Code of Civil Procedure, 1908

Contents

Preliminary

• Section 1 – Short title, commencement and extent
• Section 2 – Definitions
• Section 3 – Subordination of Courts
• Section 4 – Savings
• Section 5 – Application of the Code to Revenue Courts
• Section 6 – Pecuniary jurisdiction
• Section 7 – Provincial Small Cause Courts
• Section 8 – Presidency Small Cause Courts

Part I — Suits In General

• Section 9 – Courts to try all civil suits unless barred
• Section 10 – Stay of suit
• Section 11 – Res judicata
• Section 12 – Bar to further suit
• Section 13 – When foreign judgment not conclusive
• Section 14 – Presumption as to foreign judgments
• Section 15 – Court in which suits to be instituted
• Section 16 – Suits to be instituted where subject-matter situate
• Section 17 – Suits for immovable property situate within jurisdiction of different Courts
• Section 18 – Place of institution of suit where local limits of jurisdiction of Courts are uncertain
• Section 19 – Suits for compensation for wrongs to person or movables
• Section 20 – Other suits to be instituted where defendants reside or cause of action arises
• Section 21 – Objections to jurisdiction
• Section 21A – Baron suit to set aside decree on objection as to place of suing
• Section 22 – Power to transfer suits which may be instituted in more than one Court
• Section 23 – To what Court application lies
• Section 24 – General power of transfer and withdrawal
• Section 25 – Power of Supreme Court to transfer suits, etc
• Section 26 – Institution of suits
• Section 27 – Summons to defendants
• Section 28 – Service of summons where defendant resides in another State
• Section 29 – Service of foreign summonses
• Section 30 – Power to order discovery and the like
• Section 31 – Summons to witness
• Section 32 – Penalty for default
• Section 33 – Judgment and decree
• Section 34 – Interest
• Section 35 – Costs
• Section 35A – Compensatory costs in respect of false or vexatious claims or defences
• Section 35B – Costs for causing delay

Part XI — Miscellaneous

• Section 36 – Application to orders
• Section 132 – Exemption of certain women from personal appearance
• Section 133 – Exemption of other persons
• Section 134 – Arrest other than in execution of decree
• Section 135 – Exemption from arrest under civil process
• Section 135A – Exemption of members of legislative bodies from arrest and detention under civil process
• Section 136 – Procedure where person to be arrested or property to be attached is out side district
• Section 137 – Language of subordinate Courts
• Section 138 – Power of High Court to require evidence to be recorded in English
• Section 139 – Oath on affidavit by whom to be administered
• Section 140 – Assessors in causes of salvage, etc
• Section 141 – Miscellaneous proceedings
• Section 142 – Orders and notices to be in writing
• Section 143 – Postage
• Section 144 – Application for restitution
• Section 145 – Enforcement of liability of surety
• Section 146 – Proceedings by or against representatives
• Section 147 – Consent or agreement by persons under disability
• Section 148 – Enlargement of time
• Section 148A – Right to lodge a caveat
• Section 149 – Power to make up deficiency of court-fees
• Section 150 – Transfer of business
• Section 151 – Saving of inherent powers of Court
• Section 152 – Amendment of judgments, decrees or orders
• Section 153 – General power to amend
• Section 153A – Power to amend decree or order where appeal is summarily dismissed
• Section 153B – Place of trial to be deemed to be open Court
• Section 154 – [Repealed.]
• Section 155 – [Repealed.]
• Section 156 – [Repealed.]
• Section 157 – Continuance of orders under repealed enactments
• Section 158 – Reference to Code of Civil Procedure and other repealed enactments

Part II — Execution General

• Section 37 – Definition of Court which passed a decree
• Section 38 – Court by which decree may be executed
• Section 39 – Transfer of decree
• Section 40 – Transfer of decree to Court in another State
• Section 41 – Result of execution proceedings to be certified
• Section 42 – Powers of Court in executing transferred decree
• Section 43 – Execution of decrees passed by Civil Courts in places to which this Code does not extend
• Section 44 – Execution of decrees passed by Revenue Courts in places to which this Code does not extend
• Section 44A – Execution of decrees passed by Courts in reciprocating territory
• Section 45 – Execution of decrees outside India
• Section 46 – Precepts
• Section 47 – Questions to be determined by the Court executing decree
• Section 48 – [Repealed.]
• Section 49 – Transferee
• Section 50 – Legal representative
• Section 51 – Powers of Court to enforce execution
• Section 52 – Enforcement of decree against legal representative
• Section 53 – Liability of ancestral property
• Section 54 – Partition of estate or separation of share
• Section 55 – Arrest and detention
• Section 56 – Prohibition of arrest or detention of women in execution of decree for money
• Section 57 – Subsistence-allowance
• Section 58 – Detention and release
• Section 59 – Release on ground of illness
• Section 60 – Property liable to attachment and sale in execution of decree
• Section 61 – Partial exemption of agricultural produce
• Section 62 – Seizure of property in dwelling-house
• Section 63 – Property attached in execution of decrees of several Courts
• Section 64 – Private alienation of property after attachment to be void
• Section 65 – Purchaser's title
• Section 66 – [Repealed.]
• Section 67 – Power for State Government to make rules as to sales of land in execution of decrees for payment of money
• Section 68 – [Repealed.]
• Section 69 – [Repealed.]
• Section 70 – [Repealed.]
• Section 71 – [Repealed.]
• Section 72 – [Repealed.]
• Section 73 – Proceeds of execution sale to be rateably distributed among decree-holders
• Section 74 – Resistance to execution

Part III — Incidental Proceedings Commissions

• Section 75 – Power of Court to issue commissions
• Section 76 – Commission to another Court
• Section 77 – Letter of request
• Section 78 – Commissions issued by foreign Courts

Part IV — Suits In Particular Cases Suits By Or Against The Government Or Public Officers In Their Official Capacity

• Section 79 – Suits by or against Government
• Section 80 – Notice
• Section 81 – Exemption from arrest and personal appearance
• Section 82 – Execution of decree
• Section 83 – When aliens may sue
• Section 84 – When foreign States may sue
• Section 85 – Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
• Section 86 – Suits against foreign Rulers, Ambassadors and Envoys
• Section 87 – Style of foreign Rulers as parties to suits
• Section 87A – Definitions of foreign State and Ruler
• Section 87B – Application of sections 85 and 86 to Rulers of former Indian States
• Section 88 – Where interpleader-suit may be instituted

Part V — Special Proceedings Arbitration

• Section 89 – Settlement of disputes outside the Court
• Section 90 – Power to state case for opinion of Court
• Section 91 – Public nuisances and other wrongful acts affecting the public
• Section 92 – Public charities
• Section 93 – Exercise of powers of Advocate-General outside presidency-towns

Part VI — Supplemental Proceedings

• Section 94 – Supplemental proceedings
• Section 95 – Compensation for obtaining arrest, attachment or injunction on insufficient ground

Part VII — Appeals Appeals From Original Decrees

• Section 96 – Appeal from original decree
• Section 97 – Appeal from final decree where no appeal from preliminary decree
• Section 98 – Decision where appeal heard by two or more Judges
• Section 99 – No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction
• Section 99A – No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected
• Section 100 – Second appeal
• Section 100A – No further appeal in certain cases
• Section 101 – Second appeal on no other grounds
• Section 102 – No second appeal in certain cases
• Section 103 – Power of High Court to determine issue of fact
• Section 104 – Orders from which appeal lies
• Section 105 – Other orders
• Section 106 – What Courts to hear appeals
• Section 107 – Powers of Appellate Court
• Section 108 – Procedure in appeals from appellate decrees and orders
• Section 109 – When appeals lie to the Supreme Court
• Section 110 – [Omitted.]
• Section 111 – [Omitted.]
• Section 111A – [Omitted.]
• Section 112 – Savings

