Code of Civil Procedure, 1908 (CPC)
The Code of Civil Procedure, 1908 (CPC) is the cornerstone of civil litigation in India. Enacted to consolidate and amend the laws relating to the procedure of Courts of Civil Judicature, the CPC provides the entire framework within which civil suits are instituted, tried, and decided. Whether you are a law student, a judiciary aspirant, or a practicing advocate, mastering the CPC is non-negotiable.
This comprehensive guide provides a complete list of all 158 sections of the CPC, arranged systematically by Parts and Chapters. We have also included detailed explanations of the most important sections, internal links to related articles on Barristery.in, and a responsive table for quick reference.
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Table of Contents
The Preliminary part of the CPC establishes the short title, commencement, extent, and fundamental definitions that govern the interpretation of the entire Code. Section 2 contains crucial definitions such as "decree," "judgment," "order," "decree-holder," "judgment-debtor," "legal representative," "mesne profits," and "written statement." These definitions are the building blocks of civil procedure. Section 5 extends the application of the Code to Revenue Courts, while Section 6 clarifies that nothing herein shall be deemed to limit or otherwise affect the jurisdiction of Small Cause Courts.
| Section | Title / Description |
|---|---|
| Sec. 1 | Short title, commencement and extent |
| Sec. 2 | Definitions (Decree, Judgment, Order, etc.) |
| Sec. 3 | Subordination of Courts |
| Sec. 4 | Savings |
| Sec. 5 | Application of the Code to Revenue Courts |
| Sec. 6 | Pecuniary jurisdiction |
| Sec. 7 | Provincial Small Cause Courts |
| Sec. 8 | Presidency Small Cause Courts |
Section 9 is the foundational provision vesting civil courts with jurisdiction to try all suits of a civil nature unless their cognizance is expressly or impliedly barred. Section 10 embodies the doctrine of stay of suit where the matter is previously instituted in a competent court. Section 11 codifies the doctrine of Res Judicata—a matter finally decided cannot be re-agitated between the same parties. Section 13 and 14 deal with the conclusiveness and presumption as to foreign judgments.
These sections determine the territorial jurisdiction of courts. Section 16 mandates that suits for immovable property must be instituted where the property is situated. Section 19 covers suits for compensation for wrongs to person or movables. Section 20 is the residuary provision for suits to be instituted where defendants reside or cause of action arises. Section 21A bars suits to set aside decrees on objections as to place of suing. Section 24 grants the High Court general power to transfer suits.
Section 26 governs the institution of suits. Section 27–32 deal with summons to defendants and witnesses, service of foreign summonses, discovery, and penalties for default. Section 33 defines judgment and decree. Section 34 empowers courts to award interest. Section 35 deals with general costs, while Section 35A provides for compensatory costs in respect of false or vexatious claims or defences, and Section 35B imposes costs for causing delay.
| Section | Title / Description |
|---|---|
| Sec. 9 | Courts to try all civil suits unless barred |
| Sec. 10 | Stay of suit |
| Sec. 11 | Res Judicata |
| Sec. 12 | Bar to further suit |
| Sec. 13 | When foreign judgment not conclusive |
| Sec. 14 | Presumption as to foreign judgments |
| Sec. 15 | Court in which suits to be instituted |
| Sec. 16 | Suits to be instituted where subject-matter situate |
| Sec. 17 | Suits for immovable property within jurisdiction of different Courts |
| Sec. 18 | Place of institution where local limits are uncertain |
| Sec. 19 | Suits for compensation for wrongs to person or movables |
| Sec. 20 | Other suits to be instituted where defendants reside or cause of action arises |
| Sec. 21 | Objections to jurisdiction |
| Sec. 21A | Bar on suit to set aside decree on objection as to place of suing |
| Sec. 22 | Power to transfer suits which may be instituted in more than one Court |
| Sec. 23 | To what Court application lies |
| Sec. 24 | General power of transfer and withdrawal |
| Sec. 24A | Appearance of parties on transfer of suit, etc. |
| Sec. 25 | Power of Supreme Court to transfer suits, etc. [Omitted] |
| Sec. 26 | Institution of suits |
| Sec. 27 | Summons to defendants |
| Sec. 28 | Service of summons where defendant resides in another State [Omitted] |
| Sec. 29 | Service of foreign summonses |
| Sec. 30 | Power to order discovery and the like |
| Sec. 31 | Summons to witness |
| Sec. 32 | Penalty for default |
| Sec. 33 | Judgment and decree |
| Sec. 34 | Interest |
| Sec. 35 | Costs |
| Sec. 35A | Compensatory costs in respect of false or vexatious claims or defences |
| Sec. 35B | Costs for causing delay |
Execution is the enforcement of decrees and orders. Section 36 makes the provisions applicable to orders as well. Section 37 defines the "Court which passed a decree." Section 38 specifies which court may execute a decree. Section 39 allows for the transfer of decrees for execution. Section 47 is extremely important—it deals with questions arising between the parties in execution proceedings. Section 51 enumerates the modes of execution, including delivery of property, attachment and sale, arrest and detention, and appointment of a receiver. Section 56 prohibits the arrest or detention of women in execution of a money decree. Section 60 lists properties liable and not liable to attachment and sale.
