was proved is not sufficient; K. Urmila v. Ram Kumar Verma, AIR
1998 SC 1188.
(iv) Revision against erroneous finding with regard to admissibility of evidence was held to be
competent; Kundan Mal v. Nand Kishore, AIR 1994 Raj 1.
(v) Revisional jurisdiction of the High Court—Validity of an order can be examined even if no
reason has been specified for order except exercise of power under a rule; Charles Mantosh v.
Dalhousie Institute, AIR 1993 Cal 232.
(vi) Revision against an order admitting documents after arguments were over is not
maintainable; Hemendra Chaudhary v. M/s. Punjab National Bank, AIR 1993 All 49: 1993(21)
All LR 218: 1993 All LJ 76.
(vii) Ex parte decree of ejectment—Revision against—Death of one of the co-landlords during

pendency of the revision—No substitution—Held, revision would not abate; Ram Gopal Sharma
v. Ist Additional District Judge, Meerut, AIR 1993 All 124: 1992 All CJ 1026.
(viii) Revisional court is not competent to reappreciate evidence; Padartha Amat v. Siba Sahu,
AIR 1993 Ori 92.
(ix) Under section 115 of the Code, the High Court connot reappreciate the evidence and cannot
set aside the concurrent findings of the Courts below by taking a different view of the evidence.
The High Court is empowered only to interfare with the findings of fact if the findings are
perverse or there has been a non-appreciation or non-consideration of the material evidence on
record by the Courts below. Simply because another view of the evidence may be taken is no
ground by the High Court to interfere in its revisional jurisdiction; Masjid Kacha Tank, Nahan v.
Tuffail Mohammed, AIR 1991 SC 455.
1. Sec. 115 re-numbered as sub-section (1) of that section by Act No. 104 of 1976, sec. 43
(w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, sec. 43 (w.e.f. 1-2-1977) and subs. by Act 46 of 1999, sec. 12
(w.e.f. 1-7-2002).
4. Ins. by Act No. 46 of 1999, section 12 (w.e.f. 1-7-2002).
116. Part to apply only to certain High Courts.

This Part applies only to High Courts 1[not being the Court of a Judicial Commissioner].
1. Subs. by Act 2 of 1951, sec. 14, for “CHARTERED HIGH COURTS” (w.e.f. 1-4-1951).
117. Application of Code to High Court.

Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to
such High Courts.
118. Execution of decree before ascertainment of costs.

Where any such High Court considers it necessary that a decree passed in the exercise of its
original civil jurisdiction should be executed before the amount of the costs incurred in the suit
can be ascertained by taxation, the Court may order that the decree shall be executed forthwith
except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the
amount of the costs shall be ascertained by taxation.
119. Unauthorized persons not to address Court.

Nothing in this Code shall be deemed to authorize any person on behalf of another to address the
Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the
Court shall have in the exercise of the power conferred by its charter authorized him I so to do,
or to interfere with the power of the High Court to make rules concerning I advocates, vakils and
attorneys.
120. Provisions not applicable to High Court in original
civil jurisdiction.
(1) The following provisions shall not apply to the High Court in the exercise of its I original
civil jurisdiction, namely, sections 16,17 and 20.
1
[***]
1. Sub-section (2) rep. by Act 3 of 1909, sec. 127 and Sch. III.
121. Effect of rules in First Schedule.

The rules in the First Schedule shall have effect as if enacted in the body of this Code until
annulled or altered in accordance with the provisions of this Part.
122. Power of certain High Courts to make rules.

1
[High Courts 2[not being the Court of a Judicial Commissioner]] 3[***] may, from time to time
after previous publication, make rules regulating their own procedure and the procedure of the
Civil Courts subjects to their superintendence, and may be such rules annul, alter or add to all or
any of the rules in the First Schedule.
1. Subs. A.O. 1950, for “Courts which are High Courts for the purposes of the Government
of India Act, 1935”.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, “for Part A States and Part B
States”. Earlier the words “for Part A States and Part B States” were inserted by Act 2 of
1951, sec. 15 (w.e.f. 1-4-1951).
3. The words “and the Chief Court of Lower Burma”, rep. by Act 11 of 1923, sec. 3 and
sch. II.
123. Constitution of Rule Committees in certain States.

(1) A committee to be called the Rule Committee, shall be constituted at
1
[the town which is the usual place of sitting of each of the High Courts
2
[***] referred to in section 122].
(2) Each such Committee shall consist of the following persons, namely-
(a) three Judges of the High Court established at the town at which such Committee is
constituted, one of whom at least has served as a District Judge or 3[***] a Divisional Judge for
three years,
4
[(b) two legal practitioners enrolled in that Court]
5
[(c)] a Judge of a Civil Court subordinate to the High Court 6[***]
[ [* * *]]
5 7
(3) The members of each such Committee shall be appointed by the

8
[High Court], which shall also nominate one of their number to be
President:
9
[* * *]
(4) Each member of any such Committee shall hold office for such period as may be prescribed
by the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases to
reside in the State in which the Committee was constituted or becomes incapable of acting as a
member of the Committee, the said 8[High Court] may appoint another person to be a member in
his stead.
(5) There shall be a secretary to each such Committee who shall be appointed by the 9[High
Court] and shall receive such remuneration as may be provided in this behalf 10[by the State
Government].
STATE AMENDMENTS
Assam and Nagaland-Substitute the following for clause (a) sub-section (2) of section 123.
“(a) three judges of the High Court established at the town at which such committee is
constituted, provided that the Chief Justice may appoint only two judges of the High Court on
the Committee if the number of Judges of the High Court does not exceed three”
[C.P.C. (Assam Amendment) Act No. 8 of 1953, sec. 2, (w.e.f. 18-4-1953) and Nagaland Act 27
of 1962 (w.e.f. 1-12-1963).]
Tamil Nadu-In section 123 sub-section (2).
(a) “In clause (b) for the words ‘two legal practitioners’ substitute the words ‘three legal
practitioners’.”
(b) “Omit the words ‘Madras’ in clause (d)”.
[Vide Tamil Nadu Act No. 15 of 1970, sec. 2 (w.e.f. 10-6-1970).]
1. Subs. by Act 13 of 1916, sec. 2 and Sch. for “each of towns of Calcutta, Madras, Bombay,
Allahabad, Lahore and Rangoon”.
2. The words “and of the Chief Court”, Omitted by Act 11 of 1923, sec. 3 and Sch. II. These
words were again ins. By Act 32 of 1925, and subsequently omitted by A.O. 1948.
3. The brackets and words “(in Burma)” rep. by Act 11 of 1923, sec. 3 and Sch. II.
4. Subs. by Act 2 of 1951 sec. 16, for clauses (b) and (c).
5. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by Act 2 of 1951, sec. 16
(w.e.f. 1-4-1961).
6. The word “and” omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).
7. Cl. (d) omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).
8. Subs, by Act No. 104 of 1976, sec. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
9. Proviso omitted by Act No. 104 of 1976, sec. 44 (w.e.f. 1-2-1977).
10. Subs. by A.O. 1937, for “by the G.G. in C. or by the L.G. as the case may be”.
124. Committee to report to High Court.

Every Rule Committee shall make a report to the High Court established at the town at which it
is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make
new rules, and before making any rules under section 122 the High Court shall take such report
into consideration.
125. Power of other High Courts to make rules.

High Courts, other than the Courts specified in section 122, may exercise the powers conferred
by that section in such manner and subject to such conditions 1[as 2[the State Government] may
determine]:
Provided that any such High Court may, after previous publication, make a rule extending within
the local limits of its jurisdiction any rules which have been made by any other High Court.
1. Subs. by Act 38 of 1920, sec. 2 and Sch. 1, Pt. I, for “as the G.G. in C. may determine”.
2. Subs. by the A.O. 1937, for “in the case of the Court of the Judicial Commissioner of Coorg,
the G.G. in C., and in other cases the L.G.”.
126. Rules to be subject to approval.

1
[126. Rules to be subject to approval.
Rules made under the foregoing provisions shall be subject to the previous approval of the
Government of the State in which the Court whose procedure the rules regulate is situate or, if
that Court is not situate in any State, to the previous approval of 2[Central Government].]
—————
2. Subs. by the A.O. 1950, for “Governor General”.

127. Publication of rules.
Rules so made and 1[approved] shall be published in the 2[Official Gazette] and shall from the
date of publication or from such other date as may be specified have the same force and effect,
within the local limits of the jurisdiction of the High Court which made them, as if they had been
contained in the First Schedule.
1. Subs. by Act 24 of 1917, sec. 2 and Sch. 1, for “sanctioned”.

2. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case
may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as
the case may be”, but the latter words have been omitted as being redundant.
128. Matters for which rules may provide.

(1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject
thereto, may provide for any matters relating to the procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the powers conferred by sub-section
(1), such rules may provide for all or any of the following matters, namely :-
(a) the service of summons, notices and other processes by post or in any other manner either
generally or in any specified areas, and the proof of such service;
(b) the maintenance and custody, while under attachment, of live-stock and other movable
property, the fees payable for such maintenance and custody, the sale of such live-stock and
property and the proceeds of such sale;
(c) procedure in suits by way of counterclaim and the valuation of such suits for the purposes of
jurisdiction;
(d) procedure in garnishee and charging order either in addition to, or in substitution for, the
attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or indemnity over against
any person whether a party to the suit or not;
(f) summary procedure-
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money
payable by the defendant, with or without interest, arising-
on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature
of a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of a debt or a liquidated
demand only; or
on trust; or
(ii) in suits for the recovery of immovable property, with or without claim for rent or mesne
profits, by a landlord against a tenant whose term has expired or has been duly determined by
notice to quit, or has become liable to forfeiture for nonpayment of rent, or against persons
claiming under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or Master or other official of
the Court of any judicial, quasi-judicial and non-judicial duties; and
(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the
transaction of the business of Civil Courts.
129. Power of High Court to make rules as to their

original Civil Procedure.
Notwithstanding anything in this Code, any High Court 1[not being the Court of a Judicial
Commissioner] may make such rules not inconsistent with the Letters Patent 2[or order] 3[or
other law] establishing it to regulate its own procedure in the exercise of its original civil
jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such
rules in force at the commencement of this Code.
Comments
Rules regulating procedure of High Court on its original side need not be consistent with
provisions of the Code of Civil Procedure, 1908; Tridium India Telecom Ltd. v. Motorola Inc.,
AIR 2005 SC 514.
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part a State or a Part B
State”.
2. Ins. By the A.O. 1950.
3. Ins. By Act 2 of 1951, sec. 17 (w.e.f. 1-4-1951).
130. Powers of other High Court to make rules as to

matters other than procedure.
1
[130. Powers of other High Court to make rules as to matters other than procedure.
A High Court 2[not being a High Court to which section 129 applies] may, with the previous
approval of the State Government make with respect to any matter other than procedure any rule
which a High Court 3[for a 4[***] State] might under 5[article 227 of the Constitution] make with
respect to any such matter for any part of the territories under its jurisdiction which is not
included within the limits of a presidency town.]

2. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”.
3. Subs. by the A.O. 1950, for “so constituted”.
4. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956.
5. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”.
131. Publication of rules.

Rules made in accordance with section 129 or section 130 shall be published in the 1[Official
Gazette] and shall from the date of publication or from such other date as may be specified have
the force of law.
1. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case
may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as
the case may be”, but the latter words have been omitted as being redundant..
132. Exemption of certain women from personal

appearance.
(1) Women who, according to the customs and manners of the country, ought not to be
compelled to appear in public shall be exempt from personal appearance in Court.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of
civil process in any case in which the arrest of women is not prohibited by this Code.
133. Exemption of other persons.

1
[(1) The following persons shall be entitled to exemption from personal appearance in Court,
namely-
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;

(vi) the Governors of States and the administrators of Union Territories;
(vii) the Speakers of the State Legislative Assemblies/
(viii) the Chairman of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87B applies.]

2
[***]
(3) Where any person 3[***] claims the privilege of such exemption, and it is consequently
necessary to examine him by commission, he shall pay the costs of that commission, unless the
party requiring his evidence pays such costs.
1. Subs. by Act No. 66 of 1956, sec. 12, for sub-section (1) (w.e.f. 1-1-1957).
2. Sub-section (2) omitted by Act No. 66 of 1956, sec. 12 (w.e.f. 1-1-1957).
3. The words “so exempted” omitted by Act 66 of 1956, sec. 12 (w.e.f. 1-1-1957).
134. Arrest other than in execution of decree.

The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested
under this Code.
135. Exemption from arrest under civil process.

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process
while going to, presiding in, or returning from his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in
good faith that it has such jurisdiction, the parties thereto, their pleader, mukhtars, revenue-
agents and recognized agents, and their witnesses acting in obedience to a summons, shall be
exempt from arrest under civil process other than process issued by such tribunal for contempt of
Court while going to or attending such tribunal for the purpose of such matter, and while
returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest
under an order for immediate execution or where such judgment-debtor attends to show cause
why he should not be committed to person in execution of a decree.
135A. Exemption of members of legislative bodies from
arrest and detention under civil process.
1
[135A. Exemption of members of legislative bodies from arrest and detention under civil
process.
2
[(1) No person shall be liable to arrest or detention in prison under civil process-
(a) if he is a member of-
(i) either House of Parliament, or
(ii) the legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the
Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of-
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of-
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
Parliament or Houses of the State Legislature, as the case may be, and during the forty days
before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1), shall, subject the provisions, of the
said sub-section, be liable to re-arrest and to the further detention to which he would have been
liable if he had not been released under the provisions of sub-section (1).]
1. Ins. by Act 23 of 1925, sec. 3.

2. Subs. by Act No. 104 of 1976, sec. 45 for sub-section (1) (w.e.f. 1-2-1977).
136. Procedure where person to be arrested or property
to be attached is outside district.
(1) Where an application is made that any person shall be arrested or that any property shall be
attached under any provision of this Code not relating to the execution of decrees, and such
person resides or such property is situate outside the local limits of the jurisdiction of the Court
to which the application is made, the Court may, in its discretion, issue a warrant of arrest or
make an order of attachment, and send to the District
Court within the local limits of whose jurisdiction such person or property reside or is situate a
copy of the warrant or order, together with the probable amount of the costs of the arrest or
attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment
to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court
which issued or made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by
which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former
Court why he should not be sent to the later Court, or unless he furnishes sufficient security for
his appearance before the later Court or for satisfying any decree that may be passed against him
by that Court, in either of which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within
the local limits of the ordinary original civil ju

59. Stay of sale
Where before the claim was preferred or the objection was made, the property
attached had already been advertised for sale, the Court may-
(a) If the property is movable, make an order postponing the sale pending the adjudication of the
claim or objection, or
(b) If the property is immovable, make an order that, pending the adjudication of the claim or
objection, the property shall not be sold, or, that pending such adjudication, the property may
be sold but the sale shall not be confirmed, and any such order may be made subject to such
terms and conditions as to security or otherwise as the Court thinks fit.]
[Rule 60 to 63-Omitted by Act No. 104 of 1976.]
HIGH COURT AMENDMENTS
Calcutta.-In Order XXI, after rule 63, insert the following rule, namely:-
“63A. When an attachment of movable property ceases, the Court may order the restoration of the
attachment property to the person in whose possession it was before the attachment.” (w.e.f. 3-11-
1933)
Gauhati.-Same as in Calcutta,
Patna.-In Order XXI, after rule 63, insert the following heading and rules, namely:-
“Garnishee Orders
63A. Where a debt {other than a debt secured by a mortgagor a debt recoverable only in Revenue Court
or a debt the amount of which exceeds the pecuniary jurisdiction of the Court) has been attached under
rule 46 and the debtor prohibited under clause (i) of sub-rule (1) of rule 46 (hereinafter called the
garnishee) does not pay the amount of the debt into Court in accordance with rule 46, sub-rule (3), the
Court, on the application of the decree-holder, may order a notice to issue calling upon the garnishee to
appear before the Court and show cause why he should not pay into Court the debt due from him to the
judgment-debtor. A copy of such notice shall, unless otherwise ordered by the Court, be served on the
judgment-debtor.
63B. (1) If the garnishee does not pay into Court the amount of the debt due from him to judgment-
debtor, and if he does not appear in answer to the notice issued under rule 63A, or does not dispute his
liability to pay such debt to the judgment-debtor, then the Court may order the garnishee to comply
with the terms of such notice, and on such order execution may issue against the garnishee as though
such order were a decree against him.
(2) If the garnishee appears in answer to the notice issued under rule 63A, and disputes his liability to
pay the debt attached, the Court, instead of making an order as aforesaid, may order that any issue or
question necessary for determining his liability be tried as though it were an issue in a suit and ****
upon the determination of such issue shall pass such order upon the notice as shall be just.
63C. Whenever in any proceedings under the foregoing rules it is alleged by the garnishee that the debt
attached belongs to some third person, or that any third person has a lien or charge upon or interest in
it, the Court may order such third person to appear and state the nature and particulars of his claim, if
any, upon such debt, and prove the same, if necessary.
63D. After hearing such third person and any other person who may subsequently to be ordered to
appear, or in the case of such third or other person not appearing as ordered, the Court may pass such
order as is provided in the foregoing rules, or make such other order as the Court shall think fit, upon
such terms in all cases with respect to the lien charge or interest, if any, of such third or other person as
shall seem just and reasonable.
(a) if the property is movable, make an order postponing the sale pending the
adjudication of the claim or objection, or
(b) if the property is immovable, make an order that, pending the adjudication of the
claim or objection, the property shall not be sold, or, that pending such adjudication,
the property may be sold but the sale shall not be confirmed, and any such order may
be made subject to such terms and conditions as to security or otherwise as the Court
thinks fit.]
[Rule 60 to 63-Omitted by Act No. 104 of 1976.]
Calcutta.-In Order XXI, after rule 63, insert the following rule, namely:-
“63A. When an attachment of movable property ceases, the Court may order the
restoration of the attachment property to the person in whose possession it was before
the attachment.” (w.e.f. 3-11-1933)
Gauhati.-Same as in Calcutta,
Patna.-In Order XXI, after rule 63, insert the following heading and rules, namely:-
“Garnishee Orders
63A. Where a debt {other than a debt secured by a mortgagor a debt recoverable only
in Revenue Court or a debt the amount of which exceeds the pecuniary jurisdiction of
the Court) has been attached under rule 46 and the debtor prohibited under clause (i)
of sub-rule (1) of rule 46 (hereinafter called the garnishee) does not pay the amount of
the debt into Court in accordance with rule 46, sub-rule (3), the Court, on the
application of the decree-holder, may order a notice to issue calling upon the
garnishee to appear before the Court and show cause why he should not pay into
Court the debt due from him to the judgment-debtor. A copy of such notice shall,
unless otherwise ordered by the Court, be served on the judgment-debtor.
63B. (1) If the garnishee does not pay into Court the amount of the debt due from him
to judgment-debtor, and if he does not appear in answer to the notice issued under rule
63A, or does not dispute his liability to pay such debt to the judgment-debtor, then the
Court may order the garnishee to comply with the terms of such notice, and on such
order execution may issue against the garnishee as though such order were a decree
against him.
(2) If the garnishee appears in answer to the notice issued under rule 63A, and
disputes his liability to pay the debt attached, the Court, instead of making an order as
aforesaid, may order that any issue or question necessary for determining his liability
be tried as though it were an issue in a suit and **** upon the determination of such
issue shall pass such order upon the notice as shall be just.
63C. Whenever in any proceedings under the foregoing rules it is alleged by the
garnishee that the debt attached belongs to some third person, or that any third person
has a lien or charge upon or interest in it, the Court may order such third person to
appear and state the nature and particulars of his claim, if any, upon such debt, and
prove the same, if necessary.
63D. After hearing such third person and any other person who may subsequently to
be ordered to appear, or in the case of such third or other person not appearing as
ordered, the Court may pass such order as is provided in the foregoing rules, or make
such other order as the Court shall think fit, upon such terms in all cases with respect
to the lien charge or interest, if any, of such third or other person as shall seem just
and reasonable.
63E. Payment made by, or levied by execution upon the garnishee in accordance with
any order made under these rules shall be a valid discharge to him as against the
judgment-debtor, and any other person ordered to appear under these rules, for the
amount paid or levied although such order or the judgment may be set aside or
reversed.
63F. The costs of any application for the attachment of a debt under the foregoing
rules and of any proceedings arising from or incidental to such application shall be in
the discretion of the Court. Costs awarded to the decree-holder shall, unless otherwise
directed, be retained out of the money recovered by him under the garnishee order and
in priority to the amount of his decree.
63G. Out of the amount recovered under the garnishee order the Court shall deduct a
sum equal to the court-fee payable under the Indian Court-Fees Act on a plaint in a
suit for recovery of the money and credit the same to the Government.
63H. (1) Where the liability of any garnishee has been tried and determined under
these rules the order shall have the same force and be subject to the same condition as
to appeals or otherwise as if were a decree.
(2) Orders not covered by clause (1) shall be appealable as orders made in execution.”
Sale genrally
64. Power to order property attached to be sold and proceeds to be paid to person
entitled
Any Court executing a decree may order that any property attached by it and liable to
sale, or such portion thereof as may see necessary to satisfy the decree, shall be sold,
and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the
party entitled under the decree to receive the same.
Madras–In Order XXI, in rule 64, after the words “executing a decree may”, insert
the words “after notice to the decree-holder and judgment-debtor”, (w.e.f. 10-4-1963)
Orissa.-Same as in Patna.
Patna.-In Order XXI, in rule 64,-
(a) for the words “attached by it”, substitute the words “in respect of which it has
made an order of attachment”.
(b) between the words “and” and “liable”, insert the words “which is” (w.e.f. 7-1-
1936).
65. Sales by whom conducted and how made
Save as otherwise prescribed, every sale in execution of a decree shall be conducted

by an officer of the Court or by such other person as the Court may appoint in this
behalf, and shall be made by public auction in manner prescribed.
Andhra Pradesh.-Same as in Madhya Pradesh.
Kerala.-Same as in Madhya Pradesh.
Madhya Pradesh.-In Order XXI, in rule 65, at the end, insert the following words:-
“Such officer or person shall be competent to declare the highest bidder as purchaser
at the sale, provided that, where the sale is made in, or within the precincts of the
Court-house, no such declaration shall be made without the leave of the Court.”
(w.e.f. 16-9-1960)
66. Proclamation of sales by public auction
(1) Where any property is ordered to be sold by public auction in execution of a