Part VIII — Reference, Review And Revision

• Section 113 – Reference to High Court
• Section 114 – Review
• Section 115 – Revision

Part IX — Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

• Section 116 – Part to apply only to certain High Courts
• Section 117 – Application of Code to High Courts
• Section 118 – Execution of decree before ascertainment of costs
• Section 119 – Unauthorised persons not to address Court
• Section 120 – Provisions not applicable to High Court in original civil jurisdiction

Part X — Rules

• Section 121 – Effect of rules in First Schedule
• Section 122 – Power of certain High Courts to make rules
• Section 123 – Constitution of Rule Committees in certain States
• Section 124 – Committee to report to High Court
• Section 125 – Power of other High Courts to make rules
• Section 126 – Rules to be subject to approval
• Section 127 – Publication of rules
• Section 128 – Matters for which rules may provide
• Section 129 – Power of High Courts to make rules as to their original Civil procedure
• Section 130 – Power of other High Courts to make rules as to matters other than procedure
• Section 131 – Publication of rules

First Schedule — Order I: Parties to Suits

• Order 1 Rule 1 – Who may be joined as plaintiffs
• Order 1 Rule 2 – Power of Court to order separate trial
• Order 1 Rule 3 – Who may be joined as defendants
• Order 1 Rule 3A – Power to order separate trials where joinder of defendants may embarrass or delay trial
• Order 1 Rule 4 – Court may give judgment for or against one or more of joint parties
• Order 1 Rule 5 – Defendant need not be interested in all the relief claimed
• Order 1 Rule 6 – Joinder of parties liable on same contract
• Order 1 Rule 7 – When plaintiff in doubt from whom redress is to be sought
• Order 1 Rule 8 – One person may sue or defend on behalf of all in same interest
• Order 1 Rule 8A – Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings
• Order 1 Rule 9 – Misjoinder and non-joinder
• Order 1 Rule 10 – Suit in name of wrong plaintiff
• Order 1 Rule 10A – Power of Court to request any pleader to address it
• Order 1 Rule 11 – Conduct of suit
• Order 1 Rule 12 – Appearance of one of several plaintiffs or defendants for others
• Order 1 Rule 13 – Objections as to non-joinder or misjoinder

First Schedule — Order II: Frame of Suit

• Order 2 Rule 1 – Frame of suit
• Order 2 Rule 2 – Suit to include the whole claim
• Order 2 Rule 3 – Joinder of causes of action
• Order 2 Rule 4 – Only certain claims to be joined for recovery of immovable property
• Order 2 Rule 5 – Claims by or against executor, administrator or heir
• Order 2 Rule 6 – Power of Court to order separate trials
• Order 2 Rule 7 – Objections as to misjoinder

First Schedule — Order III: Recognized Agents and Pleaders

• Order 3 Rule 1 – Appearances, etc., may be in person, by recognized agent or by pleader
• Order 3 Rule 2 – Recognized agents
• Order 3 Rule 3 – Service of process on recognized agent
• Order 3 Rule 4 – Appointment of pleader
• Order 3 Rule 5 – Service of process on pleader
• Order 3 Rule 6 – Agent to accept service

First Schedule — Order IV: Institution of Suits

• Order 4 Rule 1 – Suit to be commenced by plaint
• Order 4 Rule 2 – Register of suits

First Schedule — Order V: Issue and Service of Summons

• Order 5 Rule 1 – Summons
• Order 5 Rule 2 – Copy of plaint annexed to summons
• Order 5 Rule 3 – Court may order defendant or plaintiff to appear in person
• Order 5 Rule 4 – No party to be ordered to appear in person unless resident within certain limits
• Order 5 Rule 5 – Summons to be either to settle issues or for final disposal
• Order 5 Rule 6 – Fixing day for appearance of defendant
• Order 5 Rule 7 – Summons to order defendant to produce documents relied on by him
• Order 5 Rule 8 – On issue of summons for final disposal, defendant to be directed to produce his witnesses
• Order 5 Rule 9 – Delivery of summons by Court
• Order 5 Rule 9A – Summons given to the plaintiff for service
• Order 5 Rule 10 – Mode of service
• Order 5 Rule 11 – Service on several defendants
• Order 5 Rule 12 – Service to be on defendant in person when practicable, or on his agent
• Order 5 Rule 13 – Service on agent by whom defendant carries on business
• Order 5 Rule 14 – Service on agent in charge in suits for immovable property
• Order 5 Rule 15 – Where service may be on an adult member of defendant’s family
• Order 5 Rule 16 – Person served to sign acknowledgment
• Order 5 Rule 17 – Procedure when defendant refuses to accept service, or cannot be found
• Order 5 Rule 18 – Endorsement of time and manner of service
• Order 5 Rule 19 – Examination of serving officer
• Order 5 Rule 19A – Simultaneous issue of summons for service by post in addition to personal service
• Order 5 Rule 20 – Substituted service
• Order 5 Rule 20A – Repealed
• Order 5 Rule 21 – Service of summons where defendant resides within jurisdiction of another Court
• Order 5 Rule 22 – Service within presidency-towns of summons issued by Courts outside
• Order 5 Rule 23 – Duty of Court to which summons is sent
• Order 5 Rule 24 – Service on defendant in prison
• Order 5 Rule 25 – Service where defendant resides out of India and has no agent
• Order 5 Rule 26 – Service in foreign territory through Political Agent or Court
• Order 5 Rule 26A – Summonses to be sent to officers to foreign countries
• Order 5 Rule 27 – Service on civil public officer or on servant of railway company or local authority
• Order 5 Rule 28 – Service on soldiers, sailors or airmen
• Order 5 Rule 29 – Duty of person to whom summons is delivered or sent for service
• Order 5 Rule 30 – Substitution of letter for summons

First Schedule — Order VI: Pleadings Generally

• Order 6 Rule 1 – Pleading
• Order 6 Rule 2 – Pleading to state material facts and not evidence
• Order 6 Rule 3 – Forms of pleading
• Order 6 Rule 4 – Particulars to be given where necessary
• Order 6 Rule 5 – Further and better statement, or particulars
• Order 6 Rule 6 – Condition precedent
• Order 6 Rule 7 – Departure
• Order 6 Rule 8 – Denial of contract
• Order 6 Rule 9 – Effect of document to be stated
• Order 6 Rule 10 – Malice, knowledge, etc
• Order 6 Rule 11 – Notice
• Order 6 Rule 12 – Implied contract, or relation
• Order 6 Rule 13 – Presumptions of law
• Order 6 Rule 14 – Pleading to be signed
• Order 6 Rule 14A – Address for service of notice
• Order 6 Rule 15 – Verification of pleadings
• Order 6 Rule 16 – Striking out pleadings
• Order 6 Rule 17 – Amendment of pleadings
• Order 6 Rule 18 – Failure to amend after Order