| Section | Title / Description |
|---|---|
| Sec. 36 | Application to orders |
| Sec. 37 | Definition of Court which passed a decree |
| Sec. 38 | Court by which decree may be executed |
| Sec. 39 | Transfer of decree |
| Sec. 40 | Transfer of decree to Court in another State [Omitted] |
| Sec. 41 | Result of execution proceedings to be certified |
| Sec. 42 | Powers of Court in executing transferred decree |
| Sec. 43 | Execution of decrees passed by British Courts in foreign territory |
| Sec. 44 | Execution of decrees passed by Courts in foreign territory [Omitted] |
| Sec. 44A | Execution of decrees passed by Courts in reciprocating territory |
| Sec. 45 | Execution of decrees outside India |
| Sec. 46 | Precepts |
| Sec. 47 | Questions to be determined by the Court executing a decree |
| Sec. 48 | Execution barred in certain cases [Repealed] |
| Sec. 49 | Transferee of rights in property not liable to execution |
| Sec. 50 | Legal representative of judgment-debtor bound by decree |
| Sec. 51 | Modes of execution |
| Sec. 52 | Enforcement of decree against legal representative |
| Sec. 53 | Liability of ancestral property for decree against father, etc. |
| Sec. 54 | Partition of estate or separation of share |
| Sec. 55 | Arrest and detention in execution of decree for payment of money |
| Sec. 56 | Prohibition of arrest or detention of women |
| Sec. 57 | Subsistence allowance |
| Sec. 58 | Detention and release |
| Sec. 59 | Release on ground of illness |
| Sec. 60 | Property liable and not liable to attachment and sale |
| Sec. 61 | Partial exemption of agricultural produce |
| Sec. 62 | Seizure of property in dwelling-house |
| Sec. 63 | Property attached in execution of decrees of several Courts |
| Sec. 64 | Private alienation of property after attachment to be void |
| Sec. 65 | Purchaser's title |
| Sec. 66 | Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff |
| Sec. 67 | Power for State Government to make rules as to sales of land in execution of decrees |
| Sec. 68 | Power to delegate to Collector power to execute decrees against immovable property |
| Sec. 69 | Execution of decrees by Collectors |
| Sec. 70 | Collector's powers in executing decrees |
| Sec. 71 | Application of sections 69 and 70 [Repealed] |
| Sec. 72 | Procedure in case of money decree against a Collector |
| Sec. 73 | Proceeds of execution sale to be rateably distributed |
| Sec. 74 | Resistance to execution |
This Part deals with Commissions issued by the Court. Section 75 empowers the Court to issue commissions for examination of witnesses, local investigations, performance of ministerial acts, and scientific investigations. Section 76 deals with commissions to another Court, while Section 77 covers letters of request to foreign Courts. Section 78 provides for commissions issued by foreign Courts.
| Section | Title / Description |
|---|---|
| Sec. 75 | Power of Court to issue commissions |
| Sec. 76 | Commission to another Court |
| Sec. 77 | Letter of request |
| Sec. 78 | Commissions issued by foreign Courts |
This Part contains special provisions for specific categories of litigants. Section 79 to 82 deal with suits by or against the Government or public officers in their official capacity, including the mandatory notice period. Section 83 to 87A govern suits by aliens and by or against foreign Rulers, Ambassadors, and Envoys—providing them with special immunity and procedural protections. Section 88 provides for interpleader suits where a person claims property from two or more parties.