decree, the Court shall cause a proclamation of the intended sale to be made in the
language of such Court.
(2) Such proclamation shall be draw up after notice to the decree-holder and the
judgment-debtor and shall state the time and place of sale, and specify as fairly and
accurately as possible-
(a) the property to be sold 1[or, where a part of the property would be sufficient to
satisfy the decree, such part];
(b) the revenue assessed upon the estate, where the property to be sold is an interest in
an estate or in part of an estate paying revenue to the Government;
(c) any incumbrance to which the property is liable;
(d) the amount for the recovery of which the sale is ordered; and
(e) every other thing which the Court considers material for a purchaser to know in
order to judge of the nature and value of the property:
1
[Provided that where notice of the date for settling the terms of the proclamatioin has
been given to the judgement-debtor by means of an order under rule 54, it shall not be
necessary to give notice under this rule to the judgment-debtor unless the Court
otherwise directs:
Provided further that nothing in this rule shall be construed as requiring the Court to
enter in the proclamation of sale its own estimate of the value of the property, but the
proclamation shall include the estimate if any, given, by either or both of the parties.]
(3) Every application for an order for sale under this rule shall be accompaniec by a
statement signed and verified in the manner hereinbefore prescribed for the signing
and verification of pleadings and containing, so far as they are known to or can be
ascertained by the person making the verification, the matters required by sub-rule (2)
to be specified in the proclamation.
(4) For the purpose of ascertaining the matters to be specified in the proclamation the
Court may summon any person whom it thinks necessary to summon and ma>
examine him in respect to any such matters and require him to produce any documeni
in his possession or power relating thereto.
Andhra Pradesh and Kerala.-In Order XXI, in rule 66,-
(i) Same as in of Madras.
(ii) reletter clause (e) as clause (f) and insert to following clause, namely;-
“(e) the value of the property as stated (i) by the decree-holder and {ii} by the
judgment-debtor;” (w.e.f. 13-10-1936)
(iii) in sub-rule (1), for the words “made”, substitute “drawn up.” (w.e.f. 12-11-1952)
Calcutta and Gauhati.-In Order XXI, in rule 66, in sub-rule (2), after clause (e),
insert the following proviso, namely:-
“Provided that it shall not be necessary for the Court itself to give its own estimate of
the value of the property but the proclamation shall include the estimate if any given
by either or both the parties.”
Delhi and Himachal Pradesh.-In Order XXI, in rule 66, after sub-rule (2),-
(i) insert the following sub-rule, namely:-
“(3) Where the property to be sold is movable property which has been made over to a
custodian under sub-clause (a) or (c) of clause (1) of rule 43 of this Order, the Court
shall also issue a process by way of notice to the custodian directing him to produce
the property at the place of sale, at a time to be specified therein with a warning that if
he fails to comply with the directions, he shall be liable to action under section 145 of
the Code of Civil Procedure.”
(ii) renumber sub-rules (3) and (4) as sub-rules (4) and (5) respectively.
Karnataka.-
In Order XXI, in rule 66, in sub-rule (2),-
(i) re-number clause (e) as clause (f) and insert the following clause, namely:-
“(e) The value of the property as stated by the decree-holder and the value of the
property as stated by the judgment-debtor;”
(ii) in clause (d), omit the word “and”, (w.e.f. 30-3-1967)
Madhya Pradesh.-In Order XXI, in rule 66, in sub-rule (2), at the end, insert the
words “including the decere-holder’s estimate of the approximate market price.”
(w.e.f. 16-9-1960)
Madras.-In Order XXI, in rule 66,-
(i) in sub-rule (1), for the word “made”, substitute the words “drawn up”;
(ii) for sub-rule (2), substitute in the following sub-rule, namely:-
“(2) The term of such proclamation shall be settled in Court after notice to the decree-
holder and judgment-debtor except in cases where notices have already been served
under Order XXI, rule 64 and such proclamation shall state the time and place of sale
and specify as accurately possible-
(a) the property to be sold,
(b) the revenue assessed upon the estate or part of the estate where the property to be
sold is an interest in an estate or part of an estate paying revenue to the Government,
(c) any incumbrance to which the property is liable,
(d) the amount for the recovery of which the sale is ordered,
(e) the value of the property as stated (i) by the D.H. and (ii) by the J.D.,
(f) every other thing which the Court considers material for a purchaser to know in
order to judge the nature and value of the property.” (w.e.f. 5-9-1968)
Patna.-In Order XXI, in rule 66, in sub-rule (2),-
(i) omit the words “shall be drawn up after notice to the decree-holder and the
judgment-debtor and”;
(ii) after clause (e), insert the following proviso, namely:-
“Provided that no estimate of the value of the property other then those, if any, made
by the decree-holder and judgment-debtor respectively together with a statement that
the Court does vouch for the accuracy of either shall be inserted in sate proclamation.”
Punjab, Haryana And Chandigarh.-In Order XXI, in rule 66,-
(i) in sub-rule (2), after clause (e), insert the following proviso, namely:-
“Provided that it shall not be necessary for the Court itself to give its own estimate -of
the value of the property; but proclamation shall include the estimate, if any, given by
either or both of the parties.”
(ii) after sub-rule (2), insert the following sub-rule, namely:-
“(3) Where the property to be sold is movable property which has been made over to a
custodian under sub-clauses (a) or (c) of clause (1) of rule 43 of this Order, the Court
shall also issue a process by way of notice to the custodian, directing him to produce
the property at the place of sale, at a time to be specified therein with a warning that if
he fails to comply with the directions, he shall be liable to action under section 145 of
the C.P. Code.”
(iii) renumber sub-rules (3) and (4) as sub-rules (4) and (5) respectively.
67. Mode of making proclamation
(1) Every proclamation shall be made and published, as nearly as may be, in the
manner prescribed by rule 54, sub-rule (2).
(2) Where the Court so directs, such proclamation shall also be published in the
Official Gazette or in a local newspaper, or in both, and the costs of such publication
shall be deemed to be costs of the sale.
(3) Where property is divided into lots for the purpose of being sold separately, it shall
not be necessary to make a separate proclamation for each lot, unless proper notice of
the sale cannot, in the opinion of the Court, otherwise be given.
Andhra Pradesh.-Same as in Madras.
Karnataka-In Order XXI, in rule 67, after sub-rule (3), insert the following sub-rule,
namely:-
“(4) Unless the Court so directs it shall not be necessary to send a copy of the
proclamation to the judgment-debtor.”
Kerala.-Same as in Madras, (w.e.f. 9-6-1959)
Madras.-In Order XXI, in rule 67,-
(a) (i) for the Marginal heading, substitute the following marginal heading, namely:-
“Mode of publishing the proclamation of sale”;
(iii) in sub-rule (3), for the words “to make a separate proclamation for each lot”,
substitute the words “to publish the proclamation of same separately for each lot”.
(b) after sub-rule (3), insert the following sub-rule, namely:-
“(4) Unless the Court directs it shall not be necessary to send a copy of the
proclamation to the judgment-debtor.”
Patna.-In Order XXI, in rule 67, in sub-rule (1), at the end, omit the full stop and add
the following words, namely:-
“and may, if the Court so directs, on the application of the decree-holder, be

proclaimed and published simultaneously with the order of attachment.”
68. Time of sale
Save in the case of property of the kind described in the proviso to rule 43, no sale
hereunder shall, without the consent in writing of the judgment-debtor, take place
until after the expiration of at least 1[fifteen days] in the case of immovable property,
and of at least 2[seven days] in the case of movable property, calculated from the date
on which the copy of the proclamation has been affixed on the court-house of the
Judge ordering the sale.
1. Subs. by Act. No. 104 of 1976, Sec 72 for “thirty days” (w.e.f. 1-2-1977).
2. Subs. by Act. No. 104 of 1976, Sec. 72 for “fifteen days” (w.e.f. 1-2-1977).
69. Adjournment or stoppage of sale
(1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and
hour, and the officer conducting any such sale may in his discretion adjourn the sale,
recording his reasons for such adjournment:
Provided that, where the sale is made in, or within the precincts of, the court-house,
no such adjournment shall be made without the leave of the Court.
(2) Where a sale is adjourned under sub-rule (1) or a longer period than 1[thirty] days
a fresh proclamation under rule 67 shall be made, unless the judgment-debtor consents
to waive it.
(3) Every sale be stopped if, before the lot is knocked down, the debt and costs
(including the costs of the sale) are tendered to the officer conducting the sale, or
proof is given to his satisfaction that the amount of such debt and costs has been paid
into the Court which ordered the sale.
Allahabad.-In Order XXI, in rule 69, for sub-rule (2), substitute the following sub-
rule, namely:-
“(2) Where a sale has been once adjourned under sub-rule (1), a fresh proclamation
under rule 67 shall be made, under the judgment-debtor consents to wave it:
Provided that where the adjournment is for a period not longer than [thirty] days from
the date originally fixed for sale, no fresh proclamation shall be necessary:
Provided also that the Court may dispense with the consent of any judgment-debtor
who has failed to attend in answer to a notice issued under rule 66.”
Andhra Pradesh.-In Order XXI, in rule 67, in sub-rule (2), for the words “a fresh
proclamation under rule 67 shall be made”, substitute the words “there shall be a fresh
publication of the proclamation in the manner prescribed by rule 67”.
Bombay.-In Order XXI, in rule 67, in sub-rule (1), after the words “adjourn the sale”,
insert the words “to specified day and hour”.
Karnataka.-Same as in Andhra Pradesh only adding the words “of sale” after
“proclamation”, (w.e.f. 30-3-1967)
Kerala.-In Order XXI, in rule 67, in sub-rule (2), insert the following proviso,
namely:-
“Provided that no such fresh proclamation shall be necessary in cases where the sale
has been adjourned on account of the absence of Presiding Judge or on account of the
day fixed for sale being declared a holiday.” (w.e.f. 10-3-1964)
Madras.-In Order XXI, in rule 67, for sub-rule (2), substitute the following sub-rule,
namely:-
“(2) Where a sale is adjourned under sub-rule (1) for a longer period than thirty days,
there shall be fresh publication of the proclamation in the manner prescribed by rule
67, unless the judgment-debtor consents to waive it, or the Court otherwise orders.”
(w.e.f. 5-9-1968)
Patna.-In Order XXI, in rule 67, in sub-rule (2), insert the following proviso,
namely:-
“Provided that the Court may dispense with the consent of any judgment-debtor who
has not appeared in the proceedings.”
1. Subs, by Act. No. 104 of 1976, Sec. 72 for “seven” (w.e.f. 1-2-1977).
70. [Saving of certain sales.]
Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14
(w.e.f. 1-1-1957).
71. Defaulting purchaser answerable for loss on re-sale
Any deficiency of price which may happen on a re-sale by reason of the purchaser’s
default, and all expenses attending such re-sale, shall be certified to the Court by the
officer or other person holding the sale, and shall, at the instance of either the decree-
holder or the judgment-debtor, be recoverable from the defaulting purchaser under the
provisions relating to the execution of a decree for the payment of money.
72. Decree holder not to bid for or buy property without permission
(1) No holder of a decree in execution of which property is sold shall, without the
express permission of the Court, bid for or purchase the property.
(2) Where decree-holder purchases, amount of decree may be taken as payment-

Where a decree-holder purchases with such permission, the purchase-money and the
amount due on the decree may, subject to the provisions of section 73, be set off
against one another, and the Court executing the decree small enter up satisfaction of
the decree in whole or in part accordingly.
(3) Where a decree-holder purchases, by himself or through another person, without

such permission, the Court may, if it thinks fit, on the application of the judgment-
debtor or any other person whose interests are affected by the sale, by order set aside
the sale; and the costs of such application and order, and any deficiency of price
which may happen on the re-sale and all expenses attending it, shall be paid by the
decree-holder.
Allahabad.-In Order XXI, in rule 72,-
(a) omit sub-rules (1) and (3);
(b) re-number sub-rule (2) as sub-rule (1);
(c) in sub-rule (1) as so renumbered, for the words “with such permission”, substitute
the words “the property sold”.
[Vide Notification No. 4084/35(a)-3(7), dated 24th July, 1926.]
Patna.-In Order XXI, in rule 72,- (a) for sub-rule (1), substitute the following sub-
rule, namely:-
“(1) No holder of a decree in execution of which property is sold shall be ‘, precluded

from bidding for or purchasing the property unless on express order to that effect is
made by the Court.”
(b) in sub-rule (2), for the words “with such permission”, substitute the words “the
property”.
(c) for sub-rule (3), substitute the following sub-rule, namely:-

“(3) Where notwithstanding an order made under sub-rule (1) a decree-holder
purchases the property by himself or through another person the Court shall, on the
application of the judgment-debtor or any other person whose interests are affected by
the sale, by order set aside the sale; and the cost of such application and order and any
deficiency of price which may happen on the re-sale and all expenses attending it shall
be in the discretion of the Court.”
1
[72A. Mortgagee not to bid at sale without the leave of the Court
(1) Notwithstanding anything contained in rule 72, a mortgagee of immovable

property shall not bid for or purchase property sold in execution of a decree on the
mortgage unless the Court grants him leave to bid for or purchase the property.
(2) If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price
as regards the mortgagee, and unless the Court otherwise directs, the reserve price
shall be-
(a) not less than the amount then due for principal, interest and costs in respect of the
mortgage if the property is sold in one lot; and
(b) in the case of any property sold in lots, not less than such sum as shall appear to
the Court to be properly attributable to each lot in relation to the amount then due for
principal, interest and costs on the mortgage.
(3) In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in
relation to purchase by the decree-holder under that rule.]
73. Restriction on bidding or purchase by officers.
No officer or other person having any duty to perform in connection with any sale
shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in
the property sold.
Sale of movable property
74. Sale of agricultural produce
(1) Where the property to be sold is agricultural produce, the sale shall be held,-
(a) if such produce is a growing crop, on or near the land on which such crop has
grown, or
(b) if such produce has been cut or gathered, at or near the threshing floor or place for
treading out grain or the like or fodder-stack on or in which it is deposited:
Provided that the Court may direct the sale to be held at the nearest place of public
resort, if it is of opinion that the produce is thereby likely to sell to greater advantage.
(2) Where, on the produce being put up for sale,-
(a) a fair price, in the estimation of the person holding the sale, is not offered for it,
and
(b) the owner of the produce or a person authorized to act in his behalf applies to have
the sale postponed till next day or, if a market is held at the place of salej the next
market-day,
the sale shall be postponed accordingly and shall be then completed, whatever price
may be offered for the produce.
75. Special provisions relating to growing crops.
(1) Where the property to be sold is a growing crop and the crop from its nature
admits of being stored but has not yet been stored, the day of the sale shall be so fixed
as to admit of its being made ready for storing before the arrival of such day, and the
sale shall not be held until the crop has been cut or gathered and is ready for storing.
(2) Where the crop from its nature does not admit of being stored, it may be sold
before it is cut and gathered and the purchaser shall be entitled to enter on the land,
and to do all that is necessary for the purpose of tending and cutting or gathering it.
Bombay.-In Order XXI, in rule 75, in sub-rule (2), after the words “being stored”,
insert the words, “or, where it appears-‘to the Court that the crop [shall] be sold to
greater advantage in an unripe state”.
Calcutta.-In Order XXI, in rule 75, in sub-rule (2),-
(a) after the words “Where the crop from its nature does not admit of being stored”,
insert the words “or can be sold to greater advantage in an unripe state (e.g. as green
wheat)”,
(b) between the words “tending” and “cutting” for the word “and” substitute the word
“or”.
[Vide Notification No. 3615-G, dated 3rd February, 1933.]
Delhi.-Same as in Punjab.
Gauhati.-Same as in Calcutta.
Himachal Pradesh.-Same as in Punjab.
Karnataka.-In Order XXI, for rule 75, substitute the following rule, namely:-
“75. (1) Where the property to be sold is a growing crop and the crop from its nature
admits of being stored but has not yet been stored, unless the Court decides to proceed
under the provisions of sub-rule (2) of this rule, the day of sale shall be so fixed as to
admit of its being made ready for storing before the arrival of such day, and the sale
shall not be held until the crop has been cut or gathered and is stored.
(2) Where the crop from its nature does not admit of being stored or can be sold to
greater advantage in an unripe state, it may be sold before it is cut and gathered or in
such unripe state, and the purchaser shall be entitled to enter on the land and do all
that is necessary for the purpose of tending and cutting or gathering the said crop.”
(30-3-1967)
Kerala.-Same as in Madras
[Vide Notification No. 81-3312/58, dated 7th April, 1959.]
Madhya Pradesh.-In Order XXI, in rule 75, in sub-rule (2), after the words “being
stored”, insert the words “or, where it appears to the Court that the crop can be sold to
greater advantage in an unripe state”, (w.e.f. 16-9-1960) Madras.-In Order XXI, in
rule 75,-
(a) in sub-rule (1), after the words “yet been stored”, insert the words “unless the
Court decides to proceed under the provisions of sub-rule (2) hereunder”,
(b) in sub-rule (2) after the words “being stored”, insert the words “or can be sold to
greater advantage in an unripe state” and after the words “and gathered”, insert the
words “or in such unripe state”, (w.e.f. 9-6-1959}
Patna.-In Order XXI, for rule 75, substitute the following rule, namely:-
“75. Where the property to be sold is a growing crop which can be sold to greater
advantage in an unripe or unreaped state, it may be sold unreaped, and the purchaser
shall be entitled to enter on the land to do all that is necessary for the purpose of
tending and reaping it. In all other cases the day of sale shall be so fixed as to admit of
the crop ripening and reaped before the sale.”
[Vide Notification No. 1-R, dated 7th January, 1936.]
Punjab.-In Order XXI, in rule 75, in sub-rule (2), after the word “stored”, insert the
words “or can be sold to greater advantage in an unripe state”.
[Vide Notification No. 2212-G, dated 12th May, 1909 and Notification No. 123-R/XI-
Y-14, dated 28th April, 1938.]
76. Negotiable instruments and shares in corporations
Where the property to be sold is a negotiable instrument or a share in a corporation,

the Court may, instead of directing the sale to be made by public auction, authorize
the sale of such instrument or share through a broker.
77. Sale by public auction
(1) Where movable property is sold by public auction the price of each lot shall be
paid at the time of sale or as soon after as the officer or other person holding the sale
directs, and in default of pay ment the property shall forthwith be re-sold.
(2) On payment of the purchase-money, the officer or other person holding the sale
shall grant a receipt for the same, and the sale shall become absolute.
(3) Where the movable property to be sold is a share in goods belonging to the
judgment-debtor and a co-owner, and two or more persons, of whom one is such co-
owner, respectively bid the same sum for such property or for any lot, the bidding
shall be deemed to be the bidding of the co-owner.
78. Irregularity not to vitiate sale, but any person injured may sue
No irregularity in publishing or conducting the sale of movable property shall vitiate

the sale; but any person sustaining any injury by reason of such irregularity at the
hand of any other person may institute a suit against him for compensation or (if such
other person is the purchaser) for the recovery of the specific property and for
compensation in default of such recovery.
79. Delivery of movable property, debts and shares

(1) Where the property sold is movable property of which actual seizure has been
made, it shall be delivered to the purchaser.
(2) Where the property sold is movable property in the possession of some person
other than the judgment-debtor, the delivery thereof to the purchaser shall be made by
giving notice to the person in possession prohibiting him from delivering possession
of the property to any person except the purchaser.
(3) Where the property sold is a debt not secured by a negotiable instrument, or is a
share in a corporation, the delivery thereof shall be made by a written order of the
Court prohibiting the creditor from receiving the debt or any interest thereon, and the
debtor from making payment thereof to any person except the purchaser, of
prohibiting the person in whose name the share may be standing from making any
transfer of the share to any person except the purchaser, or receiving payment of any
dividend or interest thereon, and the manager, secretary or other proper officer of the
corporation from permitting any such transfer or making any such payment to any
person except the purchaser.
80. Transfer of negotiable instruments and shares.
(1) Where the execution of a document or the endorsement of the party in whose
name a negotiable instrument or a share in a corporation is standing is required to
transfer such negotiable instrument or share, the Judge or such officer as he may
appoint in this behalf may execute such document or make such endorsement as may
be necessary, and such execution or endorsement shall have the same effect as an
execution or endorsement by the party.
(2) Such execution or endorsement may be in the following form, namely:-
A.B. by C.D. Judge of the Court of (or as the case may be), in a suit by E.F. against
AS.
(3) Until the transfer of such negotiable instrument or share, the Court may, by order
appoint some person to receive any interest or dividend due thereon and to sign a
receipt for the same; and any receipt so signed shall be as valid and effectual for all
purposes as if the same had been signed by the party himself.
ORDER XXI (81-106). EXECUTION OF DECREES

AND ORDERS
ORDER XXI. EXECUTION OF DECREES AND ORDERS
Payment under decree
81. Vesting order in case of other property.
In the case of any movable property not hereinbefore provided for, the Court may
make an order vesting such property in the purchaser or as he may direct; and such
property shall vest accordingly.
Sale of immovable property
82. What Courts may order sales.
Sales of immovable property in execution of decrees may be ordered by any Court

other than a Court of Small Causes.
HIGH COURT AMENDMENT
Kerala.-In Order XXI, in rule 82, for the words “of Small Causes”, substitute the
words “exercising small cause jurisdiction”. (w.e.f. 9-6-1959).
83. Postponement of sale to enable judgment-debtor to raise amount of decree.
(1)Where an order for the sale of immovable property has been made, if the judgment-
debtor can satisfy the Court that there is reason to believe that the amount of the
decree may be raised by the mortgage or lease or private sale of such property, or
some part thereof, or of any other immovable property of the judgment-debtor, the
Court may, on his application, postpone the sale of the property comprised in the
order for sale on such terms and for such period as it thinks proper, to enable him to
raise the amount.
(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing
him within a period to be mentioned therein, and notwithstanding anything contained
in section 64, to make the proposed mortgage, lease or sale:
Provided that all moneys payable under such mortgage, lease or sale shall be paid, not
to the judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such
money under the provisions of rule 72, into Court:
Provided also that not mortgage, lease or sale under this rule shall become absolute
until it has been confirmed by the Court.
(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be
sold in execution of a decree for sale in enforcement of a mortgage of, or charge on,
such property.
84. Deposit by purchaser and re-sale on default.
(1) On every sale of immovable property the person declared to be the purchaser shall
pay immediately after such declaration a deposit of twenty-five per cent, on the
amount of his purchase-money to the officer or other person conducting the sale, and
in default of such deposit, the property shall forthwith be re-sold.
(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-
money under rule 72, the Court may dispense with the requirements of this rule.
Allahabad.-In Order XXI, in rule 84, in sub-rule (2), at the end, insert the following
words, namely:-
“The court shall not dispense with the requirements of this rule in a case in which
there is an application for rateable distribution of assets.”
[Vide Notification No. 16699-H, dated 17th January, 1953.]
85. Time for payment in full of purchase-money.
The full amount of purchase-money payable shall be paid by the purchaser into Court
before the Court closes on the fifteenth day from the sale of the property:
Provided, that, in calculating the amount to be so paid into Court, the purchaser shall
have the advantage of any set-off to which he may be entitled under rule 72.
Bombay.-In Order XXI, in rule 85,-
(i) after the words “purchase-money payable”, insert the words “together with the
amount required for general stamp paper for certificate under rule 94”.
(ii) for the proviso, substitute the following provisos and Explanation, namely:-
“Provided that, in Respect of the purchase money, the purchaser shall have the
advantage of any set-joff to which he may be entitled under rule 72:
Provided further that, if as a result of some bona fide mistake or miscalculation the
amount deposited fails short of the full amount of the purchase-money, the Court may
in its discretion allow the shortfall to be made up after fifteen days of the sale, and if
the full amount of the purchase-money is deposited within such time as the Court may
allow, the Court may condone the delay, if it considers it just and proper to do so.
Explanation.-When an amount is tendered in Court on any day after 1 p.m. but not
accepted by the Court and is paid into Court on the next working day between 11 a.m.
and 1 p.m., the payment shall be deemed to have been made on the day on which the
tender is made.” (w.e.f. 1-10-1983)
Gujarat.-In Order XXI, after rule 85, insert the following rule, namely:-
“85A. Set-off where execution has been transferred to Collector.-In cases where
execution has been transferred to the Collector, for the purposes of rules 84 and 85,
the purchaser shall be deemed to be entitled to a set-off under rule 72 if he produces a
certificate to that effect from the Court executing the decree.” (w.e.f. 17-8-1961)
Kerala.-In Order XXI, in rule 85,- ”
(i) after the words “purchase-money payable”, insert the words “together with the
amount required for the general stamp paper for the certificate under rule 94”.
(ii) in the proviso, for the words “in calculating the amount to be so paid into Court”,
substitute the words “in respect of the purchase-money”, (w.e.f. 1-1-1966)
Madhya Pradesh.-In Order XXI, in rule 85, insert the following Explanation,
namely:-
“Explanation.-When an amount is tendered on any day after 1 p.m. but paid into Court
on the next working day between 11 a.m. and 1 p.m., the payment shall be deemed to
have been made on the day on which the tender is made.”
[Vide Notification No. 3409, dated 29th June, 1943.]
Madras.-In Order XXI, for rule 85, substitute the following rule, namely:-
“85. Time for payment in full of purchase-money and of stamp certificate of sale.-The
full amount of purchase money payable and the general stamp for the certificate under
rule 94 or the amount required for such stamp, shall be deposited into Court by the
purchaser before the Court closes on the fifteenth day from the sale of the property:
Provided that in calculating the amount of purchase-money to be so deposited the

purchaser shall have the advantage of any set-off to which he may be entitled under
rule 72.”
[Vide P. Dis. No. 677, dated 25th November, 1944.]

