Code of Civil Procedure

Short title, commencement and extent

Section 1 titles the statute as the Code of Civil Procedure, 1908, effective from January 1, 1909. It applies across India, excluding Nagaland and specified tribal areas unless extended by state government notification.

Definitions

Section 2 provides statutory definitions for essential civil litigation terms used throughout the Code, including decree, order, judgment, mesne profits, legal representative, and public officer. It distinguishes between preliminary and final decrees and identifies deemed decrees like rejection of a plaint.

Subordination of Courts

Section 3 establishes the hierarchy of civil courts, specifying that District Courts are subordinate to the High Court, while inferior Civil Courts and Courts of Small Causes are subordinate to both the District Court and the High Court.

Savings

Section 4 establishes that the Code of Civil Procedure does not override special or local laws, special jurisdictions, or prescribed procedures unless expressly stated. It specifically preserves landlords' statutory remedies for recovering agricultural rent from land produce.

Application of the Code to Revenue Courts

Section 5 empowers State Governments to notify which provisions of the CPC apply, with or without modifications, to Revenue Courts when local revenue laws are silent. It defines Revenue Courts as tribunals dealing with agricultural rent, revenue, or land profits, distinguishing them from ordinary Civil Courts.

Pecuniary jurisdiction

Section 6 mandates that no civil court can entertain a suit where the value of the subject matter exceeds the pecuniary limits of its ordinary jurisdiction. It establishes pecuniary competence as an absolute ceiling on a court's authority to try a suit.

Provincial Small Cause Courts

Section 7 specifies provisions of the CPC that do not extend to Provincial Small Cause Courts, notably barring them from executing decrees against immovable property, issuing injunctions, appointing receivers for immovable property, and entertaining regular appeals or revisions under the Code.

Presidency Small Cause Courts

Section 8 restricts the general application of the CPC to Presidency Small Cause Courts in Kolkata, Chennai, and Mumbai, preserving only select transfer, execution, and commission powers. It empowers the respective High Courts to extend specific CPC provisions to these courts via official notification.

Courts to try all civil suits unless barred

Section 9 confers plenary jurisdiction upon civil courts to try all suits of a civil nature, unless their cognizance is expressly or impliedly barred by any statute. It clarifies that contests over property or religious/customary offices constitute suits of a civil nature regardless of accompanying fees or location.

Stay of suit

Section 10 embodies the doctrine of res sub judice, prohibiting courts from proceeding with the trial of a subsequently instituted suit when the matter in issue is directly and substantially the same as in a previously instituted suit between the same parties. The explanation clarifies that pendency in a foreign court does not bar an Indian suit on the same cause of action.

Res judicata

Section 11 codifies the doctrine of res judicata, barring courts from trying any suit or issue previously heard and finally decided on merits between the same parties under the same title by a competent court. Its eight Explanations incorporate constructive res judicata, deemed refusal of unclaimed reliefs, representative suits, execution proceedings, and courts of limited jurisdiction.

Bar to further suit

Section 12 enacts a statutory bar prohibiting a plaintiff from filing a fresh suit on a cause of action whenever the procedural rules of the Code (such as Order 2 Rule 2, Order 9 Rule 9, Order 22 Rule 9, or Order 23 Rule 1) bar such institution.

When foreign judgment not conclusive

Section 13 establishes that a foreign judgment is conclusive between the parties regarding any matter directly adjudicated, operating as res judicata in India. However, it enumerates six vital exceptions (clauses a to f) where a foreign judgment loses conclusiveness, such as lack of jurisdiction, disregard of merits, breach of natural justice, fraud, or violation of Indian law.

Presumption as to foreign judgments

Section 14 creates a mandatory rebuttable presumption that a certified copy of a foreign judgment was pronounced by a court of competent jurisdiction. This presumption stands unless contradicted by the record itself or displaced by evidence proving lack of jurisdiction.

Court in which suits to be instituted

Section 15 lays down the fundamental procedural rule of hierarchy that every suit must be instituted in the court of the lowest grade competent to try it. It aims to prevent superior courts from being overcrowded with matters triable by junior courts.

Suits to be instituted where subject-matter situate

Section 16 governs territorial jurisdiction for immovable property, mandating that suits for recovery, partition, mortgage foreclosure/redemption, determination of rights, or damage to land must be filed where the property is situated. The proviso permits filing where the defendant resides if relief can be obtained entirely through their personal obedience.

Suits for immovable property situate within jurisdiction of different Courts

Section 17 allows a suit concerning immovable property situated across the territorial jurisdictions of different courts to be filed in any court where any portion of the property is located. However, the proviso requires that the entire aggregate claim must be within that court's pecuniary jurisdiction.

Place of institution of suit where local limits of jurisdiction of Courts are uncertain

Section 18 provides a practical mechanism when boundary lines between two or more civil courts are uncertain, allowing any such court to record a statement of uncertainty and try the suit. On appeal or revision, an objection on this ground is barred unless there was no genuine uncertainty and a failure of justice resulted.

Suits for compensation for wrongs to person or movables

Section 19 governs territorial jurisdiction in tortious actions for compensation regarding wrongs committed against a person or movable property. It gives the plaintiff the exclusive option to file the suit either where the wrong was committed or where the defendant resides, carries on business, or works for gain.

Other suits to be instituted where defendants reside or cause of action arises

Section 20 is the residuary provision for territorial jurisdiction in civil and commercial actions, allowing suits to be filed where the defendant resides or works, where any defendant resides with court leave/acquiescence, or where the cause of action arises wholly or in part. Its Explanation defines corporate presence at its principal office or at a branch office where a cause of action also arises.

Objections to jurisdiction

Section 21 mandates that no objection regarding the place of suing (territorial), pecuniary limits, or local execution competence shall be entertained by an appellate or revisional court unless it was raised in the court of first instance at the earliest opportunity (at or before settlement of issues) AND resulted in a consequent failure of justice.

Bar on suit to set aside decree on objection as to place of suing

Section 21A prohibits any substantive suit from being instituted to challenge or set aside a decree passed in a former suit between the same parties on the ground of lack of territorial jurisdiction (place of suing). The Explanation defines 'former suit' as any suit decided prior in time.

Power to transfer suits which may be instituted in more than one Court

Section 22 empowers a defendant to apply for the transfer of a suit when it could have been legitimately instituted in more than one court. The application must be made after notice to other parties at the earliest possible opportunity, at or before the settlement of issues.

To what Court application lies

Section 23 determines the competent forum for filing a transfer application under Section 22: to the common Appellate Court if subordinate to the same appellate forum, to the High Court if subordinate to different appellate courts in the same State, or to the High Court within whose jurisdiction the suit is presently pending if subordinate to different High Courts.

General power of transfer and withdrawal

Section 24 confers broad discretionary supervisory powers on High Courts and District Courts, either suo motu or on party application at any stage, to transfer or withdraw any suit, appeal, or execution proceeding across subordinate courts. It specifically permits de novo trial or resumption from the point of transfer, and under sub-section (5), allows transfer even from a court lacking jurisdiction.

Power of Supreme Court to transfer suits, etc.

Section 25 empowers the Supreme Court of India, upon party application supported by an affidavit, to transfer any civil suit, appeal, or proceeding from a court in one State to a court in another State whenever expedient for the ends of justice. It safeguards against frivolous petitions with compensatory costs up to ₹2,000 and mandates that the substantive law of the original forum governs the transferred proceeding.

Institution of suits

Section 26 sets forth the foundational rule for commencing a civil action, mandating that every suit must be instituted by presenting a plaint (or as prescribed) and that the averments of fact in every plaint must be substantiated by an affidavit, including the Statement of Truth under Order VI Rule 15A for commercial suits.

Summons to defendants

Section 27 mandates that upon the due institution of a civil suit, summons must be issued requiring the defendant to appear and answer the claim, prescribing that such summons be served in the manner prescribed within a statutory timeline not exceeding thirty days from the date of institution.

Service of summons where defendant resides in another State

Section 28 regulates the inter-state service of summons, permitting a court to transmit summons to a subordinate court in another State for service under that State's procedural rules, with a mandate to return the summons with endorsement of service and certified Hindi or English translations where court languages differ.

Service of foreign summonses

Section 29 provides for reciprocal recognition and service of summonses and judicial processes within India that originate from non-CPC Indian territories, Central Government-established foreign civil courts, or notified reciprocating foreign jurisdictions, permitting them to be served as if issued by domestic courts.

Power to order discovery and the like

Section 30 vests civil courts with broad supervisory and inquisitorial powers, exercisable suo motu or on application at any stage, to order discovery, interrogatories, admission, inspection, and production of documents, issue witness or document summonses, and direct any fact to be proved by affidavit.

Summons to witness

Section 31 extends the statutory rules governing summons to defendants (Sections 27, 28, and 29) mutatis mutandis to summonses issued to witnesses for giving oral evidence or producing documents and material objects.

Penalty for default

Section 32 arms civil courts with coercive enforcement powers to compel the attendance of any person summoned under Section 30, authorizing the issuance of an arrest warrant, attachment and sale of property, imposition of a fine up to ₹5,000, and committal to civil prison for failing to furnish appearance security.

Judgment and decree

Section 33 mandates the formal culmination of every civil trial: upon hearing arguments, the court must pronounce a reasoned judgment stating the grounds of its decision, which must be followed by the drawing up of a formal decree conclusively determining the rights of the parties.

Interest

Section 34 regulates the award of interest in money decrees across three distinct phases: pre-suit interest (governed by contract/substantive law), pendente lite interest (discretionary from suit institution to decree), and post-decree future interest (capped at 6% p.a. for non-commercial debts, or contractual/nationalised bank lending rates for commercial transactions). Silence in the decree operates as a statutory bar against claiming future interest via a separate suit.

Costs

Section 35 codifies the court's discretion over litigation costs under the fundamental doctrine that 'costs follow the event' (the loser pays). For commercial disputes under the Commercial Courts Act, 2015, Section 35 is substituted with a progressive 'actual costs' regime encompassing witness fees, legal expenses, party conduct, unreasonable refusal of settlement offers, and interest on costs.

Compensatory costs in respect of false or vexatious claims or defences

Section 35A empowers civil and executing courts (excluding appellate or revisional courts) to award compensatory costs up to ₹3,000 against a party who knowingly raises a false or vexatious claim or defence that is subsequently disallowed, abandoned, or withdrawn. The award operates without prejudice to criminal liability and must be adjusted in any subsequent suit for malicious prosecution or damages.

Costs for causing delay

Section 35B empowers civil courts to penalize unnecessary adjournments or failure to take prescribed steps by awarding day costs to reimburse the attending opponent. The timely payment of such costs on the very next hearing date is a mandatory condition precedent, default of which operates to bar the plaintiff from prosecuting the suit or the defendant from defending it, with unpaid costs directly executable as an independent decree.

Application to orders

Section 36 establishes that all statutory provisions of the Code governing the execution of decrees, including monetary payments and coercive recovery under Order XXI, apply mutatis mutandis to the execution and enforcement of judicial orders.

Definition of Court which passed a decree

Section 37 expands the statutory definition of the 'Court which passed a decree' for execution purposes to encompass the trial court of first instance (when decrees are modified or confirmed in appeal) and any successor court having territorial jurisdiction over the subject-matter if the original court ceased to exist or if administrative boundaries were reorganized.

Court by which decree may be executed

Section 38 establishes the core jurisdictional mandate for execution of civil decrees, prescribing that a decree can only be executed either by the court that originally passed it (as defined under Section 37) or by a transferee court to which it has been formally transmitted for execution under Section 39.

Transfer of decree

Section 39 governs the transmission and transfer of decrees for execution to another court of competent jurisdiction when the judgment-debtor resides or owns assets outside the trial court's territory. Sub-section (4), inserted by the 2002 amendment, enacts a strict statutory prohibition precluding any court from executing a decree against persons or properties located beyond its territorial limits.

Transfer of decree to Court in another State

Section 40 provides for inter-state transmission of decrees for execution, directing that the decree be sent to the competent civil court in the destination State and executed in accordance with the High Court rules and local civil procedure applicable in that State.

Result of execution proceedings to be certified

Section 41 mandates that once execution proceedings conclude, the transferee court must formally certify the result (whether full satisfaction, partial realization, or failure to execute with reasons) back to the court that originally passed the decree, thereby restoring jurisdiction to the originating court.

Powers of Court in executing transferred decree

Section 42 defines the jurisdictional scope of a transferee court executing a transferred decree, clothing it with the full powers of the originating court (including punishing obstruction, entertaining appeals against execution orders, impleading legal representatives under Section 50, and re-transferring under Section 39), while expressly withholding the power to entertain execution by an assignee of the decree or granting leave to execute against unadjudicated partners of a firm.

Execution of decrees passed by Civil Courts in places to which this Code does not extend

Section 43 facilitates the execution within CPC-governed Indian territories of decrees passed by civil courts located in non-CPC areas of India or by Central Government-established courts outside India, provided such decrees cannot be satisfied within their originating jurisdiction.

Execution of decrees passed by Revenue Courts in places to which this Code does not extend

Section 44 empowers State Governments to notify in the Official Gazette that decrees passed by Revenue Courts located in non-CPC parts of India may be recognized and executed within that State as if they were decrees passed by domestic courts of that State.

Execution of decrees passed by Courts in reciprocating territory

Section 44A establishes a direct enforcement mechanism for foreign money decrees passed by designated superior courts of notified reciprocating territories (such as the UK, UAE, and Singapore), allowing them to be executed directly in an Indian District Court as domestic decrees, provided they are not for taxes, fines, or arbitral awards, and survive the scrutiny of Section 13(a)–(f).

Execution of decrees outside India

Section 45 enables Indian civil courts to transmit decrees for execution to courts established by the Central Government outside India (such as consular courts or extraterritorial tribunals), conditioned upon a State Government Official Gazette notification declaring the application of this section.

Precepts

Section 46 provides an urgent pre-execution conservatory remedy termed a 'precept', whereby the court which passed a decree directs another competent court to immediately attach the judgment-debtor's assets located in its jurisdiction to prevent alienation. The interim attachment lapses automatically after two months unless extended by the trial court or perfected by a formal Section 39 transfer and sale application.

Questions to be determined by the Court executing decree

Section 47 enacts the foundational single-window rule of execution, mandating that all disputes arising between the parties or their legal representatives relating to the execution, discharge, or satisfaction of a decree must be adjudicated exclusively by the executing court and strictly bars any separate civil suit. It expressly treats auction purchasers and dismissed parties as parties to the suit.

Execution barred in certain cases (Repealed)

Section 48, which previously imposed a 12-year maximum time limit on the execution of certain civil decrees, was repealed by Section 28 of the Limitation Act, 1963, and replaced by Article 136 of the Schedule to the Limitation Act, 1963.