| Section | Title / Description |
|---|---|
| Sec. 79 | Suits by or against Government |
| Sec. 80 | Notice before suit against Government or public officer |
| Sec. 81 | Exemption from arrest and personal appearance |
| Sec. 82 | Execution of decree against Government |
| Sec. 83 | When aliens may sue |
| Sec. 84 | When foreign States may sue |
| Sec. 85 | Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers |
| Sec. 86 | Suits against foreign Rulers, Ambassadors and Envoys |
| Sec. 87 | Style of foreign Rulers as parties to suits |
| Sec. 87A | Definitions of "foreign State" and "Ruler" |
| Sec. 87B | Application of sections 85 and 86 to Rulers of former Indian States |
| Sec. 88 | Where interpleader suit may be instituted |
Section 89 is a landmark provision encouraging Alternative Dispute Resolution (ADR). It mandates that where it appears to the Court that there exist elements of a settlement, the Court shall formulate the terms of settlement and refer the parties to arbitration, conciliation, judicial settlement, Lok Adalat, or mediation. Section 90 allows parties to state a special case for the opinion of the Court. Section 91 and 92 deal with public nuisances and public charities, empowering the Advocate-General to institute suits in such matters.
| Section | Title / Description |
|---|---|
| Sec. 89 | Settlement of disputes outside the Court (ADR) |
| Sec. 90 | Power to state case for opinion of Court |
| Sec. 91 | Public nuisances and other wrongful acts affecting the public |
| Sec. 92 | Public charities |
| Sec. 93 | Exercise of powers of Advocate-General outside Presidency-towns |
Section 94 empowers the Court to issue supplemental orders including arrest, attachment before judgment, temporary injunctions, appointment of receivers, and other interlocutory orders necessary for the ends of justice. Section 95 provides for compensation in cases where an order for arrest or attachment before judgment has been obtained on insufficient grounds.
| Section | Title / Description |
|---|---|
| Sec. 94 | Supplemental proceedings (Arrest, Attachment, Injunction, Receiver) |
| Sec. 95 | Compensation for obtaining arrest, attachment, or injunction on insufficient grounds |
The Appeals Part is one of the most heavily litigated areas of the CPC. Section 96 provides for appeals from original decrees. Section 100 governs second appeals to the High Court on substantial questions of law. Section 104 deals with appeals from orders. Section 109 provides for appeals to the Supreme Court. Section 110 [Repealed] previously dealt with value limits for Supreme Court appeals. Section 112 saves the rights of the Federal Court and Privy Council. Section 100A bars further appeals from Single Judge decisions of the High Court.
| Section | Title / Description |
|---|---|
| Sec. 96 | Appeal from original decree |
| Sec. 97 | Appeal from final decree where preliminary decree appealed from |
| Sec. 98 | Decision where appeal heard by two or more Judges |
| Sec. 99 | No decree to be reversed or modified for error or irregularity not affecting merits |
| Sec. 99A | Appeal against decree in a suit for recovery of money [Repealed] |
| Sec. 100 | Second appeal on substantial question of law |
| Sec. 100A | No further appeal in certain cases (Single Judge of High Court) |
| Sec. 101 | Second appeal on no other grounds |
| Sec. 102 | No second appeal in certain cases (subject matter not exceeding Rs. 25,000) |
| Sec. 103 | Power of High Court to determine issues of fact |
| Sec. 104 | Orders from which appeal lies |
| Sec. 105 | Other orders |
| Sec. 106 | What Courts to hear appeals |
| Sec. 107 | Powers of Appellate Court |
| Sec. 108 | Procedure in appeals from appellate decrees and orders |
| Sec. 109 | When appeals lie to the Supreme Court |
| Sec. 110 | Value of subject-matter [Repealed] |
| Sec. 111 | Reference to the Federal Court [Repealed] |
| Sec. 111A | Reference to High Court [Omitted] |
| Sec. 112 | Savings |
Section 113 empowers the subordinate Court to refer a case to the High Court when a question of law is involved. Section 114 provides for review of judgments by the Court that passed the decree. Section 115 is the provision for Revision, granting the High Court the power to call for the record of any case decided by a subordinate Court and revise it if the lower court has acted illegally, with material irregularity, or exercised jurisdiction not vested in it. Note that the scope of Section 115 was significantly curtailed by the Amendment Act of 1999.
| Section | Title / Description |
|---|---|
| Sec. 113 | Reference to High Court |
| Sec. 114 | Review |
| Sec. 115 | Revision (High Court's revisional jurisdiction) |
This Part contains provisions specific to Chartered High Courts (Calcutta, Madras, and Bombay). Section 120 to 131 deal with the application of the Code to these High Courts, their original civil jurisdiction, and the procedure to be followed. These provisions recognize the unique historical position and original jurisdiction of these three High Courts.