86. Procedure in default of payment
In default of payment within the period mentioned in the last preceding rule, the
deposit may, if the Court thinks fit, after defraying the expenses of the sale, be
forfeited to the Government, and the property shall be re-sold, and the defaulting
purchaser shall forfeit all claim to the property or to any part of the sum for which it
may subsequently be sold.
87. Notification on re-sale
Every re-sale of immovable, property, in default of payment of the purchase-money

within the period allowed for such payment, shall be made after the issue of fresh
proclamation in the manner and for the period hereinbefore prescribed for the sale.
Bombay.-In Order XXI, in rule 87, for the words “of the purchase-money”, substitute
the words “of the amount mentioned in rule 85”.
[Vide Maharashtra Gazette, Ft. IV-C, p. 418, dated 15th September, 1983 (w.e.f. 1-
10-1983).
Kerala.-Same as in Madras.
[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]
Madras.-In Order XXI, in rule 87, for the words “payment of the purchase-money”
substitute the words “the payment of the amounts mentioned in rule 85”.
[Vide GOMs No. 2922-Home, dated 28th October, 1936-HCP Dis No. 690 of 1936.]
88. Bid of co-sharer to have preference
Where the property sold is a share of undivided immovable property and two or more
persons, or whom one is a co-sharer, respectively bid the same sum for such property
or for any lot, the bid shall be deemed to be the bid of the co-sharer.
89. Application to set aside sale on deposit
(1) Where immovable property has been sold in execution of a degree, 1[any person
claiming an interest in the property sold at the time of the sale or at the time of making
the application, or acting for or in the interest of such person,] may apply to have the
sale set aside on his deposition in Court,-
(a) for payment to the purchaser, a sum equal to five per cent of the purchase-money,
and
(b) for payment, to the decree-holder, the amount specified in the proclamation of sale
as that for the recovery of which the sale was ordered less any amount which may,
since the date of such proclamation of sale, have been received by the decree-holder.
(2) Where a person applies under rule 90 to set aside the sale of his immovable
property, he shall not unless he withdraws his application, be entitled to make or
prosecute an application under this rule.
(3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be
under in respect of costs and interest not covered by the proclamation of sale.
1. Subs, by Act No. 104 of 1976 for certain words (w.e.f. 1-2-1977).
Bombay.-In Order XXI, in rule 89, in sub-rule (1), insert the following proviso,
namely:- “Provided that if the full amount required to be deposited in Court under this
rule is not deposited at the time of making the application through some bona fide
mistake or miscalculation and the short-fall is made up within one week from the date
of the discovery of the mistake or calculation, the Court may condone the delay, if it
considers it just and proper to do so.” (w.e.f. 1-11-1966)
Karnataka.-In Order XXI, in rule 89, in sub-rule (1),-
(i) in clause (b), for the words “such proclamation of sale, have been received by the
decree-holder”, substitute the words “that proclamation of sale, have been paid or
deposited towards satisfaction of the decree”. (ii) insert the proviso as in Madras.
Kerala.-In Order XXI, in rule 89, in sub-rule (1),-
(i) in clause (b), for the words “date of such proclamation”, substitute the words “date
of the proclamation”;
(ii) insert the following provisos, namely:-
“Provided that, when several items of properties are sold separately, the sale of one or
more of such items may be set aside on depositing in Court the amount of the
purchase-money for the items the sale of which is sought to be set aside and a sum
equal to five per cent, of that amount, and the balance, if any, of the amount specified
in the proclamation of sale as that for the recovery of which the sale was ordered still
remains unrealised:
Provided further that where the immovable property sold is liable to discharge a
portion of the decree debt, the payment under clause (b) of this sub-rule need not
exceed such amount as under the decree the owner of the property sold is liable to
pay.” (w.e.f. 9-6-1959)
Madras.-In Order XXI, in rule 89, in sub-rule (1),-
”(i) in clause (b) for the words “date of such proclamation”, substitute the words “date
of that proclamation”,
(ii) insert the following proviso, namely:-
“Provided that where the immovable property sold is liable to discharge a portion of
the decree debt, the payment under clause (b) of this sub-rule need not exceed such
amount as under the decree the owner of the property sold is liable to pay”
[Vide GOMs 2084 Home, dated 2nd September, 1936-HCP Dis No. 691, dated 13th
October, 1936].
1
[90. Application to set aside sale on ground of irregularity or fraud
(1) Where any immovable property has been sold in execution of a decree, the decree-
holder, or the purchaser, or any other person entitled to share in a rateable distribution
of assets, whose interests are affected by the sale, may apply to the Court to set aside
the sale on the ground of a material irregularity or fraud in publishing or conduction it.
(2) No sale shall be set aside on the ground of irregularity or fraud in publishir or
conducting it unless, upon the facts proved, the Court is satisfied that the applicant has
sustained substantial injury by reason of such irregularity or fraud.
(3) No application to set aside a sale under this rule shall be entertained upon an
ground which the applicant could have taken on or before the date on which the
proclamation of sale was drawn up.
Explanation.-There mere absence of, or defect in, attachment of the property sold
shall not, by itself, be a ground for setting aside a sale under this rule.]
1. Subs, by Act No. 104 of 1976, sec. 72 for rule 90 (w.e.f. 1-2-1977).
91. Application by purchaser to set aside sale on ground of judgment-debtor

having no saleable interest.
The purchaser at any such sale in execution of decree may apply to the Court to set
aside the sale, on the ground that the judgment-debtor had no saleable interest in the
property sold.
Gujarat-In Order XXI, after rule 91, insert the following rule, namely:-
“91A. Deposits how to be made., where execution is transferred to Collector.-Where

the execution of a decree has been transferred to the Collector and the sale has been
conducted by the Collector or by an officer subordinate to the Collector, an
application under rule 89, 90 or 91, and in the case of an application under rule 89, the
deposit required by that rule if made to the Collector or the officer to whom the decree
is referred for execution in accordance with any rule framed by the State Government
under section 70 of the Code, shall be deemed to have been made to or in the Court
within the meaning of rules 89, 90 and 91.” (w.e.f. 17-8-1961)
92. Sale when to become absolute or be set aside.
(1) When no application is made under rule 89, rule 90 or rule 91, or where such
application is made and disallowed, the Court shall make an order confirming the sale,
and thereupon the sale shall become absolute:
1
[Provided that, where any property is sold in execution of a decree pending the final
disposal of any claim to, or any objection to the attachment of, such property, the
Court shall not confirm such sale until the final disposal of such claim or objection.]
(2) Where such application is made and allowed, and where, in the case of an
application under rule 89, the deposit required by that rule is made within 2[sixty days]
from the date of sale, 3[or in cases where the amount deposited under rule 89 is found
to be deficient owing to any clerical or arithmetical mistake on the part of the
depositor and such deficiency has been made good within such time as may be fixed
by the Court, the Court shall make an order setting aside the sale]:
Provided that no order shall be made unless notice of the application has been given to
all persons affected thereby.
4
[Provided further that the deposit under this sub-rule may be made within sixty days
in all such cases where the period of thirty days, within which the deposit had to be
made, has not expired before the commencement of the Code of Civil Procedure
(Amendment) Act, 2002.
(3) No suit to set aside an order made under this rule shall be brought by any person
against whom such order is made.
5
[(4) Where a third party challenges the judgment-debtor’s title by filing a suit against
the auction-purchaser, the decree-holder and the judgment-debtor shall be necessary
parties to the suit.
(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-
holder to refund the money to the auction-purchaser, and where such an order is
passed the execution proceeding in which the sale had been held shall, unless the
Court directs, be revived at the stage at which the sale was ordered.]
Allahabad.-In Order XXI, in rule 92, in sub-rule (1), after the words “the Court shall
make”, insert the words “subject to the provisions of rule 58 (2)”.
[Vide Notification No. 4084/35(a}-3(7), dated 24th July, 1926.]
Andhra Pradesh.-Same as in Madras. Bombay.-In Order XXI, in rule 92,-
(i) in sub-rule (1), insert the following proviso, namely:-
“Provided that before confirming the sale the Court shall satisfy itself that the amount
paid under rule 85 for the purchase of general stamp paper for the certificate under
rule 94 is sufficient for the purpose in accordance with the rate in force at the time of
confirmation and may, notwithstanding anything contained in rule 86, give the
purchaser such times as it thinks fit for making good any deficiency.” (w.e.f. 1-10-
1983) (ii) in sub-rule (2), insert words as in Madras by only substituting the words
“has become deficient” for the words “has been diminished”.
[Vide Notification No. Bl-3312-58, dated 7th April, 1959.]
Kerala.-In Order XXI, in rule 92, in sub-rule (2),–
(i) for the words “thirty days”, substitute the words “sixty days”, (w.e.f. 9-2-1988)
[Ed.-This amendment relates to sub-rule (2) prior to its amendment made by the
Central Act 22 of 2002, sec. 14 (w.e.f. 1-7-2002).]
(ii) after the words “from sale”, insert the words “and in case where the amount
deposited has become deficient owing to any cause not within the control of the
depositor such deficiency has been made good within such time as may be fixed by
the Court”.
Madhya Pradesh.-In Order XXI, in rule 92, in sub-rule (1), after the words “the
Court shall make”, insert the words “subject to the provisions of rule 58 (2)”.
[Vide Notification No. 3409, dated 29th June, 1943,]
Madras.-In Order XXI, in rule 92, in sub-rule (2), after the words “within thirty days
from the date of sale” insert the following words:-
“and in case where the amount deposited has been diminished owing to any cause not
within the control of the depositor such deficiency has been made good within such
time as may be fixed by the Court.”
[Ed.-This amendment relates to sub-rule (2) prior to its amendments made by the
Central Act 104 of 1976, sec. 72 (w.e.f. 1-2-1977} and Central Act 22 of 2002, sec. 14
(w.e.f. 1-7-2002).]
Patna.-Same as in Allahabad.
1. Added by Act No. 104 of 1976, sec. 72 (w.e.f. 1-2-1977).
2. Substituted for ‘thirty days’ by Act No. 22 of 2002, section 14 (w.e.f. 1-7-2002).
3. Subs, by Act No. 104 of 1976, sec. 72 for “the Court shall make an order
setting aside the sale” (w.e.f. 1-2-1977).
4. Inserted by Act No. 22 of 2002, section 14 (w.e.f. 1 -7-2002).
5 Ins by Act No. 104 of 1976, sec. 72 (w.e..f. 1-2-1977).
93. Return of purchase-money in certain cases.
Where a sale of immovable property is set aside under rule 92, the purchaser shall be
entitled to an order for repayment of his purchase-money, with or without interest as
the Court may direct, against any person to whom it has been paid.
94. Certificate to purchaser.
Where a sale of immovable property has become absolute, the Court shall grant a
certificate specifying the property sold and the name of the person who at the time of
sale of is declared to be the purchaser. Such certificate shall bear date the day on
which the sale became absolute.
Allahabad.-In Order XXI,-

(i) renumber rule 94 as sub-rule (1) thereof;
(ii) after sub-rule (1) as so renumbered, insert following sub-rule, namely:-
“(2) Where immovable property is transferred otherwise than by sale, a document of

transfer shall be granted by the Court specifying the property, the name of the person
to whom it is transferred and the terms on which the transfer is made. Such document
shall bear the date the day on which the transfer was ordered.” (w.e.f. 13-2-1960)
Bombay.-In Order XXI, in rule 94, between the words “sold” and “and”, insert a
comma and the words “the amount of the purchase-money”, (w.e.f. 1-10-1983)
Madhya Pradesh.-Same as in Bombay, (w.e.f. 16-9-1960)
Patna.-In Order XXI, for rule 94, substitute the following rule, namely:-
“94. Certificate to purchaser.-Where a sale of immovable property has become

absolute the auction-purchaser shall file the sale certificate stamp within fifteen days
from the date of confirmation of the sale, and the Court shall grant a certificate
specifying the property sold and the name of the person who at the time of sale is
declared to be purchaser. Such certificate shall bear the date the day on which the sale
becomes absolute. If the necessary stamp for sale certificate is not filed within the
prescribed period the sale may, if the Court thinks fit, be set aside.”
95. Delivery of property in occupancy of judgment-debtor
Where the immovable property sold is in the occupancy of the judgment-debtor or of

some person on his behalf or of some person claiming under a title created by the
judgment-debtor subsequently to the attachment of such property and a certificate in
respect thereof has been granted under rule 94, the Court shall, on the application of
the purchaser, order to delivery to be made by putting such purchaser or any person
whom he may appoint to receive delivery on his behalf in possession of the property,
and, if need be, by removing any person who refuses to vacate the same.
Madras.-In Order XXI,-
(i) renumber rule 95 as sub-rule (1) thereof;
(ii) after sub-rule (1) as to renumbered, insert the following sub-rule, namely:-
“(2) Where delivery of possession of a house is to be given and it is found to be
locked’ orders of Court shall be taken for breaking open the lock and for delivery of
possession of the same to the purchaser.
If it is found at the time of delivery, that there are movables, in the house to which the
purchaser has no claim and the judgment-debtor is absent or, if present, does not
immediately remove the same, the officer entrusted with the warrant for delivery shall
make an inventory of the articles so found with their probable value in the presence of
respectable persons on the spot, have the same attested by them and leave the
movables in the custody of the purchaser after taking a bond from him for keeping the
articles in custody pending orders of Court for disposal of the same.
The officer shall then make a report to the Court and forward therewith the attested
inventory taken by him.
The Court shall thereupon issue a notice to the judgment-debtor requiring him to take
delivery of the said movables within thirty days from the date of the notice, and in
default will be sold in public auction at his risk and the proceeds applied for meeting
all legitimate expenses of custody and sale and the balance, if any, will be refunded to
the judgment-debtor:
Provided that, if movable articles referred to above are perishable, the officer shall sell
them in public auction immediately and bring the proceeds into Court. The notice to
the judgment-debtor shall in such case call upon him to receive the amount from
Court within three months.” (w.e.f. 17-8-1966)
96. Delivery of property in occupancy of tenant
Where the property sold is in the occupancy of a tenant or other person entitled to
occupy the same and a certificate in respect thereof has been granted under rule 94,
the Court shall, on the application of the purchaser, order delivery to be made by
affixing a copy of the certificate of sale in some conspicuous place on the property,
and proclaiming to the occupant by beat of drum or other customary mode, at some
convenient place, that the interest of the judgment-debtor has been transferred to the
purchaser.
Allahabad.-In Order XXI, after rule 96, insert the following rule namely:-
“96A. (1) The Court executing a decree may of its own motion or on application and
on such terms as may appear to it just and reasonable in the circumstances of the case
as are acceptable to the transferee, order that any property of the judgment-debtor
attached by it, be transferred otherwise by sale in favour of the decree-holder or any
other person not a party to the decree, for the purpose of satisfying the decree or
portion thereof.
(2) The provisions of rules 64 to 103 of this order shall apply mutatis mutandis to a
transfer other than sale made under this rule except that the Court may in its discretion
dispense with the necessity of such transfer being made after issuing a proclamation
or of the transfer being conducted by an officer of the Court by public auction or after
issuing a proclamation.” (w.e.f. 13-2-1960)
Resistance to delivery of possession to decree- holder or purchaser
97. Resistance or obstruction to possession of immovable property.
(1) Where the holder of a decree for the possession of immovable property or the
purchaser of any such property sold in execution of a decree is resisted or obstructed
by any person in obtaining possession of the property, he may make an application to
the Court complaining of such resistance or obstruction.
1
[(2) Where ?ny application is made under sub-rule (1), the Court shall proceed to
adjudicate upon ihe application in accordance with the provisions herein con-tained.]
1. Subs. by Act No. 104 of 1976, sec. 72 for sub-rule (2) (w.e.f. 1-2-1977).
1
[98. Orders after adjudication.
(1) Upon the determination of the questions referred to in rule 101, the Court shall, in
accordance with such determination and subject to the provisions of sub-rule (2),-
(a) make an order allowing the application and directing that the applicant be put into
the possession of the property or dismissing the application; or
(b) pass such other order as, in the circumstances of the case, it may deem fit.
(2) Where, upon such determination, the Court is satisfied that the resistance or
obstruction was occasioned without any just cause by the judgment-debtor or by some
other person at his instigation or on his behalf, or by any transferee, where such
transfer was made during the pendency of the suit or execution proceeding, it shall
direct that the applicant be put into possession of the property, and where the
applicant is still resisted or obstructed in obtaining possession, the Court may also at
the instance of the applicant, order the judgment-debtor, or any person acting at his
instigation or on his behalf, to be detained in the civil prison for a term which may
extend to thirty days.
Bombay.-In Order XXI, in-rule 98, for sub-rule (2), substitute the following sub-rule,
namely:-
“(2) Where upon such determination, the Court is satisfied that the resistance or
obstruction was occasioned without any just cause by the judgment-debtor on by some
other person at his instigation or on his behalf, or by any transferee where such
transfer was made during the pendency of the suit or execution proceeding, it shall
direct that the applicant be put into possession of the property, and where the
applicant is still resisted or obstructed in obtaining possession, the Court may also, at
the instance of the applicant, order the judgment-debtor, or any person acting at his
instigation or on his behalf, to be detained in the Civil prison for a term which may
extend to thirty days. The Court may also order the person or persons whom it holds
responsible for such resistance or obstruction to pay jointly to severally in addition to
costs, reasonable compensation to the decree-holder or the purchaser, as the case may
be for the delay and expenses caused to him in obtaining possession. Any order made
under this rule shall have the same force and be subject to the same conditions as to
appeal or otherwise at if it were a decree.” [Vide Maharashtra Government Gazette,
Pt. IV, ka, p. 418, dated 15th September, 1983 (w.e.f. 1-10-1983).]
1. Subs,. by Act No. 104 of 1976, sec. 72 for rules 98 to 103 (w.e.f. 1-2-1977).
1
[99. Dispossession by decree-holder or purchaser
(1) Where any person other than the judgment-debtor is dispossessed of immovable
property by the holder of a decree for possession of such property or, where such
property has been sol in execution of a decree, by the purchaser thereof, he may make
an application to the Court complaining of such dispossession.
(2) Where any such application is made, the Court shall proceed to adjudical upon the
application in accordance with the provisions herein contained.]
1. Subs. by Act 104 of 1976, sec. 72 for rules 98 to 103 (w.e.f. 1-2-1977)
100. Order to be passed upon application complaining of dispossession
Upon the determination of the questions referred to in rule 101, the Court shall, in
accordance with such determination,-
(a) make an order allowing the application and directing that the applicant be pi into
the possession of the property or dismissing the application; or
(b) pass such other order as, in the circumstances of the case, it may deem fit.
Bombay.-In Order XXI, in rule 100, insert the following proviso, namely:-
“Where it is determined that the application is made by person to whom the judgment-
debtor has transferred the property after the institution of the suit in which the decree
was passed, the Court shall dismiss the application under sub-rule (a) above.” (w.e.f.
1-10-1983)
101. Questions to be determined
All questions (including questions relating to right, title or interest in the property)
arising between the parties to a proceeding on an application under rule 97 or rule 99
or their representatives, and relevant to the adjudication of the application, shall be
determined by the Court dealing with the application and not by a separate suit and for
this purpose, the Court shall notwithstanding anything to the contrary contained in any
other law for the time being in force, be deemed to have jurisdiction to decide such
questions.
Bombay.-In Order XXI, in rule 101, insert the following proviso, namely:-
“Provided that when the Court is not competent to decide such question due to want
of pecuniary jurisdiction the Court shall send the execution case to the Court of the
District Judge to “Which the said Court is subordinate and thereupon the Court of the
District Judge or any other competent Court to which it may be transferred by the
District Judge, shall deal with it in the same manner as if the case had been originally
instituted in that Court.” (w.e.f. 1-10-1983)
102. Rules not applicable to transferee pendent life
Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a

decree for the possession of immovable property by a person to whom the judgment-
debtor has transferred the property after the institution of the suit in which the decree
was passed or to the dispossession of any such person.
Explanation-In this rule, “transfer” includes a transfer by operation of law.
Bombay.-In Order XXI, omit rule 102.
103. Orders to be treated as decrees

Where any application has been adjudicated upon under rule 98 or rule 100 the other
made thereon shall have the same force and be subject to the same conditions as to an
appeal or otherwise as if it were a decree.]
1
[104. Order under rule 101 or rule 103 to be subject to the result or pending suit
Every order made under rule 101 or rule 103 shall be subject to the result of any suit
that may be pending on the date of commencement of the proceeding in which such
order is made, if in such suit the party against whom the order under rule 101 or rule
103 is made has sought to establish a right which he claims to the present possession
of the property.

1
[105. Hearing of application
(1) The Court, before which an application under any of the foregoing rules of this
Order is pending, may fix a day for the hearing of the application.
(2) Where on the day fixed or on any other day to which the hearing may be
adjourned the applicant does not appear when the case is called on for hearing, the
Court may make an order that the application be dismissed.
(3) Where the applicant appears and the opposite party to whom the notice has been
issued by the Court does not appear, the Court may hear the application ex pane and
pass such order as it thinks fit.
Explanation.-An application referred to in sub-rule (1) includes a claim or objection

made under rule 58.]

1
[106. Setting aside order passed ex parte, etc.
(1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the
opposite party against whom an order is passed exparte under sub-rule (3) of that rule
or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if
he satisfies the Court that there was sufficient cause for his non-appearance when the
application was called on for hearing, the Court shall set aside the order or such terms
as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing
of the application.
(2) No order shall be made on an application under sub-rule (1) unless notice of the
application has been served on the other party.
(3) An application under sub-rule (1) shall be made within thirty days from the date of
the order, or where, in the case of an ex pane order, the notice was not duly served,
within thirty days from the date when applicant had knowledge of the order.]
Allahabad.-In Order XXI, after rule 106, insert the following rules, namely:-
“106A. When the certificate prescribed by section 41 is received by the Court which
sent the decree for execution, it shall cause the necessary details as to the result of
execution to be entered in its register of civil suits before the papers are transmitted to
the record room.
106B. Every attachment of movable property under rule 43, of the Negotiable
Instruments under rule 51 and of immovable property under rule 54, shall be made
through a Civil Court Amin, or bailiff, unless special reasons render it necessary that
any other agency should be employed; in which case those reasons shall be stated in
the handwriting of the presiding Judge himself in the order for attachment.
106C. When the property which it is sought to bring to sale is immovable property
within the definition of the same contained in law for the time being in force relating
to the registration of documents, the decree-holder shall file with his application for an
order for sale a certificate from the Sub-Registrar within whose sub-district such
property is situated, showing that the Sub-Registrar has searched his books Nos. I and
II and their indices for twelve years preceding the mortgage or attachment as the case
may be and stating the encumbrances, if any, which he has found on the property.
107. When an application is made for the sale of land or of any interest in land, the
Court shall, before ordering sale thereof, call upon the parties to state whether such
land is or is not ancestral land within the Notification No. 1887/1-238-10, dated 7th
October, 1911, of Local Government, and shall fix a date for determining the said
question.
On the day so fixed, or on any date to which the enquiry may have been adjourned,
the Court may take such evidence, by affidavit or otherwise, as it may deem
necessary, and may also call for a report from the Collector of the district as to
whether such land or any portion thereof is ancestral land.
After considering the evidence and the report, if any, the Court shall determine
whether such land, or any, and what part of it, is ancestral land.
The result of the enquiry shall be noted in an order made for the purpose by the
presiding Judge in his own handwriting.
108. When the property which it is sought to bring to sale is revenue-paying or