First Schedule — Order VII: Plaint

• Order 7 Rule 1 – Particulars to be contained in plaint
• Order 7 Rule 2 – In money suits
• Order 7 Rule 3 – Where the subject-matter of the suit is immovable property
• Order 7 Rule 4 – When plaintiff sues as representative
• Order 7 Rule 5 – Defendant’s interest and liability to be shown
• Order 7 Rule 6 – Grounds of exemption from limitation law
• Order 7 Rule 7 – Relief to be specifically stated
• Order 7 Rule 8 – Relief founded on separate grounds
• Order 7 Rule 9 – Procedure on admitting plaint
• Order 7 Rule 10 – Return of plaint
• Order 7 Rule 10A – Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return
• Order 7 Rule 10B – Power of appellate Court to transfer suit to the proper Court
• Order 7 Rule 11 – Rejection of plaint
• Order 7 Rule 12 – Procedure on rejecting plaint
• Order 7 Rule 13 – Where rejection of plaint does not preclude presentation of fresh plaint
• Order 7 Rule 14 – Production of document on which plaintiff sues or relies
• Order 7 Rule 15 – Statement in case of documents not in plaintiff’s possession or powers
• Order 7 Rule 16 – Suits on lost negotiable instruments
• Order 7 Rule 17 – Production of shop-book
• Order 7 Rule 18 – Inadmissibility of document not produced when plaint filed

First Schedule — Order VIII: Written Statement, Set-Off and Counter Claim

• Order 8 Rule 1 – Written Statement
• Order 8 Rule 1A – Duty of defendant to produce documents upon which relief is claimed or relied upon by him
• Order 8 Rule 2 – New facts must be specially pleaded
• Order 8 Rule 3 – Denial to be specific
• Order 8 Rule 4 – Evasive-denial
• Order 8 Rule 5 – Specific denial
• Order 8 Rule 6 – Particulars of set-off to be given in written statement
• Order 8 Rule 6A – Counter-claim by defendant
• Order 8 Rule 6B – Counter-claim to be stated
• Order 8 Rule 6C – Exclusion of counter-claim
• Order 8 Rule 6D – Effect of discontinuance of suit
• Order 8 Rule 6E – Default of plaintiff to reply to counter-claim
• Order 8 Rule 6F – Relief to defendant where counter-claim succeeds
• Order 8 Rule 6G – Rules relating to written statement to apply
• Order 8 Rule 7 – Defence or set-off founded upon separate grounds
• Order 8 Rule 8 – New ground of defence
• Order 8 Rule 8A – Duty of defendant to produce documents upon which relief is claimed by him
• Order 8 Rule 9 – Subsequent pleadings
• Order 8 Rule 10 – Procedure when party fails to present written statement called for by Court

First Schedule — Order IX: Appearance of Parties and Consequence of Non-Appearance

• Order 9 Rule 1 – Parties to appear on day fixed in summons for defendant to appear and answer
• Order 9 Rule 2 – Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs
• Order 9 Rule 3 – Where neither party appears suit to be dismissed
• Order 9 Rule 4 – Plaintiff may bring fresh suit or Court may restore suit to file
• Order 9 Rule 5 – Dismissal of suit where plaintiff after summons returned unserved, fails for [seven days] to apply for fresh summons
• Order 9 Rule 6 – Procedure when only plaintiff appears
• Order 9 Rule 7 – Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
• Order 9 Rule 8 – Procedure where defendant only appears
• Order 9 Rule 9 – Decree against plaintiff by default bars fresh suit
• Order 9 Rule 10 – Procedure in case of non-attendance of one or more of several plaintiff’s
• Order 9 Rule 11 – Procedure in case of non-attendance of one or more of several defendants
• Order 9 Rule 12 – Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
• Order 9 Rule 13 – Setting aside decree ex parte against defendant
• Order 9 Rule 14 – No decree to be set aside without notice to opposite party

First Schedule — Order X: Examination of Parties by the Court

• Order 10 Rule 1 – Ascertainment whether allegations in pleadings are admitted or denied
• Order 10 Rule 1A – Direction of the court to opt for any one mode of alternative dispute resolution
• Order 10 Rule 1B – Appearance before the conciliatory forum or authority
• Order 10 Rule 1C – Appearance before the court consequent to the failure of efforts of conciliation
• Order 10 Rule 2 – Oral examination of party, or companion of party
• Order 10 Rule 3 – Substance of examination to be written
• Order 10 Rule 4 – Consequence of refusal or inability of pleader to answer

First Schedule — Order XI (Commercial Division): Disclosure, Discovery and Inspection of Documents in Suits before the Commercial Division of a High Court or a Commercial Court (Commercial Courts Act, 2015)

• Order 11 (Commercial) Rule 1 – Disclosure and discovery of documents
• Order 11 (Commercial) Rule 2 – Discovery by interrogatories
• Order 11 (Commercial) Rule 3 – Inspection
• Order 11 (Commercial) Rule 4 – Admission and denial of documents
• Order 11 (Commercial) Rule 5 – Production of documents
• Order 11 (Commercial) Rule 6 – Electronic records
• Order 11 (Commercial) Rule 7 – Certain provisions of the Code of Civil Procedure, 1908 not to apply

First Schedule — Order XI: Discovery and Inspection

• Order 11 Rule 1 – Discovery by interrogatories
• Order 11 Rule 2 – Particular interrogatories to be submitted
• Order 11 Rule 3 – Costs of interrogatories
• Order 11 Rule 4 – Form of interrogatories
• Order 11 Rule 5 – Corporations
• Order 11 Rule 6 – Objections to interrogatories by answer
• Order 11 Rule 7 – Setting aside and striking out interrogatories
• Order 11 Rule 8 – Affidavit in answer, filing
• Order 11 Rule 9 – Form of affidavit in answer
• Order 11 Rule 10 – No exception to be taken
• Order 11 Rule 11 – Order to answer or answer further
• Order 11 Rule 12 – Application for discovery of documents
• Order 11 Rule 13 – Affidavit of documents
• Order 11 Rule 14 – Production of documents
• Order 11 Rule 15 – Inspection of documents referred to in pleadings or affidavits
• Order 11 Rule 16 – Notice to produce
• Order 11 Rule 17 – Time for inspection when notice given
• Order 11 Rule 18 – Order for inspection
• Order 11 Rule 19 – Verified copies
• Order 11 Rule 20 – Premature discovery
• Order 11 Rule 21 – Non-compliance with order for discovery
• Order 11 Rule 22 – Using answer to interrogatories at trial
• Order 11 Rule 23 – Order to apply to minors

First Schedule — Order XII: Admissions

• Order 12 Rule 1 – Notice of admission of case
• Order 12 Rule 2 – Notice to admit documents
• Order 12 Rule 2A – Document to be deemed to be admitted if not denied after service of notice to admit documents
• Order 12 Rule 3 – Form of notice
• Order 12 Rule 3A – Power of Court to record admission
• Order 12 Rule 4 – Notice to admit acts
• Order 12 Rule 5 – Form of admissions
• Order 12 Rule 6 – Judgment on admissions
• Order 12 Rule 7 – Affidavit of signature
• Order 12 Rule 8 – Notice to produce documents
• Order 12 Rule 9 – Costs

First Schedule — Order XIII: Production, Impounding and Return of Documents

• Order 13 Rule 1 – Original documents to be produced at or before the settlement of issues
• Order 13 Rule 2 – Effect of non-production of documents
• Order 13 Rule 3 – Rejection of irrelevant or inadmissible documents
• Order 13 Rule 4 – Endorsements on documents admitted in evidence
• Order 13 Rule 5 – Endorsements on copies of admitted entries in books, accounts and records
• Order 13 Rule 6 – Endorsements on documents rejected an inadmissible in evidence
• Order 13 Rule 7 – Recording of admitted and return of rejected documents
• Order 13 Rule 8 – Court may order any document to be impounded
• Order 13 Rule 9 – Return of admitted documents
• Order 13 Rule 10 – Court may send for papers from its own records or from other Courts
• Order 13 Rule 11 – Provisions as to documents applied to material objects