Transferee

Section 49 applies the equitable principle that an assignee of a decree steps into the shoes of the original decree-holder, taking the decree subject to all equities, cross-claims, and adjustments that the judgment-debtor could have asserted against the assignor.

Legal representative

Section 50 provides for the execution of a decree against the legal representatives of a deceased judgment-debtor, limiting their pecuniary liability strictly to the extent of the deceased's estate that came into their hands and has not been duly administered, and empowering the executing court to compel the production of accounts to determine asset devolution.

Powers of Court to enforce execution

Section 51 enumerates the five core statutory modes of executing civil decrees: delivery of property, attachment and sale, civil imprisonment, appointment of a receiver, or other bespoke reliefs. Under its mandatory proviso, civil imprisonment for money decrees is strictly conditioned upon showing cause and proving contumacious refusal despite having means, fraudulent dissipation of assets, or breach of fiduciary trust.

Enforcement of decree against legal representative

Section 52 governs the execution of decrees passed directly against legal representatives for debts of a deceased person. While execution is primarily restricted to the deceased's estate, the legal representative becomes personally liable to the extent of any assets proved to have come into their hands which they cannot prove were duly applied to discharge the deceased's lawful liabilities.

Liability of ancestral property

Section 53 creates a statutory legal fiction for Sections 50 and 52, deeming coparcenary and ancestral property held by a son or descendant that is liable for an ancestor's non-immoral debts under Hindu law (pious obligation) to be property of the deceased that devolved upon the descendant as a legal representative.

Partition of estate or separation of share

Section 54 provides that where a decree is for the partition or separate possession of a share in an undivided revenue-paying estate, the partition shall be effected directly by the Court in accordance with applicable partition laws, and if necessary, on the basis of a report from a revenue officer not below the rank of Tahsildar or a court-appointed Commissioner.

Arrest and detention

Section 55 sets out the statutory procedure and safeguards governing the arrest and civil imprisonment of a judgment-debtor in execution of a decree. It prohibits nighttime entry into dwelling houses, protects pardanashin women, mandates immediate release upon payment of the decretal debt and costs, and provides an insolvency recourse mechanism allowing release upon furnishing security to file for insolvency within one month.

Prohibition of arrest or detention of women in execution of decree for money

Section 56 imposes an absolute statutory prohibition against the arrest or civil imprisonment of any woman in execution of a money decree, overriding all other execution provisions in Part II of the Code.

Subsistence-allowance

Section 57 empowers State Governments to prescribe scales of monthly subsistence allowance payable by a decree-holder for the maintenance of a judgment-debtor detained in civil prison.

Detention and release

Section 58 prescribes the statutory maximum duration for civil imprisonment in execution of money decrees: up to 3 months for claims exceeding ₹5,000, up to 6 weeks for claims between ₹2,000 and ₹5,000, and an absolute bar against detention where the decree does not exceed ₹2,000. Release does not extinguish the debt, but the debtor enjoys absolute immunity against re-arrest under that decree.

Release on ground of illness

Section 59 provides humanitarian relief authorizing the cancellation of arrest warrants or release of judgment-debtors on grounds of serious illness or infectious diseases at pre-arrest, post-arrest, or post-committal stages. Unlike Section 58 releases, a debtor released on medical grounds may be re-arrested once recovered, subject to the aggregate detention cap under Section 58.

Property liable to attachment and sale in execution of decree

Section 60 governs the attachment and sale of a judgment-debtor's assets in execution of a civil decree. It enumerates all attachable property while carving out extensive, mandatory exemptions—including basic subsistence items, artisan tools, agriculturist dwellings and implements, pensions, provident funds (PF/PPF), life insurance proceeds, residential tenancy rights, and calculated portions of salary—and renders any contractual waiver of these exemptions completely void.

Partial exemption of agricultural produce

Section 61 empowers the State Government to issue gazette notifications exempting necessary portions of agricultural produce from attachment or execution sale to ensure seed for future cultivation and sustenance for the farmer and their family until the next harvest.

Seizure of property in dwelling-house

Section 62 regulates the execution of warrants for the seizure of movable property inside dwelling-houses. It prohibits nocturnal entries between sunset and sunrise, restricts breaking open outer doors to situations where an occupying debtor actively prevents access, and mandates procedural safeguards to protect the privacy of pardanashin women.

Property attached in execution of decrees of several Courts

Section 63 establishes the jurisdictional hierarchy and conflict-resolution rules when the same property is concurrently attached by multiple civil courts. Custody, realization, and adjudication of claims are assigned to the Court of highest pecuniary grade, or among courts of equal grade, to the Court that attached the property first in time, while protecting bona fide execution proceedings.

Private alienation of property after attachment to be void

Section 64 renders any private transfer, alienation, mortgage, or delivery of attached property void as against all claims enforceable under the court's attachment (including rateable distribution under Section 73). Under sub-section (2), this invalidity does not affect transfers executed in pursuance of a bona fide agreement entered into and registered prior to the attachment.

Purchaser’s title

Section 65 codifies the doctrine of 'relation back' for court auction purchasers of immovable property. Once an execution sale is confirmed and becomes absolute under Order XXI Rule 92, legal ownership and title are deemed to have vested in the purchaser retrospectively from the date of the auction sale rather than the date of confirmation or issuance of the sale certificate.

Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff [Repealed]

Section 66 previously prohibited suits against certified court auction purchasers on the ground that the purchase was made benami on behalf of the plaintiff. It was formally repealed by Section 7 of the Benami Transactions (Prohibition) Act, 1988 (now Prohibition of Benami Property Transactions Act, 1988).

Power for State Government to make rules as to sales of land in execution of decrees for payment of money

Section 67 empowers the State Government to frame rules regulating the execution sale of land or uncertain interests in land for satisfaction of money decrees, preserve or modify local pre-existing land sale rules, and mandates that all such rules be laid before the State Legislature.

Power to prescribe rules for transferring to Collector execution of certain decrees [Repealed]

Section 68 previously enabled State Governments to frame rules transferring the execution of decrees against immovable property to the Collector. It was repealed by the Code of Civil Procedure (Amendment) Act, 1956.

Provisions of Third Schedule to apply [Repealed]

Section 69 previously made the procedural provisions of the Third Schedule applicable when execution was transferred to the Collector. It was repealed alongside the Third Schedule by the CPC (Amendment) Act, 1956.

Rules of procedure [Repealed]

Section 70 formerly conferred rule-making powers upon State Governments to regulate the procedure of Collectors executing civil court decrees. It was repealed by the CPC (Amendment) Act, 1956.

Jurisdiction of Civil Courts barred [Repealed]

Section 71 formerly barred the jurisdiction of civil courts over matters committed to the Collector during execution proceedings. It was repealed by the CPC (Amendment) Act, 1956.

Collector to be deemed to be acting judicially [Repealed]

Section 72 previously provided that a Collector executing a civil decree was deemed to be acting judicially. It was repealed by the Code of Civil Procedure (Amendment) Act, 1956.

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

Section 73 establishes the statutory scheme of rateable distribution, ensuring that when assets realized in execution against a common judgment-debtor are held by a court, all creditors who applied for execution of money decrees prior to the receipt of such assets share the proceeds pro-rata after deducting realization expenses, while preserving priority for secured mortgagees, crown debts, and suits for refund against wrongful recipients.

Resistance to execution

Section 74 empowers the executing court to punish unjustified resistance or obstruction to the delivery of immovable property to a decree-holder or auction purchaser by committing the judgment-debtor or their agent to civil prison for up to 30 days and directing immediate physical delivery of possession.

Power of Court to issue commissions

Section 75 confers broad statutory power upon civil courts to appoint court commissioners to perform delegated functions that the court cannot conveniently perform itself, including witness examination, local site inspections, taking accounts, partitioning properties, conducting scientific or expert investigations, selling perishable goods, and executing ministerial acts.

Commission to another Court

Section 76 authorizes a civil court to issue a commission for witness examination to a subordinate court in another State having territorial jurisdiction over the witness's place of residence, and mandates that the receiving court execute the commission and transmit the recorded evidence back to the issuing court.

Letter of request

Section 77 empowers Indian civil courts to issue a Letter of Request (Letters Rogatory) through diplomatic channels to judicial authorities of a foreign country to examine a witness residing outside India in lieu of issuing a formal commission.

Commissions issued by foreign Courts

Section 78 governs the reciprocal execution within India of witness examination commissions issued by external courts, including courts in parts of India where the CPC does not extend, Central Government courts established abroad, and foreign courts of reciprocating states.

Suits by or against Government

Section 79 prescribes the formal title and juristic persona under which the Government must sue or be sued in civil courts, mandating the designation 'Union of India' for Central Government actions and the name of the respective 'State' for State Government actions, in consonance with Article 300 of the Constitution of India.

Notice

Section 80 prescribes a mandatory condition precedent requiring a 2-month written statutory notice prior to instituting any civil suit against the Government or a public officer acting in their official capacity, giving authorities time to settle claims without litigation. It provides an exemption allowing urgent interim suits with leave of the court under sub-section (2), while sub-section (3) protects notices from dismissal over mere technical or minor drafting defects.

Exemption from arrest and personal appearance

Section 81 extends statutory protection to public officers sued in their official capacity by immunizing them and their property from pre-judgment arrest and attachment before judgment (under Order XXXVIII), and mandating exemption from personal court appearance where absence from public duty would cause public detriment.

Execution of decree

Section 82 prescribes a mandatory three-month statutory moratorium on the execution of any civil decree, court order, or award passed against the Union of India, a State Government, or a public officer acting in an official capacity, prohibiting warrants of attachment or execution until three months have elapsed from the date of the decree to allow administrative disbursement.

When aliens may sue

Section 83 defines the civil litigation rights of foreign nationals, granting alien friends and licensed alien enemies the same standing to sue in competent Indian civil courts as Indian citizens, while strictly barring unpermitted alien enemies residing in India or abroad from instituting suits.

When foreign States may sue

Section 84 recognizes the sovereign standing of recognized foreign States to sue as plaintiffs in competent Indian courts, strictly conditional upon the suit seeking to enforce a private right vested in the Ruler or an officer of such State in their public capacity, rather than asserting political sovereignty.

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

Section 85 empowers the Central Government, upon diplomatic request, to appoint designated persons as recognized agents to institute, prosecute, or defend civil suits on behalf of a Ruler of a foreign State, with full statutory authority to sign pleadings, engage counsel, and delegate representative acts.

Suits against foreign Rulers, Ambassadors and Envoys

Section 86 codifies the statutory doctrine of foreign sovereign immunity, mandating prior written consent of the Central Government to sue a foreign State, Ruler, or diplomatic envoy, providing limited exceptions for tenancy claims and commercial activities, shielding diplomats from civil arrest, and requiring a fair hearing prior to any refusal of consent.

Style of foreign Rulers as parties to suits

Section 87 mandates that the Ruler of a foreign State must sue and be sued in the official name of their State rather than personally, unless the Central Government directs otherwise when granting statutory consent under Section 86.

Definitions of “Foreign State” and “Rulers”

Section 87A defines 'foreign State' and 'Ruler' strictly based on diplomatic recognition by the Central Government, and mandates that civil courts take mandatory judicial notice of sovereign and head-of-state recognition status without requiring formal evidence.

Application of sections 85 and 86 to Rulers of former Indian States

Section 87B extends the protections of Section 85 and subsections (1) & (3) of Section 86 (prior Central Government consent for suits and execution) to Rulers of former Indian Princely States, strictly restricted to claims where the cause of action arose prior to the commencement of the Constitution (January 26, 1950).

Where interpleader suit may be instituted

Section 88 empowers a neutral stakeholder or debtor holding property or money with no beneficial interest (except costs/charges) to institute an interpleader suit against rival adverse claimants to judicially determine rightful ownership and obtain statutory indemnity, provided no pending suit already allows proper adjudication of all claims.

Settlement of disputes outside the Court

Section 89 mandates civil courts to actively explore alternative dispute resolution (ADR) whenever elements of settlement exist, empowering judicial reference of disputes to arbitration, conciliation, Lok Adalat/judicial settlement, or mediation to reduce docket congestion and achieve amicable resolutions.

Power to state case for opinion of Court

Section 90 empowers parties having a bona fide dispute on questions of law or fact to mutually submit an agreed stated case in writing for the determination and binding opinion of the Court in accordance with Order XXXVI.

Public nuisances and other wrongful acts affecting the public

Section 91 provides comprehensive civil remedies (declaration, injunction, or other reliefs) against public nuisances and public wrongs, authorizing suits by the Advocate-General or by two or more citizens with leave of the court without requiring proof of special damage, while safeguarding independent common-law private rights of action.

Public charities

Section 92 governs representative suits for public religious and charitable trusts, empowering the Advocate-General or two or more interested persons with leave of the District Court to seek trustee removal, appointment, scheme framing, accounts, and application of trust funds under the cy-près doctrine.

Exercise of powers of Advocate-General outside presidency-towns

Section 93 empowers the District Collector or any specially appointed state officer to exercise the powers of the Advocate-General under Sections 91 (public nuisance) and 92 (public charities) outside presidency towns, subject to the previous sanction of the State Government.

Supplemental proceedings

Section 94 establishes the court's core supplemental and interlocutory powers to prevent the ends of justice from being defeated, anchoring arrest before judgment, attachment before judgment, temporary injunctions, appointment of receivers, and just interlocutory orders.

Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Section 95 enables a defendant to summarily claim statutory compensation up to ₹50,000 against a plaintiff who obtained arrest, attachment, or a temporary injunction on insufficient grounds or without reasonable cause, while barring subsequent separate civil suits for damages once decided.

Appeal from original decree

Section 96 establishes the foundational statutory right of First Appeal against any original civil decree on both law and fact, allows appeals against ex parte decrees, strictly bars appeals against consent decrees, and restricts appeals in minor small-cause matters under ₹10,000 solely to questions of law.

Appeal from final decree where no appeal from preliminary decree

Section 97 codifies statutory preclusion and finality, establishing that if a party aggrieved by a preliminary decree fails to appeal against it within limitation, they are forever barred from challenging its correctness or findings in an appeal against the subsequent final decree.

Decision where appeal heard by two or more Judges

Section 98 prescribes the procedure when an appellate Bench of two or more Judges hears an appeal, providing that decisions follow the majority opinion, confirming the lower court decree if an evenly divided Bench splits without a majority, allowing reference of differing points of law to a third Judge, and preserving High Court Letters Patent provisions.

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

Section 99 codifies the harmless error rule in civil appeals, barring appellate courts from reversing, substantially modifying, or remanding any decree due to technical errors, procedural irregularities, or misjoinder of parties/causes of action that do not affect the merits or jurisdiction, with a strict exception for the non-joinder of a necessary party.

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

Section 99A extends the harmless error doctrine specifically to execution proceedings under Section 47, prohibiting appellate or revisional courts from reversing or substantially modifying any execution order due to procedural defects unless actual prejudice to the decision is proven.