revenue-free land or any interest in such land, and the decree is not sent to the
Collector for execution under section 68, the Court, before ordering sale, shall also
call upon the Collector in whose district such property is situate to report whether the
property is subject to any (and, if so, to what) outstanding claims on the part of
Government.
109. The certificate of the Sub-Registrar and the report of the Collector shall be open
to the inspection of the parties of their pleaders, free of charge, between the time of
the receipt by the Court and the declaration of the result of the enquiry. No fees are
payable in respect of the report by Collector.
110. The result of the enquiry under rule 66 shall be noted in an order made for the
purpose by the presiding Judge in his own handwriting. The Court may, in its
discretion, adjourn the enquiry, provided that the reasons for the adjournment are
stated in writing, and that no more adjournments are made than are necessary for the
purposes of the enquiry.
111. If after proclamation of the intended sale has been made any matter is brought to
the notice ef the Court which it considers material for purchasers to know, the Court
shall cause the same to be notified to intending purchasers when the property is put up
for sale.
112. The costs of the proceedings under rules 66,106 and 108 shall be paid in the first
instance by the decree-holder; but they shall be charged as part of the costs of the
execution, unless the Court, for reasons to be specified in writing, shall consider that
they shall either wholly or in part be omitted therefrom.
113. Whenever any Civil Court has sold, in execution of a decree or other order, any
house or other building situated within the limits of a military cantonment or station, it
shall, as soon as the sale has been confirmed, forward to the commanding officer of
such cantonment or station for his information and for record in the Brigade or other
proper office, a written notice that such sale has taken place; and such notice shall
contain full particulars of the property sold and the name and address of the purchaser.
114. Whenever guns or other arms in respect of which licences have to be taken by
purchasers under the Arms Act, 1959 are sold by public auction in execution of decree
by order of a Civil Court, the Court directing the State shall give due notice to the
Magistrate of the district of the names and addresses of the purchasers, and of the time
and place of the intended delivery to the purchasers of such arms, so that proper steps
may be taken by the police to enforce the requirements of the Arms Act.
115. When an application is made for the attachment of live-stock or other movable
property, the decree-holder shall pay into Court in cash such sum as will cover the
costs of the maintenance and custody of the property for fifteen days. If within three
clear days before the expiry of any such period of fifteen days the amount of such
costs for such further period as the Court may direct be not paid into Court, the Court,
on receiving a report thereof from the proper officer, may issue an order for the
withdrawal of the attachment and direct by whom the costs of the attachment are to be
paid.
116. Live-stock which has been attached in execution of a decree shall ordinarily be
left at the place where the attachment is made either in custody of the judgment-debtor
on his furnishing security, or in that of some land-holder or other respectable person
willing to undertake the responsibility of its custody and to produce it when required
by the Court.
117. If the custody of live-stock cannot be provided for in the manner described in the
last preceding rule, the animals attached shall be removed to the nearest pound
established under the Cattle Trespass Act, 1871 (1 of 1871), and committed to the
custody of the pound-keeper, who shall enter in a register-
(a) the number and description of the animals;
(b) the day and hour on and at which they were committed to his custody;
(c) the name of the attaching officer or his subordinate by whom they were committed
to his custody; and shall give such attaching officer or subordinate a copy of the entry.
118. For every animal committed to the custody of the pound-keeper as aforesaid, a
charge shall be levied as rent for the use of the pound for each fifteen or part of fifteen
days during which such custody continues; according to the scale prescribed under
section 12 of Act No. I of 1871.
And the sums so levied shall be credited to the Municipal Board or the Zilla Parishad
or the Notified Area, as the case may be, under whose jurisdiction the pound is.
119. The pound-keeper shall take charge of, feed and water, animals attached and
committed as aforesaid until they are withdrawn from his custody as hereinafter
provided a,nd he shall be entitled to be paid for their maintenance at such rates as may
be, from time to time, prescribed under proper authority. Such rates shall, for animals
specified in the section mentioned in the last preceding rule, not exceed the rates for
the time being fixed under section 5 of the same Act. In any case, for special reasons
to be recorded in writing, the Court may require payment to be made for maintenance
at higher rates than those prescribed.
120. The charges herein authorized for the maintenance of live-stock shall be paid to
the pound-keeper by the attaching officer for the first fifteen days at the time the
animals are committed to his custody, and thereafter for such further period as the
Court may direct, at the commencement of such period. Payments for such
maintenance so made in excess of the sum due for the number of days during which
the animals may be in the custody of he pound-keeper shall be refunded by him to the
attaching of officer.
121. Animals attached and committed as aforesaid shall not be released from custody
by the pound-keeper except on the written order of the Court, or of the attaching
officer, or of the officer appointed to conduct the sale; the person receiving the
animals, on their being so released, shall sign a receipt for them in the register
mentioned in rule 117.
122. For the safe custody of movable property other than live-stock while under
attachment, the attaching officer shall, subject to approval by the Court, make such
arrangements as may be most convenient and economical.
123. With the permission of the Court the attaching officer may place one or more
person in special charge of such property.
124. The fee for the services of each such person shall be payable in the manner
prescribed in rule 115. It shall not be less than twenty-five naya paise, and shall
ordinarily not be more than thirty-seven naya paise per diem. The Court may, at its
discretion, allow a higher fee; but if it does so, it shall state in writing its reasons for
allowing an exceptional rate.
125. When the services of such person are no longer required the attaching officer
shall give him a certificate on a counterfoil form of the number of days he has served
and of the amount due to him; and on the presentation of such certificate to the Court
which ordered the attachment, the amount shall be paid to him in the presence of the
Presiding Judge:
Provided that, where the amount does not exceed Rs. 5, it may be paid to the Sahna by
money order on requisition by the Amin, and the presentation of the certificate may be
dispensed with.
126. When in consequence of an order of attachment being withdrawn or for some

other reason, the person has not been employed or has remained in charge of the
property for a shorter time than that for which payment has been made in respect of
his services, the fee paid shall be refunded in whole or in part, as the case may be.
127. Fees paid into Court under the foregoing rules shall be entered in the Register of
Petty Receipts and Repayments.
128. When any sum levied under rule 118 is remitted as the Treasury, it shall be
accompanied by an order in triplicate (in the form given as Form No. 9 of the
Municipal Account Code), of which one part will be forwarded by the Treasury
Officials to the Zilla Parishad or Municipal Board, as the case may be. A note’that the
same has been paid into the Treasury as rent for the use of the pound, will be recorded
on the extract from the pass book.
129. The cost of preparing attached property for sale, or of conveying it to the place
where it is to be k^pt or sold, shall be payable by the decree-holder to the attaching
officer. In the event of the decree-holder failing to provide the necessary funds, the
attaching officer shall report his default to the Court, and the Court may thereupon
issue an order for the withdrawal of the attachment and direct by whom the costs of
the attachment are to be paid.
130. Nothing in these rules shall be deemed to prevent the Court from issuing and
serving on the judgment-debtor simultaneously the notice required by Order XXI,
rules 22, 66 and 107.
131. The Court may, in the case of any debt due to the judgment-debtor (other than a
debt secured by a mortgage or a charge or a negotiable instrument, or a debt
recoverable only in a Revenue Court), or any movable property not in the possession
of the judgment-debtor, which has been attached under rule 46 of this Order issue a
notice to any person (hereinafter called the garnishee) liable to pay such debt or to
deliver or account for such movable property, calling upon him to appear before the
Court and show cause why he should not pay or deliver into Court the debt due from
or the property deliverable by him to such judgment-debtor, or so much thereof as
may be sufficient to satisfy the decree and the cost of execution. (As amended on 29-
3-1949).
132. If the garnishee does not forthwith or within such time as the Court may allow,
pay or deliver into Court the amount due from or the property deliverable by him to
the judgment-debtor, or so much as may be sufficient to satisfy the decree and the cost
of execution, and does not dispute his liability to pay such debt or deliver such
movable property, of if he does not appear in answer to the notice then the Court may
order the garnishee to comply with the terms of such notice and on such order
execution may issue as though such order were a decree against him.
133. If the garnishee disputes Ms liability the Court, instead of making such order,
may order that any issue of question necessary for determining his liability be tried as
though if were an issue in a suit; and upon the determination of such issue shall pass
such order as shall be just. (As amended on 29-3-1949).
134. Whenever in any proceedings under these rules it is alleged, or appears to the
Court to be probable that the debt or property attached belongs to some third person,
or that any third person has a Hen or charge upon, or an interest in it, the Court may
order such third person to appear and state the nature of his claim, if any, upon such
debt or property and prove the same, if necessary. (As amended on 29-3-1949).
135. After hearing such third person, and any other person who may subsequently be
ordered to appear, or in the use of such third or other person not appearing when
ordered, the Court may pass such order as is hereinbefore provided or make such
other order as it shall think fit, upon such terms in all cases with respect to the lien,
charge or interest, if any, of such third or other person as to such Court shall seem just
and reasonable.
136. Payment or delivery made by the garnishee whether in execution of an order

under these rules or otherwise shall be a valid discharge to him as against the
judgment-debtor or any other person ordered to appear as aforesaid, for the amount
paid, delivered or realised although such order of the judgment may be set aside or
reversed.
137. Debts owing from a firm carrying on business within the jurisdiction of the Court
may be attached under these rules, although one or more members of such firm may
be resident out of the jurisdiction: * Provided that any person having the control or
management of the partnership.*? business or any member of the firm within the
jurisdiction is served with the garnishee order. An appearance by any member
pursuant to an order shall be a sufficient appearance by the firm.
138. The costs of any application under these rules and of the proceedings arising
therefrom or incidental thereto, or any order made thereon, shall be in the discretion of
the Court.
139. (1) Where the liability of any garnishee has been tried and determined under
these rules the order shall have the same force and be subject to the same conditions
as to appeal or otherwise as if it were a decree.
(2) Orders not covered by clause (1) shall be appealable as orders made in execution.
Illustration.-An application for a garnishee order is dismissed either on the ground

that the debt is secured by a charge or that there is no prima facie evidence of debt
due. This order is appealable as an order in execution. 140. All the rules in this Court
relating to service upon either plaintiffs or defendants at the address filed or
subsequently altered under Order VII or Order VIII shall apply to all proceedings
taken under Order XXI or section 47.
The following form shall be used under the provisions of rule 131 of Order XXI: Suit
No…………………………of……..
………………………………………………………………………………………….
Plaintiff,
Versus
……………………………………………………………………………….. ..Defenda
nt
Whereas it is alleged that a debt of Rs………………. is due from you to the

judgment-debtor.
Or that you are liable to deliver to the above named judgment-debtor the property set
forth in the Schedule hereto attached; Take notice that you are hereby required on or
before the…………….day of…..19…./20….. to pay into this Court the said sum of
Rs……………or………… to deliver account to the Amin of this Court for the
moveable property detailed in the attached schedule or otherwise to appear in person
or by advocate, vakil or authorised agent in this Court at 10.30 in the forenoon of the
day aforesaid and show cause to the contrary in default whereon an order for the
payment of the said sum, or for the delivery of the said property may be passed
against you. Dated this…………day of………. of……l9…….:../20……….
Munsiff/Sub-Judge……………
at…………………”
Andhra Pradesh.-In Order XXI, insert rule 106 which is same as in Madras with the
addition of the following words at the end:-
“For this purpose, the Court may make an order including orders for the refund of
costs and for the payment of interest, damages, compensation and mesne profits,
which are properly consequential on such variation or reversal.”
[Vide Notification No. P Dis 229/56, dated 2nd April, 1959].
Madras.-In Order XXI, after rule 105, insert the following rule, namely:-
“106. Where and in so far as a decree or order is varied or reversed and the case does
not fall within the scope of section 47 or section 144, the Court of first instance shall,
on the application of any party affected by the decree or order, cause such restitution
to be made as will, so far as may be, place the parties in the position which they would
have occupied but for such decree or order on such part thereof as has been varied or
reversed.” (w.e.f. 19-5-1954)
[Ed.-This amendment relates to rule 106 prior to its amendment made by the Central
Act 104 of 1976, sec. 72 (w.e.f. 1-2-1977).]
Calcutta.-After Order XXI, insert the following Order, namely:-
“ORDER XXIA”
1. Every person applying to a Civil Court to attach movable property shall, in addition
to the process-fee, deposit such reasonable sum as the Court may direct if it thinks
necessary, for the cost of its removal to the Court-house, for its custody, and, if such
property is live-stock, for its maintenance according to the rates prescribed in rule 2 of
this Order. If the deposit when ordered, be not made, the attachment shall not issue.
The Court may, from time to time, order the deposit of such further fees as may be
necessary. In default of due payment the property shall be released from attachment.
[See Rule 150, Civil Rules and Orders, (1959) Calcutta and Order XXIA, rule 16.]
2. The following daily rates shall be chargeable for the custody and maintenance of
live-stock under attachment:-
Goat and pig Annas 2 to annas 4.
Sheep Annas 2 to annas 3.
Cow and Annas 6 to annas

bullock 10.
Calf Annas 3 to annas 6.

Annas 8 to annas
Buffalo
12.
Annas 8 to annas
Horse
12.
Ass Annas 3 to annas 5.
Annas 2 to annas 3
Poultry
pies 6.
Explanation.-Although the rates indicated above are regarded as reasonable, the

Courts shall consider individual circumstances and the local conditions and permit
deposit at reduced rates where the actual expenses are likely to fall short of the
minima or maxima. If any specimen of special value in any of the above classes is
seized a special rate may be fixed by the Court. If any animal not specified is attached,
the Court may fix the cost as a special case.
3. When the property attached consists of agricultural implements or other articles

which cannot conveniently be removed and the attaching officer does not act under
the proviso to rule 43, Order XXI, he may, unless the Court has otherwise directed,
leave it in the village or place where it has been attached-
1
[(a) in the charge of the decree-holder or his agent, or of the judgment-debtor, or of
some other person, provided that the decree-holder or his agent or the judgment-
debtor or other person, enters into bond in Form No. ISA of
Appendix E to this Schedule, with one or more sureties, to produce the attached
property when called for and to be liable for any loss which the owner of the property
attached may suffer due to wilful negligence of the bounden, or]
(b) in the charge of an officer of the Court, if a suitable place for its safe custody be
provided and the remuneration of the officer for a period of fifteen days paid in
advance.
1. Rule 3(a) subs, by Notification No. 4440-G, dated 29th May, 1941.
4. If attached property (other than live-stock) is not sold, under the proviso to rule 43,
Order 21, or retained in the village or place where it is attached, it shall be brought to
the Court-house at the decree-holder’s expense and delivered to the proper officer of
the Court. In the event of the decree-holder failing to make his own arrangement for
the removal of the property with safety, or paying the cost thereof in advance to the
attaching officer, then, unless such payment has previously been made into Court, the
attachment shall at once be deemed to be withdrawn and the property shall be made
over to the person in whose possession it was before attachment.
5. When live-stock is attached it shall not, without the special order of the Court, be
brought to the Court or its compound or vicinity, but shall be left at the village or
place where it was attached in the manner and on the conditions set forth in rule 3 of
this Order:
Provided that live-stock shall not be left in the charge of any person under clause (a)
of the said rule unless he enters into a bond for the proper care and maintenance
thereof as well as for its production when called for and that it shall not be left in
charge of an officer of the Court under clause {b) of the said rule unless in addition to
the requirements of the said clause provision be made for its care and maintenance.
6. When for any reason the attaching officer shall find it impossible to obtain
compliance with the requirements of the preceding rule so as to entitle him to leave
the attached live-stock in the village or place where it was attached and no order has
been made by the Court for its removal to the Court, the attaching office shall not
proceed with the attachment and no attachment shall be deemed to have been effected.
7. Whenever it shall appear to the Court that live-stock under attachment are not being
properly tended or maintained the Court shall make such orders as are necessary for
their care and maintenance and may if necessary direct the attachment to cease, and
the leave-stock to be returned to the person in whose possession they were when
attached. The Court may order the decree-holder to pay any expenses so incurred in
providing for the care and maintenance of the live-stock, and may direct that any sum
so paid be refunded to the decree-holder by any their party to the proceedings.
8. If under a special order of the Court live-stock is to be conveyed to the Court, the
decree-holder shall make his own arrangement for such removal, and if he fails to do
so the attachment shall be withdrawn and the property made over to the person in
whose possession it was before attachment.
9. Nothing in these rules shall prevent the judgment-debtor or any person claiming to
be interested in attached live-stock from making such arrangements for feeding,
watering, and tending the same as may not be inconsistent with its safe custody, or
contrary to an order of the Court.
10. The Court may direct that any sums which have been legitimately expended by the
attaching officer or are payable to him, if not duly deposited or paid, be recovered
from the sale-proceeds of the attached property, if sold, or be paid by the person
declared entitled to delivery before he receives the same. The Court may also order
that any sums deposited or paid under these rules be recovered as costs of the
attachment from any party to the proceedings.
11. In the event of custodian of attached property failing, after due notice, to produce
such property at the place named to the officer deputed for the purpose, or to restore it
to its owner if so ordered or failing in the case of live-stock to maintain and take
proper care thereof, he shall be liable to be proceeded against for the enforcement of
his bond in the execution proceedings.
12. When property other than live-stock is brought to the Court, it shall immediately
be made over to the Nazir, who shall keep it on his sole responsibility in such place as
may be approved by the Court. If the property cannot from its nature or bulk be
conveniently stored, or kept on the Court premises or in the personal custody of the
Nazir, he may, subject to the approval of the Court, make such arrangements for its
safe custody under his own supervision as may be most convenient and economical. If
any premises are to be hired and persons are to be engaged for watching the property,
the Court shall fix the charges for the premises and the remuneration to be allowed to
the persons (not being officers of the Court) in whose custody the property is kept. All
such costs shall be paid into Court by the decree-holder in advance for such period as
(he Court may from time to time direct.
13. When attached live-stock is brought to Court under special order as aforesaid it
shall be immediately made over to the Nazir, who shall be responsible for its due
preservation and safe custody until he delivers it up under the orders of the Court.
14. If there be a pound maintained by Government or local authority in or near the

place where the Court is held, the Nazir shall, subject to the approval of the Court, be
at liberty to place in it such live-stock as can be properly kept there, in which case the
pound-keeper will be responsible for the property to the Nazir and shall receive from
the Nazir the same rates for accommodation and maintenance thereof as are paid in
respect of impounded cattle of the same description.
15. If there be no pound available, or, if in the opinion of the Court, it be inconvenient
to lodge the attached live-stock in the pound, the Nazir may keep them in his own
premises, or he may entrust them to any person selected by himself and approved by
the Court.
16. All costs for the keeping and maintenance of the live-stock shall be paid into
Court by the decree-holder in advance for not less than fifteen days at a time as often
as the Court may from time to time direct. In the event of failure to pay the costs
within the time fixed by the Court, the attachment shall be withdrawn and the live-
stock shall be at the disposal of the person in whose possession it was at the time of
attachment.
17. So much of any sum deposited or paid into Court under these rules as may not be
expended shall be refunded to the depositor.”
[Vide Notification No. 25585-G, dated 3rd November, 1933.]
ORDER XXII. DEATH, MARRIAGE AND

INSOLVENCY OR PARTIES
ORDER XXII. DEATH, MARRIAGE AND INSOLVENCY OR PARTIES
1. No abatement by party’s death if right to sue survives
The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue
survives.
Allahabad.-In Order XXII, in rule 1, at the end, insert the words “or to proceedings in
the original Court taken after the passing of the preliminary decree where a final
decree also requires to be passed having regard to the nature of the suit”.
2. Procedure where one of several plaintiffs or defendants dies and right to sue
survives
Where there are more plaintiffs or defendants than one, and any of them dies, and
where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against
the surviving defendant or defendants alone, the Court shall cause an entry to the
effect to be made on the record, and the suit shall proceed at the instance of the
surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
Punjab and Haryana–In Order XXII, after rule 2, insert the following rules,
namely:-
“2A. Every advocate appearing in the case who becomes aware of the death of a party
to the litigation (where he appeared for him or not) must give intimation about the
death of that party to the Court and to the person who is dominus litis.
2B. The duty to bring on record the legal representatives of the deceased-defendant
shall be of the heirs of the deceased and not of the person who is dominus litis.” [Vide
Punjab Government Gazette, Pt. III (L.S.), p. 304, dated 11th April, 1975 and Haryana
Government Gazette, Pt. III (L.S.), p. 190, dated 25th March, 1975.]
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff
(1) Where one of two or more plaintiffs dies and the right to sue does not survive to
the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff
dies and the right to the sue survives, the Court, on an application made in that behalf,
shall cause the legal representative of the deceased plaintiff to be made a party and
shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1),
the suit shall abate so far as the deceased plaintiff is concerned, and, on the
application of the defendant, the Court may award to him the costs which he may have
incurred in defending the suit, to be recovered from the estate of the deceased
plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant
(1) Where one of two or more defendants dies and the right to sue does not survive
against the surviving defendant or defendants alone, or a sole defendant or sole
surviving defendant dies and the right to sue survives, the Court, on an application
made in that behalf, shall cause the legal representative of the deceased defendant to
be made a party and shall proceed with the suit.
(2) Any person so made a party may make any defence appropriate to his character as
legal representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1),
the suit shall abate as against the deceased defendant.
1
[(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of
substituting the legal representatives of any such defendant who has failed to file a
written statement or who, having filed it, has failed to appear and contest the suit at
the hearing; and judgment may, in such case, be pronounced against the said
defendant not withstanding the death of such defendant and shall have the same force
and effect as if it has been pronounced before death took place.
(5) Where-
(a) the plaintiff was ignorant of the death of a defendant, and could not, for that
reason, make an application for the substitution of the legal representative of the
defendant under this rule within the period specified in the Limitation Act, 1963 (36
of 1963) and the suit has, in consequence, abated, and
(b) the plaintiff applies after the expiry of the period specified therefor in the
Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the
admission of that application under section 5 of that Act on the ground that he had, by
reason of such ignorance, sufficient cause for not making the application within the
period specified in the said Act,
the Court shall, in considering the application under the said section 5, have due
regard to the fact of such ignorance, if proved.]

1
[4A. Procedure where there is no legal representative
(1) If, in any suit, it shall appear to the Court that any party who has died during the
pendency of the suit has no legal representative, the Court may, on the application of
any party to the suit, proceed in the absence of a person representing the estate of the
deceased person, or may by order appoint the Administrator-General, or an officer of
the Court or such other person as it thinks fit to represent the estate of the deceased
person for the purpose of the suit; and any judgment or order subsequently given or
made in the suit shall bind the estate of the deceased person to the same extent as he
would have been bound if a personal representative of the deceased person had been a
party to the suit.
(2) Before making an order under this rule, the Court-
(a) may require notice of the application for the order to be given to such (if any) of
the persons having an interest in the estate of the deceased person as it thinks fit; and
(b) shall ascertain that the person proposed to be appointed to represent the estate of
the deceased person is willing to be so appointed and has no interest adverse to that of
the deceased person.]
5. Determination of question as to legal representative.

Where a question arises as to whether any person is or is not the legal representative
of a deceased plaintiff or a deceased defendant, such question shall be determined by
the Court:
1
[Provided that where such question arises before an Appellate Court, that Court may,
before determining the question, direct any subordinate Court to try the question and
to return the records together with evidence, if any, recorded at such trial, its findings
and reasons therefor, and the Appellate Court may take the same into consideration in
determining the question.]
6. No abatement by reason of death after hearing
Nothwithstanding anything contained in the foregoing rules, whether the cause of

action survives or not, there shall be no abatement by reason of the death of either
party between the conclusion of the hearing and the pronouncing of the judgment, but
judgment may in such case be pronounced notwithstanding the death and shall have
the same force and effect as if it had been pronounced before the death took place.
7. Suit not abated by marriage of female party
(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate,
but the suit may notwithstanding be proceeded with to judgment, and, where the
decree is against a female defendant, it may be executed against her alone.
(2) Where the husband is by law liable for the debts of his wife, the decree may, with
the permission of the Court, be executed against the husband also; and in case of
judgment for the wife, execution of the decree may, with such permission, be issued
upon the application of the husband, where the husband is by law entitled to the
subject matter of the decree.
8. When plaintiffs insolvency bars suit
(1) The insolvency of a plaintiff in any suit which the assignee or receiver might
maintain for the benefit of his creditors, shall not cause the suit to abate, unless such
assignee or receiver declines to continue the suit or (unless for any special reason the
Court otherwise directs) to give security for the costs thereof within such time as the
Court may direct.
(2) Procedure where assignee fails to continue suit, or give security-Where the
assignee or receiver neglects or refuses to continue the suit and to give such security
within the time so ordered, the defendant may apply for the dismissal of the suit on
the ground of the plaintiff s insolvency, and the Court may make an order dismissing
the suit and awarding to the defendant the costs which he has insured in defending the
same to be proved as a debt against the plaintiffs estate.
9. Effect of abatement or dismissal
(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought
on the same cause of action.
(2) The plaintiff or the person claiming to be the legal representative of a deceased
plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply
for an order to set aside the abatement or dismissal; and if it is proved that he was
prevented by any sufficient cause from continuing the suit, the Court shall set aside
the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit.
(3) The provisions of section 5 of the 1[Indian Limitation Act, 1877 (15 of 1877)] shall
apply to applications under sub-rule (2).
2
[Explanation-Nothing in this rule shall be construed as barring, in any later suit, a
defence based on the facts which constituted the cause of action in the suit which had
abated or had been dismissed under this Order]
1. See now the Limitation Act, 1963 (36 of 1963), Ss. 4 and 5.
10. Procedure in case of assignment before final order in suit
(1) In other cases of an assignment, creation or devolution of any interest during the
pendency of a suit, may, by leave of the Court, be continued by or against the person
to or upon whom such interest has come or devolved.
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an

interest entitling the person who procured such attachment to the benefit of sub-rule
(1).
1
[10A. Duty of pleader to communicate to Court death of a party.
Wherever a pleader appearing for a party to the suit comes to know of the death of
that party, he shall inform the Court about it, and the Court shall there upon give
notice of such death to the other party, and, for this purpose, the contract between the
pleader and the deceased party shall be deemed to subsist.]

