(Updated in 2023) [As amended by Mediation Act, 2023 (Act 32 of 2023) dt. 15/09/2023 - Amendments in Part V sub-heading and Section 89 34 of 2019, Act 12 of 2012, Changes brought by 'Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015' and Act 22 of 2002, Act 46 of 1999] (5 of 1908) [21st Mach, 1908] An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:--

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S.Rule 17 Special directions as to accounts

S.Rule 19 Decree when set-off or counter-claim is allowed

S.Payment under decree

S.Commissions for local investigations

S.Commissions to examine witnesses

S.Appeals from appellate decrees

S.Attachment of Property

S.Courts Executing Decrees

S.Arrest and detention in the civil prison

S.⁹[Adjudication of claims and objections

S.¹[Rule 10A Duty of pleader to communicate to Court death of a party

S.Rule 3B No agreement or compromise to be entered in a representative suit without leave of Court

S.¹[Rule 1 When security for costs may be required from plaintiff

S.¹[Commissions for scientific investigation, performance of ministerial act and sale of movable property

S.Commissions to examine accounts

S.Commissions to make partitions

S.General Provisions

S.¹[Commissions issued at the instance of foreign Tribunals

S.¹[Rule 4 Agent for Government to receive process

S.¹[Rule 5A Government to be joined as a party in a suit against a public officer

S.Rule 5B Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement

S.Rule ⁷⁷[8A No security to be required from Government or a public officer in certain cases

S.Rule 8B Definitions of Government and Government Pleader

S.¹[Rule 8 Appearance under protest

S.¹[Rule 10 Suit against person carrying on business in name other than his own

S.¹[Rule 2A Security to be furnished by next friend when so ordered

S.¹[Rule 15 Rules 1 to 14 (except Rule 2A) to apply to persons of unsound mind

S.¹[Rule 16 Savings

S.^28A[Rule 7 Procedure at hearing

S.¹[Rule 11A Procedure where suit abates

S.¹[Rule 14 Recovery of amount of Court-fees

S.⁴⁰[Rule 15A Grant of time for payment of Court-fee

S.Rule 18 Power of Government to provide for free legal services to indigent persons

S.¹[Rule 6 No appeal from a decree passed under Rule 5

S.⁵²[Rule 1 Courts and classes of suits to which the Order is to apply

S.¹[Rule 3 Procedure for the appearance of defendant

S.Arrest before Judgment

S.Attachment Before Judgment

S.Temporary injunctions

S.Interlocutory Orders

S.¹[Rule 3A Application for condonation of delay

S.Stay of proceedings and of execution

S.Procedure on admission of appeal

S.Procedure on hearing

S.Judgment in appeal

S.Decree in appeal

S.¹[Rule 1A Right to challenge non-appealable orders in appeal against decrees

S.¹[Rule 2 Grant of time for payment of Court-fee

S.¹[Rule 9A Power to dispense with notices in case of deceased parties

S.Rule 10 Power to order further security or payment

S.Rule 11 Effect of the failure to comply with order

S.Rule 12 Refund of balance deposit

S.Rule 13 Powers of Court pending appeal

S.Rule 14 Increase of security found inadequate

S.Rule 15 Procedure to enforce orders of the Supreme Court

S.Rule 16 Appeal from order relating to execution

S.¹[Rule 17 Appeals to Federal Court

S.¹[Rule 4A Reference to High Court under proviso to Section 113

S.Rule 4 Application where rejected

S.Rule 5 Application for review in Court consisting of two or more Judges

S.Rule 6 Application where rejected

S.Rule 7 Order of rejection not appealable. Objections to order granting application

S.Rule 8 Registry of application granted, and order for re-hearing

S.Rule 9 Bar of certain applications

S.Rule 2 Saving in respect of Chartered High Courts

S.Rule 3 Appication of rules

S.Rule 1 Presidency Small Cause Courts

S.1 RULES REGULATING LODGING OF CAVEATS IN THE SUBORDINATE COURTS IN THE STATE

S.(1) Titles of suits

S.DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED

S.APPENDIX B PROCESS

S.APPENDIX C DISCOVERY, INSPECTION AND ADMISSION

S.APPENDIX D DECREES

S.APPENDIX DI FORM OF CAVEAT

S.APPENDIX E EXECUTION

S.APPENDIX F SUPPLEMENTAL PROCEEDINGS

S.APPENDIX G APPEAL, REFERENCE AND REVIEW

S.APPENDIX H MISCELLANEOUS

S.Mediation Act, 2023 All Amendments incorporated at appropriate place

S.2 Definitions

S.3 Subordination of Courts

S.4 Savings

S.5 Application of the Code to Revenue Courts

S.6 Pecuniary jurisdiction

S.7 Provincial Small Cause Courts

S.8 Presidency Small Cause Courts

S.Jurisdiction of the Courts and res judicata

S.Place of Suing

S.Institution of Suits

S.Summons and Discovery

S.Judgment and Decree

S.Interest

S.Costs

S.General

S.Courts by which decrees may be executed

S.Questions to be determined by Court Executing Decree

S.Limit of time for execution

S.Transferees and legal representatives

S.Procedure in execution

S.Arrest and Detention

S.Attachment

S.Sale

S.Delegation to Collector of Power to execute decrees against immovable property

S.Distribution of Assets

S.Resistance to Execution

S.Commissions

S.Suits by or against the Government or public officers in their official capacity