Second appeal

Section 100 governs Second Appeals to the High Court from appellate civil decrees, restricting jurisdiction exclusively to cases involving a substantial question of law which must be precisely stated in the memorandum, judicially formulated by the High Court, and argued accordingly.

No further appeal in certain cases

Section 100A completely abolishes intra-court appeals (Letters Patent Appeals) to a Division Bench from any judgment, decree, or order passed by a Single Judge of a High Court exercising appellate jurisdiction over an original or appellate decree or order.

Second appeal on no other grounds

Section 101 strictly reinforces the jurisdictional exclusivity of Section 100, declaring that no second appeal is maintainable on any grounds whatsoever other than the existence of a substantial question of law.

No second appeal in certain cases

Section 102 bars second appeals from any civil decree where the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees, regardless of whether a substantial question of law is involved.

Power of High Court to determine issue of fact

Section 103 empowers the High Court in a Second Appeal, where record evidence is sufficient, to directly determine essential issues of fact that were left undecided or wrongly decided by subordinate courts due to legal errors, avoiding prolonged and unnecessary remands.

Orders from which appeal lies

Section 104 enumerates the specific interlocutory and miscellaneous orders from which an appeal is maintainable (including compensatory costs under Sec 35A, refusal of leave under Sec 91/92, Sec 95 compensation, fines/civil arrests, and orders under Order XLIII Rule 1), while strictly barring any second appeal from an appellate order.

Other orders

Section 105 bars direct appeals from non-appealable interlocutory orders, but allows parties to challenge any such order affecting the decision as a ground in the appeal against the final decree, while strictly precluding challenges to an appealable order of remand if not appealed immediately.

What Courts to hear appeals

Section 106 determines the appellate forum for appeals against orders, specifying that the appeal lies to the court that would hear an appeal from the decree in that suit, or to the High Court if the order was passed by a subordinate appellate court.

Powers of Appellate Court

Section 107 outlines the core statutory powers of civil appellate courts, authorizing final determination, remand, framing of referred issues, and admission of additional evidence, while conferring co-extensive powers and duties identical to trial courts of original jurisdiction.

Procedure in appeals from appellate decrees and orders

Section 108 applies the procedural provisions governing First Appeals (from original decrees) mutatis mutandis to Second Appeals (from appellate decrees) and Miscellaneous Appeals (from orders under CPC or special/local laws), ensuring procedural uniformity.

When appeals lie to the Supreme Court

Section 109 aligns statutory civil appeals to the Supreme Court with Article 133 of the Constitution, allowing appeals from any judgment, decree, or final order of a High Court only when the High Court certifies that the case involves a substantial question of law of general importance requiring Supreme Court determination.

Value of subject matters [Repealed]

Section 110, which previously prescribed valuation thresholds (originally ₹10,000, later ₹20,000) for appeals to the Supreme Court, was repealed and omitted by the CPC (Amendment) Act, 1973 following the 30th Constitutional Amendment.

Bar of certain appeals [Repealed]

Section 111, which historically barred certain direct appeals to His Majesty in Council (Privy Council) from single judge benches, was omitted by the Adaptation of Laws Order, 1950 upon India becoming a Republic.

Appeals to Federal Court [Repealed]

Section 111A, which briefly governed appeals to the Federal Court under the Government of India Act 1935, was repealed by the Federal Court Act, 1941.

Savings

Section 112 preserves the extraordinary constitutional powers of the Supreme Court under Article 136 (Special Leave Petitions) and its rule-making authority from any CPC restrictions, while exempting criminal, admiralty, and prize court jurisdictions from Part VII.

Reference to High Court

Section 113 empowers subordinate courts to refer questions of law to the High Court under Order XLVI, and makes it mandatory to refer cases involving the constitutional or statutory validity of any Act, Ordinance, or Regulation which the subordinate court considers invalid but which has not yet been declared invalid by the High Court or Supreme Court.

Review

Section 114 provides the substantive statutory right of Review, empowering an aggrieved person to apply to the very court that passed a decree or order for re-examination of its judgment where no appeal has been preferred or where no appeal is allowed by law.

Revision

Section 115 confers supervisory revisional jurisdiction on the High Court over non-appealable cases decided by subordinate courts strictly on jurisdictional errors (usurpation, failure to exercise, or illegal/material irregularity), subject to the strict 1999 proviso requiring that reversing the order would have finally disposed of the suit.

Part to apply only to certain High Courts

Section 116 demarcates the territorial and constitutional scope of Part IX, restricting its application strictly to established High Courts and excluding historical courts of Judicial Commissioners.

Application of Code to High Courts

Section 117 provides for the general application of the Code of Civil Procedure to High Courts, except where varied or excluded by the special provisions of Part IX, the rule-making powers under Part X, or High Court Original Side rules.

Execution of decree before ascertainment of costs

Section 118 enables a High Court exercising original civil jurisdiction to order immediate, partial execution of a substantive decree forthwith, while deferring execution regarding costs until such costs are formally taxed and quantified.

Unauthorized persons not to address Court

Section 119 prohibits unauthorized persons from addressing the High Court on its Original Side or examining witnesses on behalf of parties, strictly preserving the exclusive right of audience of enrolled legal practitioners and the High Court's charter rule-making powers.

Provisions not applicable to High Court in original civil jurisdiction

Section 120 explicitly excludes the territorial jurisdiction rules of Sections 16, 17, and 20 of CPC from applying to High Courts exercising original civil jurisdiction, which are instead governed by their respective Letters Patent (e.g. Clause 12).

Effect of rules in First Schedule

Section 121 establishes the statutory force of the rules contained in the First Schedule (Orders 1 to 51), declaring that they carry the full force of law as if enacted within the substantive body of the Code until amended, annulled, or altered under Part X.

Power of certain High Courts to make rules

Section 122 empowers High Courts, after previous publication, to frame rules regulating their own procedure and that of subordinate civil courts, with full authority to annul, amend, or add to any of the procedural rules in the First Schedule.

Constitution of Rules Committees in certain States

Section 123 provides for the formal establishment, composition, and governance of the statutory Rule Committee at each High Court seat, comprising High Court Judges, senior advocates, and a subordinate civil judge to formulate and review procedural rule amendments.

Committee to report to High Court

Section 124 makes it mandatory for the statutory Rule Committee to examine and report on any proposed amendments or additions to procedural rules, requiring the High Court to formally consider this report before exercising its rule-making powers under Section 122.

Power of other High Courts to make rules

Section 125 extends rule-making powers to other High Courts (such as historical Judicial Commissioners or newly reorganized High Courts) subject to conditions determined by the State Government, and authorizes adoption of procedural rules already framed by other High Courts.

Rules to be subject to approval

Section 126 requires that any procedural rules or First Schedule amendments framed by a High Court under Part X must obtain the previous approval of the appropriate State Government (or the Central Government for Union Territories) before taking legal effect.

Publication of rules

Section 127 provides that rules made and approved under Part X must be published in the Official Gazette, conferring upon them full statutory force and effect within the High Court's jurisdiction from the date of publication as if originally enacted in the First Schedule.

Matters for which rules may provide

Section 128 enumerates the substantive scope of rule-making powers under Part X, establishing that while rules must remain consistent with the body of the Code, High Courts may regulate civil court procedure including service of process, garnishee orders, counterclaims, summary procedure, third-party indemnity, originating summons, consolidation, and administrative delegations.

Power of High Courts to make rules as to their original Civil procedure

Section 129 confers overriding authority upon High Courts exercising original civil jurisdiction to frame rules regulating their own original side procedure (consistent with their Letters Patent or charter), establishing that High Court Original Side Rules prevail over inconsistent provisions of the Code of Civil Procedure.

Powers of other High Courts to make rules as to matters other than procedure

Section 130 authorizes High Courts not possessing original civil jurisdiction under Section 129 to frame rules regarding administrative and non-procedural matters across subordinate territories (akin to powers under Article 227 of the Constitution), subject to previous approval of the State Government.

Publication of rules

Section 131 mandates that rules framed under Section 129 (original civil procedure) or Section 130 (administrative non-procedural matters) must be published in the Official Gazette, upon which they acquire the full force of law from the date of publication or as specified.

Exemption of certain women from personal appearance

Section 132 provides an exemption from personal appearance in court to women whose customary traditions or social manners dictate seclusion from public appearance (pardanashin women), while clarifying that this privilege does not bar civil arrest where not otherwise prohibited by the Code.

Exemption of other persons

Section 133 exempts high constitutional and judicial dignitaries—including the President, Vice-President, Union/State Ministers, Governors, Presiding Officers of Parliament/Legislatures, Supreme Court and High Court Judges—from personal appearance in civil courts, mandating their examination via commission at the claimant's or summoning party's expense.

Arrest other than in execution of decree

Section 134 extends the statutory safeguards of civil arrest—namely Section 55 (procedure, hours, and place of arrest), Section 57 (subsistence allowance), and Section 59 (release on grounds of serious illness)—to all persons arrested under any provision of the Code, including arrest before judgment.

Exemption from arrest under civil process

Section 135 codifies the doctrine of privilege from civil arrest (eundo, morando, et redeundo) for Judges, judicial officers, advocates, parties, agents, and summoned witnesses while travelling to, attending, or returning from court or tribunal proceedings, subject to exceptions for contempt and show-cause execution hearings.

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

Section 135A confers statutory parliamentary and legislative privilege upon members of Parliament, State Legislatures, Union Territory Assemblies, and their committees, shielding them from arrest or detention under civil process during legislative sessions and committee meetings, as well as for forty days before and after such proceedings.

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

Section 136 establishes the inter-district procedure for executing interlocutory arrest warrants or attachment orders (such as arrest or attachment before judgment under Order XXXVIII) against persons or property situated outside the trial court's territorial jurisdiction, directing execution through the transferee District Court or Presidency Small Causes Court upon deposit of costs.

Language of subordinate Courts

Section 137 empowers the State Government to declare the official language and script of subordinate civil courts, while permitting pleadings and proceedings (other than evidence) to be submitted in English, subject to the right of non-English literate parties or pleaders to obtain translations at determined costs.

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

Section 138 empowers the High Court to notify that designated subordinate judges record witness depositions in English in appealable civil cases, and provides that if prevented from writing personally, the judge must record reasons and have the evidence taken down by open-court dictation.

Oath on affidavit by whom to be administered

Section 139 enumerates the competent authorities authorized to administer oaths to deponents swearing affidavits under the Code of Civil Procedure, including courts, magistrates, notaries under the Notaries Act, 1952, and High Court appointed oath commissioners.

Assessors in causes of salvage, etc.

Section 140 empowers courts exercising admiralty jurisdiction in salvage, towage, or collision suits to summon two competent nautical assessors to assist the court on technical maritime questions, mandating their appointment upon the request of either party.

Miscellaneous proceedings

Section 141 applies the civil suit procedure laid down in the CPC, as far as practicable, to all miscellaneous proceedings in civil courts—expressly including applications under Order IX while specifically excluding writ proceedings under Article 226 of the Constitution.

Orders and notices to be in writing

Section 142 mandates that every order and notice served upon or communicated to any person under the provisions of the Code of Civil Procedure must be in writing.

Postage

Section 143 requires that postage charges and registration fees for summonses, notices, or judicial letters forwarded by post must be paid by the litigant within a time fixed by the court prior to dispatch, subject to the State Government's power to remit fees or levy consolidated court-fees in lieu thereof.

Application for restitution

Section 144 codifies the equitable doctrine of restitution (actus curiae neminem gravabit), mandating that when a decree or order is reversed, varied, or set aside, the court of first instance must restore the successful party to the exact position they would have occupied but for the erroneous decree, awarding possession, refund of costs, interest, damages, and mesne profits, while barring separate suits for restitution under sub-section (2).

Enforcement of liability of surety

Section 145 enables decree-holders to enforce the liability of a surety—whether personal or secured against property—directly in decree execution proceedings without instituting a separate suit, treating the surety as a deemed party under Section 47, subject to mandatory prior notice.

Proceedings by or against representatives

Section 146 facilitates procedural continuity and devolution of interest, enabling any person claiming under a party (such as transferees pendente lite, legal representatives, or assignees) to initiate or defend proceedings and maintain applications which the original party could have made.

Consent or agreement by persons under disability

Section 147 provides that any consent or agreement entered into on behalf of a person under legal disability (such as a minor or person of unsound mind) by their next friend or court guardian with the express leave of the court possesses full binding legal force as if executed by a competent adult.

Enlargement of time

Section 148 grants courts discretionary power to enlarge any time period fixed or granted for performing acts prescribed or permitted under the Code (such as filing pleadings or depositing costs), up to an aggregate maximum of thirty days, even after the originally granted period has expired.

Right to lodge a caveat

Section 148A codifies the statutory right to lodge a caveat in anticipated or pending civil proceedings, preventing ex-parte interim orders by mandating prior notice and supply of petition copies to the caveator, while limiting the legal lifespan of a caveat to ninety days.

Power to make up deficiency of court-fees

Section 149 grants courts discretionary power at any stage of litigation to permit a litigant to make up any deficiency in court-fees on plaints, appeals, or applications, and establishes that upon payment, the document is retrospectively validated as if the full court-fee had been paid on the original date of presentation.

Transfer of business

Section 150 provides for institutional continuity upon the administrative re-allocation or territorial transfer of court business, vesting the transferee court with all the procedural powers and duties previously possessed by the transferor court.

Saving of inherent powers of Court

Section 151 declares and preserves the court's plenary inherent power to make any orders necessary to secure the ends of justice or to prevent abuse of the judicial process, acting as an indispensable residual fountain of equity where procedural statutes are silent.

Amendment of judgments, decrees or orders

Section 152 enables courts at any time—either suo motu or on application—to rectify clerical or arithmetical mistakes, accidental slips, or omissions in judgments, decrees, and orders to ensure the judicial record accurately reflects the true intention of the court.

General power to amend

Section 153 confers wide general power upon the court to rectify any defect or error in any civil proceeding at any stage, mandating that all necessary amendments must be allowed to determine the real controversy and substantive questions in dispute between the parties.

Power to amend decree or order where appeal is summarily dismissed

Section 153A clarifies that where an appeal is dismissed summarily under Order XLI Rule 11 without issuing notice to the respondent, the trial court of first instance retains full jurisdiction under Section 152 to correct clerical or arithmetical errors in the decree, despite the theoretical doctrine of merger.

Place of trial to be deemed to be open Court

Section 153B codifies the constitutional principle of open justice, mandating that every civil court is deemed an open court accessible to the public, while conferring discretion upon the presiding judge to conduct in-camera proceedings or exclude specific persons when warranted by decency or public interest.