11. Application of Order to appeals.
In the application of this Order to appeals, so far as may be, the word “plaintiff shall
be held to include an appellant, the word “defendant” a respondent, and the word
“suit” an appeal.
Calcutta.-In Order XXII, in rule 11, insert the following proviso, namely:-
“Provided always that where an Appellate Court has made an order dispensing with
service of notice of appeal upon legal representatives of any person deceased under
Order XLI, rule 14(3), the appeal shall not be deemed to abate as against such party
and the decree made on appeal shall be binding on the estate or the interest of such
party.”
[Vide Notification No. 10428-G, dated 25th July, 1928.]
Kerala.-In Order XXII, after rule 11, insert the following rule, namely:-
“11A. Entry on the record of the name of the representative of a deceased appellant or
respondent in a matter pending before the High Court.-The entry on the record on the
name of the representative of a deceased appellant or respondent in a matter pending
before the High Court in its appellate jurisdiction, except in case, under appeal to the
Supreme Court, may be performed by the Registrar, provided that contested
applications and applications presented out of time shall be posted before a judge for
disposal.” (w.e.f. 9-6-1959).
Madras.-In Order XXII, after rule 11, insert the following rule, namely:-
“11A. The entry on the record of the name of the representative of a deceased
appellant or respondent in a matter pending before the High Court in its appellate
jurisdiction, except in cases under appeal to the Supreme Court, shall be deemed to be
a quasi judicial act within the meaning of section 128 (2) (i) of the Code of Civil
Procedure and may be performed by the Registrar provided that contested applications
and application presented out of time shall be posted before a Judge for disposal.”
12. Application of Order to proceedings.

Nothing in rules 3, 4 and 8 shall apply to proceedings in executive of a decree or
order.
Allahabad.-In Order XXII, in rule 12 at the end, insert the words “or to proceedings
in the original Court taken after the passing of the preliminary decree where a final
decree also requires to be passed having regard to the nature of the suit”.
[Vide Notification No. 58435 (a)-(2), dated 7th February, 1931.]
Orissa.-In Order XXII, in rule 12, at the end, insert the words “or to proceedings in
the original Court taking after the passing of the preliminary decree where having
regard to the nature of the suit, a final decree is required to be passed”.
[Vide Notification No. 24-X-7-52, dated 30th March, 1954.]
ORDER XXIII. WITHDRAWAL AND ADJUSTMENT

OF SUITS
1
[1. Withdrawal of suit or abandonment of part of claim
(1) At any time after the institution of a suit, the plaintiff may as against all or any of
the defendants abandon his suit or abandon a part of his claim:
Provided that where the plaintiff is a minor or other person to whom the provisions
contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the
claim shall be abandoned without the leave of the Court.
(2) An application for leave under the proviso to sub-rule (1) shall be accompanied by
an affidavit of the next friend and also, if the minor or such other person is
represented by a pleader, by a certificate of the pleader to the effect that the
abandonment proposed is, in his opinion, for the benefit of the minor or such other
person.
(3) Where the Court is satisfied,-
(a) that a suit must fail by reason of some formal defect, or
(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit
for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit,
grant the plaintiff permission to withdraw from such suit or such part of the claim
with liberty to institute a fresh suit in respect of the subject-matter of such suit or such
part of the claim. (4) Where the plaintiff-
(a) abandons any suit or part of claim under sub-rule (1), or
(b) withdraws from a suit or part of a claim without the permission referred to in sub-
rule (3),
he shall be liable for such costs as the Court may award and shall be preclude from
instituting any fresh suit in respect of such subject-matter or such part of the claim.
(5) Nothing in this rule shall be deemed to authorise the Court to permit one of several
plaintiffs to abandon a suit or part of a claim under sub-rule (1), or to withdraw, under
sub-rule (3), any suit or part of a claim, without the consent of the other plaintiffs.]
1. Subs, by Act No. 104 of 1976 for rule 1 (w.e.f. 1-2-1977).
Karnataka.-In Order XXIII, in rule 1, after sub-rule (4), insert the following sub-rule,
namely:-
“(5) Where the plaintiff in a suit instituted or conducted under the provisions of rule 8
of Order 1 of this Code or all plaintiffs therein if there are more plaintiffs than one,
apply for the permission to withdraw the suit, notice of such application shall be given
in the manner prescribed by sub-rule (3) of Order 1 of this Code for issue of notice of
institution of the suit, and the cost of such notice shall be borne by the plaintiff or the
plaintiffs, as the case may be. If upon such application being made a defendant in the
same suit having the same interest as that of the plaintiffs applies for permission to be
transposed a§ plaintiff to conduct the suit further, he shall be permitted to do so and
the plaintiffs application dismissed.” (w.e.f. 30-3-1967)
Orissa.-In Order XXII, in rule 1, in sub-rule (1), after the words “institution of a suit”,
insert the words “but not after the passing of the preliminary decree in the suit”, (7-5-
1954)
1
[1A. When transposition of defendants as plaintiffs may be permitted
Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant

applies to be transposed as a plaintiff under rule 10 of Order I, the Court shall, in
considering such application, have due regard to the question whether the applicant
has a substantial question to be decided as against any of the other defendants.]
1. Ins. by Act No. 104 of 1976, s. 74 (w.e.f. 1-2-1977).

2. Limitation law not affected by first suit
In any fresh suit instituted on permission granted under the last preceding rule, the
plaintiff shall be bound by the law of limitation in the same manner as if the first suit
had not been instituted.
3. Compromise of suit
Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly
or in part by any lawful agreement or compromise 1[in writing and signed by the
parties] or where the defendant satisfied the plaintiff in respect of the whole or any
part of the subject-matter of the suit, the Court shall order such agreement,
compromise satisfaction to be recorded, and shall pass a decree is accordance
therewith 2[so far as it relates to the parties to the suit, whether or not the subject-
matter of the agreement, compromise or satisfaction is the same as the subject-matter
of the suit:]
1
[Provided that where it is alleged by one party and denied by the other that an
adjustment or satisfaction has been arrived at, the Court shall decide the question; but
not adjournment shall be granted for the purpose of deciding the question, unless the
Court, for reasons to be recorded, thinks fit to grant such adjournment.]
2
[Explanation-An agreement or compromise which is void or voidable under the
Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the
meaning of this rule;]
2. Subs. by Act 104 of 1976, sec. 74. for “so far it relates to the suit” (w.e.f. 1-2-
1977).
Allahabad.-In Order XXIII, in rule 3,-
(i) between the words ‘or compromise’ and ‘or where’, insert the words, ‘in writing
duly signed by the parties’ and between the words ‘subject-matter of the suit’ and the
words ‘the Court’, insert the words ‘and obtained an instrument in writing duly signed
by the plaintiff, (ii) at the end of the rule, insert the following proviso and
Explanation, namely:-
“Provided that the provisions of this rule shall not apply to or in any way affect the
provisions of Order XXXIV, rules 3, 5 and 8.
Explanation.-The expressions, ‘agreement’ and ‘compromise’, include a joint
statement of the parties concerned or their counsel recorded by the Court, and the
expression ‘instrument’ includes a statement of the plaintiff or his counsel recorded by
the Court.”
[Vide Notification No. 155/Alld-87, dated 31st August, 1974.]
[Ed.-This amendment relates to rule 3 prior to its amendment made by Central Act
104 of 1976, sec. 74 (w.e.f. 1-2-1977).]
Karnataka.-In Order XXIII,-
(i) re-number rule 3 as sub-rule (1) thereof
(ii) after sub-rule (1) as so renumbered, insert the following sub-rule, namely:-::
“(2) Where any such agreement or compromise as is referred to in sub-rule (1) is

placed before the Court by a party suing or defending in a representative capacity in a
suit instituted, conducted or defended under the provisions of rule 8 of Order I of this
Code, the Court shall not proceed with the consideration of the same or to pass a
decree in accordance therewith without first notice of the application for recording
such agreement or compromise in the manner prescribed in sub-rule (1) of rule 8 of
Order 1 of this Code for giving notice of the institution of such suit. The expenses of
giving such notice shall be borne by such party or parties as the Court may direct.”
(w.e.f. 30-3-1967)
Madras.-In the Order XXIII, in rule 3, in the proviso, for the words “Provided that”,
the following shall be substituted, namely:-
“Provided that the subject-matter of the agreement, compromise or satisfaction, in so

far as it differs from the subject-matter of the suit, is within the territorial and
pecuniary jurisdiction of the Court concerned: Provided further that.”
[Vide R.O.C. No. 3382/78-F1 and S.R.O. No. G-3/81 (w.e.f. 23-1-1981).]
Kerala.-In Order XXIII/ after rule 3, insert the following rule, namely:-
“3A. Settlement of oath.–If the parties agree to have the suit or any part of it decided
by an oath taken by one of them in Court or elsewhere and tender a written agreement
signed by both of them setting forth the terms of the oath and the place where it is
taken, the Court may accept such agreement. After the oath has been taken in the
manner proposed, the Court shall decide the case in terms of the agreement. After the
agreement has been accepted by the Court, it shall not be competent to any of the
parties to withdrawn therefrom without the leave of the Court. If any party withdraws
or refuses to take the oath without lawful excuse, the Court may decide the case
against him or pass such order as it deems proper.” (w.e.f. 9-6-1959)
1
[3A. Bar to suit
No suit shall lie to set aside a decree on the ground that the compromise on which the
decree is based was not lawful.
3B. No agreement or compromise to be entered in a representative suit without

leave of Court
(1) no agreement or compromise in a representative suit shall be entered into without

the leave of the Court expressly recorded in the proceedings; and any such agreement
or compromise entered into without the leave of the Court so recorded shall be void.
(2) Before granting such leave, the Court shall give notice in such manner as it may
think fit to such persons as may appear to it to be interested in the suit.
Explanation.-In this rule, “representative suit” means,-
(a) a suit under section 91 or section 92,
(b) a suit under rule 8 of Order I,
(c) a suit in which the manager of an undivided Hindu family sues or is sued as
representing the other members of the family,
(d) any other suit in which the decree passed may, by virtue of the provisions of this
Code or of any other law for the time being in force, bind any person who is not
named as party to the suit.]
4. Proceeding in execution of decrees not affected
Nothing in this Order shall apply to any proceedings in execution of a decree or order.
ORDER XXIV. PAYMENT INTO COURT

1. Deposit by defendant of amount in satisfaction of claim
The defendant in any suit to recover a debt or damage may, at any stage of the suit,
deposit in Court such sum of money as he considers a satisfaction in full of the claim.
2. Notice of deposit
Notice of the deposit shall be given through the Court by the defendant to the plaintiff,
and the amount of the deposit shall (unless the Court otherwise directs) be paid to the
plaintiff on his application.
3. Interest on deposit not allowed to plaintiff after notice
No interest shall be allowed to the plaintiff on any sum deposited by the defendant
from the date of the receipt of such notice, whether the sum deposited is in full of the
claim or falls short thereof.
4. Procedure where plaintiff accepts deposit as satisfaction in part
(1) Where the plaintiff accepts such amount as satisfaction in part only of his claim he
may prosecute suit for the balance; and, if the Court decides that the deposit by the
defendant was a full satisfaction of the plaintiffs claim, the plaintiff shall pay the costs
of the suit incurred after the deposit and the costs incurred previous thereto, so far as
they were caused by excess in the plaintiff s claim.
(2) Procedure where he accepts it as satisfaction in full-Where the plaintiff accepts

such amount as satisfaction in full of his claim he shall present to the Court a
statement to that effect, and such statement shall be filed and the Court shall
pronounce judgment accordingly; and, in directing by whom the costs of each party
are to be paid, the Court shall consider which of the parties is most to blame for the
litigation.
Illustrations
(a) A owes B Rs. 100. B sues A for the amount, having made no demand for payment,
and having no reason to believe that the delay caused by making a demand would
place him at a disadvantage. On the plaint being filed. A pays the money into Court, B
accepts it in full satisfaction of his claim, but the Court should not allow him any
costs, the litigation being presumably groundless on his part.
(b) B sues A under the circumstance mentioned in illustration (a). On the plaint being
filed, A disputes the claim. Afterwards A pays the money into Court. B accepts it in
full satisfaction of his claim. The Court should also give B his cast of suit. A’s
conduct having shown that the litigation was necessary.
(c) A owes B Rs. 100, and is willing to pay him that sum without suit. B claims Rs.
150 and sues A for that amount. On the plaint being filed, A pays Rs. 100 into Court
and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in
full satisfaction of his claim. The Court should order him to pay A’s costs.
ORDER XXV. SECURITY FOR COSTS

1
[1. When security for costs may be required from plaintiff
(1) At any stage of a suit, the Court may, either of its own motion or on the
application of any defendant, order the plaintiff, for reasons to be recorded to give
within the time fixed by it security for the payment of all costs incurred and likely to
be incurred by any defendant:
Provided that such an order shall be made in all cases in which it appears to the Court
that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiff
are, residing out of India and that such plaintiff does not possess or that no one of such
plaintiffs possesses any sufficient immovable property with India other than the
property in suit.
(2) Whoever leaves India under such circumstances as to afford reasonable probability
that he will not be forthcoming whenever he may be called upon to pay costs shall be
deemed to be residing out of India within the meaning of the proviso to sub-rule (1).]
1. Subs. by Act 66 of 1956, sec. 14 for rule 1 (w.e.f. 1-1-1957).
Allahabad.-In Order XXV, for rule 1, substitute the following rule, namely:-
“1. When security for costs may be required from plaintiff.-(1) At any stage of a suit,
the Court may, either of its own motion or on the application of any defendant, order
the plaintiff for reason to be recorded to give within the time fixed by it, security for
the payment of all costs incurred and likely to be incurred by any defendant:
Provided that such an order shall be made in all cases in which it appears to the Court
that a sole plaintiff is, or (when there are more plaintiffs than one) that all the
plaintiffs are, residing outside the State and that such plaintiffs does not possess or
that one of such plaintiffs possesses any sufficient immovable property within the
State other than the property in suit or that the plaintiff is being financed by another
person.
(2) Whoever leaves that State under such circumstances as to afford reasonable
probability that he will not be forthcoming whenever he may be called upon to pay
costs shall be deemed to be residing outside the State within the meaning of the
proviso to sub-rule (1).” (w.e.f. 5-2-1983)
Madhya Pradesh.-In Order XXV, in rule (1), in proviso, at the end, insert the words
“or that any plaintiff is being financed by a person not a party to the suit”, (w.e.f. 16-
9-1960)
2. Effect of failure to furnish security
(1) In the event of such security not being furnished within the time fixed, the Court
shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted
to withdraw therefrom.
(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set
the dismissal aside and, if it is proved to the satisfaction of the Court that he was
prevented by any sufficient cause from furnishing the security within the time
allowed, the Court shall set aside the dismissal upon such terms as to security, costs or
otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
(3) The dismissal shall not be set aside unless notice of such application has been
served on the defendant.
Bombay.-In Order XXV, after rule 2, insert the following rule, namely:-
“3. Power to implead and demand security from third person financing litigation.-fl)
Where any plaintiff has for the purpose of being financed in the suit transferred or
agreed to transfer any share or interest in the property in the suit to a person who is
not already a party to the suit, the Court may order such person to be made a plaintiff
to the suit if he consents, and may either of its own motion or on the application of
any defendant order such person, within a time to be fixed by it to give security for the
payment of all costs incurred and likely to be incurred by any defendant. In the event
of such security not being furnished within the time fixed, the Court may make an
order dismissing the suit so far as his right to, or interest in the property in suit is
concerned, or declaring that he shall be debarred from claiming any right to or interest
in the property in suit.
(2) If such person declines to be made a plaintiff, the Court may implead him as a
defendant and may order him, within a time to be fixed by it, to give security for the
payment of all costs incurred and likely to be incurred by any other defendant. In the
event of such security not being furnished within the time fixed, the Court may make
an order declaring that he shall be debarred from claiming any right to or interest in
the property in suit.
(3) Any plaintiff or defendant against whom an order is made under this rule may
apply to have it set aside and the provisions of sub-rules (2) and (3) of rule 2 shall
apply mutatis mutandis to such application.” (w.e.f. 1-10-1983)
Gujarat.-Same as in Bombay,
Karnataka.-In Order XXV, in rule 2, after sub-rule (3) insert the following sub-rule,
namely:-
“(4) The provisions of section 5 of the Limitation Act, 1963, shall apply to
applications under this rule.” (w.e.f. 30-3-1967)
Madhya Pradesh.-In Order XXV, for rule 3, substitute the following rule, namely:-
“3. Power to implead and demand security from a third person financing litigation.-
(1) Where any plaintiff has, for the purpose of being financed in the suit, transferred
or agreed to transfer any share or interest in the property in suit, to a person who is not
already a party to the suit, the Court may order such person to be made a plaintiff to
the suit, if he consents and may either of its own motion or on the application of any
defendant order such person, within a time to be fixed by it, to give security for the
payment of all costs incurred and likely to be incurred by any defendant. In the event
of such security not being furnished within the time fixed, the Court may make an
order dismissing the suit so far as his right to, or interest in the property in suit is
concerned or declaring that he shall be debarred from claiming any right to, or interest
in the property in suit.
(2) If such person declines to be made a plaintiff the Court may implead him as a
defendant and may order him, within a time to be fixed by it, to give security for the
payment of all costs incurred and likely to be incurred by any other defendant. In the
event of such security not being furnished within the time fixed the Court may make
an order declaring that he shall be debarred from claiming any right to, or interest in,
the property in suit.
(3) Any plaintiff or defendant against whom an order is made under this rule may
apply to have it set aside and the provisions of sub-rules (2) and (3) of rule 2 shall
apply mutatis mutandis to such application.” (w.e.f. 16-9-1960)
Gujarat.-Same as in Bombay,
Karnataka.-In Order XXV, in rule 2, after sub-rule (3) insert the following sub-rule, namely:-
“(4) The provisions of section 5 of the Limitation Act, 1963, shall apply to applications under this rule.”
(w.e.f. 30-3-1967)
Madhya Pradesh.-In Order XXV, for rule 3, substitute the following rule, namely:-
“3. Power to implead and demand security from a third person financing litigation.- (1) Where any
plaintiff has, for the purpose of being financed in the suit, transferred or agreed to transfer any share or
interest in the property in suit, to a person who is not already a party to the suit, the Court may order
such person to be made a plaintiff to the suit, if he consents and may either of its own motion or on the
application of any defendant order such person, within a time to be fixed by it, to give security for the
payment of all costs incurred and likely to be incurred by any defendant. In the event of such security
not being furnished within the time fixed, the Court may make an order dismissing the suit so far as his
right to, or interest in the property in suit is concerned or declaring that he shall be debarred from
claiming any right to, or interest in the property in suit.
(2) If such person declines to be made a plaintiff the Court may implead him as a defendant and may
order him, within a time to be fixed by it, to give security for the payment of all costs incurred and likely
to be incurred by any other defendant. In the event of such security not being furnished within the time
fixed the Court may make an order declaring that he shall be debarred from claiming any right to, or
interest in, the property in suit.
(3) Any plaintiff or defendant against whom an order is made under this rule may apply to have it set
aside and the provisions of sub-rules (2) and (3) of rule 2 shall apply mutatis mutandis to such
application.” (w.e.f. 16-9-1960)
ORDER XXVI. COMMISSIONS
Commissions to examine witnesses
1. Cases in which Court may issue commission to examine witness

Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any
person resident within the local limits of its jurisdiction who is exempted under this Code from attending
the Court or who is from sickness or infirmity unable to attend it:
1[Provided that a commission for examination on interrogatories shall not be issued unless the Court,
for reasons to be recorded, thinks it necessary so to do.
Explanation-The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a
registered medical practitioner as evidence of the sickness or infertility of any person, without calling
the medical practitioner as a witness.]
1. Ins, by Act No. 104 of 1976, sec. 75 (w.e.f. 1-2-1977).
Allahabad.-In Order XXVI, for rule 1, substitute the following rule, namely:-
“1. Commission to examine witness.-Any Court may, in any suit, if for the reasons to be recorded in
writing, it thinks it necessary to do so in the interest of justice or expedition, issue a Commission for the
examination of any person on interrogatories or otherwise.”
[Vide Notification No, 504/XI1I-B-31, dated 22nd November, 1980.]
2. Order for commission
An order for the issue of a commission for the examination of a witness may be made by the Court
either of its own motion or on the application, supported by affidavit or otherwise, of any party to the
suit or of the witness to be examined.
3. Where witness resides within Court’s jurisdiction

A commission for the examination of a person who resides within the local limits of the jurisdiction of
the Court issuing the same may be issued to any person whom the Court thinks fit to execute it.
Allahabad.-In Order XXVI, for rule 3, substitute the following rule, namely:-
“3. Commission to whom issued.-Such commission may be issued to any Court not being a High Court
within the local limits of whose jurisdiction such person resides or to any pleader or other person whom
the Court thinks fit to execute it and the Court shall direct whether the commission shall be returned to
itself or to any subordinate Court.” (w.e.f. 22-11-1980)
4. Persons for whose examination commission may issue
(1) Any Court may in any suit issue a commission 1[for the examination on interrogatories
or otherwise of-]
(a) Any person resident beyond the local limits of its jurisdiction;
(b) Any person who is about to leave such limits before the date on which he is
required to be examined in Court; and
(c) 2[any person in the service of the Government] who cannot in the opinion of
the Court, attend without detriment to the public service:
3[Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in
person, a commission shall be issued for his examination if his evidence is considered necessary in the
interests of justice:
Provided further that a commission for examination of such person on interrogatories shall not be
issued unless the Court, for reasons to be recorded, thinks it necessary so to do.]
(2) Such commission may be issued to any Court, not being a High Court, within the local
limits of whose jurisdiction such person resides, or to any pleader or other person whom
the Court issuing the commission may appoint.
(3) The Court on issuing any commission may this rule shall direct whether the commission
shall be returned to itself or to any subordinate Court.
1. Subs, by Act No. 104 of 1976, sec. 75, for “for the examination of (w.e.f. 1-2-1977).
2. Subs. By A.O. 1937, for “any civil or military officer of the Government.”
3. Ins. By Act No. 104 of 1976, sec. 75 (w.e.f. 1-2-1977).
Allahabad,-In Order XXVI, omit rule’4. (w.e.f. 18-9-1980)
Madhya Pradesh.-In Order XXVI, in rule 4, in sub-rule (1), after clause (c), insert the following clause,
namely:-
“(d) any person who by reason of anything connected with the war cannot conveniently be spared.”
Rajasthan.-In Order XXVI, after rule 4, insert the following rule, namely:-
“4A. Commission for examination of any person resident with Court’s local limits.- (I) Notwithstanding
anything contained in these rules, any Court may, in the interests of justice or for the expeditious
disposal of the case or for any other reason, issue commission in any suit for the examination, on
interrogatories or otherwise of any person resident within the local limits of its jurisdiction and the
evidence so recorded shall be read in evidence.
(2) The provisions of sub-rule (1) shall apply to proceedings in execution of a decree or order.”
[Vide Rajasthan Gazette, Extra, Ft, IV (Ga), Sec. 2, dated 1st December, 1973.]
1[4A. Commission for examination of any person resident within the local BE limits of the jurisdiction of
the Court
Notwithstanding anything contained in these rules, any court may, in the interest of justice or for the
expeditious disposal of the case or for any other reason, issue commission in any suit for the
examination, on interrogatories or otherwise, of any person resident within the local limits of its
jurisdiction, and the evidence so recorded shall be read in evidence.]
1. Ins. By Act No. 46 of 1999 section 29 (w.e.f.. 1-7-2002)
4. Commission or request to examine witness not within India
Where any Court to which application is made for the issue of a commission for the examination B of a
person residing at any place not within India is satisfied that the evidence of such person is necessary,
the Court may issue such commission or a letter of request.
5. Court to examine witness pursuant to Commission
Every Court receiving a commission for the examination of any person shall examine him or cause him to
be examined pursuant thereto.
6. Return of commission with depositions of witnesses
Where a commission has been duly executed, it 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; and the
commission and the returned thereto and the evidence taken under it shall 1[subject to the provisions
of rule 8] from part of the record of the suit.
1. Subs, by Act No. 104 of 1976, sec. 75, for “subject to the provisions of the next following rule)”
(w.e.f. 1-2-1977).
Allahabad.-In Order XXVI, in rule 7, omit the words “subject to the provision of rule 8” and at the end,
insert the words “shall be read as evidence in the suit”, (w.e.f. 22-11-1980)
7. When depositions may be read in evidence
Evidence taken under a commission shall not be read as evidence in the suit without the consent of the
party against whom the same is offered, unless-
(a) The person who gave the evidence is beyond the jurisdiction of the Court, or
dead or unable from sickness or infermity to attend to be personally
examined, or exempted from personal appearance in Court or is a person in
the service of the Government who cannot, in the opinion of the Court, attend
without detriment to the public service, or
(b) The Court in its discretion dispenses with the proof of any of the
circumstances mentioned in clause (a) and authorizes the evidence of any
person being read as evidence in the suit, notwithstanding proof that the
cause for taking such evidence by commission has ceased at the time of
reading the same.
Allahabad,-In Order XXVI, omit rule 8. (w.e.f. 22-11-1980)