First Schedule — Order XIII-A: Summary Judgment

• Order 13A Rule 1 – Scope of and classes of suits to which this Order applies
• Order 13A Rule 2 – Stage for application for summary judgment
• Order 13A Rule 3 – Grounds for summary judgment
• Order 13A Rule 4 – Procedure
• Order 13A Rule 5 – Evidence for hearing of summary judgment
• Order 13A Rule 6 – Orders that may be made by Court
• Order 13A Rule 7 – Conditional order
• Order 13A Rule 8 – Power to impose costs

First Schedule — Order XIV: Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

• Order 14 Rule 1 – Framing of issues
• Order 14 Rule 2 – Court to pronounce judgment on all issues
• Order 14 Rule 3 – Materials from which issues may be framed
• Order 14 Rule 4 – Court may examine witnesses or documents before framing issues
• Order 14 Rule 5 – Power to amend and strike out, issues
• Order 14 Rule 6 – Questions of fact or law may by agreement be stated in form of issues
• Order 14 Rule 7 – Court, if satisfied that agreement was executed in good faith, may pronounce judgment

First Schedule — Order XV: Disposal of the Suit at the First Hearing

• Order 15 Rule 1 – Parties not at issue
• Order 15 Rule 2 – One of several defendants not at issue
• Order 15 Rule 3 – Parties at issue
• Order 15 Rule 4 – Failure to produce evidence

First Schedule — Order XVI: Summoning and Attendance of Witnesses

• Order 16 Rule 1 – List of witnesses and summons to witnesses
• Order 16 Rule 1A – Production of witnesses without summons
• Order 16 Rule 2 – Expenses of witness to be paid into Court on applying for summons
• Order 16 Rule 3 – Tender of expenses to witness
• Order 16 Rule 4 – Procedure where insufficient sum paid in
• Order 16 Rule 5 – Time, place and purpose of attendance to be specified in summons
• Order 16 Rule 6 – Summons to produce document
• Order 16 Rule 7 – Power to require persons present in Court to give evidence or produce document
• Order 16 Rule 7A – Summons given to the party for service
• Order 16 Rule 8 – Summons how served
• Order 16 Rule 9 – Time for serving summons
• Order 16 Rule 10 – Procedure where witness fails to comply with summons
• Order 16 Rule 11 – If witness appears, attachment may be withdrawn
• Order 16 Rule 12 – Procedure if witness fails to appear
• Order 16 Rule 13 – Mode of attachment
• Order 16 Rule 14 – Court may of its own accord summon as witnesses strangers to suit
• Order 16 Rule 15 – Duty of persons summoned to give evidence or produce document
• Order 16 Rule 16 – When they may depart
• Order 16 Rule 17 – Application of rules 10 to
• Order 16 Rule 18 – Procedure where witness apprehended cannot give evidence or produce document
• Order 16 Rule 19 – No witness to be ordered to attend in person unless resident within certain limits
• Order 16 Rule 20 – Consequence of refusal of party to give evidence when called on by Court
• Order 16 Rule 21 – Rules as to witnesses to apply to parties summoned

First Schedule — Order XVI-A: Attendance of Witnesses Confined or Detained in Prisons

• Order 16A Rule 1 – Definitions
• Order 16A Rule 2 – Power to require attendance of prisoners to give evidence
• Order 16A Rule 3 – Expenses to be paid into Court
• Order 16A Rule 4 – Power of State Government to exclude certain persons from the operation of rule
• Order 16A Rule 5 – Officer in charge of prison to abstain from carrying out order in certain cases
• Order 16A Rule 6 – Prisoner to be brought to Court in custody
• Order 16A Rule 7 – Power to issue commission for examination of witness in prison

First Schedule — Order XVII: Adjournment

• Order 17 Rule 1 – Court may grant time and adjourn hearing
• Order 17 Rule 2 – Procedure if parties fail to appear on day fixed
• Order 17 Rule 3 – Court may proceed notwithstanding either party fails to produce evidence, etc

First Schedule — Order XVIII: Hearing of the Suit and Examination of Witnesses

• Order 18 Rule 1 – Right to begin
• Order 18 Rule 2 – Statement and production of evidence
• Order 18 Rule 3 – Evidence where several issues
• Order 18 Rule 3A – Party to appear before other witnesses
• Order 18 Rule 4 – Recording of evidence
• Order 18 Rule 5 – How evidence shall be taken in appealable cases
• Order 18 Rule 6 – When deposition to be interpreted
• Order 18 Rule 7 – Evidence under section 138
• Order 18 Rule 8 – Memorandum when evidence not taken down by Judge
• Order 18 Rule 9 – When evidence may be taken in English
• Order 18 Rule 10 – Any particular question and answer may be taken down
• Order 18 Rule 11 – Questions objected to and allowed by Court
• Order 18 Rule 12 – Remarks on demeanour of witnesses
• Order 18 Rule 13 – Memorandum of evidence in unappealable cases
• Order 18 Rule 14 – Judge unable to make such memorandum to record reasons of his inability
• Order 18 Rule 15 – Power to deal with evidence taken before another Judge
• Order 18 Rule 16 – Power to examine witness immediately
• Order 18 Rule 17 – Court may recall and examine witness
• Order 18 Rule 17A – Production of evidence not previously known or which could not be produced despite due diligence
• Order 18 Rule 18 – Power of Court to inspect
• Order 18 Rule 19 – Power to get statements recorded on commission

First Schedule — Order XIX: Affidavits

• Order 19 Rule 1 – Power to order any point to be proved by affidavit
• Order 19 Rule 2 – Power to order attendance of deponent for cross-examination
• Order 19 Rule 3 – Matters to which affidavits shall be confined

First Schedule — Order XX: Judgment and Decree

• Order 20 Rule 1 – Judgment when pronounced
• Order 20 Rule 2 – Power to pronounce judgment written by judge’s predecessor
• Order 20 Rule 3 – Judgment to be signed
• Order 20 Rule 4 – Judgments of Small Cause Courts
• Order 20 Rule 5 – Court to state its decision on each issue
• Order 20 Rule 5A – Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders
• Order 20 Rule 6 – Contents of decree
• Order 20 Rule 6A – Preparation of decree
• Order 20 Rule 6B – Copies of judgments when to be made available
• Order 20 Rule 7 – Date of decree
• Order 20 Rule 8 – Procedure where Judge has vacated office before signing decree
• Order 20 Rule 9 – Decree for recovery of immovable property
• Order 20 Rule 10 – Decree for delivery of movable property
• Order 20 Rule 11 – Decree may direct payment by instalments
• Order 20 Rule 12 – Decree for possession and mesne profits
• Order 20 Rule 12A – Decree for specific performance of contract for the sale or lease of immovable property
• Order 20 Rule 13 – Decree in administration suit
• Order 20 Rule 14 – Decree in pre-emption suit
• Order 20 Rule 15 – Decree in suit for dissolution of partnership
• Order 20 Rule 16 – Decree in suit for account between principal and agent
• Order 20 Rule 17 – Special directions as to accounts
• Order 20 Rule 18 – Decree in suit for partition of property or separate possession of a share therein
• Order 20 Rule 19 – Decree when set-off or counter-claim is allowed
• Order 20 Rule 20 – Certified copies of judgment and decree to be furnished

First Schedule — Order XX-A: Costs

• Order 20A Rule 1 – Provisions relating to certain items
• Order 20A Rule 2 – Costs to be awarded in accordance with the rules made by High Court