| Section | Title / Description |
|---|---|
| Sec. 120 | Application of Code to High Courts |
| Sec. 121 | Effect of substitution of Code on powers of High Court |
| Sec. 122 | Transfer of certain cases from High Court to other Court |
| Sec. 123 | Provision for case in which no Judge of High Court has jurisdiction |
| Sec. 124 | Power of High Court to transfer suits to subordinate Courts |
| Sec. 125 | Mode of transfer |
| Sec. 126 | Procedure where High Court considers that suit should be tried by Court of Small Causes |
| Sec. 127 | Provision as to other powers of High Court |
| Sec. 128 | Proceedings in lunacy [Repealed] |
| Sec. 129 | Transfer of business between Chartered High Courts |
| Sec. 130 | Power of other High Courts to make rules as to matters in First Schedule |
| Sec. 131 | Exclusion of time from suit in the High Court |
The final Part contains miscellaneous but vital provisions. Section 132–133 provide exemptions from personal appearance for certain women and other persons. Section 135 and 135A grant exemption from arrest under civil process to members of legislative bodies. Section 144 is the famous Restitution section—when a decree is reversed, the Court may place the parties in the position they would have been in had the decree not been passed. Section 148 allows for enlargement of time. Section 148A provides the Right to Lodge a Caveat. Section 151 is the legendary Saving of Inherent Powers—nothing in the Code limits the Court's power to make orders necessary for the ends of justice. Section 152 allows amendment of judgments for clerical mistakes.
| Section | Title / Description |
|---|---|
| Sec. 132 | Exemption of certain women from personal appearance |
| Sec. 133 | Exemption of other persons |
| Sec. 134 | Arrest other than in execution of decree |
| Sec. 135 | Exemption from arrest under civil process |
| Sec. 135A | Exemption of members of legislative bodies from arrest and detention |
| Sec. 136 | Procedure where person to be arrested or property to be attached is outside district |
| Sec. 137 | Language of subordinate Courts |
| Sec. 138 | Power of High Court to require evidence to be recorded in English |
| Sec. 139 | Oath on affidavit by whom to be administered |
| Sec. 140 | Assessors in causes of salvage, etc. |
| Sec. 141 | Miscellaneous proceedings |
| Sec. 142 | Orders and notices to be in writing |
| Sec. 143 | Postage |
| Sec. 144 | Application for restitution |
| Sec. 145 | Enforcement of liability of surety |
| Sec. 146 | Proceedings by or against representatives |
| Sec. 147 | Consent or agreement by persons under disability |
| Sec. 148 | Enlargement of time |
| Sec. 148A | Right to lodge a caveat |
| Sec. 149 | Power to make up deficiency of Court-fees |
| Sec. 150 | Transfer of business |
| Sec. 151 | Saving of inherent powers of Court |
| Sec. 152 | Amendment of judgments, decrees or orders |
| Sec. 153 | General power to amend |
| Sec. 153A | Power to amend decree or order where appeal is summarily dismissed |
| Sec. 153B | Place of trial to be deemed to be open Court |
| Sec. 154 | Repealed |
| Sec. 155 | Repealed |
| Sec. 156 | Repealed |
| Sec. 157 | Continuance of orders under repealed enactments |
| Sec. 158 | Reference to Code of Civil Procedure and other repealed enactments |
Section 9 — Courts to Try All Civil Suits Unless Barred
This is the jurisdictional foundation of civil courts. It vests every civil court with the authority to try all suits of a civil nature, provided the cognizance is not expressly or impliedly barred. The phrase "civil nature" has been interpreted broadly by the Supreme Court to include any suit where the principal question is one affecting civil rights. This section ensures that no person is denied access to civil justice unless Parliament or the Legislature has specifically barred the remedy.
Section 11 — Res Judicata
Derived from the maxim "Nemo debet bis vexari pro una et eadem causa" (no man should be vexed twice for the same cause), Section 11 prevents the same parties from re-litigating a matter that has already been finally decided by a competent court. The doctrine requires: (1) The matter must have been directly and substantially in issue; (2) The parties must be the same; (3) The court must have been competent to try the suit; and (4) The matter must have been heard and finally decided. This section is the backbone of judicial economy and finality.
Section 16 — Suits for Immovable Property
This section establishes the lex situs principle for immovable property. Suits for recovery, partition, foreclosure, sale, or redemption of immovable property must be instituted in the court within whose jurisdiction the property is situated. This ensures that local courts with knowledge of land records and local conditions adjudicate property disputes.
Section 47 — Questions in Execution Proceedings
All questions arising between the parties to the suit in which the decree was passed, or their representatives, relating to the execution, discharge, or satisfaction of the decree, shall be determined by the Court executing the decree. This prevents multiplicity of proceedings and ensures that execution courts have comprehensive jurisdiction over ancillary matters.
Section 60 — Property Liable to Attachment and Sale
This section lists the properties that are attachable and saleable in execution of a money decree, and more importantly, the properties that are exempt. Essential items like wearing apparel, tools of artisans, houses of agriculturists, and a portion of salary are protected. This balances the creditor's right to recovery with the judgment-debtor's right to livelihood and dignity.