Commissions for local investigations
8. Commissions to make local investigations
In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of
elecidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of
any mesne profits or damages or annual net profits, the Court may issue a commission to such person as
it thinks fit directing him to make such investigation and to report thereon to the Court:
Provided that, where the State Government has made rules as to the persons to whom such commission
shall be issued, the Court shall be bound by such rules.
Calcutta.-In Order XXVI, in rule 9, omit the proviso.
[Vide Notification No. 11223-G, dated 7th April, 1933.]
9. Procedure of Commissioner
(1) The Commissioner, after such local inspection as he deems necessary and after reducing
to writing the evidence taken by him, shall return such evidence, together with his
report in writing signed by him, to the Court.
(2) Report and deposition to be evidence in suit. Commissioner may be examined in person-
The report of the Commissioner and the evidence taken by him (but not the evidence
without the report) shall be evidence in the suit and shall form part of the record; but
the Court or, with the permission of the Court, any of the parties to suit may examine
the Commissioner personally in open Court touching any part of the matters referred to
him or mentioned in his report, or as to his report, or as to the manner in which he has
made the investigation.
(3) Where the Court is for any reason dissatisfied with the proceedings of the
Commissioner, it may direct such further inquiry to be made as it shall think fit.
1[Commissions for scientific investigation, performance of ministerial act and sale of movable property
1. Ins. By Act No. 104 of 1976 (w.e.f. 1-2-1977).
10A. Commission for scientific investigation
(1) Where any question arising in a suit involves any scientific investigation which cannot, in
the opinion of the Court, be conveniently conducted before the Court, the Court may, if
it thinks it necessary or expedient in the interests of justice so to do, issue a commission
to such person as it thinks fit, directing him to inquire into such question and report
thereon to the Court.
(2) The provisions of rule 10 of the Order shall, as far as may be, apply in relation to a
Commissioner appointed under this rule as they apply in relation to a Commissioner
appointed under rule 9.
10B. Commission for performance of a ministerial act
(1) Where any question arising in a suit involves the performance of any ministerial act
which cannot, in the opinion of the Court, be conveniently performed before the Court,
the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or
expedient in the interests of justice so to do, issue a commission to such person as it
thinks fit, directing him to perform that ministerial act and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner
appointed under this rule as they apply in relation to a Commissioner appointed under
rule 9.
10C. Commission for the sale of movable property
(1) Where in any suit, it becomes necessary to sell any movable property which is in the custody of
the Court pending the determination of the suit and which cannot be conveniently preserved,
the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in
the interests of justice so to do, issue a commission to such -person as it thinks fit, directing him
to conduct such sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under
this rule as they apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for
the sale of movable property in execution of a decree.]
Commissions to examine accounts
10. Commission to examine or adjust accounts
In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a
commission to such person as it thinks fit directing him to make such examination or adjustment.
11. Court to give Commissioner necessary instructions
(1) The Court shall furnish the Commissioner with such part of the proceedings and such
instructions as appear necessary, and the instructions shall distinctly specify whether
the Commissioner is merely to transmit the proceedings which he may hold on the
inquiry, or also to report his own opinion on the point referred for his examination.
(2) Proceedings and report to be evidence. Court may direct further inquiry-The
proceedings and report (if any) of the Commissioner shall be evidence in the suit, but
where the Court has reason to be dissatisfied with them, it may direct such further
inquiry as it shall think fit.
Commissions to make partitions
12. Commission to make partition of immovable property
Where a preliminary decree for partition has been passed, the Court may, in any case not provided for
by section 54, issue a commission to such person as it thinks fit to make the partition or separation
according to the rights as declared in such decree.
13. Procedure of Commissioner
(1) The Commissioner shall, after such inquiry as may be necessary, divide the property into
as many shares as may be directly by the order under which the commission was issued,
and shall allot such shares to the parties, and may, if authorised thereto by the said
order, award sums to be paid for the purpose of equalizing the value of the shares.
(2) The commissioner shall then prepare and sign a report or the Commission (where the
commission was issued to more than one person and they cannot agree) shall prepare
and sign separate reports appointing the share of each party and distinguishing each
share (if so directed by the said order) by metes and bounds. Such report or reports
shall be annexed to the commission and transmitted to Court; and the Court, after
hearing any objections which the parties may make to the report or reports, shall
confirm, vary or set aside the same.
(3) Where the Court confirms or varies the report or reports it shall pass a decree in
accordance with the same as confirmed or varied; but where the Court sets aside the
report or reports it shall either issue a new commission or make such other order as it
shall think fit.

Orissa and Patna.-In Order XXVI, in rule 14, for sub-rules (2) and (3), substitute the following sub-rules,
namely:-
“(2) The Commissioner shall then prepare and sign a report or the commissioner (where the commission
was issued to more than one person and they cannot agree) shall prepare and sign separate reports
appointing the share of each party and distinguishing each share (if necessary) by metes and bounds.
The Commissioner or Commissioners shall append to the report or where there is more than one to
each report a schedule showing the plots and areas allotted to each party and also unless otherwise
directed by the Court, a map showing in different colours the plots or portions of plots allotted to each
party. In the event of a plot being sub-divided the area of each sub-plot shall be given in the schedule
and also measurements showing how the plot is to be divided. Such report or reports with the schedule
and map, if any, shall be annexed to the commission and transmitted to the Court and the Court after
hearing any objections which the parties may make to the report or reports shall confirm, vary or set
aside the same.
(4) Where the Court confirms or varies the report or reports it shall pass a decree in
accordance with the same as confirmed or varied and when drawing up the final decree
shall incorporate in its decree the schedule and the map, if any, mentioned in sub-rule
(2) above, as confirmed or varied by the Court. The whole report or reports of the
Commissioner or Commissioners shall not ordinarily be entered in the decree. Where
the Court sets aside the report or reports it shall either issue a new commission or make
such other order as it shall think fit.” (w.e.f. 4-3-1932)
General provisions
14. Expenses of commission to be paid into Court
Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks
reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the
party at whose instance or for whose benefit the commission is issued.

Karnataka.-Same as in Madras with substitution of the words “any of the Courts mentioned in clause (c)
of section 78 of this Code” for the words “foreign Courts under the provisions of section 78”.
[Vide Notification No. BI-3312/5S, dated 7th April, 1959.]
Madras.-In Order XXVI,-
(i) Renumber rule 15 as sub-rule (1) thereof;
(ii) After sub-rule (1) as so renumbered, insert the following sub-rule, namely:-
“(2) Before executing and returning any commission issued by foreign Courts under the provisions of
section 78 the Court or the Commissioner required to execute the commission may levy such fees as the
High Court may from time to time prescribe in this behalf in addition to the fees prescribed for the issue
of summons to witnesses and for expenses of such witnesses under rule 2 of Order XVI.”
Orissa.-In Order XXVI, in rule 15, at the end, insert the words “any after the issue of such omission may
order such further sums to be paid into Court from time to time by either party as the Court may
consider necessary”.
[Vide Notification No. 24-X-7-52, dated 30th March, 1954.]
15. Powers of Commissioners
Any Commissioner appointed under this Order may, unless otherwise directed by the order of
appointment,-
(a) Examine the parties themselves and any witness whom they or any of them
may produce, and any other person whom the Commissioner thinks proper to
call upon to give evidence in the matter referred to him;
(b) Call for and examine documents and other things relevant to the subject of
inquiry;
(c) At any reasonable time enter upon or into any land or building mentioned in
the order.
1[16A. Questions objected to before the Commissioner
(1) Where any question put to a witness is objected to by a party or his pleader in proceedings
before a Commissioner appointed under this Order, the Commissioner shall take down the
question, the answer, the objections and the name of the party or, as the case may be, the
pleader so objecting:
Provided that the Commissioner shall not take down the answer to a question which is objected to on
the ground of privilege but may continue with the examination of the witness, leaving the party to get
the question of privilege decided by the Court, and, where the Court decides that there is no question of
privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be
examined by the Court with regard to the question which was objected to on the gtound of privilege.
(2) No answer taken down under sub-rule (1) shall be read was evidence in the suit except by the
order of the Court.]
16. Attendance and examination of witnesses before Commissioner
(1) The provisions of this Code relating to the summoning, attendance and examination of
witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses,
shall apply to persons required to give evidence or to produce documents under this
Order whether the commission in execution of which they are so required has been
issued by a Court situate within or by a Court situate beyond the limits of 1[India], and
for the purposes of this rule the Commissioner shall be deemed to be a Civil Court:
2[Provided that when the Commissioner is not a Judge of a Civil Court he shall not be competent to
impose penalties; but such penalties may be imposed on the application of such Commissioner by the
Court by which the commission was issued.]
(2) A Commissioner may apply to any Court (not being a High Court) within the local limits
on whose jurisdiction a witness resides for the issue of any process which he may find it
necessary to issue to or against such witness, and such Court may, in its discretion, issue
such process as it considers reasonable and proper.
1. Subs. By Act 2 of 1951, sec. 3, for “the States”.
2. Ins. By Act No. 104 of 1976, sec. 75, (w.e.f. 1-2-1977).
17. Parties to appear before Commissioner
(1) Where a commission is issued under this Order, the Court shall direct that the parties to
the suit shall appear before the Commissioner in person or by their agents or pleaders.
(2) Where all or any of the parties do not so appear, the Commissioner may proceed in
their absence.
Allahabad.-In Order XXVI, in rule 18, in sub-rule (1), after the words “agents or pleaders”, substitute a
comma for the full stop and insert the words “and shall direct the party applying for the examination of
the witness or in the discretion any other party to the suit, to supply the Commissioner with a copy of
the pleadings and issues.”
[Vide Notification No. 4084/35 (a)-3(7), dated 24th July, 1926.]
Orissa.-Same as in Allahabad, (w.e.f. 29-12-1961)
1[18A. Application of Order to execution proceedings-
The provisions of this Order shall apply so far as may be, to proceedings in execution of a decree or
order.
18B. Court to fix a time for return of commission
The Court issuing a commission shall fix a date on or before which the commission shall be returned to it
after execution, and the date so fixed shall not be extended except where the Court, for reasons to be
recorded, is satisfied that there is sufficient cause for extending the date.]
Commissions issued at the instance of foreign Tribunals
18. Cases in which High Court may issue commission to examine witness-
(1) If a High Court is satisfied-
(a) That a foreign court situated in a foreign country wishes to obtain the
evidence of a witness in any proceeding before it,
(b) That the proceeding is of a civil nature, and
(c) That the witness is residing within the limits of the High Court’s appellate
jurisdiction,
It may, subject to the provisions of the rule 20, issue a commission for the examination of such witness.
(2) Evidence may be given of the matters specified in clauses (a), (b) and (c) of sub-rule (1)-
(a) By a certificate signed by the consular officer of the foreign country of the
highest rank in India and transmitted to the High Court through the Central
Government, or
(b) By a letter of request issued by the foreign Court and transmitted to the High
Court through the Central Government, or
(c) By a letter of request issued by the foreign Court and produced before the
High Court by a party to the proceeding.
19. Application for issue of commission
The High Court may issue a commission under rule 19-
(a) Upon application by a party to the proceeding before the foreign Court, or
(b) Upon an application by a law officer of the State Government acting under
instructions from the State Government.
20. To whom commission may be issued
A commission under rule 19 may be issued to any Court within the local limits of whose jurisdiction the
witness resides, or the witness resides within the local limits of the ordinary original civil jurisdiction of
the High Court to any person whom the Court thinks fit to execute the commission.
Kerala.-In Order XXVI, for rule 21, substitute the following rule, namely:-
“21. To whom Commission may be issued.-A commission under rule 19 may be issued to any Court
within the local limits of whose jurisdiction the witness resides, or to any person whom the Court thinks
fit to execute the commission.” (w.e.f. 9-6-1959).
21. Issue, execution and return of commissions, and transmission of evidence to foreign Court
The provisions of rules 6, 15 1[Sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so far as they are
applicable shall apply to the issue, execution and return of such commissions, and when any such
commission has been duly executed it shall be returned, together with the evidence taken under it, to
the High Court, which shall forward it to the Central Government, along with the letter of request for
transmission to the foreign court.]
1. Subs, by Act No. 104 of 1976, for “16, 17 and 18” (w.e.f. 1-2-1977).
Karnataka.-In Order XXVI, after rule 22, insert the following rules, namely:-
“23. (1} The Court may in any suit issue a commission to such person or persons as it thinks fit to
translate accounts and documents which are not in the language of the Court.
(3) Before issuing such a commission the Court may order such sum, if any, as it thinks reasonable
for the expenses of the commission to be paid into Court by the party at whose instance or for
whose benefit the commission has been issued within such time as may be fixed by the Court.
(4) The report of the Commissioner shall be evidence in the suit and shall form part of the record.
(5) Where however a translation as required by rule 12 of Order XII of this Code has already been
filed into Court, no further commission under this rule need be issued.
(6) A translation submitted by the Commissioner or Commissioners under this rule shall be verified
in the manner prescribed in rule 12 of Order XIII of this Code.
24. The provisions of this order shall apply so far as may be, to proceedings in execution of decree or
order. Verified in the manner prescribed in rule 12 of Order XIII of this Code.” (w.e.f. 30-3-1967)
[Vide Notification No. BI-3312/5S, dated 9th June, 1959.]
Madras.-In Order XXVI,-
(a) After rule 22, insert the following rule, namely:-
“23. Application of order to execution proceedings.-The provisions of this Order and of Order XXVIA shall
apply, so for as may be, to proceedings in execution of a decree or Order.” (w.e.f. 9-6-1923)
(b) After Order XXVI, insert the following Order, namely:-
ORDER XXVI A
1. The Court may in any suit issue a commission to such person as it thinks fit to translate accounts
and other documents which are not in the language of the Court.
2. The report of the Commissioner shall be evidence in the suit and shall form part of the record.
3. Before issuing any-commission under this Order, the Court may order such sum
(if any) as it thinks reasonable for the expense of the commission to be, within a time to be fixed, paid in
the Court by the party at whose instance or for whose benefit the commission is issued.”
Orissa.-In Order XXVI –
(a) After rule 22, insert the following rules, namely:
“23. (i) The Court may in any suit issue a commission to such persons as it thinks fit to translate accounts
or other documents which are not in Court language or to inspect documents for purposes to be
specified in the order appointing such Commissioner.
(iii) The report of the Commissioner shall be evidence in the suit and shall form part of
the record.
(iv) Before issuing any commission under this Order, the Court may order such sum (if
any) as it thinks reasonable for the expense of the commission to be, within a time
to be fixed, paid in the Court by the party at whose instance or for whose benefit
the commission is issued.”
ORDER XXVII. SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL
CAPACITY
ORDER XXVII. SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL
CAPACITY
1. Suits by or against Government

In any suit by or against the Government the plaint or written statement shall be signed by such person
as the Government may, by general or special order, appoint in this behalf, and shall be verified by any
person whom the Government may so appoint and who is acquainted with the facts of the case.
STATE AMENDMENTS
Uttar Pradesh.-In the marginal heading of the Order, after the words “official capacity”, insert the words
“or Statutory Authorities, etc.” [U.P. Act 57 of 1976].
2. Persons authorised to act for Government
Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial
proceeding shall be deemed to be the recognised agents by whom appearances, act and applications
under this Code may be made or done on behalf of the Government.
3. Plaints in suits by or against Government
In suits by or 1[against the Government] instead of inserting in the plaint the name and description and
place of residence of the plaintiff or defendant, it shall be sufficient to insert 1[the appropriate name as
provided in section 79.2[* * *]]
1. Subs. A.O. 1937, for “against the Secretary of State for India in Council”.
2. Certain words omitted by the A.O. 1948.
1[4. Agent for Government to receive process
The Government pleader in any Court shall be the agent of the Government for the purpose of receiving
processes against the Government issued by such Court.]
1. Subs. By the A.O. 1937, for rule 4.

4. Fixing of day for appearance on behalf of Government
The Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for
the necessary communication with the Government through the proper channel, and for the issue of
instructions to the Government pleader to appear and answer on behalf of the Government and may
extend the time at its discretion [but the time so extended shall not exceed two months in the
aggregate.]
Karnataka.-In Order XXVII, in rule 5, after the words “instructions to the Government pleader”, insert the
words “or recognised agents of the Government”.
Madras.-In Order XXVII, in rule 5, for the words “a reasonable time”, substitute the words “not less than
three months’ time from the date of summons”.
1[5A. Government to be joined as a party in a suit against a public officer
Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged
to have been done by him in his official capacity, the Government shall be joined as a party to the suit.
5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
(1) In every suit or proceeding to which the Government, or a public officer acting in his
official capacity, is a party, it shall be the duty of the Court to make, in the first instance,
every endeavour, where it is possible to do so consistently with the nature and
circumstances of the case, to assist the parties in arriving at a settlement in respect of
the subject-matter of the suit.
(2) If, in any such suit or proceeding, at any stage, it appears to the Court that there is a
reasonable possibility of a settlement between the parties, the Court may adjourn the
proceeding for such period as it thinks fit, to enable attempts to be made to effect such
a settlement.
(3) The power conferred under sub-rule (2) is in addition to any other power of the Court to
adjourn proceedings.]
5. Attendance of person able to answer questions relating to suit against Government
The Court may also in any case in which the Government pleader is not accompanied by any person on
the part of the Government who may be able to answer any material questions relating to the suit,
direct the attendance of such a person.
6. Extension of time to enable public officer to make reference to Government
(1) Where the defendant is a public officer and, on receiving the summons, considers it
proper to make a reference to the Government before answering the plaint, he may
apply to the Court to grant such extension of the time fixed in the summons as may
necessary to enable him to make such reference and to receive orders thereon through
the proper channel.
(2) Upon such application the Court shall extend the time for so long as appears to it to be
necessary.
7. Procedure in suits against public officer

(1) Where the Government undertakes the defence of a suit against a public officer, the
Government pleader, upon being furnished with authority to appear and answer the
plaint, shall apply to the Court, and upon such application the Court shall cause a note of
his authority to be entered in the register of civil suits.
(2) Where no application under sub-rule (1) is made by the Government pleader on or
before the day fixed in the notice for the defendant to appear and answer, the case shall
proceed as in a suit between private parties:
Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than
in execution of a decree.
8A. No security to be required from Government or a public officer in certain cases
No such security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or,
where the Government has undertaken the defence of the suit, from any public officer sued in respect
of an act alleged to be done by him in his official capacity.
Madras.-In Order XXVII, re-number rule 8A as rule 9.
8B. Definitions of “Government” and “Government pleader”
In this Order unless otherwise expressly, provided “Government” and “Government pleader” mean
respectively-
(a) In relation to any suit by or against the Central Government, or against a

public officer in the service of that Government, the Central Government and
such pleader as that Government may appoint whether generally or specially
for the purposes of this Order;
1[* * *]
(b) In relation to any suit by or against a State Government or against a public

officer in the service of a State, the State Government and the Government
pleader as defined in clause (7) of section 2, or such other pleader as the State
Government may appoint, whether generally or specially, for the purposes of
this Order.
1. Clause (b) omitted by the A.O. 1948.
STATE AMENDMENT
Uttar Pradesh.-In Order XXVII, after rule 9, insert the following rule, namely:-
“10- Suits by or-against statutory authority.-(1) Any authority or corporation, consituted by or under any
law, may, from time to time, appoint a Standing Counsel, to be called Corporation pleader of that
authority in any district and give information of such appointment to the District Judge *[and to
Registrar of the High Court at Allahabad or a Lucknow Bench, as the case may be].
(3) The Corporation pleader so appointed shall be the agent in that district of the
appointing authority or Corporation for purposes of receiving processes against it, but
shall not act or plead without filing a vakalatnama or memorandum of appearance.”
[Vide Uttar Pradesh Act 57 of 1976, sec. 11 (w.e.f. 1-1-1977) and * Notification dated 10th February, 1981
(w.e.f. 3-10-1981).]
Allahabad.-In Order XXVII, after rule 8B, insert the following rule, namely:-
“9. In every case in which the District Government Counsel appears for the Government as a party on its
own account, or for the Government as undertaking under the provisions of rule 8(1), the defence of a
suit against an officer of the Government, he shall, in lieu of a vakalatnama, file a memorandum on
unstamped paper signed by him and stating on whose behalf he appears. Such memorandum shall be,
as nearly as may be, in the terms of the following form:-
TITLE OF THE SUIT, ETC.
1. AB. District Government Counsel appears on behalf of the Government of India (or the
Government of Uttar Pradesh, or as the case may be) respondent (or etc.). in the suit:-
Or, on behalf of the Government [which under order 27, rule 8(1) of Act No. V of 1908, has undertaken
the defence of the suit], respondent (or, etc.), in the suit.”
{Vide Notification No. 1953/35 (a), dated 22nd May, 1915.]
Madras.-In Order XXVII, renumber rules 8A and 8B as rules 9 and 10 respectively, (w.e.f. 2-3-1942)
Orissa.-In Order XXVI, insert the following rule, namely:-
“9. In every case in which the Government pleader appears for the Government as a party on it own
accounts or for the Government as undertaking under the provision of rule 8(1), the defence of a suit
against an officer of a Government, he shall in lieu of a vakalatnama, file a memorandum of unstamped
paper signed by him and stating on whose behalf he appears.” (w.e.f. 14-10-1960)
[ORDER XXVIIA. SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF

[THE CONSTITUTION] [OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT]
1[ORDER XXVIIA. SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF

2[THE CONSTITUTION] 3[OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT]
1. Order XXVIIA (containing rules 1, 2, 3, and 4) Ins. By act 23 of 1942, sec.2.