Saving of present right of appeal [Repealed]

Section 154, which historically preserved appellate rights that existed prior to the enactment of the Code of Civil Procedure, 1908, was repealed by the Repealing and Amending Act, 1952 as it became obsolete.

Amendment of certain Acts [Repealed]

Section 155, which provided for consequential amendments to other enactments upon the enactment of the Code of Civil Procedure, 1908, was repealed by the Repealing and Amending Act, 1952.

Repeals [Repealed]

Section 156, which originally repealed the earlier Code of Civil Procedure, 1882 and its amending statutes upon the commencement of the 1908 Code, was repealed by the Second Repealing and Amending Act, 1914.

Continuance of orders under repealed enactments

Section 157 preserves legal continuity upon the commencement of the 1908 Code, establishing that all subordinate notifications, rules, appointments, forms, and delegated powers promulgated under earlier repealed Civil Procedure Codes remain fully effective and binding, provided they are not inconsistent with this Code.

Reference to Code of Civil Procedure and other repealed enactments

Section 158 mandates that statutory cross-references in prior enactments or official notifications referring to repealed Civil Procedure Codes (Act VIII of 1859 or the 1882 Code) shall automatically be construed as referring to the corresponding Part, Order, Section, or Rule of the Code of Civil Procedure, 1908.

Who may be joined as plaintiffs

Provides the cumulative statutory conditions for the permissive joinder of multiple plaintiffs in a single civil suit based on a common transactional origin and common questions of law or fact.

Power of Court to order separate trial

Empowers the trial court to put plaintiffs to election or order separate trials where the joinder of multiple plaintiffs, though technically permissible, embarrasses or delays the fair trial of the suit.

Who may be joined as defendants

Governs the permissive joinder of multiple defendants in a single suit based on a transactional nexus and the emergence of common legal or factual issues.

Power to order separate trials where joinder of defendants may embarrass or delay trial

Empowers the trial court to order separate trials against joined defendants if their collective trial would cause procedural embarrassment, prejudice, or delay.

Court may give judgment for or against one or more of joint parties

Authorizes the court to pronounce judgment in favor of entitled plaintiffs or against liable defendants without requiring formal amendment of the pleadings.

Defendant need not be interested in all the relief claimed

Clarifies that a person may be lawfully joined as a defendant even if they are only interested in a part of the subject matter or relief claimed in the suit.

Joinder of parties liable on same contract

Grants the plaintiff an absolute option to sue all or any of the persons jointly and severally liable on a single contract, promissory note, bill of exchange, or commercial instrument in one action.

When plaintiff in doubt from whom redress is to be sought

Enables a plaintiff uncertain about the specific liable party or the apportionment of liability to join two or more potential tortfeasors or obligors in the alternative.

One person may sue or defend on behalf of all in same interest

Governs representative suits where one or more persons sue or defend on behalf of numerous individuals sharing a common interest, establishing mandatory procedures for judicial leave, public notice, compromise scrutiny, and binding res judicata.

Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings

Empowers the civil court to permit an amicus curiae, expert, or public interest organization to submit legal opinions on substantial questions of law directly at issue.

Misjoinder and non-joinder

Establishes that misjoinder or non-joinder of proper parties will not defeat a suit, while creating an absolute statutory exception that the non-joinder of a necessary party is fatal to the action.

Suit in name of wrong plaintiff

The master procedural provision governing the impleadment, substitution, or deletion of parties at any stage of a civil suit to ensure complete and effectual adjudication of the dispute.

Power of Court to request any pleader to address it

Empowers the court to appoint or request an advocate to address it regarding unrepresented interests likely to be impacted by the decree, protecting indigent or unrepresented litigants.

Conduct of suit

Vests the trial court with full supervisory discretion to determine and assign the carriage and active management of the suit to the most suitable party.

Appearance of one of several plaintiffs or defendants for others

Enables co-plaintiffs or co-defendants to authorize one of their number to appear, plead, and act on behalf of the others through a signed written authority filed in court.

Objections as to non-joinder or misjoinder

Mandates that all objections regarding misjoinder or non-joinder of parties must be raised at the threshold at or before settlement of issues, failing which they are conclusively deemed waived.

Frame of suit

Lays down the foundational maxim that civil suits must be comprehensively structured to enable a conclusive and final adjudication of all disputes between the parties and prevent multiplicity of proceedings.

Suit to include the whole claim

Imposes a strict statutory bar against splitting of claims or omitting reliefs arising from the same cause of action, precluding subsequent suits unless explicit prior leave of the court was obtained.

Joinder of causes of action

Permits the joinder of multiple independent causes of action against the same defendant(s) in a single suit, establishing that pecuniary jurisdiction is determined by aggregate claim valuation.

Only certain claims to be joined for recovery of immovable property

Restricts the joinder of extraneous causes of action with a suit for recovery of immovable property, exempting only mesne profits, rent arrears, breach of contract damages, or claims based on the identical cause of action unless prior leave is granted.

Claims by or against executor, administrator or heir

Prohibits mixing personal claims or liabilities with representative claims by or against an executor, administrator, or legal heir, preserving the distinct legal personality of the estate.

Power of Court to order separate trials

Empowers the trial court to order separate trials or bifurcate proceedings where uniting multiple causes of action, though legally permissible, embarrasses, delays, or causes trial inconvenience.

Objections as to misjoinder

Mandates that objections regarding misjoinder of causes of action must be raised at the earliest threshold at or before settlement of issues, failing which they are statutorily deemed waived.

Appearances, etc., may be in person, by recognized agent or by pleader

Establishes the three lawful modes of representation in civil courts (in person, recognized agent, or pleader), while reserving the court's overriding prerogative to mandate personal attendance of the litigant.

Recognised agents

Defines recognized agents competent to act for litigants in civil proceedings, encompassing general or special power-of-attorney holders and non-resident business managers.

Service of process on recognised agent

Equates service of court summons and processes upon a recognized agent to personal service on the litigant, applying all standard procedural rules of service.

Appointment of pleader

The master procedural statute governing advocates' authority (Vakalatnama), mandatory written appointment, duration and termination with court leave, deemed continuation across review/appeal/restitution proceedings, and memoranda of appearance.

Service of process on pleader

Establishes a mandatory legal presumption that any court process served on a party's appointed pleader or delivered at their office/residence is deemed effectively communicated and personally served on the client.

Agent to accept service

Authorizes parties to formally appoint local agents within court jurisdiction to receive summons and notices, empowering the court to compel non-resident unrepresented parties to designate an agent for service.

Suit to be commenced by plaint

Governs the formal institution of civil suits, mandating presentation of the plaint in duplicate and strict compliance with pleading rules in Orders VI & VII as a condition precedent for lawful institution.

Register of suits

Requires the civil court to record admitted plaints sequentially in the statutory Register of Civil Suits, assigning the official annual suit number (CIS CNR/Case Number).

Summons

Governs the issuance of summons upon institution of suit, establishing the standard 30-day timeline for filing written statement, the 90-day discretionary extension in ordinary civil suits, and the mandatory 120-day forfeiture under commercial court jurisdiction.

Copy of plaint annexed to summons

Mandates that every summons served on a defendant must be accompanied by a copy of the plaint, ensuring full knowledge of allegations before answering the claim.

Court may order defendant or plaintiff to appear in person

Authorizes the trial court to order the personal appearance of either the defendant or plaintiff where individual attendance is necessary for examining parties or settling terms.

No party to be ordered to appear in person unless resident within certain limits

Imposes strict territorial and distance limitations protecting distant litigants from being compelled to appear in person in court.

Summons to be either to settle issues or for final disposal

Requires the court at the inception of summons to specify whether the defendant is summoned merely for the settlement of issues or for the summary/final disposal of the suit.

Fixing day for appearance of defendant

Mandates that the returnable court date for the defendant's appearance must allow adequate and realistic time considering court diary, geographical distance, and transmission logistics.

Summons to order defendant to produce documents relied on by him

Requires the summons to explicitly direct the defendant to produce all foundational documents in their possession or power along with their written statement as mandated under Order VIII Rule 1A.

On issue of summons for final disposal, defendant to be directed to produce his witnesses

Directs that when summons is issued for final disposal of the suit, the defendant must be ordered to bring all oral and documentary witnesses to court on the first return date.

Delivery of summons by Court

The primary statutory code for summons transmission, incorporating modern delivery channels (Speed Post, registered post AD, approved couriers, fax, and email) and establishing conclusive legal presumptions of valid service upon postal refusal or 30-day non-return.

Summons given to the plaintiff for service

Authorizes the court to grant 'Dasti' summons directly to the plaintiff for personal service on the defendant, placing the responsibilities and evidentiary duties of a process server upon the plaintiff.

Mode of service

Prescribes the formal physical mode of serving summons by delivering or tendering a duly signed and court-sealed copy.

Service on several defendants

Mandates that where multiple defendants are arrayed in a suit, individual and separate service of summons must be effected on every single defendant.

Service to be on defendant in person when practicable, or on his agent

Establishes personal service on the defendant as the primary and preferred statutory rule, permitting service on an authorized agent as an equivalent alternative.

Service on agent by whom defendant carries on business

Deems service on the local business manager or agent of an outstation trader to be valid service in commercial actions arising out of such business.

Service on agent in charge in suits for immovable property

Permits service of summons on the caretaker, supervisor, or agent in charge of immovable property in property suits where the defendant cannot be found personally.

Where service may be on an adult member of defendant's family

Authorizes service of summons on any adult family member (male or female) residing with the defendant during their prolonged absence, while expressly excluding domestic servants from the definition of family.

Person served to sign acknowledgment

Requires the process server delivering a summons to obtain the recipient's personal signature on the acknowledgment endorsed on the original court summons.

Procedure when defendant refuses to accept service, or cannot be found

Governs service by affixture (चस्पा तामील) where the defendant refuses to sign the acknowledgment or cannot be found despite due diligence, mandating strict compliance with reporting, witnessing, and house identification procedures.

Endorsement of time and manner of service

Requires the process server to record an official return stating the exact time, manner of service, and identities of witnessing and identifying individuals on the original summons.

Examination of serving officer

Obligates the court to examine the process server on oath where an affixture return under Rule 17 lacks a verifying affidavit, empowering further inquiry before declaring due service.

Simultaneous issue of summons for service by post in addition to personal service [Omitted]

Rule 19A, which originally permitted simultaneous issue of postal summons alongside personal service, was omitted by the 1999 CPC Amendment as its provisions were merged comprehensively into amended Rule 9.

Substituted service

Governs substituted service by affixture at courthouse/last residence or publication in a widely circulated local daily newspaper when the defendant evades process, establishing that valid substituted service is legally equivalent to personal service.

Service of summons by post [Repealed]

Rule 20A, which historically provided an early framework for postal service of summons, was repealed by the Code of Civil Procedure (Amendment) Act, 1976 and superseded by modern service provisions.

Service of summons where defendant resides within jurisdiction of another Court

Provides for transmission of summons across territorial jurisdictions to another civil court where the defendant resides, using officers, post, approved couriers, fax, or email.

Service within presidency towns of summons issued by Courts outside

Directs that summonses issued by mofussil courts to be served within presidency towns (Kolkata, Chennai, Mumbai) must be transmitted to the local Court of Small Causes for execution.

Duty of Court to which summons is sent

Mandates that the transferee court receiving a summons from another court must execute service as if it had issued the process itself and return the summons with its report of proceedings.

Service on defendant in prison

Prescribes service of summons on an incarcerated defendant by delivering or transmitting the process to the Superintendent/Officer-in-charge of the prison.

Service where defendant resides out of India and has no agent

Governs service of summons on non-resident defendants residing outside India who have no local agent, utilizing international postal/courier/electronic channels and specific bilateral judicial mechanisms for neighboring countries.

Service in foreign territory through Political Agent or Court

Authorizes service of summons in notified foreign territories through Central Government Political Agents, designated foreign courts, or diplomatic channels via the Ministry of External Affairs.

Summonses to be sent to officers to foreign countries

Empowers civil courts to transmit summonses directly to designated foreign governmental authorities through diplomatic channels under bilateral notifications.

Service on civil public officer or on servant of railway company or local authority

Authorizes service of summons on civilian public servants, railway employees, or municipal officers through the head of their respective department or office.

Service on soldiers, sailors or airmen

Mandates that summonses against military personnel (soldiers, sailors, or airmen) must be officially transmitted to their Commanding Officer for service.

Duty of person to whom summons is delivered or sent for service

Imposes a statutory duty on institutional heads (Jail Superintendents, Department Heads, Commanding Officers) to effectuate service, obtain defendant's acknowledgment, and submit an authoritative return of service or non-service.

Substitution of letter for summons

Authorizes the court to substitute a formal judicial letter of request in place of a regular summons for high-ranking dignitaries and constitutional authorities.

Pleading

Defines the statutory term 'pleading' under the Code of Civil Procedure as strictly denoting either the plaintiff's plaint or the defendant's written statement.

Pleading to state material facts and not evidence

Lays down the cardinal rule of civil drafting: pleadings must state only material facts (facta probanda) in concise form, and must never plead evidence (facta probantia) or bare law.

Forms of pleading

Directs adherence to the standard model pleading forms prescribed in Appendix A of the First Schedule of the CPC.

Forms of pleading in Commercial Courts

Mandates adherence to specialized commercial pleading forms prescribed under High Court Commercial Division Rules or Practice Directions pursuant to the Commercial Courts Act, 2015.

Particulars to be given where necessary

Mandates strict pleading of full particulars—including exact dates, specific acts, and items—whenever a party alleges fraud, misrepresentation, breach of trust, undue influence, or wilful default.

Further and better statement, or particulars [Omitted]

Rule 5, which formerly empowered parties to apply for further and better particulars of pleadings, was omitted by the 1999 CPC Amendment to eliminate dilatory tactics and expedite civil trials.

Condition precedent

Provides that general performance of conditions precedent is legally implied in pleadings, requiring any party contesting non-performance to distinctly and specifically plead such non-compliance.

Departure

Prohibits parties from departing from their original pleadings or introducing mutually destructive/inconsistent factual allegations, except through formal court-approved amendment.

Denial of contract

Restricts a simple or bare denial of a contract in pleadings to a denial of its factual existence, requiring specific pleadings if its legality, validity, or enforceability is challenged.

Effect of document to be stated

Directs that pleadings should state the brief legal effect of material documents rather than quoting extensive clauses verbatim, unless the precise wording is directly in dispute.

Malice, knowledge, etc.

Permits mental states—such as malice, fraudulent intention, or knowledge—to be alleged simply as facts without detailing the circumstantial evidence from which they are inferred.

Notice

Allows the giving of notice to be alleged simply as a factual event, dispensing with recitation of its full text unless the exact wording or statutory form is itself in controversy.

Implied contract, or relation

Permits contracts or legal relationships inferred from correspondence, discussions, or conduct to be pleaded as a concise fact with general references, allowing alternative formulations.