First Schedule — Order XXI: Execution of Decrees and Orders

• Order 21 Rule 1 – Modes of paying money under decree
• Order 21 Rule 2 – Payment out of Court to decree-holder
• Order 21 Rule 3 – Lands situate in more than one jurisdiction
• Order 21 Rule 4 – Transfer to Court of Small Causes
• Order 21 Rule 5 – Mode of transfer
• Order 21 Rule 6 – Procedure where Court desires that its own decree shall be executed by another Court
• Order 21 Rule 7 – Court receiving copies of decree, etc., to file same without proof
• Order 21 Rule 8 – Execution of decree or order by Court to which it is sent
• Order 21 Rule 9 – Execution by High Court of decree transferred by other Court
• Order 21 Rule 10 – Application for execution
• Order 21 Rule 11 – Oral application
• Order 21 Rule 11A – Application for arrest to state grounds
• Order 21 Rule 12 – Application for attachment of movable property not in judgment-debtor’s possession
• Order 21 Rule 13 – Application for attachment of immovable property to contain certain particulars
• Order 21 Rule 14 – Power to require certified extract from Collector’s register in certain cases
• Order 21 Rule 15 – Application for execution by Joint decree-holders
• Order 21 Rule 16 – Application for execution by transferee of decree
• Order 21 Rule 17 – Procedure on receiving application for execution of decree
• Order 21 Rule 18 – Execution in case of cross-decrees
• Order 21 Rule 19 – Execution in case of cross-claims under same decree
• Order 21 Rule 20 – Cross-decrees and cross-claims in mortgage suits
• Order 21 Rule 21 – Simultaneous execution
• Order 21 Rule 22 – Notice to show cause against execution in certain cases
• Order 21 Rule 22A – Sale not be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale
• Order 21 Rule 23 – Procedure after issue of notice
• Order 21 Rule 24 – Process for execution
• Order 21 Rule 25 – Endorsement on process
• Order 21 Rule 26 – When Court may stay execution
• Order 21 Rule 27 – Liability of judgment-debtor discharged
• Order 21 Rule 28 – Order of Court which passed decree or of Appellate Court to be binding upon Court applied to
• Order 21 Rule 29 – Stay of execution pending suit between decree-holder and judgment-debtors
• Order 21 Rule 30 – Decree for payment of money
• Order 21 Rule 31 – Decree for specific movable property
• Order 21 Rule 32 – Decree for specific performance for restitution of conjugal rights, or for an injunction
• Order 21 Rule 33 – Discretion of Court in executing decrees for restitution of conjugal rights
• Order 21 Rule 34 – Decree for execution of document, or endorsement of negotiable instrument
• Order 21 Rule 35 – Decree for immovable property
• Order 21 Rule 36 – Decree for delivery of immovable property when in occupancy of tenant
• Order 21 Rule 37 – Discretionary power to permit judgment-debtor to show cause against detention in prison
• Order 21 Rule 38 – Warrant for arrest to direct judgment-debtor to be brought up
• Order 21 Rule 39 – Subsistence allowance
• Order 21 Rule 40 – Proceedings on appearance of judgment-debtor in obedience to notice or after arrest
• Order 21 Rule 41 – Examination of judgment-debtor as to his property
• Order 21 Rule 42 – Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined
• Order 21 Rule 43 – Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
• Order 21 Rule 43A – Custody of movable property
• Order 21 Rule 44 – Attachment of agricultural produce
• Order 21 Rule 45 – Provisions as to agricultural produce under attachment
• Order 21 Rule 46 – Attachment of debt, share and other property not in possession of judgment-debtor
• Order 21 Rule 46A – Notice to garnishee
• Order 21 Rule 46B – Order against garnishee
• Order 21 Rule 46C – Trial of disputed questions
• Order 21 Rule 46D – Procedure where debt belongs to third person
• Order 21 Rule 46E – Order as regards third person
• Order 21 Rule 46F – Payment by garnishee to be valid discharge
• Order 21 Rule 46G – Costs
• Order 21 Rule 46H – Appeals
• Order 21 Rule 46I – Application to negotiable instruments
• Order 21 Rule 47 – Attachment of share in movables
• Order 21 Rule 48 – Attachment of salary or allowances of servant of the Government or railway company or local authority
• Order 21 Rule 49 – Attachment of partnership property
• Order 21 Rule 50 – Execution of decree against firm
• Order 21 Rule 51 – Attachment of negotiable instruments
• Order 21 Rule 52 – Attachment of property in custody of Court or public officer
• Order 21 Rule 53 – Attachment of decrees
• Order 21 Rule 54 – Attachment of immovable property
• Order 21 Rule 55 – Removal of attachment after satisfaction of decree
• Order 21 Rule 56 – Order for payment of coin or currency notes to party entitled under decree
• Order 21 Rule 57 – Determination of attachment
• Order 21 Rule 58 – Adjudication of claims to or objections to attachment of property
• Order 21 Rule 59 – Stay of sale
• Order 21 Rule 60 – Release of property from attachment
• Order 21 Rule 61 – Disallowance of claim to property attached
• Order 21 Rule 62 – Continuance of attachment subject to claim of incumbrancer
• Order 21 Rule 63 – Omitted.. Sale generally
• Order 21 Rule 64 – Power to order property attached to be sold and proceeds to be paid to person entitled
• Order 21 Rule 65 – Sales by whom conducted and how made
• Order 21 Rule 66 – Proclamation of sales by public auction
• Order 21 Rule 67 – Mode of making proclamation
• Order 21 Rule 68 – Time of sale
• Order 21 Rule 69 – Adjournment or stoppage of sale
• Order 21 Rule 70 – Saving of certain sales
• Order 21 Rule 71 – Defaulting purchaser answerable for loss on re-sale
• Order 21 Rule 72 – Decree-holder not to bid for or buy property without permission
• Order 21 Rule 72A – Mortgagee not to bid at sale without the leave of the Court
• Order 21 Rule 73 – Restriction on bidding or purchase by officers
• Order 21 Rule 74 – Sale of agricultural produce
• Order 21 Rule 75 – Special provisions relating to growing crops
• Order 21 Rule 76 – Negotiable instruments and shares in corporations
• Order 21 Rule 77 – Sale by public auction
• Order 21 Rule 78 – Irregularity not to vitiate sale, but any person injured may sue
• Order 21 Rule 79 – Delivery of movable proper ty, debts and shares
• Order 21 Rule 80 – Transfer of negotiable instruments and shares
• Order 21 Rule 81 – Vesting order in case of other property
• Order 21 Rule 82 – What Court may order sales
• Order 21 Rule 83 – Postponement of sale to enable judgment-debtor to raise amount of decree
• Order 21 Rule 84 – Deposit by purchaser and re-sale on default
• Order 21 Rule 85 – Time for payment in full of purchase money
• Order 21 Rule 86 – Procedure in default of payment
• Order 21 Rule 87 – Notification on re-sale
• Order 21 Rule 88 – Bid of co-sharer to have preference
• Order 21 Rule 89 – Application to set aside sale on deposit
• Order 21 Rule 90 – Application to set aside sale on ground of irregularity or fraud
• Order 21 Rule 91 – Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest
• Order 21 Rule 92 – Sale when to become absolute or be set aside
• Order 21 Rule 93 – Return of purchase r-money in certain cases
• Order 21 Rule 94 – Certificate to purchaser
• Order 21 Rule 95 – Delivery of property in occupancy of judgment-debtor
• Order 21 Rule 96 – Delivery of property in occupancy of tenant
• Order 21 Rule 97 – Resistance or obstruction to possession of immovable property
• Order 21 Rule 98 – Orders after adjudication
• Order 21 Rule 99 – Dispossession by decree-holder or purchaser
• Order 21 Rule 100 – Order to be passed upon application complaining of dispossession
• Order 21 Rule 101 – Question to be determined
• Order 21 Rule 102 – Rules not applicable to transferee pendente lite
• Order 21 Rule 103 – Orders to be treated as decrees
• Order 21 Rule 104 – Orders under rule 101 or rule 103 to be subject to the result or pending suit
• Order 21 Rule 105 – Hearing of application
• Order 21 Rule 106 – Setting aside orders passed ex parte, etc