2. Subs. By the A.O. 1950, for “the Government of India Act, 1935, or any Order-inCouncil made
thereunder”.
3. Ins. By Act 104 of 1976, sec. 77 (w.e.f. 1-2-1977).
1. Notice to the Attorney General or the Advocate-General
In any suit in which it appears to the Court that any such question as is referred to in clause (1) of Article
132, read with Article 147 of the Constitution is involved, the Court shall not proceed to determine that
question until after notice has been given to the Attorney General for India if the question of law
concerns the Central Government and to the Advocate-General of the State if the question of law
concerns a State Government.
1[lA. Procedure in suits involving validity of any statutory instrument
In any suit in which it appears to the Court that any question as to the validity of any statutory
instrument, not being a question of the nature mentioned in rule 1, is involved, the Court shall not
proceed to determine that question except after giving notice-
(a) To the Government pleader, if the question concerns the Government, or
(b) To the authority which issued the statutory instrument, if the question concerns an
authority other than Government.]
1. Ins. By Act No. 104 of 1976, sec.77, (w.e.f. 1-2-1977).
2. Court may add Government as party

The Court may at any stage of the proceedings order that the Central Government or a State
Government shall be added as a defendant in any suit involving any such question as it referred to in
clause (1) of Article 132 read with Article 147, of the Constitution, if the Attorney General for India or the
Advocate-General of the State, as the case may be, whether upon receipt of notice under rule 1, or
otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable
for the satisfactory determination of the question of law involved.
1[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the
validity of any statutory instrument
The Court may, at any stage of the proceedings in any suit involving any such question as is referred to
in rule 1A, order that the Government or other authority shall be added as a defendant if the
Government pleader or the pleader appearing in the case for the authority which issued the instrument,
as the case may be, whether upon receipt of notice under rule 1A or otherwise, applies for such
addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory
determination of the question.]
1[3. Costs
Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit,
the Attorney-General, Advocate-General or Government Pleader or Government or other authority shall
not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court, having
regard to all the circumstances of the case for any special reason, otherwise orders.]
1. Subs. By Act No. 104 of 1976, sec. 77 for rule 3 (w.e.f. 1-2-1977).
3. Application or Order to appeals
In application of this Order to appeals the word “defendant” shall be held to include a respondent and
the word “suit” an appeal.
1[Explanation-In this Order, “statutory instrument” means a rule, notification, bye-law order, scheme or
form made as specified under any enactment.]
ORDER XXVIII. SUITS BY OR AGAINST MILITARY OR NAVAL MEN 1[OR AIRMEN
ORDER XXVIII. SUITS BY OR AGAINST MILITARY OR NAVAL MEN 1[OR AIRMEN
1. Ins. By Act 10 of 1927, sec. 2 and Sch. I.
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or
defend for them
(1) Where any officer, soldier, sailor or airman, actual serving under the Government in
such capacity is a party to a suit, and cannot obtain leave of absence for the purpose of
prosecuting or defending the suit in person, he may authorize any person to sue or
defend in his stead.
(2) The authority shall be writing and shall be signed by the officer, soldier, sailor or airman
in the presence of (a) his commanding officer, or the next subordinate officer, if the
party is himself the commanding officer, or (b) where the officer, soldier, sailor or
airman, is serving in military, naval or air force staff employment the head or other
superior officer of the office in which he is employed. Such commanding or other officer
shall countersign the authority, which shall be filed in Court.
(3) When so filed the countersignature shall be sufficient proof that the authority was duly
executed, and that the officer, soldier, sailor or airman by whom it was granted could
not obtain leave of absence for the purpose of prosecuting of defending the suit in
person.
Explanation-In this Order the expression “commanding officer” means the officer in actual command for
the time being of any regiment, corps, ship, detachment or depot which the officer, soldier sailor or
airman belongs.
2. Person so authorized may act personally or appoint pleader
Any person authorized by an officer, soldier, sailor or airman to prosecute or defend a suit in his stead
may prosecute or defend it in person in the same manner as the officer, soldier, sailor or airman could
do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer,
soldier, sailor or airman.
3. Service on person so authorized, or on his pleader, to be service
Process served upon any person authorized by an officer soldier, sailor or airman under rule 1 or upon
any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on
the party in person.
ORDER XXIX. SUITS BY OR AGAINST CORPORATIONS
1. Subscription and verification of pleading
In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation
by the security or by any director or other principal officer of the corporation who is able to depose to
the facts of the case.
Kerala.-In Order XXIX, after rule 1, insert rule 1A which is same as in Madras with the addition of the
following as marginal note:-
“Time to be fixed in the summons for appearance in suits against local authority”.

Madras.-In Order XXIX, after rule 1, insert the following rule, namely:-
“1A. In suits against a local authority the Court in fixing the day for the defendant to appear and answer
shall allow not less than two months time between the date of summons and the date for appearance.”
2. Service on corporation
Subject to any statutory provision regulating service of process, where the suit is against a corporation,
the summons may be served-
(a) On the secretary, or on any director, or other principal officer of the corporation, or
(b) By leaving it or sending it by post addressed to the corporation at the registered office,
or if there is no registered office then at the place where the corporation carries on
business.
STATE AMENDMENT
Uttar Pradesh.-In Order XXIX, in rule 2, after clause (a), insert the following clause, namely;-
“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has
been appointed and the appointment has been notified to the District Judge under rule 10 of order
XXVII, or”.
[Vide Uttar Pradesh Act 57 of 1976, sec. 12 fw.e.f. 1-1-1977}.]
Karnataka.-In Order XXIX, after rule 2, insert the following rule, namely;-
“2A. Where the suit is against a local authority the Court in fixing the day for such authority to answer
the plaint shall allow a reasonable time for the necessary communication with any department of the
Government and for the issue of the necessary instruction to the pleader of the authority, and may
extend the time at its discretion.”
[Vide R.O.C. 2526 of 1959, dated 9th February, 1967.]
3. Power to require personal attendance of officer of corporation.
The Court may, at any stage of the suit, require the personal appearance of the secretary or of any
director, or other principal officer of the corporation who may be able to answer material questions
relating to the suit.
ORDER XXIX
SUITS BY OR AGAINST CORPORATIONS
1. Subscription and verification of pleading
In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation
by the security or by any director or other principal officer of the corporation who is able to depose to
the facts of the case.
Kerala.-In Order XXIX, after rule 1, insert rule 1A which is same as in Madras with the addition of the
following as marginal note:-
“Time to be fixed in the summons for appearance in suits against local authority”.

Madras.-In Order XXIX, after rule 1, insert the following rule, namely:-
“1A. In suits against a local authority the Court in fixing the day for the defendant to appear and answer
shall allow not less than two months time between the date of summons and the date for appearance.”
2. Service on corporation
Subject to any statutory provision regulating service of process, where the suit is against a corporation,
the summons may be served-
(a) On the secretary, or on any director, or other principal officer of the corporation, or
(b) By leaving it or sending it by post addressed to the corporation at the registered office,
or if there is no registered office then at the place where the corporation carries on
business.
STATE AMENDMENT
Uttar Pradesh.-In Order XXIX, in rule 2, after clause (a), insert the following clause, namely;-
“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has
been appointed and the appointment has been notified to the District Judge under rule 10 of order
XXVII, or”.
[Vide Uttar Pradesh Act 57 of 1976, sec. 12 fw.e.f. 1-1-1977}.]
Karnataka.-In Order XXIX, after rule 2, insert the following rule, namely;-
“2A. Where the suit is against a local authority the Court in fixing the day for such authority to answer
the plaint shall allow a reasonable time for the necessary communication with any department of the
Government and for the issue of the necessary instruction to the pleader of the authority, and may
extend the time at its discretion.”
[Vide R.O.C. 2526 of 1959, dated 9th February, 1967.]
3. Power to require personal attendance of officer of corporation.
The Court may, at any stage of the suit, require the personal appearance of the secretary or of any
director, or other principal officer of the corporation who may be able to answer material questions
relating to the suit.
ORDER XXX. SUITS BY OR AGAINST FIRMS AND

PERSONS CARRYING ON BUSINESS IN NAMES
OTHER THAN THEIR OWN
1. Suing of partners in name of firm
(1) Any two or more persons claiming or being liable as partners and carrying on
business, in India may sue or be sued in the name of the firm (if any) of which such
persons were partners at the time of the accruing of the cause of action, and any party
to a suit may in such case apply to the Court for a statement of the names and
addresses of the persons who were, at the time of the accruing of the cause of action,
partners in such firm, to be furnished and verified in such manner as the Court may
direct.
(2) Where persons sue or are sued partners in the name of their firm under sub-rule
(1), it shall, in the case of any pleading or other document required by or under this
Code to be signed, verified or certified by the plaintiff or the defendant, suffice such
pleading or other document is signed, verified or certified by any one of such persons.
Haryana.-Same as in Punjab.
Punjab.-In Order XXX, in rule 1, at the end, insert the following “Explanation “,
namely:-
“Explanation.-This rule applied to a joint Hindu family trading partnership.”
[Vide Notification No. 2212-G, dated 12th May, 1909.]
2. Disclosure of partners’ names
(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or
their pleader shall, on demanding writing by or on behalf of any defendant, forthwith
declare in writing the names and places of residence of all the persons constituting the
firm on whose behalf the suit is instituted.
(2) Where the plaintiffs or their pleader fail to comply with any demand made under
sub-rule (1) all proceedings in the suit may, upon an application for that purpose, be
stayed upon such terms as the Court may direct.
(3) Where the names of the partners are declared in the manner referred to in sub-rule
(1) the suit shall proceed in the same manner, and the same consequences in all
respects shall follow, as if they had been named as plaintiffs in the plaint:
1
[Provided that all proceedings shall nevertheless continue in the name of the firm, but
the name of the partners disclosed in the manner specified in sub-rule (1) shall be
entered in the decree.]
1. Subs, by Act No. 104 of 1976 for the proviso (w.e.f. 1-2-1977).
3. Service
Where persons are sued as partners in the name of their firm, the summons shall be
served either-
(a) upon any one or more of the partners, or
(b) at the principal place at which the partnership business is carried on within India
upon any person having, at the time of service, the control or management or the
partnership business, there,
as the Court may direct; and such service shall be deemed good service upon the firm
so sued, whether all or any of the partners are within or without India:
Provided that, in the case of a partnership which has been dissolved to the knowledge
of the plaintiff before the institution of the suit, the summons shall be served upon
every person within India whom it is sought to make liable.
4. Rights of suit on death of partner
(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872
(9 of 1872) where two or more persons may sue or be sued in the name of a firm
under the foregoing provisions and any of such persons dies, whether before the
institution or during the pendency of any suit, it shall not be necessary to join the legal
representative of the deceased as a party to the suit.
(2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal
representative of the deceased may have-
(a) to apply to be made a party to the suit, or
(b) to enforce any claim against the survivor or survivors.
5. Notice in what capacity served
Where a summons is issued to a firm and is served in the manner provided by rule 3,
every person upon whom it is served shall be informed by notice in writing given at
the time of such service, whether he is served as a partner or as a person having the
control or management of the partnership business, or in both characters, and, in
default of such notice, the person served shall be deemed to be served as a partner.
6. Appearance of partners.
Where persons are sued as partners in the name of their firm, they shall appear
individually in their own names, but all subsequent proceedings shall, nevertheless,
continue in the name of the firm.
Orissa.- In Order XXX, in rule 6, at the end, insert the following words, namely:-
“But the decree shall, however, cointain the names of all such partners.” (w.e.f. 7-5-
1954)
7. No appearance except by partners.

Where a summons is served in the manner provided by rule 3 upon a person having
the control or management of the partnership business, no appearance by him shall be
necessary unless he is a partner of the firm sued.
1
[8. Appearance under protest
(1) Any person served with summons as a partner under rule 3 may enter an
appearance under protest, denying that he was a partner at any material time.
(2) On such appearance being made, either the plaintiff or the person entering the
appearance may, at any time before the date fixed for hearing and final disposal of the
suit, apply to the Court for determinig whether that person was a partner of the firm
and liable as such.
(3) If, on such application, the Court holds that he was a partner at the material time,
that shall not preclude the person from filing a defence denying the liability of the
firm in respect of the claim against the defendant.
(4) If the Court, however, holds that such person was not a partner of the firm and was
not liable as such that shall not preclude the plaintiff from otherwise serving a
summons on the firm and proceeding with the suit; but in that event, the plaintiff shall
be precluded from alleging the laibility of that person as a partner of the firm in
execution of any decree that may be passed against the firm.]
9. Suits between co-partners
This Order shall apply to suits between a firm and one or more of the partners therein
and to suits between firms having one or more partners, in common; but not execution
shall be issued in such suits except by leave of the Court, and, on an application for
leave to issue such execution, all such accounts and inquiries may be directed to be
taken and made and directions given as may be just.
1
[10. Suit against person carrying on business in name other than his own
Any person carrying on business in a name or style other than his own name, or a
Hindu undivided family carrying on business under any name, may be sued in such
name or style as if it were a firm name, and, in so far as the nature of such case
permits, all rules under this Order shall apply accordingly.]

ORDER XXXI. SUITS BY OR AGAINST TRUSTEES,
EXECUTORS AND ADMINISTRATORS
ORDER XXXI. SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND
ADMINISTRATORS
1. Representation of beneficiaries in suits concerning property vested in trustees,

etc.
In all suits concerning property vested in a trustee, executor or administrator, where

the contention is between the persons beneficially interested in such property and a
third person, the trustee; executor or Administator shall represent the persons so
interested, and it shall not ordinarily be necessary to make them parties to the suit. But
the Court may, if it thinks fit, order them or any of them to be made parties.
2. Joinder of trustee, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made
parties to a suit against one or more of them:
Provided that the executors who have not proved their testator’s will, and trustees,
executors and administrators outside India need not be made parties.
3. Husband of married executrix not to join
Unless the Court directs otherwise, the husband of a married trustee, administratrix or
executrix shall not as such be a party to a suit by or against her.
ORDER XXXII. SUITS BY OR AGAINST MINORS

AND PERSONS OF UNSOUND MIND
ORDER XXXII. SUITS BY OR AGAINST MINORS AND PERSONS OF
UNSOUND MIND
1. Minor to sue by next friend
Every suit by a minor shall be instituted in his name by a person who in such shall be
called the next friend of the minor.
[Explanation-In this Order, “minor” means a person who has not attained his majority
1
within the meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where
the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of
that Act or to any other matter.]
Punjab.-In Order XXXII, in rule 1, at the end, insert the following words, namely:-
“Such person may be ordered to pay any costs in the suit as if he were the plaintiff.”
[Vide Notification No. 2212-G, dated 12th May, 1909.]
2. Where suit is instituted without next friend, plaint to be taken off the file-
(1) Where a suit is instituted by or on behalf of a minor without a next friend, the
defendant may apply to have the plaint taken off the file, with costs to be paid by the
pleader or other person by whom it was presented.
(2) Notice of such application shall be given to such person, and the Court, after
hearing his objections (if any) may make such order in the matter as it thinks fit.

1
[2A. Security to be furnished by next friend when so ordered
(1) Where a suit has been instituted on behalf of the minor by his next friend, the
Court may, at any stage of the suit, either of its own motion or on the application of
any defendant, and for the reasons to be recorded, order the next friend to give
security for the payment of all costs incurred or likely to be incurred by the defendant.
(2) Where such a suit is instituted by an indigent person, the security shall include the
court-fees payable to the Government.
(3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit
where the Court makes an order under this rule directing security to be furnished.]
3. Guardian for the suit to be appointed by Court for minor defendant-

(1) Where the defendant is a minor the Court, on being satisfied of the fact of his
minority, shall appoint a proper person to be guardian for the suit for such minor.
(2) An order for the appointment of a guardian for the suit may be obtained upon
application in the name and on behalf of the minor or by the plaintiff.
(3) Such application shall be supported by an affidavit verifying the fact that the
proposed guardian has no interest in the matters in controversy in the suit adverse to
that of the minor and that he is a fit person to be so appointed.
(4) Order shall be made on any application under this rule except upon notice to any
1*** to any guardian of the minor appointed or declared by an authority competent in
that behalf, or, where there is no such guardian,
2
[upon notice to the father or where there is no father, to the mother, or where there is
no father or mother, to other natural guardian] of the minor, or, where there is 2[no
father, mother or other natural guardian], to the person in whose care the minor is, and
after hearing any objection which may be urged on behalf of any person served with
notice under this sub-rule.
[(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the
3
minor also.]
(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall,
unless his appointment is terminated by retirement, removal or death, continue as such
throughout all proceedings arising out of the suit including proceedings in any
Appellate or Revisional Court and any proceedings in the execution of a decree.
1. The words “to the minor and” omitted by Act No. 104 of 1976.
2. Subs. by Act No. 104 of 1976 for certain words (w.e.f. 1- 2-1977).
3. Ins. by Act No. 104 of 1976, (w.e.f. 1-2-1977).
Allahabad.-In Order XXXII, in rule 3,-
(a) in sub-rule (3), at the end, delete the full stop and insert the following words,
namely:-
“and shall also contain the names and addresses of all probable guardians including
any guardian of the minor appointed or declared by an authority competent in that
behalf, or the father or the other natural guardian of the minor, or where there is no
father or other natural guardian the person in whose care the minor is.”
(b) for sub-rule (4), substitute the following sub-rule, namely:-
“(4) The Court shall cause notice of such application to be served upon the minor as
also upon all the probable guardians named in the application and such other persons
as it may deem fit calling upon them to file objections, if any, to the appointment, etc.
the proposed or any other probable guardian of the minor. In case any person himself
desires to be appointed guardian of the minor instead of the proposed guardian, he
shall furnish an affidavit verifying the fact he has no interest in the matters in
controversy in the suit adverse to that of the minor and that he is a fit person to be so
appointed.
The Court shall after hearing the objections, if any, and considering the respective
claims of all persons desirous of being appointed guardian including the proposed
guardian, such person as guardian appoint of the minor as it may deem fit.”
(c) in sub-rule (4) insert the following proviso, namely:-
“Provided that if the minor is under twelve years of age no such notice shall be issued
to him.”
[Vide Notification No. 43 VIId-29, dated 1st June, 1957.]
Karnataka.-In Order XXXII, for rule 3, substitute the following rule, namely:-
“3. (1) Same as sub-rule (1) of Madras with substitution of the words “or in the case
of a guardian for the suit a plaintiff” by the words “in the suit or in the case of a
guardian a plaintiff in the suit”.
(2) Same as sub-rule (2) of Madras with insertion of the words “in writing” after “for
reasons to be recorded”.
(3) Same as sub-rule (3) of Madras with addition at the end of: “A person appointed as
guardian under this sub-rule shall, unless his appointment is terminated by retirement
or removal by the order of Court on application made for the purpose or by his death,
continue throughout all proceedings in the suit or arising out of the suit including
proceedings in any appeal or in revision and any proceedings in execution of a decree
and the service of any processes in any such proceeding on the said guardian if duly
made shall be deemed to be good service for the purpose of such proceedings. r
(4) Same as sub-rule (4) of Madras with the following modifications:-
(i) Before the words “set forth” insert “whether necessary”;
(ii) Omit the words within brackets and the last sentence.
(5) Same as sub-rule (5) of Madras.
(6) Same as sub-rule (6) of Madras with substitution of the word “party” for the words
“plaintiff petitions”.
(7) No order shall be made on any application under sub-rule (4) above except upon
notice to the minor and also to any guardian of the minor appointed or declared by an
authority competent in that behalf, or where there is no such guardian upon notice to
the father or natural guardian of the minor or where there is no father or natural
guardian upon notice to the person in whose actual care the minor is and after hearing
any objection which may be urged on behalf of any person so served with notice. The
notice required by this sub-rule shall be served at least seven clear days before the day
named in the notice for hearing of the application.
(8) Where none of the persons mentioned in the last preceding sub-rule is willing to
act as guardian, the Court shall direct notice to other person or persons proposed for
appointment as guardian either simultaneously to some or all of them or successively
as it may consider convenient or desirable in the circumstances of the case. The Court
shall appoint such person as it thinks proper from among those who have signified
their consent and intimate the fact of such appointment to the person appointed by
registered post unless he is present at the time of appointment either in person or by
pleader.
(9) No person shall be appointed guardian for the suit without his consent and except
in cases where an applicant himself prays for his appointment as guardian notices
issued shall clearly require the party served to signify his consent or refusal to act as
guardian.
(10) Same as sub-rule (10) of Madras with insertion of the words “or pleader” after
the words “by that officer”.
(11) Same as sub-rule (11) of Madras.”
Kerala.-In Order XXXII, in rule 3,-

(i) substitute sub-rule (2) which is the same as sub-rule (4) of Madras.
(ii) in sub-rule (3), at the end, insert the following, namely:- ‘
“The affidavit shall further state the name of the person or persons on whom notice
has to be served under the provisions of sub-rule (4).”
(iii) in sub-rule (4), insert the following proviso, namely:-
“Provided that if the minor is under 15 years of age no such notice shall be issued to
him.” (w.e.f. 9-6-1959)
Madhya Pradesh.-In Order XXXII, for rule 3, substitute the following rule, namely:-
“3. Guardian for the suit to be appointed by Court for minor defendant:-(1) Where the
defendant is a minor, the Court, not being satisfied of the fact of his minority, shall
appoint a proper person to be guardian for the suit of such minor.
(2) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall,
unless his appointment is terminated by retirement, removal or death, continue as such
throughout all proceeding arising out of the suit including proceedings in any
appellate or revisional Court and any proceedings in the execution of a decree.”
(w.e.f. 16-9-1960)
Madras.-In Order XXXII, for rules 3 and 4, substitute the following rules, namely:-
“3. Qualifications to be a next friend or guardian.-(1) Any person who is of sound

mind and has attained majority may act as next friend of a minor or as his guardian for
the suit:
Provided that the interest of that person is not adverse to that of the minor and that he
is not in the case 6f a next friend, defendant, or in the case of a guardian for the suit, a
plaintiff. ,.
(2) Appointed or declared guardians to be preferred and to be superseded only for

reasons recorded.-Where a minor has a guardian appointed or declared by competent
authority no person other than the guardian shall act as the next friend of the minor or
be appointed his guardian for the suit unless the Court considers, for reasons to be
recorded, that it is for the minor’s welfare that another person be permitted to act or be
appointed, as the case may be.
(3) Guardians to be appointed by Court.-Where the defendant is a minor, the Court, on

being satisfied of the fact of his minority, shall appoint a proper person to be guardian
for the suit for the minor.
(3A) A person appointed under sub-rule (3) to be guardian for the suit for a minor
shall unless his appointment is terminated by retirement, removal or death continue as
such throughout all proceedings arising out of the suit including proceedings in any
appellate or revisional Court and any proceeding in execution of a decree.
(4) Appointment to be on application and where necessary after notice to proposed

guardian.-An order for the appointment of a guardian for the suit may be obtained
upon application in the name and on behalf of the minor or by the plaintiff. The
application, where it is by the plaintiff, shall set forth, in the order of their suitability,
a list of persons {with their full addresses for service of notice in Form No. 11A set
forth in Appendix H. hereto) who are competent and qualified to act as guardian for
the suit for the minor defendant. The Court may, for reasons to be recorded in any
particular case, exempt the applicant from furnishing the list referred to above.
(5) Contents of affidavit in support of the application for appointment of guardian.-