Presumptions of law

Exempts parties from pleading facts that the law already presumes in their favor or where the statutory burden of proof lies upon the adversary.

Pleading to be signed

Mandates that every plaint or written statement must be signed by the litigant and their pleader, permitting signature by a duly authorized power-of-attorney holder during absence or disability.

Address for service of notice

Mandates filing a registered address with every pleading for service of all suit, appellate, and execution processes, imposing severe statutory penalties—stay of suit for plaintiffs and striking out defense for defendants—if the address is false, incomplete, or fictitious.

Verification of pleadings

Prescribes the mandatory formal verification of pleadings, requiring distinct segregation of personal knowledge from belief based on information, and mandating a supporting sworn affidavit under sub-rule (4) read with Section 26(2).

Verification of pleadings in a commercial dispute

Enforces the mandatory 'Statement of Truth' affidavit for all commercial pleadings under the Commercial Courts Act, 2015, empowering the court to strike out unverified pleadings and barring parties from relying on them in evidence.

Striking out pleadings

Empowers the civil court at any stage of proceedings to strike out or amend any portion of a pleading that is unnecessary, scandalous, frivolous, vexatious, prejudicial to a fair trial, or an abuse of judicial process.

Amendment of pleadings

The premier procedural statute governing the amendment of plaints and written statements, establishing liberal pre-trial discretion to resolve the real controversy, subject to the strict 'due diligence' bar once trial commences.

Failure to amend after Order

Mandates that an allowed amendment must be incorporated into the pleadings within the court-stipulated time or within 14 days by default, barring delayed incorporation unless judicial extension of time is granted.

Particulars to be contained in plaint

Specifies the nine mandatory statutory particulars that must be incorporated in every civil plaint, including court name, party descriptions, cause of action timing, territorial/pecuniary jurisdiction, valuation, and specific prayers.

In money suits

Mandates pleading the exact liquidated amount in money recovery suits, while allowing approximate tentative valuations in claims for mesne profits, rendition of unsettled accounts, or unliquidated movable assets.

Where interest is sought in the suit

Mandates granular disclosure of all interest claims in commercial disputes under the Commercial Courts Act, 2015, requiring specification of contractual/statutory basis, start date, period, total sum, and daily accrual rate.

Where the subject-matter of the suit is immovable property

Requires plaints concerning immovable property to provide precise and sufficient property descriptions, mandating demarcation by metes and bounds, municipal numbers, or settlement/khasra survey numbers.

When plaintiff sues as representative

Requires a plaintiff suing in a representative character to establish an existing personal interest in the subject matter and affirmatively plead compliance with all statutory prerequisites (e.g. Order I Rule 8 leave).

Defendant's interest and liability to be shown

Requires the plaint to articulate the specific legal interest and actionable liability of each defendant arrayed in the suit.

Grounds of exemption from limitation law

Mandates that where a suit is filed beyond the standard limitation period, the plaint must expressly plead the legal grounds of exemption (such as acknowledgment of debt, fraud, or disability under the Limitation Act, 1963).

Relief to be specifically stated

Directs that all specific or alternative reliefs must be clearly stated in the prayer clause, while clarifying that general or equitable relief may be awarded by the court even without an express formulaic prayer.

Relief founded on separate grounds

Requires that where distinct claims or multiple causes of action are joined in a single plaint, the factual grounds supporting each must be set out in separate, segregated headings.

Procedure on admitting plaint

Mandates that upon admission of the plaint, the plaintiff must deposit process fees (talbana) along with plain paper copies of the plaint for each defendant within a strict statutory deadline of 7 days.

Return of plaint

Authorizes the return of a plaint at any stage of proceedings—including appeal or revision—for presentation before the competent court when the entertaining court lacks territorial, pecuniary, or subject-matter jurisdiction.

Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return

Establishes an expedited procedural mechanism where the court returning a plaint fixes a binding date of appearance in the transferee court, eliminating the requirement of issuing fresh summons on the defendant.

Power of appellate Court to transfer suit to the proper Court

Empowers the appellate court confirming an order for return of plaint to direct filing in the proper court and fix a binding date of appearance without requiring fresh summons.

Rejection of plaint

The preeminent gatekeeping provision in civil litigation, mandating the threshold rejection of plaints on six statutory grounds—including failure to disclose a cause of action, statutory bar by law/limitation, undervaluation, deficit court fees, and procedural non-compliance.

Procedure on rejecting plaint

Mandates that every judicial order rejecting a plaint must explicitly record detailed reasons, serving as the formal basis for appellate decree adjudication.

Where rejection of plaint does not preclude presentation of fresh plaint

Clarifies that the rejection of a plaint under Rule 11 does not operate as res judicata, preserving the plaintiff's right to present a fresh plaint upon curing formal defects, subject to limitation.

Production of document on which plaintiff sues or relies

Mandates the initial production and filing of all foundational documents relied upon by the plaintiff along with the plaint, creating an absolute bar against late production in evidence without express prior leave of the court under sub-rule (3).

Statement in case of documents not in plaintiff possession or powers [Omitted]

Rule 15, which previously governed declarations regarding documents not in the plaintiff's possession, was omitted by the 1999 CPC Amendment and consolidated directly into amended Rule 14(2).

Suits on lost negotiable instruments

Enables recovery suits on lost negotiable instruments (cheques, promissory notes, bills of exchange) upon the plaintiff providing a court-approved indemnity bond protecting the debtor against third-party claims.

Production of shop-book

Regulates suits based on commercial account books/ledgers (bahi-khata), allowing traders to produce the original ledger for court comparison and certification while retaining the original book for ongoing business.

Inadmissibility of document not produced when plaint filed [Omitted]

Rule 18, which formerly governed the exclusion of unlisted documents, was omitted by the 2002 CPC Amendment as its substantive exclusionary rule was directly integrated into amended Order VII Rule 14(3).

Written Statement

Mandates filing the written statement within 30 days from summons service, establishing the discretionary 90-day extension in ordinary civil suits and the mandatory 120-day forfeiture in commercial courts.

Duty of defendant to produce documents upon which relief is claimed or relied upon by him

Imposes a mandatory duty on the defendant to file all defense, set-off, or counter-claim documents along with the written statement, barring unfiled documents from evidence without prior leave of the court under sub-rule (3), while exempting cross-examination materials.

New facts must be specially pleaded

Mandates that the defendant must specifically plead all affirmative defenses—such as maintainability bars, voidness, fraud, limitation, release, discharge, payment, or illegality—to avoid taking the plaintiff by surprise at trial.

Denial to be specific

Prohibits general or sweeping denials in written statements, requiring the defendant to specifically and individually traverse every factual allegation raised in the plaint, damages excepted.

Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court

Enforces a rigorous four-category regime for defense pleadings in commercial disputes under the Commercial Courts Act, 2015, mandating positive reasons for denial, affirmative alternative counter-narratives, and specific statements on jurisdiction and valuation.

Evasive-denial

Prohibits evasive, negative pregnant, or technical denials, requiring the defendant to directly address the core substance of every factual averment in the plaint.

Specific denial

Enacts the fundamental 'Doctrine of Non-Traverse', whereby every un-traversed or vaguely denied factual averment in the plaint is deemed in law to be admitted by the defendant, empowering the court to pronounce judgment on admissions.

Particulars of set-off to be given in written statement

Governs statutory legal set-off in money recovery suits, permitting the defendant to adjust an ascertained, legally recoverable sum within pecuniary jurisdiction where both parties litigate in the same legal capacity.

Counter-claim by defendant

Authorizes the defendant to institute an independent counter-claim against the plaintiff for any actionable cause of action accruing prior to filing the defense, conferring the full legal status of an autonomous cross-suit.

Counter-claim to be stated

Requires the defendant to specifically label and plead their cross-demand as a 'counter-claim' in the written statement.

Exclusion of counter-claim

Empowers the plaintiff to apply for the exclusion of an unwieldy, unrelated, or embarrassing counter-claim before settlement of issues, relegating the defendant to an independent suit.

Effect of discontinuance of suit

Declares the absolute autonomous survival of a counter-claim, ensuring that the stay, abandonment, withdrawal, or dismissal of the plaintiff's main suit does not terminate the defendant's cross-suit.

Default of plaintiff to reply to counter-claim

Empowers the court to pronounce judgment against the plaintiff on the counter-claim if the plaintiff fails to file a written statement in reply within the time permitted.

Relief to defendant where counter-claim succeeds

Authorizes the court to net off mutual claims and enter an executable decree in favor of whichever party is entitled to the net balance upon adjudicating the suit and counter-claim/set-off.

Rules relating to written statement to apply

Clarifies that all statutory rules governing written statements—including 30-day timelines, specific denials, and verification—apply mutatis mutandis to the plaintiff's reply to a counter-claim.

Defence or set-off founded upon separate grounds

Directs that distinct grounds of defense, set-off, or counter-claim founded on separate facts must be set out under distinct, segregated paragraphs.

New ground of defence

Permits parties to raise new grounds of defense that arose subsequent to the institution of the suit or filing of a counter-claim through an additional written statement.

Duty of defendant to produce documents upon which relief is claimed by him [Omitted]

Rule 8A, which formerly regulated production of documents by defendants, was omitted by the 1999 CPC Amendment as its provisions were expanded comprehensively into modern Order VIII Rule 1A.

Subsequent pleadings

Restricts subsequent pleadings (replications/rejoinders) after the written statement, mandating prior leave of the court and empowering the court to order additional written statements within a maximum 30-day window.

Procedure when party fails to present written statement called for by Court

Authorizes the court to pronounce judgment against a defaulting party who fails to file a written statement within the prescribed time under Rule 1 or Rule 9, or make any appropriate order to proceed with the suit.

Parties to appear on day fixed in summons for defendant to appear and answer

Mandates that on the date appointed in the summons, both the plaintiff and defendant must appear before the court either in person or through their pleaders, setting the stage for hearing or adjournment.

Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs

Empowers the court to dismiss the suit if summons could not be served due to the plaintiff's default in depositing process fees, postal charges, or plaint copies, unless the defendant voluntarily appears despite non-service.

Where neither party appears suit to be dismissed

Authorizes the court to dismiss the suit for default when neither the plaintiff nor the defendant appears upon the matter being called for hearing.

Plaintiff may bring fresh suit or Court may restore suit to file

Provides dual remedies to a plaintiff whose suit is dismissed under Rule 2 or Rule 3: either file a fresh suit within limitation, or apply for restoration by demonstrating sufficient cause for non-payment of process fees or non-appearance.

Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons

Requires the plaintiff to apply for fresh summons within 7 days of an unserved return, failing which the suit is dismissed against that defendant, with carve-outs for best efforts, evasive defendants, or extension requests.

Procedure when only plaintiff appears

Governs procedure when only the plaintiff appears on the hearing date: if service is proved, the court proceeds ex parte; if not proved, second summons issues; if served without sufficient time, hearing is postponed.

Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance

Enables a defendant against whom ex parte proceedings have been initiated to appear at an adjourned hearing and show 'good cause' to be relegated back to the position as if they had appeared on the original date.

Procedure where defendant only appears

Mandates dismissal of the suit when the defendant appears but the plaintiff fails to appear on the hearing date, unless the defendant admits the claim in whole or in part, in which case a decree is passed on such admission.

Decree against plaintiff by default bars fresh suit

Bars a fresh suit on the same cause of action after a dismissal under Rule 8, leaving the plaintiff with the sole remedy of applying for restoration on showing 'sufficient cause', with mandatory notice to the defendant.

Procedure in case of non-attendance of one or more of several plaintiffs

Permits the suit to proceed at the instance of appearing plaintiffs when one or more co-plaintiffs fail to appear on the hearing date.

Procedure in case of non-attendance of one or more of several defendants

Directs that if only some defendants appear, the suit proceeds against the appearing defendants, and the court makes appropriate orders regarding the absent defendants at the time of pronouncing judgment.

Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person

Subjects a party ordered to appear in person under Order III Rule 1, Order X, or Order XVI to the penalties of non-appearance (dismissal for plaintiff, ex parte for defendant) if they fail to appear without sufficient cause.

Setting aside decree ex parte against defendant

The master statutory remedy for defendants to set aside an ex parte decree upon demonstrating that summons was not duly served or that appearance was prevented by sufficient cause, subject to cost terms, the second proviso on irregularity, and the appellate explanation bar.

No decree to be set aside without notice to opposite party

Mandates that an ex parte decree cannot be set aside without issuing and serving advance notice of the restoration application upon the opposite party (the decree-holder).

Ascertainment whether allegations in pleadings are admitted or denied

Mandates the court at the first hearing to actively ascertain and record from each party or pleader whether they admit or deny factual averments that remained unclarified in their pleadings.

Direction of the court to opt for any one mode of alternative dispute resolution

Requires the court, immediately following admissions and denials, to direct parties to opt for one of the alternative dispute resolution (ADR) mechanisms under Section 89 CPC and fix a date before the chosen forum.

Appearance before the conciliatory forum or authority

Obligates the parties to personally attend the conciliatory forum, Lok Adalat, or mediator upon being referred under Rule 1A.

Appearance before the court consequent to the failure of efforts of conciliation

Provides for the return of the suit to the trial court when conciliation or mediation fails to yield an amicable settlement, ensuring the regular judicial trial resumes without delay.

Oral examination of party, or companion of party

Mandates oral examination of parties or their knowledgeable companions by the court at the first hearing to clarify ambiguous pleadings and elucidate matters in controversy, distinct from formal witness cross-examination.

Substance of examination to be written

Requires the presiding judge to reduce the substance of the oral examination under Rule 2 to writing, making it a permanent part of the judicial record.

Consequence of refusal or inability of pleader to answer

Authorizes the court to summon a party for personal appearance within 7 days if their pleader refuses or cannot answer material questions, and empowers the court to pronounce judgment against the party if they fail to appear without lawful excuse.

Discovery by interrogatories

Authorizes parties, with prior leave of the court, to deliver written interrogatories to opposite parties to obtain admissions on material facts, barring repetitive sets without court order and excluding questions relevant solely to witness credibility.

Particular interrogatories to be submitted

Directs that proposed interrogatories must accompany the leave application, which the court must decide within 7 days, granting leave only for questions necessary for fair disposal of the suit or saving costs.

Costs of interrogatories

Empowers the court to penalize parties who deliver unreasonable, vexatious, or unduly lengthy interrogatories by ordering them to pay all occasioned costs regardless of the ultimate outcome of the suit.

Form of interrogatories

Prescribes that written interrogatories must strictly adhere to Form No. 2 of Appendix C of the CPC, adapted to suit case facts.

Corporations

Provides that where a corporate entity, company, or statutory board is a party, the opposite party may obtain leave to deliver interrogatories to a specific officer, director, or member of that body.