First Schedule — Order XXII: Death, Marriage and Insolvency of Parties

• Order 22 Rule 1 – No abatement by party’s death if right to sue survives
• Order 22 Rule 2 – Procedure where one of several plaintiffs or defendants dies and right to sue survives
• Order 22 Rule 3 – Procedure in case of death of one of several plaintiffs or of sole plaintiff
• Order 22 Rule 4 – Procedure in case of death of one of several defendants or of sole defendant
• Order 22 Rule 4A – Procedure where there is no legal representative
• Order 22 Rule 5 – Determination of question as to legal representative
• Order 22 Rule 6 – No abatement by reason of death after hearing
• Order 22 Rule 7 – Suit not abated by marriage of female party
• Order 22 Rule 8 – When plaintiff's insolvency bars suit
• Order 22 Rule 9 – Effect of abatement or dismissal
• Order 22 Rule 10 – Procedure in case of assignment before final order in suit
• Order 22 Rule 10A – Duty of pleader to communicate to Court death of a party
• Order 22 Rule 11 – Application of Order to appeals
• Order 22 Rule 12 – Application of Order to proceedings

First Schedule — Order XXIII: Withdrawal and Adjustment of Suits

• Order 23 Rule 1 – Withdrawal of suit or abandonment of part of claim
• Order 23 Rule 1A – When transposition of defendants as plaintiffs may be permitted
• Order 23 Rule 2 – Limitation law not affected by first suit
• Order 23 Rule 3 – Compromise of suit
• Order 23 Rule 3A – Bar to suit
• Order 23 Rule 3B – No agreement or compromise to be entered in a representative suit without leave of Court
• Order 23 Rule 4 – Proceedings in execution of decrees not affected

First Schedule — Order XXIV: Payment Into Court

• Order 24 Rule 1 – Deposit by defendant of amount in satisfaction of claim
• Order 24 Rule 2 – Notice of deposit
• Order 24 Rule 3 – Interest on deposit not allowed to plaintiff after notice
• Order 24 Rule 4 – Procedure where plaintiff accepts deposit as satisfaction in part

First Schedule — Order XXV: Security for Costs

• Order 25 Rule 1 – When security for costs may be required from plaintiff
• Order 25 Rule 2 – Effect of failure to furnish security

First Schedule — Order XXVI: Commissions

• Order 26 Rule 1 – Cases in which Court may issue commission to examine witness
• Order 26 Rule 2 – Order for commission
• Order 26 Rule 3 – Where witness resides within Court’s jurisdiction
• Order 26 Rule 4 – Persons for whose examination commission may issue
• Order 26 Rule 4A – Commission for examination of any person resident within the local limits of the jurisdiction of the Court
• Order 26 Rule 5 – Commission or request to examine witness not within India
• Order 26 Rule 6 – Court to examine witness pursuant to Commission
• Order 26 Rule 7 – Return of commission with depositions of witnesses
• Order 26 Rule 8 – When depositions may be read in evidence
• Order 26 Rule 9 – Commissions to make local investigations
• Order 26 Rule 10 – Procedure of Commissioner
• Order 26 Rule 10A – Commission for scientific investigation
• Order 26 Rule 10B – Commission for performance of a ministerial act
• Order 26 Rule 10C – Commission for the sale of movable property
• Order 26 Rule 11 – Commission to examine or adjust accounts
• Order 26 Rule 12 – Court to give Commissioner necessary instructions
• Order 26 Rule 13 – Commission to make partition of immovable property
• Order 26 Rule 14 – Procedure of Commissioner
• Order 26 Rule 15 – Expenses of commission to be paid into court
• Order 26 Rule 16 – Powers of commissioners
• Order 26 Rule 16A – Questions objected to before the Commissioner
• Order 26 Rule 17 – Attendance and examination of witnesses before Commissioner
• Order 26 Rule 18 – Parties to appear before Commissioner
• Order 26 Rule 18A – Application of order to execution proceedings
• Order 26 Rule 18B – Court to fix a time for return of commission
• Order 26 Rule 19 – Cases in which High Court may issue commission to examine witness
• Order 26 Rule 20 – Application for issue of commission
• Order 26 Rule 21 – To whom commission may be issued
• Order 26 Rule 22 – Issue, execution and return of commissions, and transmission of evidence to foreign Court

First Schedule — Order XXVII: Suits by or Against the Government or Public Officers in Their Official Capacity

• Order 27 Rule 1 – Suits by or against Government
• Order 27 Rule 2 – Persons authorised to act for Government
• Order 27 Rule 3 – Plaints in suits by or against Government
• Order 27 Rule 4 – Agent for Government to receive process
• Order 27 Rule 5 – Fixing of day for appearance on behalf of Government
• Order 27 Rule 5A – Government to be joined as a party in a suit against a public officer
• Order 27 Rule 5B – Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement
• Order 27 Rule 6 – Attendance of person able to answer questions relating to suit against Government
• Order 27 Rule 7 – Extension of time to enable public officer to make reference to Government
• Order 27 Rule 8 – Procedure in suits against public officer
• Order 27 Rule 8A – No security to be required from Government or a public officer in certain cases
• Order 27 Rule 8B – Definitions of “Government” and “ Government pleader”

First Schedule — Order XXVII-A: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of any Statutory Instrument

• Order 27A Rule 1 – Notice to the Attorney General or the Advocate-General
• Order 27A Rule 1A – Procedure in suits involving validity of any statutory instrument
• Order 27A Rule 2 – Court may add Government as party
• Order 27A Rule 2A – Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument
• Order 27A Rule 3 – Costs
• Order 27A Rule 4 – Application of Order to appeals

First Schedule — Order XXVIII: Suits by or Against Military or Naval Men or Airmen

• Order 28 Rule 1 – Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them
• Order 28 Rule 2 – Person so authorised may act personally or appoint pleader
• Order 28 Rule 3 – Service on person so authorised, or on his pleader, to be good service

First Schedule — Order XXIX: Suits by or Against Corporations

• Order 29 Rule 1 – Subscription and verification of pleading
• Order 29 Rule 2 – Service on corporation
• Order 29 Rule 3 – Power to require personal attendance of officer of corporation

First Schedule — Order XXX: Suits by or Against Firms and Persons Carrying on Business in Names Other Than Their Own

• Order 30 Rule 1 – Suing of partners in name of firm
• Order 30 Rule 2 – Disclosure of partners’ names
• Order 30 Rule 3 – Service
• Order 30 Rule 4 – Rights of suit on death of partner
• Order 30 Rule 5 – Notice in what capacity served
• Order 30 Rule 6 – Appearance of partners
• Order 30 Rule 7 – No appearance except by partners
• Order 30 Rule 8 – Appearance under protest
• Order 30 Rule 9 – Suits between co-partners
• Order 30 Rule 10 – Suit against person carrying on business in name other than his own

First Schedule — Order XXXI: Suits by or Against Trustees, Executors and Administrators

• Order 31 Rule 1 – Representation of beneficiaries in suits concerning property vested in trustees, etc
• Order 31 Rule 2 – Joinder of trustees, executors and administrators
• Order 31 Rule 3 – Husband of married executrix not to join

First Schedule — Order XXXII: Suits by or Against Minors and Persons of Unsound Mind