S.³⁹[Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys

S.Suits against Rulers of Former Indian States

S.Interpleader

S.¹[x x x x]

S.Special Case

S.⁴⁹[Public nuisances and other wrongful acts affecting the Public]

S.94 Supplemental proceedings

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

S.Appeals from original decrees

S.Appeals from orders

S.General provisions relating to appeals

S.Appeals to the Supreme Court

S.113 Reference to High Court

S.115 Revision

S.116 Part to apply only to certain High Courts

S.117 Application of Code to High Courts

S.118 Execution of decree before ascertainment of costs

S.119 Unauthorized persons not to address Court

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

S.121 Effect of rules in First Schedule

S.122 Power of certain High Courts to make rules

S.123 Constitution of Rule Committees in certain States

S.124 Committee to report to High Court

S.125 Power of other High Courts to make rules

S.^83D[126 Rules to be subject to approval

S.127 Publication of rules

S.128 Matters for which rules may provide

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

S.^83K[ 130 Power of other High Courts to make rules as to matters other than procedure

S.131 Publication of rules

S.132 Exemption of certain women from personal appearance

S.133 Exemption of other persons

S.134 Arrest other than in execution of decree

S.135 Exemption from arrest under civil process

S.^86A[ 135A Exemption of members of legislative bodies from arrest and detention under civil process

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

S.137 Language of subordinate Courts

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

S.139 Oath on affidavit by whom to be administered

S.140 Assessors in causes of salvage, etc.

S.141 Miscellaneous proceedings

S.142 Orders and notices to be in writing

S.143 Postage

S.144 Application for restitution

S.145 Enforcement of liability of surety

S.146 Proceedings by or against representatives

S.147 Consent or agreement by persons under disability

S.148 Enlargement of time

S.⁹⁴[ 148A Right to lodge a caveat

S.149 Power to make up deficiency of Court-fees

S.150 Transfer of business

S.152 Amendment of judgments, decrees or orders

S.153 General power to amend

S.¹[ 153A Power to amend decree or order where appeal is summarily dismissed

S.153B 1[Place of trial to be deemed to be open Court

S.154 Saving of present right of appeal

S.155 Amendment of certain Acts

S.156 Repeals

S.157 Continuance of orders under repealed enactments

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

S.Issue of summons

S.Service of Summons

S.¹[Rule 14A Address for service of notice

S.Rule 10B 1[Power of appellate Court to transfer suit to the proper Court

S.Documents relied on in plaint

S.¹[Rule 6A Counter-claim by defendant

S.Rule 6C Exclusion of counter-claim

S.Rule 6D Effect of discontinuance of suit

S.Rule 6E Default of plaintiff to reply to counter-claim

S.Rule 6F Relief to defendant where counter-claim succeeds

S.Rule 6G Rules relating to written statement to apply

S.¹[Rule 8A

S.¹[Rule 9 Subsequent pleadings

S.Setting aside decrees ex parte

S.Rule 1B Appearance before the conciliatory forum or authority

S.Rule 1C 1[Appearance before the Court consequent to the failure of efforts of conciliation

S.Rule 22 Using answers to interrogatories at trial

S.Rule 23 Order to apply to minors

S.¹[Rule 5 Power to amend, and strike out issues

S.¹[Rule 7A Summons given to party for service

S.Rule 21 Rules as to witnesses to apply to parties summoned

S.¹⁸[Rule 3A Party to appear before other witnesses

S.¹⁹[Rule 4 Recording of evidence

S.²⁰[Rule 5 How evidence shall be taken in appealable cases

S.²²[Rule 9 When evidence may be taken in English

S.²⁴[Rule 13 Memorandum of evidence in unappealable cases

S.²⁵[Rule 14

S.²⁶[Rule 17A

S.²⁸[Rule 19 Power to get statements recorded on commission

S.²⁹[Rule 1 Judgment when pronounced

S.³⁷[Rule 5A Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders

S.³⁹[Rule 6A Preparation of decree

S.Rule 6B Copies of judgments when to be made available

S.⁴³[Rule 12A Decree for specific performance of contract for the sale or lease of immovable property

S.Mode of Execution

S.Sale Generally

S.Resistance to delivery of possession to decree-holder or purchaser

S.Sale of immovable property

S.Sale of movable property

S.114 Review

S.Process for execution

S.Stay of execution

S.Rule 20 Certified copies of judgment and decree to be furnished

S.Application for execution

S.151 Saving of inherent powers of Court