Objections to interrogatories by answer

Permits the interrogated party to raise objections against answering any question directly within their reply affidavit on grounds of irrelevancy, scandal, bad faith, prematurity, or legal privilege.

Setting aside and striking out interrogatories

Authorizes the interrogated party to apply within 7 days of service to set aside or strike out interrogatories that are unreasonable, vexatious, prolix, oppressive, unnecessary, or scandalous.

Affidavit in answer, filing

Mandates that interrogatories must be answered on affidavit within 10 days of service, unless extended by the court.

Form of affidavit in answer

Requires the affidavit in answer to interrogatories to conform to Form No. 3 of Appendix C of the CPC.

No exception to be taken

Abolishes formal Chancery exceptions to answer affidavits, providing that any dispute regarding the insufficiency of answers must be adjudicated directly by the court under Rule 11.

Order to answer or answer further

Empowers the interrogating party to apply for an order directing a defaulting or evasive party to answer or answer further, either by supplementary affidavit or through oral viva voce examination in court.

Application for discovery of documents

Enables any party to apply, even without an affidavit, for an order compelling any other party to disclose on oath all documents in their possession or power relating to matters in controversy, subject to judicial necessity.

Affidavit of documents

Requires the party directed to make discovery under Rule 12 to file an affidavit in Form No. 5 of Appendix C, listing documents in their custody and specifying grounds of objection for any withheld documents.

Production of documents

Vests inherent plenary jurisdiction in the court at any stage of the suit to order any party to produce relevant documents in their possession or power under oath.

Inspection of documents referred to in pleadings or affidavits

Grants parties an absolute right at or before settlement of issues to inspect and take copies of all documents referred to in an adversary's pleadings or annexed lists, barring uninspected documents from being produced in evidence without court leave.

Notice to produce

Mandates that formal notice to produce documents for inspection under Rule 15 must be served in Form No. 7 of Appendix C.

Time for inspection when notice given

Prescribes timelines for responding to an inspection notice: response within 10 days fixing an inspection appointment within 3 days in Form No. 8, identifying any objected documents and grounds.

Order for inspection

Empowers the court to compel inspection upon a party's refusal or default, governing both pleaded documents (sub-rule 1) and unpleaded third-category documents supported by affidavit (sub-rule 2).

Verified copies

Regulates inspection of business books through verified copies, authorizes judicial in-camera inspection to adjudicate privilege claims (state affairs excepted), and empowers the court under sub-rule (3) to compel an affidavit regarding specific targeted documents.

Premature discovery

Permits the court to postpone or reserve discovery and inspection if the right to such discovery depends upon first determining a preliminary issue in the suit (e.g. liability to account or partnership existence).

Non-compliance with order for discovery

Imposes the ultimate penal sanction for disobeying discovery orders: dismissal of the plaintiff's suit (barring fresh suits) or striking out the defendant's defense, subject to natural justice notice and hearing.

Using answer to interrogatories at trial

Permits a party at trial to tender in evidence select answers or portions of answers to interrogatories without tendering the whole, subject to the court's power to require interconnected answers to be read together.

Order to apply to minors

Extends the entire regime of discovery and inspection under Order XI to minor litigants and their next friends or guardians ad litem.

Disclosure and discovery of documents (Commercial Courts)

Substitutes a rigorous document disclosure regime for commercial disputes under the Commercial Courts Act, 2015, mandating upfront disclosure of all documents (favorable or adverse) with the plaint/WS supported by a Statement of Truth, barring undisclosed documents from trial absent leave on reasonable cause.

Discovery by interrogatories (Commercial Courts)

Consolidates and accelerates the discovery-by-interrogatories mechanism for commercial suits, enforcing a strict 7-day judicial disposal timeline for leave applications and a 10-day response window on affidavit.

Inspection (Commercial Courts)

Imposes a strict 30-day outer timeline (extendable by maximum 30 days) to complete inspection of all disclosed documents in commercial suits, barring reliance on uninspected documents and prescribing exemplary costs for wrongful withholding.

Admission and denial of documents (Commercial Courts)

Enforces a mandatory 5-parameter Statement of Admissions and Denials within 15 days of inspection, mandating reasons for denial and ruling that bare denials of non-third-party documents are deemed admissions dispensing with proof.

Production of documents (Commercial Courts)

Regulates production of documents in commercial suits upon notice in Form No. 7 with a 7 to 15-day compliance window, authorizing the court to draw an adverse inference and award costs for unexplained refusal.

Electronic records (Commercial Courts)

Enacts an exhaustive 9-point statutory regime governing the disclosure, certificate on oath, inspection, metadata verification, and admissibility of electronic records, emails, cloud data, and digital evidence in commercial litigation.

Certain provisions of the Code of Civil Procedure, 1908 not to apply (Commercial Courts)

Clarifies that general CPC provisions governing document production—specifically Order XIII Rule 1 (production at first hearing), Order VII Rule 14 (plaint documents), and Order VIII Rule 1A (defense documents)—are superseded and rendered inapplicable in commercial disputes.

Notice of admission of case

Permits any party to give formal notice in their pleadings or in writing admitting the truth of the whole or part of an adversary's case, narrowing the trial issues.

Notice to admit documents

Enables either party to serve a 7-day notice calling upon the adversary to admit any document, imposing the costs of formally proving the document on the refusing party regardless of the final suit outcome.

Document to be deemed to be admitted if not denied after service of notice to admit documents

Introduces the statutory Doctrine of Deemed Admission for documents: un-traversed documents called upon in a notice to admit are treated as legally admitted, dispensing with formal primary proof, backed by compensatory costs.

Form of notice

Prescribes that the notice to admit documents must strictly conform to Form No. 9 of Appendix C of the CPC.

Power of Court to record admission

Vests suo motu power in the court at any stage of proceedings to call upon any party to admit or deny any document and record their response on the judicial order sheet.

Notice to admit facts

Authorizes parties, not later than 9 days before trial, to serve a notice requiring admission of specific facts within 6 days, penalizing unreasonable refusal in costs, with a statutory proviso limiting admissions strictly to that single suit.

Form of admissions

Directs that the notice to admit facts must follow Form No. 10 and the reply admitting facts must follow Form No. 11 of Appendix C of the CPC.

Judgment on admissions

The premier summary adjudication remedy in Indian civil practice: empowers the court at any stage of the suit, on application or suo motu, to enter immediate final judgment and decree upon clear and unambiguous admissions of fact made in pleadings, correspondence, or otherwise.

Affidavit of signature

Declares that an affidavit sworn by an advocate or their clerk attesting to the signatures on an admission of documents or facts constitutes sufficient legal evidence of that admission.

Notice to produce documents

Prescribes Form No. 12 of Appendix C for serving a formal notice to produce documents at trial, establishing that an advocate's or clerk's affidavit of service is sufficient proof, serving as the statutory foundation to lead secondary evidence.

Costs

Directs that a party serving notices to admit or produce that enumerate irrelevant or unnecessary documents must bear all occasioned costs.

Original documents to be produced at or before the settlement of issues

Mandates that parties must produce all original documentary evidence at or before the settlement of issues where copies were previously filed, exempting documents reserved for witness cross-examination or memory refreshment.

Effect of non-production of documents [Repealed]

Rule 2, which previously permitted belated production of documents upon showing 'good cause', was repealed by the 1999 CPC Amendment to eliminate pre-trial delays, with belated production now governed by Order VII Rule 14 and Order VIII Rule 1A.

Rejection of irrelevant or inadmissible documents

Authorizes the court at any stage of the suit to reject and discard documents deemed irrelevant or legally inadmissible, mandating that the specific grounds of rejection be recorded in the order sheet.

Endorsements on documents admitted in evidence

Governs the formal judicial endorsement of admitted documents—the universal practice of marking Exhibits (Ex. P-1 / Ex. D-1)—specifying suit number, producer name, date, and admission statement signed by the presiding judge.

Endorsements on copies of admitted entries in books, accounts and records

Regulates the admission of entries in business ledgers, shop books, and public records by permitting verified copies to be substituted for original records, allowing valuable original account books to be returned immediately.

Endorsements on documents rejected as inadmissible in evidence

Requires the presiding judge to make a signed endorsement on any rejected document stating the suit particulars, date, producer name, and an express statement that the document has been rejected as inadmissible.

Recording of admitted and return of rejected documents

Mandates that admitted documents form a permanent part of the judicial record while unadmitted or rejected documents are excluded and returned to the parties who produced them.

Court may order any document to be impounded

Vests overriding authority in the court to impound any suspicious, forged, or unstamped document or book produced before it and place it in the secure custody of a court officer.

Return of admitted documents

Regulates the return of admitted original documents after disposal and expiry of appeal limitation, permitting interim return upon substituting certified copies and furnishing an undertaking to produce originals if summoned.

Court may send for papers from its own records or from other Courts

Empowers the court suo motu or on application supported by affidavit to requisition and inspect records of other judicial proceedings from its own registry or other courts, subject to strict materiality and the law of evidence.

Provisions as to documents applied to material objects

Extends all procedural rules in Order XIII governing production, inspection, impounding, marking, and return of documents to physical material objects produced in evidence.

Scope of and classes of suits to which this Order applies

Defines the scope of Order XIII-A, enabling Commercial Courts to summarily adjudicate commercial claims, partial claims, or counter-claims without recording oral evidence, while expressly excluding suits instituted under Order XXXVII.

Stage for application for summary judgment

Prescribes the statutory window for seeking summary judgment: permissible at any time after service of summons on the defendant, but strictly barred once the court frames the issues in the suit.

Grounds for summary judgment

Enacts the substantive twin tests for summary judgment: (a) absence of any 'real prospect' of success for the plaintiff or defendant, and (b) absence of any other compelling reason requiring a trial on oral evidence.

Procedure

Sets out the mandatory procedural architecture for summary judgment: specifies 5 application elements under sub-rule (1), mandates a 30-day notice to the respondent under sub-rule (2), and requires a structured 6-point reply under sub-rule (3).

Evidence for hearing of summary judgment

Regulates exchange of documentary evidence for the summary judgment hearing: requires respondents to serve additional documents at least 15 days before hearing, and applicants to serve rejoinder documents at least 5 days prior.

Orders that may be made by Court

Enumerates the wide menu of orders a Commercial Court may pronounce on an Order XIII-A application, ranging from final judgment or partial judgment to conditional orders, striking out pleadings, or directing case management under Order XV-A, backed by recorded reasons.

Conditional order

Empowers the Commercial Court to pass a conditional order where a claim or defense is technically possible but highly 'improbable' of succeeding, requiring cash deposit or security into court, and specifying immediate judgment upon default.

Power to impose costs

Authorizes the Commercial Court to award actual, realistic, and compensatory costs in summary judgment proceedings pursuant to Sections 35 and 35A of the CPC as amended by the Commercial Courts Act.

Framing of issues

Defines the formation and taxonomy of issues of fact and law arising from conflicting material propositions in pleadings, mandating that the court frame and record specific issues at the first hearing after examining pleadings and parties under Order X Rule 2.

Court to pronounce judgment on all issues

Mandates that courts must pronounce judgment on all issues to avoid piecemeal remands, permitting preliminary trial strictly for pure issues of law relating to (a) court jurisdiction or (b) a statutory bar to the suit, precluding mixed questions of fact and law.

Materials from which issues may be framed

Specifies the three evidentiary sources from which the court may frame issues: oral statements on oath under Order X, pleadings and answers to interrogatories under Order XI, and documentary evidence produced by parties.

Court may examine witnesses or documents before framing issues

Empowers the court to summon third-party witnesses or compel production of unfiled documents before framing issues, allowing an adjournment of not more than 7 days to correctly ascertain the real controversy.

Power to amend and strike out, issues

Vests continuous plenary jurisdiction in the court at any time before passing a decree to amend existing issues, frame additional issues, or strike out erroneous issues necessary to determine the real controversy.

Questions of fact or law may by agreement be stated in form of issues

Enables parties by written agreement to formulate agreed questions of fact or law as consented issues, stipulating that monetary payment, property delivery, or injunctive acts shall automatically follow the court's affirmative or negative finding.

Court, if satisfied that agreement was executed in good faith, may pronounce judgment

Mandates that upon verifying that an agreed-issue agreement was executed bona fide by parties with substantial interest, the court shall try the issue, pronounce judgment pursuant to the agreed terms, and draw up a formal decree.

Parties not at issue

Empowers the court at the first hearing to immediately pronounce final judgment and conclude the suit if the parties are not at variance on any material question of law or fact.

One of several defendants not at issue

Authorizes immediate judgment and drawing of a decree for or against any single non-contesting co-defendant at the first hearing, while the suit proceeds independently against the remaining contesting defendants.

Parties at issue

Permits the court to forthwith determine issues and pronounce judgment at the first hearing if satisfied that no further oral evidence or argument is required for decision, provided that where summons was for issues only, appearing parties raise no objection.

Failure to produce evidence

Authorizes the court to at once pronounce judgment if a party fails without sufficient cause to produce evidence on a summons issued for final disposal, or in its discretion adjourn the suit after framing issues.

First Case Management Hearing

Mandates that the Commercial Court must hold the first Case Management Hearing (CMH) within a strict four-week timeline following the completion of admission and denial of documents by all parties.

Orders to be passed in a Case Management Hearing

Prescribes the comprehensive master roadmap order passed at the Case Management Hearing, institutionalizing a strict calendar covering issues, witness lists, evidence affidavits, day-to-day cross-examination dates, written submissions, and strict time limits for oral arguments.

Time limit for the completion of a trial

Imposes a mandatory statutory ceiling on commercial trials, commanding that all evidence, written submissions, and oral arguments must be concluded not later than six months from the date of the first Case Management Hearing.

Recording of oral evidence on a day-to-day basis

Directs Commercial Courts to record oral evidence on a continuous, day-to-day basis until the cross-examination of all listed witnesses is fully concluded.

Case Management Hearings during a trial

Authorizes the court to convene mid-trial Case Management Hearings at any time to monitor compliance with the timetable, resolve procedural logjams, and ensure strict adherence to the trial calendar.

Powers of the Court in a Case Management Hearing

Vests exhaustive managerial and supervisory powers in the Commercial Court: prioritizing Order XIII-A applications, striking off irrelevant witnesses, deleting argumentative matter from evidence affidavits, appointing evidence commissions, ordering cost budgets, and advancing the overriding objective of efficient dispute disposal.

Adjournment of Case Management Hearing

Expressly bars adjourning a Case Management Hearing on the sole ground that a party's advocate is absent, requiring advance formal applications supported by justified cause and payment of costs.

Consequences of non-compliance with orders

Arms the Commercial Court with formidable punitive sanctions for non-compliance with Case Management orders, empowering the court to impose costs, permanently foreclose rights to cross-examine or argue, or dismiss the plaint or decree the suit for wilful and repeated disobedience.