• Order 32 Rule 1 – Minor to sue by next friend
• Order 32 Rule 2 – Where suit is instituted without next friend, plaint to be taken off the file
• Order 32 Rule 2A – Security to be furnished by next friend when so ordered
• Order 32 Rule 3 – Guardian for the suit to be appointed by Court for minor defendants
• Order 32 Rule 3A – Decree against minor not to be set aside unless prejudice has been caused to his interest
• Order 32 Rule 4 – Who may act as next friend or he appointed guardian for the suit
• Order 32 Rule 5 – Representation of minor by next friend or guardian for the suit
• Order 32 Rule 6 – Receipt by next friend or guardian for the suit of property under decree for minor
• Order 32 Rule 7 – Agreement or compromise by next friend or guardian for the suit
• Order 32 Rule 8 – Retirement of next friend
• Order 32 Rule 9 – Removal of next friend
• Order 32 Rule 10 – Stay of proceedings on removal, etc., of next friend
• Order 32 Rule 11 – Retirement, removal or death of guardian for the suit
• Order 32 Rule 12 – Course to be followed by minor plaintiff or applicant on attaining majority
• Order 32 Rule 13 – Where minor co-plaintiff attaining majority desires to repudiate suit
• Order 32 Rule 14 – Unreasonable or improper suit
• Order 32 Rule 15 – Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind
• Order 32 Rule 16 – Savings

First Schedule — Order XXXII-A: Suits Relating to Matters Concerning the Family

• Order 32A Rule 1 – Application of the Order
• Order 32A Rule 2 – Proceedings to be held in camera
• Order 32A Rule 3 – Duty of Court to make efforts for settlement
• Order 32A Rule 4 – Assistance of welfare expert
• Order 32A Rule 5 – Duty to e nquire into facts
• Order 32A Rule 6 – “ Family ”

First Schedule — Order XXXIII: Suits by Indigent Persons

• Order 33 Rule 1 – Suits may be instituted by [indigent persons.]
• Order 33 Rule 1A – Inquiry into the means of an indigent person
• Order 33 Rule 2 – Contents of application
• Order 33 Rule 3 – Presentation of application
• Order 33 Rule 4 – Examination of applicant
• Order 33 Rule 5 – Rejection of application
• Order 33 Rule 6 – Notice of day for receiving evidence of applicant’s indigency
• Order 33 Rule 7 – Procedure at hearing
• Order 33 Rule 8 – Procedure if application admitted
• Order 33 Rule 9 – Withdrawal of permission to sue as an [indigent person]
• Order 33 Rule 9A – Court to assign a pleader to an unrepresented indigent person
• Order 33 Rule 10 – Costs where [indigent person] succeeds
• Order 33 Rule 11 – Procedure where [indigent person] fails
• Order 33 Rule 11A – Procedure where [indigent person] suit abates
• Order 33 Rule 12 – State Government may apply for payment of court-fees
• Order 33 Rule 13 – State Government to be deemed a party
• Order 33 Rule 14 – Recovery of amount of court-fees
• Order 33 Rule 15 – Refusal to allow applicant to sue as [an indigent person] to bar subsequent application of like nature
• Order 33 Rule 15A – Grant of time for payment of court-fee
• Order 33 Rule 16 – Costs
• Order 33 Rule 17 – Defence by an indigent person
• Order 33 Rule 18 – Power of Government to provide for free legal services to indigent persons

First Schedule — Order XXXIV: Suits Relating to Mortgages of Immovable Property

• Order 34 Rule 1 – Parties to suits for foreclosure sale and redemption
• Order 34 Rule 2 – Preliminary decree in foreclosure suit
• Order 34 Rule 3 – Final decree in foreclosure suit
• Order 34 Rule 4 – Preliminary decree in suit for sale
• Order 34 Rule 5 – Final decree in suit for sale
• Order 34 Rule 6 – Recovery of balance due on mortgage in suit for sale
• Order 34 Rule 7 – Preliminary decree in redemption suit
• Order 34 Rule 8 – Final decree in redemption suit
• Order 34 Rule 8A – Recovery of balance due on mortgage in suit for redemption
• Order 34 Rule 9 – Decree where nothing is found due or where mortgagee has been overpaid
• Order 34 Rule 10 – Costs of mortgagee subsequent to decree
• Order 34 Rule 10A – Power of Court to direct mortgagee to pay mesne profits
• Order 34 Rule 11 – Payment of interest
• Order 34 Rule 12 – Sale of property subject to prior mortgage
• Order 34 Rule 13 – Application of proceeds
• Order 34 Rule 14 – Suit for sale necessary for bringing mortgaged property to sale
• Order 34 Rule 15 – Mortgages by the deposit of title deeds and charges

First Schedule — Order XXXV: Interpleader

• Order 35 Rule 1 – Plaint in interpleader suit
• Order 35 Rule 2 – Payment of thing claimed into Court
• Order 35 Rule 3 – Procedure where defendant is suing plaintiff
• Order 35 Rule 4 – Procedure at first hearing
• Order 35 Rule 5 – Agents and tenants may not institute interpleader suits
• Order 35 Rule 6 – Charge for plaintiff’s costs

First Schedule — Order XXXVI: Special Case

• Order 36 Rule 1 – Power to state case for Court’s opinion
• Order 36 Rule 2 – Where value of subject-matter must be stated
• Order 36 Rule 3 – Agreement to be filed and registered as suit
• Order 36 Rule 4 – Parties to be subject to Court’s jurisdiction
• Order 36 Rule 5 – Hearing and disposal of case
• Order 36 Rule 6 – No appeal from a decree passed under rule

First Schedule — Order XXXVII: Summary Procedure

• Order 37 Rule 1 – Courts and classes of suits to which the Order is to apply
• Order 37 Rule 2 – Institution of summary suits
• Order 37 Rule 3 – Procedure for the appearance of defendant
• Order 37 Rule 4 – Power to set aside decree
• Order 37 Rule 5 – Power to order bill, etc., to be deposited with officer of Court
• Order 37 Rule 6 – Recovery of cost of noting non-acceptance of dishonoured bill or note
• Order 37 Rule 7 – Procedure in suits

First Schedule — Order XXXVIII: Arrest and Attachment Before Judgment

• Order 38 Rule 1 – Where defendant may be called upon to furnish security for appearance
• Order 38 Rule 2 – Security
• Order 38 Rule 3 – Procedure on application by surety to be discharged
• Order 38 Rule 4 – Procedure where defendant fails to furnish security or find fresh security
• Order 38 Rule 5 – Where defendant may be called upon to furnish security for production of property
• Order 38 Rule 6 – Attachment where cause not shown or security not furnished
• Order 38 Rule 7 – Mode of making attachment
• Order 38 Rule 8 – Adjudication of claim to property attached before judgment
• Order 38 Rule 9 – Removal of attachment when security furnished or suit dismissed
• Order 38 Rule 10 – Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
• Order 38 Rule 11 – Property attached before judgment not to be re-attached in execution of decree
• Order 38 Rule 11A – Provisions applicable to attachment
• Order 38 Rule 12 – Agricultural produce not attachable before judgment
• Order 38 Rule 13 – Small Cause Court not to attach immovable property