Section 89 — Settlement of Disputes Outside Court (ADR)
Inserted to reduce the burden on courts, this section mandates that where elements of settlement exist, the Court shall formulate terms and refer parties to arbitration, conciliation, judicial settlement, Lok Adalat, or mediation. This provision aligns with the modern emphasis on ADR mechanisms and has been strengthened by subsequent amendments and the Mediation Act, 2023.
Section 100 — Second Appeal
A second appeal lies to the High Court only if the case involves a substantial question of law. The High Court must formulate the question, and the appeal is heard on that question. This provision prevents frivolous second appeals and ensures that the High Court's time is devoted to matters of legal significance.
Section 115 — Revision
The High Court may call for the record of any case decided by a subordinate court where no appeal lies, if the court has: (a) exercised jurisdiction not vested in it, (b) failed to exercise jurisdiction so vested, or (c) acted illegally or with material irregularity in the exercise of its jurisdiction. Post-1999 amendments, the scope is limited and does not extend to pure findings of fact.
Section 144 — Restitution
When a decree is varied, reversed, set aside, or modified, the Court may order restitution—placing the parties in the position they would have occupied but for the decree. This equitable remedy ensures that no party suffers unjust enrichment due to a subsequently overturned judgment.
Section 148A — Right to Lodge a Caveat
A caveat is a preventive measure filed by a person who expects an application to be made against them in a suit. The caveator must serve notice on the expected applicant. Once a caveat is lodged, the Court must serve notice on the caveator before passing any ex-parte order. The caveat remains in force for 90 days. This is a crucial tool for preventing surprise ex-parte injunctions.
Section 151 — Saving of Inherent Powers
Often called the "safety valve" of the CPC, Section 151 preserves the Court's inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. This power cannot be invoked if the Code expressly provides a remedy, but it fills gaps where the Code is silent.
The First Schedule of the CPC contains 51 Orders and numerous Rules that provide the detailed procedural mechanics for civil suits. While the Sections provide the substantive law, the Orders and Rules provide the step-by-step procedure. Here are the most important Orders:
| Order | Subject Matter |
|---|---|
| Order I | Parties to Suits |
| Order II | Frame of Suit |
| Order IV | Institution of Suits |
| Order V | Issue and Service of Summons |
| Order VI | Pleadings Generally |
| Order VII | Plaint |
| Order VIII | Written Statement, Set-off and Counter-claim |
| Order IX | Appearance of Parties and Consequence of Non-appearance |
| Order X | Examination of Parties by the Court |
| Order XI | Discovery and Inspection |
| Order XII | Admissions |
| Order XIII | Production, Impounding and Return of Documents |
| Order XIV | Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon |
| Order XV | Disposal of the Suit at the First Hearing |
| Order XVI | Summoning and Attendance of Witnesses |
| Order XVII | Adjournments |
| Order XVIII | Hearing of the Suit and Examination of Witnesses |
| Order XIX | Affidavits |
| Order XX | Judgment and Decree |
| Order XXI | Execution of Decrees and Orders |
| Order XXII | Death, Marriage and Insolvency of Parties |
| Order XXIII | Withdrawal and Adjustment of Suits |
| Order XXXVIII | Arrest and Attachment Before Judgment |
| Order XXXIX | Temporary Injunctions and Interlocutory Orders |
| Order XL | Appointment of Receivers |
| Order XLI | Appeals from Original Decrees |
| Order XLII | Appeals from Appellate Decrees |
| Order XLIII | Appeals from Orders |
| Order XLVII | Review |
The Code of Civil Procedure, 1908 remains the most critical procedural statute for civil litigation in India. With its 158 Sections, 51 Orders, and Appendices, it provides a comprehensive framework for the administration of civil justice. From the initial institution of a suit under Section 26 to the final execution under Order XXI, and from the doctrine of Res Judicata (Section 11) to the inherent powers under Section 151, the CPC is a living document that continues to evolve through judicial interpretation and legislative amendment.
For judiciary aspirants, a thorough understanding of Sections 9, 10, 11, 16, 20, 21A, 47, 51, 60, 89, 96, 100, 104, 115, 144, 148A, and 151 is absolutely essential. For litigating lawyers, mastery of Order XXI (Execution), Order XXXIX (Injunctions), and Order XLI (Appeals) is indispensable.
We hope this comprehensive guide serves as your definitive reference for the CPC. For more legal resources, Bare Acts, and exam preparation guides, explore Barristery.in — your trusted companion in the journey of law.
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