List of witnesses and summons to witnesses

Mandates parties to submit a witness list within 15 days of framing issues specifying the purpose of each witness. Unlisted witnesses may only be summoned with court leave upon demonstrating sufficient cause.

Production of witnesses without summons

Enables any party to bring witnesses to court to depose or produce documents directly without obtaining court summonses, facilitating rapid evidence presentation.

Expenses of witness to be paid into Court on applying for summons

Requires the applicant for witness summons to deposit travelling expenses and diet money into court within 7 days, including specialized remuneration for expert witnesses.

Tender of expenses to witness

Directs that the witness expenses deposited in court must be physically tendered to the witness at the time of personal service of summons.

Procedure where insufficient sum paid in

Governs recovery of deficient witness expenses and multi-day detention allowances through attachment and sale of the defaulting party's movable property or discharge of the witness.

Time, place and purpose of attendance to be specified in summons

Requires witness summonses to clearly specify time, place, and exact purpose (oral evidence, document production, or both), with reasonable precision in describing documents.

Summons to produce document

Clarifies that a person summoned solely to produce a document need not attend court in person, and complies fully by causing the document to be produced through an authorized agent or representative.

Power to require persons present in Court to give evidence or produce document

Empowers the Court to summarily compel any bystander or person physically present in the courtroom to depose or produce documents in their immediate possession.

Summons given to the party for service

Authorizes 'Dasti' summons service directly by a party or their agent, bypassing process server delays while exempting process fees and providing court re-issuance upon refusal.

Summons how served

Directs that witness summonses issued through court machinery shall be served in the same manner as defendant summonses under Order V, incorporating all rules regarding proof of service.

Time for serving summons

Mandates that witness summons must be served sufficiently in advance to afford the witness reasonable time to prepare and travel to the court.

Procedure where witness fails to comply with summons

Arms the civil court with coercive enforcement powers against recalcitrant witnesses who fail to attend without lawful excuse: examination of process servers on oath, public proclamation, bailable/non-bailable warrants of arrest, and attachment of property.

If witness appears attachment may be withdrawn

Directs the release of attached property if the witness appears and satisfies the court that non-attendance was due to lawful excuse, illness, or lack of timely notice of the proclamation.

Procedure if witness fails to appear

Authorizes the Court to impose a statutory fine up to ₹500 and sell attached property if a summoned witness fails to appear or justify their absence, after issuing a show cause notice.

Mode of attachment

Applies the execution procedures of Order XXI to any attachment and sale of witness property, treating the defaulting witness as a judgment-debtor.

Court may of its own accord summon as witnesses strangers to suit

Empowers the Court suo motu to summon and examine any stranger or uncalled party as a court witness or compel document production to discover the truth and prevent miscarriage of justice.

Duty of persons summoned to give evidence or produce document

Imposes an absolute statutory duty on every person summoned to attend court at the specified time and place to depose or ensure document production.

When they may depart

Requires attending witnesses to remain present until formally discharged or case disposal, and authorizes the court to demand security for future attendance on pain of civil imprisonment.

Application of rules 10 to 13

Extends all coercive powers (warrants, proclamation, property attachment, and fines) under Rules 10 to 13 to any witness who attends but leaves court without permission.

Procedure where witness apprehended cannot give evidence or produce document

Regulates the custody of witnesses arrested under warrant when trial cannot proceed due to the parties' absence, allowing release on bail/security or detention in civil prison on default.

No witness to be ordered to attend in person unless resident within certain limits

Prohibits compelling personal attendance of witnesses residing beyond local jurisdiction or exceeding 500 km (where public transport exists) or 100 km (otherwise), unless airfare is provided, making commission examination mandatory.

Consequence of refusal of party to give evidence when called on by Court

Empowers the Court to pronounce immediate judgment against any litigating party physically present in court who refuses without lawful excuse to testify or produce documents in their possession.

Rules as to witnesses to apply to parties summoned

Clarifies that all rules governing witnesses under Order XVI apply equally to parties to the suit when called upon to depose or produce documentary evidence.

Definitions

Defines 'detained' to encompass individuals under preventive detention statutes and expands 'prison' to include subsidiary jails, reformatories, and borstal homes for juvenile offenders.

Power to require attendance of prisoners to give evidence

Authorizes the civil court to order the Jail Superintendent to produce a prisoner to depose, provided that if the prison is beyond 25 km, production will not be ordered unless examination on commission is deemed inadequate.

Expenses to be paid into Court

Requires the applicant seeking prisoner production to pre-deposit court-assessed execution costs, including the travel and logistical expenses of the armed police escort.

Power of State Government to exclude certain persons from the operation of rule 2

Empowers the State Government to prohibit the removal of high-risk prisoners from prison on grounds of offence severity, public order threat, or general public interest, overriding court production orders.

Officer in charge of prison to abstain from carrying out order in certain cases

Mandates the Jail Superintendent to abstain from producing a prisoner upon medical unfitness, ongoing committal/remand, impending release, or a government exclusion order, requiring a written statement of reasons to the court.

Prisoner to be brought to Court in custody

Directs the Jail Superintendent to transport the prisoner to court on the appointed date under secure custody, ensuring continuous detention in the court lockup until examination is complete or return is authorized.

Power to issue commission for examination of witness in prison

Vests all-India jurisdiction in the civil court to issue a commission under Order XXVI to examine any prisoner confined within the State or anywhere in India whose physical attendance cannot be procured.

Court may grant time and adjourn hearing

Regulates the granting of adjournments in civil trials, introducing a statutory ceiling of three adjournments per party, mandating day-to-day trial once commenced, barring counsel engagement elsewhere as an excuse, and empowering the court to close cross-examination if counsel is unready.

Procedure if parties fail to appear on day fixed

Directs that upon non-appearance of parties on an adjourned hearing, the Court may dispose of the suit under Order IX (dismissal in default or ex-parte proceeding); however, if substantial evidence has already been recorded, the court may proceed on merits as if the absent party were present.

Court may proceed notwithstanding either party fails to produce evidence, etc.

Empowers the Court, upon default by a party granted time to produce evidence or take procedural steps, to decide the suit forthwith on merits if parties are present, or revert to Rule 2 (Order IX disposal) if any party is absent.

Right to begin

Establishes that the plaintiff has the initial right to open the case and lead evidence, shifting to the defendant only where the defendant admits the plaint facts and raises purely legal objections or affirmative avoidance defences.

Statement and production of evidence

Prescribes the sequence of adducing evidence and oral arguments, authorizing concise written submissions under distinct headings, barring adjournments for written briefs, and incorporating Commercial Courts Act amendments requiring legal citations and argument timers.

Evidence where several issues

Enables the party beginning, where the burden of certain issues lies on the adversary, to reserve the right to lead rebuttal evidence after the opposite party concludes their evidence.

Party to appear before other witnesses

Mandates that a party wishing to testify must enter the witness box before examining any other witnesses on their behalf, unless prior leave is granted by the Court for recorded reasons.

Recording of evidence

Mandates that examination-in-chief in all civil suits must be furnished on affidavit, permits cross-examination before the Court or a Local Commissioner, directs objections to be recorded for decision at final arguments, and sets a 60-day deadline for commissioner reports.

How evidence shall be taken in appealable cases

Specifies the mode of recording oral depositions in appealable cases: taken down in the language of the court under personal judicial superintendence, typed to dictation, or recorded mechanically.

When deposition to be interpreted

Mandates that where deposition is recorded in a language the witness does not comprehend, it must be translated and interpreted back to the witness in their own language.

Evidence under section 138

Applies the deposition form, reading over, signing, and correction procedures of Rule 5 to evidence recorded under Section 138 CPC.

Memorandum when evidence not taken down by Judge

Obligates the Judge to maintain a personal, signed memorandum of the substance of each witness's testimony whenever the evidence is not personally penned or dictated in open court.

When evidence may be taken in English

Permits depositions to be recorded in English by consent of all parties and advocates, even where English is not the official language of the trial court.

Any particular question and answer may be taken down

Authorizes the Court suo motu or on motion to record any critical question and answer verbatim, along with any objection, where special reasons warrant exact quotation.

Questions objected to and allowed by Court

Mandates that where an objection to a question is raised but overruled by the court, the judge must record the exact question, answer, objection, objecting counsel's name, and the judicial ruling.

Remarks on demeanour of witnesses

Empowers the presiding judge to make notes on the physical demeanour, hesitation, evasiveness, or emotional conduct of a witness while testifying.

Memorandum of evidence in unappealable cases

Simplifies evidence recording in unappealable cases (e.g. Small Cause Courts), dispensing with verbatim transcripts in favour of a signed judicial memorandum of the substance.

[Omitted] Judge unable to make such memorandum to record reasons of his inability

Rule 14, which formerly governed situations where a judge was unable to make a memorandum of evidence, was omitted by the CPC Amendment Act of 1976.

Power to deal with evidence taken before another Judge

Ensures trial continuity upon judicial transfer, retirement, or demise, authorizing the successor judge to adopt the evidence recorded by the predecessor and proceed from the existing stage.

Power to examine witness immediately

Authorizes emergency examination of a witness ('de bene esse') at any stage after suit institution if the witness is about to depart the jurisdiction or is in imminent danger of death or incapacity.

Court may recall and examine witness

Vests inherent power in the Court at any stage of a suit to recall any examined witness for judicial clarification, strictly to elucidate ambiguities rather than to allow parties to fill evidentiary lacunae.

[Omitted] Production of evidence not previously known or which could not be produced despite due diligence

Rule 17A, which previously permitted parties to produce evidence not previously known or unprocurable despite due diligence, was omitted by the CPC Amendment Act of 1999 to expedite civil trials.

Power of Court to inspect

Authorizes the trial judge to conduct a spot inspection of disputed property or objects, mandating the prompt preparation of an inspection memorandum to form part of the judicial record.

Power to get statements recorded on commission

Overrides preceding rules to empower the Court to direct witness examinations to be conducted on commission under Order XXVI Rule 4A rather than in open court.

Power to order any point to be proved by affidavit

Empowers the Court to direct proof of specific facts by affidavit, subject to the absolute proviso that an affidavit cannot replace oral testimony if a party bona fide seeks to cross-examine the witness and the witness can be produced.

Power to order attendance of deponent for cross-examination

Provides that evidence on interlocutory applications may be given by affidavit, but vests discretion in the court upon application of either party to summon the deponent to open court for cross-examination.

Matters to which affidavits shall be confined

Commands that affidavits must be strictly confined to facts within the personal knowledge of the deponent, allowing statements of belief on interlocutory applications only when the exact grounds are stated, and penalizing hearsay or argumentative affidavits with costs.

Court may control evidence

Vests active case-management power in the Commercial Court to regulate the specific issues requiring evidence and exclude unnecessary or cumulative evidence that parties seek to tender.

Redacting or rejecting evidence

Empowers the Commercial Court to strike out or redact portions of examination-in-chief affidavits that do not constitute evidence, or reject and return the entire affidavit if legally inadmissible.

Format and guidelines of affidavit of evidence

Lays down mandatory statutory drafting guidelines for evidence affidavits in commercial disputes: chronological sequencing, prohibition on replicating pleadings or legal arguments on pain of being struck out, distinct paragraphing, disclosure of sources, and consecutive pagination with annexure page references.

Judgment when pronounced

Mandates open court pronouncement of judgment within 30 days (extendable to 60 days in exceptional cases) of hearing conclusion; commercial courts must pronounce within 90 days with digital copies emailed to parties.

Power to pronounce judgment written by judge’s predecessor

Directs a successor judge to pronounce a judgment that was written and signed, but left unpronounced, by their predecessor prior to transfer, retirement, or demise.

Judgment to be signed

Mandates that judgments must be dated and signed in open court at pronouncement, establishing the principle of 'functus officio' whereby a signed judgment cannot be altered except under Section 152 (clerical errors) or Review under Order XLVII.

Judgments of Small Cause Courts and other Courts

Contrasts concise judgments of Small Cause Courts (points for determination and findings) with regular civil courts, which must contain pleadings summary, points for determination, findings, and reasoned judicial rationale.

Court to state its decision on each issue

Commands the Court to record distinct findings with reasons upon every individual framed issue, unless an anterior finding on a threshold issue (e.g. jurisdiction or maintainability) conclusively disposes of the suit.

Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders

Mandates the Court to verbally inform unrepresented litigants present at judgment pronouncement of the designated appellate court and the applicable limitation period, recording the advice on the order sheet.

Contents of decree

Specifies that the formal decree must perfectly agree with the judgment, clearly setting out suit particulars, registered addresses, precise operative reliefs granted, and the itemized allocation of litigation costs and set-offs.

Preparation of decree

Commands drawing up of the formal decree within 15 days of judgment pronouncement, permitting aggrieved parties to prefer an appeal under Order XLI Rule 1 relying solely on the judgment copy without awaiting the formal decree.

Copies of judgments when to be made available

Directs that certified copies of judgments must be made available to parties immediately upon pronouncement upon payment of prescribed copying fees to facilitate prompt appellate filings.

Date of decree

Establishes that the decree must bear the exact date on which the judgment was pronounced, irrespective of when it is physically drafted or signed by the presiding judge.

Procedure where Judge has vacated office before signing decree

Enables the successor judge (or superior court judge if the court is abolished) to sign a decree drawn up in conformity with a judgment pronounced by a predecessor who vacated office before signing.

Decree for recovery of immovable property

Requires decrees for immovable property to contain precise, identifiable descriptions—including boundaries, survey numbers, and settlement records—to prevent ambiguity during execution.

Decree for delivery of movable property

Mandates that every decree directing delivery of specific movable property must state an alternative monetary value payable if physical delivery cannot be effected.

Decree may direct payment by instalments

Authorizes the court to order payment of a money decree in instalments or postpone payment: unilaterally in the original decree for sufficient reason, or post-decree strictly with the decree-holder's consent.

Decree for possession and mesne profits

Governs preliminary and final decrees in suits for immovable property possession and mesne profits, establishing a statutory three-year ceiling on future mesne profits from decree date.

Decree for specific performance of contract for the sale or lease of immovable property

Requires every decree for specific performance of an agreement to sell or lease immovable property to explicitly specify the time period within which the balance purchase consideration must be deposited.

Decree in administration suit

Regulates administration suits for managing the estate of a deceased person, prescribing a preliminary decree for taking accounts and applying insolvency principles if liabilities exceed assets.

Decree in pre-emption suit

Prescribes the contents of a pre-emption decree, mandating a fixed date for depositing the purchase money, with automatic dismissal of the suit upon default, and regulating rival pre-emptors' priority.

Decree in suit for dissolution of partnership

Governs partnership dissolution and accounting suits, directing a preliminary decree to declare partners' proportionate shares, fix the effective dissolution date, and order an accounting audit.

Decree in suit for account between principal and agent

Requires the court in principal-agent suits and general accounting disputes to pass a preliminary decree directing the taking of accounts before determining the final monetary liability.