First Schedule — Order XXXIX: Temporary Injunctions and Interlocutory Orders

• Order 39 Rule 1 – Cases in which temporary injunction may be granted
• Order 39 Rule 2 – Injunction to restrain repetition or continuance of breach
• Order 39 Rule 2A – Consequence of disobedience or breach of injunction
• Order 39 Rule 3 – Before granting injunction, Court to direct notice to opposite party
• Order 39 Rule 3A – Court to dispose of application for injunction within thirty days
• Order 39 Rule 4 – Order for injunction may be discharged, varied or set aside
• Order 39 Rule 5 – Injection to corporation binding on its officer
• Order 39 Rule 6 – Power to order interim sale
• Order 39 Rule 7 – Detention, preservation, inspection, etc., of subject-matter of suit
• Order 39 Rule 8 – Application for such orders to be after notice
• Order 39 Rule 9 – When party may be put in immediate possession of land the subject-matter of suit
• Order 39 Rule 10 – Deposit of money, etc., in Court

First Schedule — Order XL: Appointment of Receivers

• Order 40 Rule 1 – Appointment of receivers
• Order 40 Rule 2 – Remuneration
• Order 40 Rule 3 – Duties
• Order 40 Rule 4 – Enforcement of receiver’s duties
• Order 40 Rule 5 – When Collector may he appointed receiver

First Schedule — Order XLI: Appeals From Original Decrees

• Order 41 Rule 1 – Form of appeal. What to accompany memorandum
• Order 41 Rule 2 – Grounds which may be taken in appeal
• Order 41 Rule 3 – Rejection or amendment of memorandum
• Order 41 Rule 3A – Application for condonation of delay
• Order 41 Rule 4 – One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
• Order 41 Rule 5 – Stay by Appellate Court
• Order 41 Rule 6 – Security in case of order for execution of decree appealed from
• Order 41 Rule 7 – Repealed
• Order 41 Rule 8 – Exercise of power in appeal from order made in execution of decree
• Order 41 Rule 9 – Registry of memorandum of appeal
• Order 41 Rule 10 – Appellate Court may require appellant to furnish security for costs
• Order 41 Rule 11 – Power to dismiss appeal without sending notice to Lower Court
• Order 41 Rule 11A – Time within which hearing under rule 11 should be concluded
• Order 41 Rule 12 – Day for hearing appeal
• Order 41 Rule 13 – Appellate Court to give notice to Court whose decree appealed from
• Order 41 Rule 14 – Publication and service of notice of day for hearing appeal
• Order 41 Rule 15 – Omitted.. Procedure on hearing
• Order 41 Rule 16 – Right to begin
• Order 41 Rule 17 – Dismissal of appeal for appellants ’ default
• Order 41 Rule 18 – Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost
• Order 41 Rule 19 – Re-admission of appeal dismissed for default
• Order 41 Rule 20 – Power to adjourn hearing and direct persons appearing interested to be made respondents
• Order 41 Rule 21 – Re-hearing on application of respondent against whom ex parte decree made
• Order 41 Rule 22 – Upon hearing respondent may object to decree as if he had preferred separate appeal
• Order 41 Rule 23 – Remand of case by Appellate Court
• Order 41 Rule 23A – Remand in other cases
• Order 41 Rule 24 – Where evidence on record sufficient Appellate Court may determine case finally
• Order 41 Rule 25 – Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
• Order 41 Rule 26 – Findings and evidence to be put on record. Objections to findings
• Order 41 Rule 26A – Order of remand to mention date of next hearing
• Order 41 Rule 27 – Production of additional evidence in Appellate Court
• Order 41 Rule 28 – Mode of taking additional evidence
• Order 41 Rule 29 – Points to be defined and recorded
• Order 41 Rule 30 – Judgment when and where pronounced
• Order 41 Rule 31 – Contents, date and signature of judgment
• Order 41 Rule 32 – What judgment may direct
• Order 41 Rule 33 – Power of Court of Appeal
• Order 41 Rule 34 – Dissent to be recorded
• Order 41 Rule 35 – Date and contents of decree
• Order 41 Rule 36 – Copies of judgment and decree to be furnished to parties
• Order 41 Rule 37 – Certified copy of decree to be sent to Court whose decree appealed from

First Schedule — Order XLII: Appeals From Appellate Decrees

• Order 42 Rule 1 – Procedure
• Order 42 Rule 2 – Power of Court to direct that the appeal be heard on the question formulated by it
• Order 42 Rule 3 – Application of rule 14 of Order XL I

First Schedule — Order XLIII: Appeals From Orders

• Order 43 Rule 1 – Appeal from orders
• Order 43 Rule 1A – Right to challenge non-appealable orders in appeal against decrees
• Order 43 Rule 2 – Procedure

First Schedule — Order XLIV: Appeals by Indigent Persons

• Order 44 Rule 1 – Who may appeal [as an indigent person]
• Order 44 Rule 2 – Grant of time for payment of court-fee
• Order 44 Rule 3 – Inquiry as to whether applicant is an indigent person

First Schedule — Order XLV: Appeals to the Supreme Court

• Order 45 Rule 1 – “ Decree ” defined
• Order 45 Rule 2 – Application to Court whose decree complained of
• Order 45 Rule 3 – Certificate as to value or fitness
• Order 45 Rule 4 – Repealed
• Order 45 Rule 5 – Repealed
• Order 45 Rule 6 – Effect of refusal of certificate
• Order 45 Rule 7 – Security and deposit required on grant of certificate
• Order 45 Rule 8 – Admission of appeal and procedure thereon
• Order 45 Rule 9 – Revocation of acceptance of security
• Order 45 Rule 9A – Power to dispense with notices in case of deceased parties
• Order 45 Rule 10 – Power to order further security or payment
• Order 45 Rule 11 – Effect of failure to comply with order
• Order 45 Rule 12 – Refund of balance deposit
• Order 45 Rule 13 – Powers of Court pending appeal
• Order 45 Rule 14 – Increase of security found inadequate
• Order 45 Rule 15 – Procedure to enforce orders of the Supreme Court
• Order 45 Rule 16 – Appeal from order relating to execution
• Order 45 Rule 17 – Repealed

First Schedule — Order XLVI: Reference

• Order 46 Rule 1 – Reference of question to High Court
• Order 46 Rule 2 – Court may pass decree contingent upon decision of High Court
• Order 46 Rule 3 – Judgment of High Court to be transmitted and case disposed of accordingly
• Order 46 Rule 4 – Cost of reference to High Court
• Order 46 Rule 4A – 4 A. Reference to High Court under proviso to section 113
• Order 46 Rule 5 – Power to alter, etc., decree of Court making reference
• Order 46 Rule 6 – Power to refer to High Court questions as to jurisdiction in small causes
• Order 46 Rule 7 – Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes

First Schedule — Order XLVII: Review

• Order 47 Rule 1 – Application for review of judgment
• Order 47 Rule 2 – Repealed
• Order 47 Rule 3 – Form of applications for review
• Order 47 Rule 4 – Application where rejected
• Order 47 Rule 5 – Application for review in Court consisting of two or more Judges
• Order 47 Rule 6 – Application where rejected
• Order 47 Rule 7 – Order of rejection not appealable. Objections to order granting application
• Order 47 Rule 8 – Registry of application granted, and order for re-hearings
• Order 47 Rule 9 – Bar of certain application

First Schedule — Order XLVIII: Miscellaneous

• Order 48 Rule 1 – Process to be served at expense of party issuing
• Order 48 Rule 2 – Orders and notices how served
• Order 48 Rule 3 – Use of forms in appendices

First Schedule — Order XLIX: Chartered High Courts

• Order 49 Rule 1 – Who may serve processes of High Court
• Order 49 Rule 2 – Saving in respect of Chartered High Courts
• Order 49 Rule 3 – Application of rules

First Schedule — Order L: Provincial Small Cause Courts

• Order 50 Rule 1 – Provincial Small Cause Courts

First Schedule — Order LI: Presidency Small Cause Courts

• Order 51 Rule 1 – Presidency Small Cause Courts