The application referred to in the above sub-rule whether made by the plaintiff or on
behalf of the minor defendant shall be supported by an affidavit verifying the fact that
the proposed guardian has not or that no one of the proposed guardians has any
interest in the matters in controversy in the suit adverse to that of the minor and that
the proposed guardian or guardians are fit persons to be so appointed.
The affidavit shall further state according to the circumstances of each case (a)
particulars of any existing guardian appointed or declared by competent authority, (b)
the name and address of the person, if any, who is the de facto guardian of the minor,
(c) the names and addresses of persons, if any, who in the event of either the natural
or the de facto guardian or the guardian appointed or declared by competent authority,
not being permitted to act, are by reason of relationship or interest or otherwise,
suitable persons to act as guardians for the minor for the suit.
(6) Application for appointment of guardian to be separate from application for

bringing on record the legal representatives of a deceased party.-An application for
the appointment of a guardian for the suit of a minor shall not be combined with an
application for bringing on record the legal representatives of a deceased plaintiff or
defendant. The applications shall be by separate petitions.
(7) Notice of application to be given to persons interested in the minor defendant other
than the proposed guardian.-No order shall be made on any application under sub-rule
(4) above except upon notice to any guardian of the minor appointed or declared by an
authority competent in that behalf or where there is no guardian, upon notice to the
father or other natural guardian of the minor, or where there is no father or other
natural guardian, to the person in whose care the minor is, and after hearing any
objection which may be urged on behalf of any person served with notice under this
sub-rule.
The notice required by this sub-rule shall be served six clear days before the day
named in the notice for the hearing of the application and may be in Form No. 11 set
forth in Appendix H hereto.
(8) Special provision to shorten delay in getting a guardian appointed.-Where the

application is by the plaintiff, he shall, along with his application and affidavit
referred to in sub-rules (4) and (5) above, produce the necessary forms in duplicate
filled in to the extent that is possible at that stage, for the issue simultaneous of notices
to two at least of the proposed guardians for the suit to be selected by the Court from
the list referred to in sub-rule (4) above together with a duly stamped voucher
indicating that the fees prescribed for service have been paid.
If one or more of the proposed guardians signify his or their consent to act, the Court
shall appoint one of them and intimate the fact of such appointment to the person
appointed by registered post. If no one of the persons served signifies his consent to
act, the Court shall proceed to serve simultaneously another selected two, if so many
there be, of the persons named in the list referred to in sub-rule (4) above but no fresh
application under sub-rule (4) shall be deemed necessary. The applicant shall within
three days of intimation of unwillingness by the first set of proposed guardians, pay
the prescribed fee for service and produce the necessary forms duly filled in.
(9) No person shall be appointed guardian without his consent.-No person shall
without his consent, be appointed guardian for the suit. Whenever an application is
made proposing the name of a person as guardian for the suit a notice in Form No. 11
A set forth in Appendix H hereto shall be served on the proposed guardian, unless the
applicant himself be the proposed guardian or the proposed guardian consents.
(10) Court guardian.-When to be appointed-How he is to be placed in funds.- Where

the Court finds no person fit and willing to act as guardian for the suit, the Court may
appoint any of its officers or a pleader of the Court to be the guardian and may direct
that the costs to be incurred by that officer in the performance of the duties as
guardian shall be borne either by the parties or by any one or more of the parties to the
suit or out of any fund in Court in which the minor is interested, and may give
directions for the repayment or allowance of the costs as justice and the circumstances
of the case may require.
(11) Funds for a guardian other than Court guardian to defend.-When a guardian for
the suit of a minor defendant is appointed and it is made to appear to the Court that the
guardian is not in possession of any or sufficient funds for the conduct of the suit on
behalf of the defendant and that the defendant will be prejudiced in his defence
thereby, the Court may, from time to time, order the plaintiff to advance monies to the
guardian for purpose of his defence and all monies so advanced shall form part of the
costs of the plaintiff in the suit. The order shall direct that the guardians, as and when
directed, shall file in Court an account of the monies so received by him.”
Punjab.-In Order XXXII, in rule 3, for sub-rules (3) and (4), substitute the following
sub-rules, namely:-
“(3) The plaintiff shall file with his plaint a list of relatives of the minor and other
persons, with their address, who prima facie are most likely to be capable of acting as
guardian for the suit for a minor defendant. The list shall constitute an application by
the plaintiff under sub-rule (2) above.
(4) The Court may at any time after institution of the suit call upon the plaintiff to
furnish such a list, and in default of compliance, may reject the plaint.
(5) Any application for the appointment of a guardian for the suit and any list
furnished under this rule shall be supported by an affidavit verifying the fact that the
proposed guardian has no interest in the matters in controversy in the suit adverse to
that of the minor and that each person proposed is a fit person to be so appointed.
(6) No order shall be made on any application under this rule except upon notice to
any guardian of the minor appointed or declared by an authority competent in that
behalf, or, where there is no such guardian, upon notice to the father or other natural
guardian of the minor or, where there is no father or other natural guardian, to the
person in whose care the minor is, and after hearing any objection which may be
urged on behalf of any person served with notice under this sub-rule:
Provided that the Court may, if it sees fit, issue notice to the minor also.”
[Vide Notification No. 95-G, dated 25th February, 1925 and Notification No. 566-G,
dated 24th November, 1927.]
1
[3A. Decree against minor to be set aside unless prejudice has been caused to his
interests
(1) No decree passed against a minor shall be set aside merely on the ground that the
next friend or guardian for the suit of the minor had an interest in the subject-matter of
the suit adverse to that of the minor, but the fact that by reasons of such adverse
interest of the next friend of guardian for the suit, prejudice has been caused to the
interests of the minor, shall be a ground for setting aside the decree.
(2) Nothing in this rule shall preclude the minor from obtaining any relief available
under any law by reason of the misconduct or gross negligence on the part of the next
friend or guardian for the suit resulting in prejudice to the interests of the minor.]
4. Who may act as next friend or be appointed guardian for the suit
(1) Any person who is of sound mind and has attained majority may act as next friend
of a minor or as his guardian for the suit:
Provided that the interest of such person is not adverse to that of the minor and that he
is not, in the case of a next friend, a defendant, or, in the case of a guardian for the
suit, a plaintiff.
(2) Where a minor has a guardian appointed or declared by competent authority, no

person other than such guardian shall act as the next friend of the minor or be
appointed his guardian for the suit unless the Court considers, for reasons to be
recorded, that it is for the minor’s welfare that another person be permitted to act or be
appointed, as the case may be.
(3) No person shall without his consent 1[in writing] be appointed guardian for the
suit.
(4) Where there is no other person fit and willing to act as guardian for the suit, for
Court may appoint any of its officers to be such guardian, and may direct that the
costs to be incurred by such officer in the performance of his duties as such guardian
shall be borne either by the parties or by any one or more of the parties to the suit, or
out of any fund in Court in which the minor is interested 1[or out of the property of
the minor], and may give directions for the repayment or allowance of such costs as
justice and the circumstances of the case may require.
Allahabad.-(a) In Order XXXII, for rule 4, substitute the following rule, namely:-
“4. (1) Where a minor has a guardian appointed or declared by competent authority no
person other than such guardian shall act as next friend, except by leave of the Court.
(2) Subject to the provisions of sub-rule (1) any person who is of sound mind and has
attained majority may act as next friend of a minor, unless the interest of such person
is adverse to that of the minor, or he is a defendant, or the Court for other reasons to
be recorded considers him unfit to act.
Every next friend shall, except as otherwise provided by clause (5) of this rule, be
entitled to be reimbursed from the estate of the minor any expenses incurred by him
while acting for the minor.
(4) The Court may, in its discretion, for reasons to be recorded, award costs of the
suit, or compensation under section 35A or section 95 against the next friend
personally as if he were a plaintiff,
(5) Costs or compensation awarded under clause (4) shall not be recoverable by the
guardian from the estate of the minor, unless the decree expressly directs that they
shall be so recoverable.”
[Vide Notification No. 4080/35 (a)-3(7), dated 24th July, 1926.]
(b) after rule 4, insert the following rule, namely:-
“4A.(1) Where a minor has a guardian appointed by competent authority no person

other than such guardian shall be appointed his guardian for the suit unless the Court
considers, for reasons to be recorded, that it is for the minor’s welfare that another
person be appointed.
(2) Where there is no such guardian or where the Court considers that such guardian
should not be appointed it shall appoint as guardian for the suit the natural guardian of
the minor, if qualified, or where there is no such guardian the person in whose care the
minor is, or any other suitable person who has notified the Court of his willingness to
act or failing any such person, an officer of the Court.
Explanation.-An officer of the Court shall for the purposes of this sub-rule include a
legal practitioner on the roll of the Court.”
Calcutta.-In Order XXXII, in rule 4, in sub-rule (4), for the words ‘Where there is no
other person fit and willing to act as guardian for the suit”, substitute the words
“Except as otherwise provided in this Order”.
[Vide Notification No. 8381-G, dated 13th June, 1927.]
Karnataka.-In Order XXXII, omit rule 4. (w.e.f. 30-3-1967}
Kerala.-In Order XXXII, in rule 4,-
(i) in sub-rule (3), at the end, insert the following words, namely:-
“Whenever an application is made proposing the name of a person as a guardian for

the result a notice in Form No. 11A set forth in Appendix H hereto shall be served on
the proposed guardian, unless the applicant himself be the proposed guardian or the
proposed guardian consents” (ii) in sub-rule (4), insert the following Explanation,
namely:-
“Explanation.-An officer of the Court shall for the purpose of this sub-rule include a
pleader of the Court.”
(iii) after sub-rule (4), insert the following sub-rule, namely:-
“(5) When a guardian for the suit of a minor defendant is appointed and it is made to
appear to the Court that the guardian is not in possession of any or sufficient funds for
the conduct of the suit on behalf of the defendant, and that the defendant will be
prejudiced in his defence thereby, the Court may, from time to time, order the plaintiff
to advance moneys to the guardian for the purpose of his defence and all moneys so
advanced shall form part of the costs of the plaintiff in the suit. The order shall direct
that the guardian, as and when directed, shall file in Court an account of the’ moneys
so received by him.”
[Vide Notification No. 81-3312/58, dated 7th April, 1959.] ”
Madhya Pradesh.-In Order XXXII,-
(a) for rule 4, substitute the following rule, namely:-
“4. Who may act as next friend or guardian for the suit.-(1) Any person who is of
sound mind and has attained majority may act as next friend of a minor or as his
guardian for the suit:
Provided that the interest of such person is not adverse to that of the minor and that he
is not in the case of a next friend, a defendant, or, in the case of a guardian for the suit,
a plaintiff.
(2) Where a minor has a guardian appointed or declared by competent authority, no

person other than such guardian shall act as the next friend of the minor or as his
guardian for the suit unless the Court considers, for reasons to be recorded, that it is
for the minor’s welfare that another person be permitted to act in either capacity.”
(b) after rule 4, insert the following rule, namely:-
“4A. Procedure for appointment of guardian for the suit.-{1} No person except the
guardian appointed or declared by competent authority, shall, without his consent, be
appointed guardian for the suit.
(2) An order for the appointment of a guardian for the suit may be obtained upon
application in the name and on behalf of the minor or by the plaintiff.
(3) Unless the Court is otherwise satisfied of the fact that the proposed guardian has
no interest adverse to that of the minor in the matters in controversy in the suit and
that he is a fit person to be so appointed, it shall require such application to be
supported by an affidavit verifying the fact.
(4) No order shall be made on any application for the appointment as guardian for the
suit of any person, other than a guardian of the minor appointed or declared by
competent authority, except upon notice to the proposed guardian for the suit and to
any guardian of the minor appointed or declared by competent authority, or, where
there is no such guardian, the person in whose care the minor is, and after hearing, any
objection that may be urged on a day to be specified in the notice. The Court may, in
any case, if it thinks fit, issue notice to the minor also.
(5) Where, on or before the specified day, such guardian fails to appear and express
his consent to act as guardian for the suit, or, where he is considered unfit, or
disqualified under sub-rule (3), the Court may, in the absence of any other person fit
and willing to act, appoint any of its ministerial officer, or a legal practitioner, to be
guardian for the suit. If a legal practitioner is appointed guardian for the suit, the
Court shall pass an order stating whether he is to conduct the case himself or engage
another legal practitioner for the purpose.
(6) In any case in which there is a minor defendant, the Court may direct that a
sufficient sum shall be deposited in Court by the plaintiff from which sum the
expenses of the minor defendant in the suit including the expenses of a legal
practitioner appointed guardian for the suit shall be paid. The costs so incurred by the
plaintiff shall be adjusted in accordance with the final order passed in the suit in
respect of costs.”
Madras.-In Order XXXII, omit rule 4.

Patna.-In Order XXXII, in rule 4, in sub-rule (4), for the words “Where there is no
other person fit and willing to act as guardian for the suit”, substitute the following
words, namely:-
“Where the person whom the Court after hearing objections, if any, under sub-rule (4)
of rule 3, proposes to appoint as guardian for the suit, fails, within, the time fixed in a
notice to him to express his consent to be so appointed”.
Punjab.-In Order XXXII, in rule 4,~~
(a) after sub-rule (2), insert the following sub-rule, namely:-
“(2A) Where a minor defendant has no guardian appointed or declared by competent

authority, the Court may, subject to the proviso to sub-rule (1), appoint as his guardian
for the suit a relative of the minor.
If no person be available who is a relative of the minor the Court shall appoint one of
the other defendants, if any and failing such other defendant, shall ordinarily proceed
under sub-rule (4) of this rule to appoint one of its officers or a pleader.”
(b) [* * *]
(c) in sub-rule (4), after the words “any of its officers” insert the words “or a pleader”
and for the words “such officer”, substitute the words “such persons”.
[Vide Notification No. 566-G, dated 24th November, 1927 as amended by

Notification No. 209-R-XI-Y-3, dated 22nd July, 1936) and Notification No. 281-R-
XI-Y-3, dated 19th September, 1936.]
5. Representation of minor by next friend or guardian for the suit
(1) Every application to the Court on behalf of a minor, other than an application
under rule 10, sub-rule (2), shall be made by his next friend or by his guardian for the
suit.
(2) Every order made in a suit or on any application, before the Court in or by which a
minor is in any way concerned or affected, without such minor being represented by a
next friend or guardian for the suit, as the case may be, may be discharged, and, where
the pleader of the party at whose instance such order was obtained knew, or might
reasonably have known, the fact of such minority, with costs to be paid by such
pleader.
6. Receipt by next friend or guardian for the suit of property under decree for
minor
(1) A next friend or guardian for the suit shall not, without the leave of the Court,
receive any money or other movable property on behalf of a minor either-
(a) by way of compromise before decree or order, or
(b) under a decree or order in favour of the minor.
(2) Where the next friend or guardian for the suit has not been appointed or declared
by competent authority to be guardian of the property of the minor, or, having been so
appointed or declared, is under any disability known to the Court to receive the money
or other movable property, the Court shall, if it grants him leave to receive the
property, require such security and give such directions as will, in its opinion,
sufficiently protect the property from waste and ensure its proper application:
1
[Provided that the Court may, for reasons to be recorded, dispense with such security
while granting leave to the next friend or guardian for the suit to receive money or
other movable property under a decree or order, where such next friend or guardian-
(a) is the manager of a Hindu undivided family and the decree or order relates to the
property or business of the family; or
(b) is the parent of the minor.]
7. Agreement or compromise by next friend or guardian for the suit
(1) No next friend or guardian for the suit shall, without the leave of the Court,
expressly recorded in the proceedings, enter into any agreement or compromise on
behalf of a minor with reference to the suit in which he acts as next friend or guardian.
1
[(1A) An application for leave under sub-rule (1) shall be accompanied by an
affidavit of the next friend of the guardian for the suit, as the case may be, and also, if
the minor is represented by a pleader, by the certificate of the pleader, to the effect
that the agreement or compromise proposed is, in his opinion, for the benefit of the
minor:
Provided that the opinion so expressed, whether in the affidavit or in the certificate
shall not preclude the Court from examining whether the agreement or compromise
proposed is for the benefit of the minor.]
(2) Any such agreement or compromise entered into without the leave of the Court so
recorded shall be voidable against all parties other than the minor.
Andhra Pradesh.-In Order XXXII, in rule 7, in sub-rule (2), at the end, insert the
following proviso, namely:-
“Provided also that the Court may in its discretion dispense with such security and
impose such other condition as it thinks fit, in case where it is satisfied that any
money is needed for the maintenance, medical care or education of the minor and the
guardian or next friend is unable to furnish security.”
[Vide Notification No. ROC 2756/56, B1, dated 5th December, 1959.]
Karnataka.-In Order XXXII, in rule 7, renumber sub-rule (2) as sub-rule (3) and
insert the following sub-rule, namely:-
“(2) Where an application is made to the Court for leave to enter into an agreement or
compromise or for withdrawal of a suit in pursuance of a compromise or for taking
any other similar action on behalf of a minor or order person under disability, the
affidavit in support of the application shall set out the manner in which the proposed
compromise, agreement or other action is likely to affect the interests of the minor or
other person under disability and the reason why such compromise, agreement or
other action is expected to be for the benefit of the minor or other person under
disability; where in such a case the minor or other person under disability is
represented by counsel or pleader, the said counsel or pleader shall also file into Court
along with the application a certificate to the effect that the agreement or compromise
or action proposed is in his opinion for the benefit of the minor or other person under
disability.
If the Court grants leave under sub-rule (1) of this rule, the decree or order of the
Court shall expressly recite the grant of the leave sought from the Court in respect of
the compromise, agreement or other action as aforesaid after consideration of the
affidavit and the certificate mentioned above and shall also set out either in the body
of the decree itself or in a schedule annexed thereto the terms of the compromise or
agreement or the particulars of the other action.” (w.e.f. 30-3-1967)
Kerala.-In Order XXXII, in rule 7, insert sub-rule (1A) as in Madras.

Madras.-In Order XXXII, in rule 7, insert the following sub-rule, namely:-
“(1A) Where an application is made to the Court for leave to enter into an agreement
or compromise or for withdrawal of a suit in pursuance of a compromise or for taking
any other action on behalf of a minor or other person under disability and such minor
or other person under disability is represented by counsel or pleader, the counsel or
pleader shall file in court with the application a certificate to the effect that the
agreement or compromise or action proposed is, in his opinion, for the benefit of the
minor or other person under disability. A decree or order for the compromise of a suit,
appeal or matter to which a minor or other person under disability is a party shall
recite the sanction of the Court thereto and shall set out the terms of the compromise
as in Form No. 24 in Appendix D to this Schedule.”
[Vide Dis No 1647 of 1910.]
8. Retirement of next friend
(1) Unless otherwise ordered by the Court, a next friend shall not retire without first
procuring a fit person to be put in his place and giving security for the costs already
incurred.
(2) The application for the appointment of a new next friend shall be supported by an
affidavit showing the fitness of the person proposed and also that he has no interest
adverse to that of the minor.
9. Removal of next friend
(1) Where the interest of the next friend of a minor is adverse to that of the minor or
where he is so connected with a defendant whose interest is adverse to that of the
minor as to make it unlikely that the minor’s interest will be properly protected by
him, or where he does not do his duty, or during the pendency of the suit, ceases to
reside within India or for any other sufficient cause, application may be made on
behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the
sufficiency of the cause assigned, may order the next friend to be removed
accordingly, and make such other order as to costs as it thinks fit.
(2) Where the next friend is not a guardian appointed or declared by an authority
competent in this behalf, and an application is made by a guardian so appointed or
declared, who desires to be himself appointed in the place of the next friend, the Court
shall remove that next friend unless it considers, for reasons to be recorded by it, that
the guardian ought not to be appointed the next friend of the minor and shall
thereupon appoint the applicant to be next friend in his place upon such terms as to the
costs already incurred in the suit as it thinks fit.
10. Stay of proceedings on removal, etc., of next friend
(1) On the retirement, removal or death of the next friend of a minor, further
proceedings shall be stayed until the appointment of a next friend in his place.
(2) Where the pleader of such minor omits, within a reasonable time, to take steps to
get a new friend appointed, any person interested in the minor or in the matter in issue
may apply to the Court for the appointment of one, and the Court may appoint such
person as it thinks fit.
11. Retirement, removal or death of guardian for the suit
(1) Where the guardian for the suit desire to retire or does not do his duty, or where
there sufficient ground is made to appear, the Court may permit such guardian to
retire or may remove him, and may make such order as to costs as it thinks fit.
(2) Where the guardian for the suit retires, dies or is removed by the Court during the
pendency of the suit, the Court shall appoint a new guardian in his place.
Allahabad.-In Order XXXII, in rule 11,-
(i) in sub-rule (1), at the end, omit the words “and may make such order as to costs as
it thinks fit”; (ii) in sub-rule (1), insert the following proviso, namely:-
“Provided that where the guardian desires to retire without reasonable cause the Court
shall, while permitting him to retire, direct that he shall pay the cost to be incurred in
the appointment of a fresh guardian.”
[Vide Notification No. 43/VII-d 29, dated 1st June, 1957.]
12. Course to be followed by minor plaintiff or applicant on attaining majority
(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is
pending shall, on attaining majority, elect whether he will proceed with the suit or
application.
(2) Where he elects to proceed with the suit or application, he shall apply for an order
discharging the next friend and for leave to proceed in his own name.
(3) The title of the suit or application shall in such case be corrected so as to read
henceforth thus:
“A.B., late a minor, by C.D., his next friend, but now having attained majority.”
(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or
sole applicant, apply for an order to dismiss the suit or application on repayment of
the costs incurred by the defendant or opposite party or which may have been paid by
his next friend.
(5) Any application under this rule may be made exparte but no order discharging a
next friend and permitting a minor plaintiff to proceed in his own name shall be made
without notice to the next friend.
13. Where minor co-plaintiff attaining, majority desires to repudiate suit-
(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he
shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he
is not a necessary party shall dismiss him from the suit on such terms as to costs or
otherwise as it thinks fit.
(2) Notice of the application shall be served on the next friend, on any co-plaintiff and
on the defendant.
(3) The costs of all parties of such application, and of all or any proceedings therefore
had in the suit, shall be paid by such persons as the Court directs.
(4) Where the applicant is a necessary party to the suit, the Court may direct him to be
made a defendant.
14. Unreasonable or improper suit
(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in
his name by his next friend be dismissed on the ground that it was unreasonable or
improper.
(2) Notice of the application shall be served on all the parties concerned; and the
Court, upon being satisfied of such unreasonableness or impropriety, grant the
application and order the next friend to pay the costs of all parties in respect of the
application and of anything done in the suit, or make such other order as it thinks fit.
Karnataka.-In Order XXXII, after rule 14, insert the following rule, namely:-
“14A. When a minor defendant attains majority either he or the guardian appointed
for him in the suit or the plaintiff may apply to the Court to declare the said defendant
a major and to discharge the guardian and notice thereof shall be given to such among
them as are not applicants. When the Court by order declares said defendant as major
it shall by the same order discharge the guardian and thereafter the suit shall be
proceeded with against the said defendant as a major.” (w.e.f. 30-3-1967)
Kerala.-In Order XXXII, after rule 14, insert rule 14A which is same as in Madras
with the following modifications:-
(i) add the following as marginal note:-
“Appointment or discharge of a next friend or guardian for the son of a minor to be

performed by Registrar”,
(ii) omit the following words:-
“shall be deemed to be a quasi-judicial act within the meaning of section 128 (2) (i) of
the Code of Civil Procedure and”.
Madras.-In Order XXXII, after rule 14, insert the following rule, namely:-
“14A. The appointment or discharge of a next friend or guardian for the suit of a
minor in a matter pending before the High Court in its appellate jurisdiction, except in
cases under appeal to the [Supreme Court], shall be deemed to be a quasi-judicial act
within the meaning of section 128 (2) (i) of the Code of Civil Procedure and may be
performed by the Registrar, provided that contested applications and applications
presented out of time shall be posted before a Judge for disposal.”
[Vide Dis No. 1601 of 1914.]

1
[15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind
Rules 1 to 14 (except rule 2A) shall, so far as may be, apply to persons adjudged,
before or during the pendency of the suit, to be of unsound mind and shall also apply
to persons who, though not so adjudged, are found by the Court on enquiry to be
incapable, by reason of any mental infirmity, or protecting their interest when suing or
being sued.]
1. Subs. by Act 104 of 1976 for rule 15 (w.e.f. 1-2-1977)

1
[16. Savings
(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or
being sued in the name of his State, or being sued by the direction of the Central
Government in the name of an agent or in any other name.
(2) Nothing contained in this Order shall construed as affecting or in any way
derogating from the provisions of any local law for the time being in force relating to
suits by or against minors or by against lunatics or other persons of unsound mind.]
1. Subs. by Act 104 of 1976 for rule 16 (w.e.f. 1-2-1977)

Short Title, Commencement and Extent: Civil Procedure Code 1908 (CPC)

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Civil Procedure Code 1908 (CPC)

Civil Procedure Code 1908

1. Short title, commencement and extent

(a) the State of Jammu and Kashmir;

(b) the State of Nagaland and the tribal areas.

(1) “Code” includes rules;

(b) any order of dismissal for default.

(6) “foreign judgment” means the judgment of a foreign Court;

(8) “Judge” means the presiding officer of a Civil Court;

(13) “movable property” includes growing crops;

(16) “prescribed” means prescribed by rules :

(a) every Judge;

(b) every member of 2[an All-India Service];

(20) “signed”, save in the case of a judgment or decree, includes stamped.

5. Application of the Code to Revenue Courts

7. Provincial Small Cause Courts.

(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,-

(i) orders for the attachment of immovable property;

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders referred to in clause (e) of section 94],

1. Ins. by Act 4 of 1941, sec. 2 and Sch. III.

8. Presidency Small Cause Courts.

9. Courts to try all civil suits unless barred.

Maharashtra– After section 9 insert the following section 9A.

[Vide Maharashtra Act No. 65 of 1977, sec. 3 (w.e.f. 19-12-1977)].

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

11. Res judicata.

1. Ins. by Act No. 104 of 1976, sec. 6 (w.e.f. 1-2-1977).

12. Bar to further suit.

13. When foreign judgment not conclusive.

(a) where it has not been pronounced by a Court of competent jurisdiction;

(e) where it has been obtained by fraud;

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

14. Presumption as to foreign judgments.

15. Court in which suits to be instituted.

(b) for the partition of immovable property,

(e) for compensation for wrong to immovable property,

Explanation.– In this section “property” means property situate in 1[India].

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

17. Suits for immovable property situate within

19. Suits for compensation for wrongs to person or

20. Other suits to be instituted where defendants reside

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

1. Explanation I omitted by Act No. 104 of 1976, sec. 7 (w.e.f. 1-2-1977).

21. Objections to jurisdiction.

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

1. Ins. by Act No. 104 of 1976, sec. 9 (w.e.f. 1-2-1977).

22. Power to transfer suits which may be instituted in

23. To what Court application lies.

24. General power of transfer and withdrawal.

(i) try or dispose of the same; or

(b) “proceeding” includes a proceeding for the execution of a decree or order.]

deemed to be a Court of Small Causes.