Special directions as to accounts

Empowers the Court to issue special directions regulating the auditing and vouching of accounts, including directing that regularly kept account books shall be treated as prima facie evidence of their contents.

Decree in suit for partition of property or separate possession of a share therein

Governs partition decrees: directing agricultural revenue-paying estates to be partitioned by the District Collector under Section 54, while urban, residential, and movable properties are partitioned via a preliminary decree declaring shares followed by final decree proceedings.

Decree when set-off or counter-claim is allowed

Regulates decrees in suits involving set-off or counter-claim, requiring explicit specification of mutual debts and enabling net recovery in favour of either party, preserving identical rights of appeal.

Certified copies of judgment and decree to be furnished

Guarantees parties the statutory right to obtain certified copies of the judgment and decree upon application to the Court Copying Agency at their own expense.

Provisions relating to certain items

Enumerates specific out-of-pocket litigation expenses that the Court may award as costs, including statutory and non-statutory pre-suit notices, drafting and printing of pleadings, judicial inspection charges, voluntary witness production, and certified copies for appeal.

Costs to be awarded in accordance with the rules made by High Court

Directs that the quantification and taxation of costs awarded under Order XX-A shall adhere strictly to the scale and procedural rules framed by the respective High Court.

Modes of paying money under decree

Governs the lawful modes of paying money under a decree (court deposit, bank remittance, or direct written payment), mandating notice to the decree-holder and terminating the accrual of post-decretal interest from the date of notice or tender.

Payment out of Court to decree-holder

Prohibits the executing court from recognizing any out-of-court payment or compromise unless certified by the decree-holder or recorded upon application of the judgment-debtor within the strict 30-day limitation period.

Lands situate in more than one jurisdiction

Empowers any single court to attach and auction an entire composite immovable estate or landholding that straddles across territorial boundaries of two or more executing courts.

Transfer to Court of Small Causes

Regulates the transfer of small money decrees (under ₹2,000) for execution to Presidency Courts of Small Causes in Mumbai, Kolkata, or Chennai.

Mode of transfer

Mandates direct transmission of a decree for execution from the court which passed it to the transferee court across district and state borders, eliminating the redundant procedural detour of routing through District Courts.

Procedure where Court desires that its own decree shall be executed by another Court

Requires the transferring court to dispatch three statutory documents: certified copy of the decree, non-satisfaction certificate (or part-satisfaction statement), and copies of prior execution orders.

Court receiving copies of decree, etc., to file same without proof

Directs the transferee executing court to place received decree copies and certificates directly on file without demanding independent proof, creating a statutory presumption of authenticity.

Execution of decree or order by Court to which it is sent

Authorizes a District Court receiving a transferred decree to either execute it directly or assign it to a competent subordinate court within its district.

Execution by High Court of decree transferred by other Court

Provides that where a decree is transmitted for execution to a High Court exercising Ordinary Original Civil Jurisdiction (e.g. Delhi, Bombay, Calcutta, Madras), it shall be executed as if passed on its own original side.

Application for execution

Establishes the fundamental procedural gateway for enforcing a decree: an application filed by the decree-holder before the court of first instance or the transferee court.

Oral application and written application

Prescribes the mandatory 10-column tabular format for written execution applications, while empowering courts to order immediate arrest of a judgment-debtor present in the courtroom upon oral motion in money decrees.

Application for arrest to state grounds

Mandates that every application seeking the arrest and civil imprisonment of a judgment-debtor must be supported by an affidavit detailing the specific grounds warranting incarceration under Section 51 CPC.

Application for attachment of movable property not in judgment-debtor’s possession

Requires the decree-holder seeking attachment of movable property held in third-party custody to annex an inventory with reasonably accurate descriptions.

Application for attachment of immovable property to contain certain particulars

Mandates that applications for attaching immovable property must append at the foot an exact description with boundaries/survey numbers and specify the debtor's proportionate share in the property.

Power to require certified extract from Collector’s register in certain cases

Empowers the executing court to demand certified extracts of revenue records (Jamabandi/Khatoni) from the Collector’s office verifying the debtor's registered proprietorship prior to ordering land attachment.

Application for execution by joint decree-holders

Authorizes any one joint decree-holder to execute the entire decree for the benefit of all co-decree-holders or deceased co-holders' legal heirs, with court safeguards protecting non-joining parties.

Application for execution by transferee of decree

Enables an assignee or legal transferee of a decree to apply for execution before the court of first instance, requiring mandatory notice to the transferor and judgment-debtor, while barring a co-judgment-debtor assignee from executing a money decree against fellow debtors.

Procedure on receiving application for execution of decree

Governs judicial scrutiny of execution applications, directing rectification of technical defects with retroactive effect to the date of presentation, empowering provisional calculation of decretal sums, and mandating that property attached in money decrees must reasonably correspond to the debt.

Execution in case of cross-decrees

Enforces automatic equitable set-off between cross money decrees pending between identical parties in the same capacity, permitting execution only for the net balance.

Execution in case of cross-claims under same decree

Applies the principle of automatic set-off to cross-claims for monetary recovery arising under the very same decree (e.g. claim vs. counter-claim or costs adjustments).

Cross-decrees and cross-claims in mortgage suits

Extends cross-decree and cross-claim set-off principles to mortgage decrees directing sale of mortgaged property.

Simultaneous execution

Vests discretion in the executing court to refuse simultaneous execution against both the physical person (arrest) and the property of the judgment-debtor at the same time.

Notice to show cause against execution in certain cases

Mandates the issuance of a show-cause notice before issuing execution process where the application is filed more than 2 years after the decree, or against legal representatives, or against an insolvency receiver, unless dispensing with notice is justified under recorded reasons.

Sale not to be set aside on the death of the judgment-debtor before the sale but after proclamation

Protects execution sales from being invalidated solely due to the death of the judgment-debtor occurring between the proclamation and the auction, unless the legal representatives establish actual substantial prejudice.

Procedure after issue of notice

Directs the court to issue execution process where the judgment-debtor defaults or fails to show cause following a Rule 22 notice, or to adjudicate any filed objections.

Process for execution

Regulates the formal issuance of execution process (warrants of attachment, delivery of possession, or arrest), mandating date, judicial signature, court seal, and returnable deadlines.

Endorsement on process

Requires the executing bailiff to record a formal endorsement detailing the date and manner of execution or the exact reasons for non-execution, empowering the court to examine the bailiff on oath regarding alleged inability.

When Court may stay execution

Empowers the transferee executing court to temporarily stay execution proceedings for a reasonable period to enable the judgment-debtor to seek a formal stay from the original decree court or appellate court, mandating the furnishing of adequate security.

Liability of judgment-debtor discharged

Clarifies that interim restitution of property or release of the judgment-debtor under Rule 26 does not confer immunity; if the stay application fails, property and person remain fully subject to re-seizure.

Order of Court which passed decree or of Appellate Court to be binding upon Court applied to

Establishes that all orders passed by the decree-passing court or the appellate court regarding execution or stay are strictly binding upon the transferee executing court.

Stay of execution pending suit between decree-holder and judgment-debtors

Enables the court executing a decree to stay execution on terms of security if a separate substantive suit filed by the judgment-debtor against the decree-holder is pending before the same court, requiring recorded reasons if security is dispensed with in money decrees.

Decree for payment of money

Prescribes the two fundamental statutory modes for executing money decrees: civil imprisonment of the judgment-debtor, attachment and auction sale of the debtor's property, or both simultaneously.

Decree for specific movable property

Prescribes execution of decrees for specific movable property through actual seizure and delivery, coercive detention, or property attachment, providing for auction and compensation if non-compliance exceeds three months.

Decree for specific performance for restitution of conjugal rights, or for an injunction

Governs enforcement of decrees for specific performance, restitution of conjugal rights, and injunctions through civil detention, property attachment, or direct execution of required acts at the debtor's expense under Sub-rule (5). Prohibits civil imprisonment in restitution of conjugal rights.

Discretion of Court in executing decrees for restitution of conjugal rights

Vests the court with discretion in executing a decree for restitution of conjugal rights passed against a husband by directing periodical maintenance payments in lieu of physical enforcement, recoverable as a money decree.

Decree for execution of document, or endorsement of negotiable instrument

Lays down the complete statutory mechanism for court execution of sale deeds or endorsement of negotiable instruments where the judgment-debtor refuses compliance, empowering the Judge to sign and register the conveyance with full statutory efficacy.

Decree for immovable property

Governs the actual physical delivery of immovable property by evicting persons bound by the decree, providing for breaking open locks and doors with safeguards for pardanashin women, and joint possession through public drum proclamation.

Decree for delivery of immovable property when in occupancy of tenant

Prescribes the mode of delivering symbolical or proprietary possession of immovable property occupied by lawful tenants who are not bound to vacate, executed via warrant affixation and drum proclamation.

Discretionary power to permit judgment-debtor to show cause against detention in prison

Mandates that in money decrees, the executing court must first issue a show-cause notice before issuing an arrest warrant against the debtor, unless satisfied that the debtor is likely to abscond or flee jurisdiction.

Warrant for arrest to direct judgment-debtor to be brought up

Directs that an arrest warrant must mandate bringing the judgment-debtor before the court with all convenient speed, unless the decretal amount, interest, and costs are sooner paid to the arresting officer.

Subsistence allowance

Condition precedent to civil arrest and detention: the decree-holder must deposit advance subsistence allowance for the judgment-debtor, failure of which invalidates the arrest or entitles the debtor to immediate release.

Proceedings on appearance of judgment-debtor in obedience to notice or after arrest

Mandates a formal inquiry upon appearance or arrest of the judgment-debtor, requiring the decree-holder to establish grounds under Section 51 before civil detention can be ordered, with provision for a 15-day grace period.

Examination of judgment-debtor as to his property

Empowers the executing court to orally examine the judgment-debtor or corporate officers regarding assets, mandate a detailed affidavit of assets (Form 16A) if decree is unpaid for 30 days, and punish non-disclosure with up to 3 months' civil imprisonment.

Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined

Permits pre-quantification attachment of the judgment-debtor's property in decrees directing inquiry into mesne profits or rent before the exact monetary liability is determined.

Attachment of movable property, other than agricultural produce, in possession of judgment-debtor

Mandates attachment of tangible movables in the debtor's possession by actual physical seizure, holding the bailiff responsible for safe custody, with proviso for immediate sale of perishable goods.

Custody of movable property

Authorizes entrusting attached livestock or heavy implements to a local respectable custodian (supurdar), creating statutory surety liability under Section 145 for any failure to produce or damage to the property, appealable as a decree.

Attachment of agricultural produce

Prescribes attachment of agricultural produce (growing crops or harvested grain) by affixing the warrant on the farmland/threshing floor and at the debtor's residence, deeming it to pass into court possession.

Provisions as to agricultural produce under attachment

Regulates custody, tending, harvesting, and storage of attached agricultural produce, allowing the debtor or decree-holder to harvest under court supervision, ensuring severance does not end attachment, and setting a 20-day rule for non-storable crops.

Attachment of debt, share and other property not in possession of judgment-debtor

Governs the attachment of unsecured debts, corporate shares, and third-party-held movables by issuing written prohibitory orders to the debtor/corporation/custodian, permitting third-party debtors to discharge liability by depositing money into court.

Notice to garnishee

Initiates statutory Garnishee proceedings: permits the decree-holder to apply on affidavit for a show-cause notice directing a third party indebted to the judgment-debtor to deposit the debt into court to satisfy the decree.

Order against garnishee

Empowers the court to pass a deemed decree directly against the garnishee if he defaults in appearance or fails to show cause, enabling immediate execution against the garnishee's own assets.

Trial of disputed questions

Provides for the judicial trial of disputed liability where a garnishee denies owing money to the judgment-debtor, treating the dispute as an issue in a civil suit, with transfer to District Judge if exceeding pecuniary limits.

Procedure where debt belongs to third person

Prescribes the procedure when an attached debt is claimed by a third party having a lien, charge, or interest, empowering the court to summon the third party to prove their claim.

Order as regards third person

Empowers the executing court to determine the validity of a third party's lien, charge, or interest over the attached debt, or pass orders in default of appearance.

Payment by garnishee to be valid discharge

Confers absolute statutory immunity and valid discharge upon the garnishee for payments made under court orders, shielding him against future claims by the debtor even if the decree is subsequently reversed.

Costs

Leaves the award of costs in garnishee proceedings to the judicial discretion of the executing court.

Appeals

Accords the status of an appealable decree to orders passed against a garnishee (Rule 46B), determinations of disputed liability (Rule 46C), and adjudications of third-party claims (Rule 46E).

Application to negotiable instruments

Extends garnishee provisions (Rules 46A to 46H) to negotiable instruments attached under Rule 51, treating the person liable on the instrument as a garnishee.

Attachment of share in movables

Regulates attachment of the debtor's undivided share in co-owned movable property through a prohibitory notice restraining transfer or hypothecation without disturbing physical possession of innocent co-owners.

Attachment of salary or allowances of servant of the Government or railway company or local authority

Prescribes the statutory mechanism for attaching salaries and allowances of government, railway, municipal, and PSU employees, mandating automatic deduction by the disbursing officer subject to Section 60 exemptions, and imposing direct liability on the government employer for unauthorized disbursements.

Attachment of salary or allowances of private employees

Governs the attachment of salaries of private sector employees, binding private employers throughout India and holding the employer personally liable for any salary disbursed in violation of the attachment order.

Attachment of partnership property

Prohibits attachment of partnership assets for a partner's personal decree, establishing the mechanism of a charging order on the partner's profit share, appointment of a receiver, and partner redemption rights.

Execution of decree against firm

Regulates execution of decrees passed against partnership firms: allows automatic execution against firm assets and acknowledged/served partners, requiring leave of court and trial of disputed liability for other alleged partners.

Attachment of negotiable instruments

Mandates attachment of negotiable instruments not in court or public custody by actual physical seizure and safekeeping in the court's registry.

Attachment of property in custody of Court or public officer

Prescribes attachment of funds or property in the custody of another court or public officer via requisition notice, reserving determination of competing claims and priorities exclusively to the custody court.

Attachment of decrees

Regulates attachment of money, mortgage, or other decrees held by the judgment-debtor, constituting the attaching decree-holder as the deemed legal representative of the attached decree with full powers of execution.

Attachment of immovable property

Lays down the mandatory statutory procedure for attaching immovable property: issuing a prohibitory order, summoning the debtor for settling sale proclamation, and strictly publishing the attachment via beat of drum and affixation at the property, court-house, Collectorate, and Gram Panchayat.

Removal of attachment after satisfaction of decree

Mandates automatic withdrawal of attachment upon full satisfaction of the decree, deposit of decretal amount and costs, or reversal/setting aside of the decree, providing for formal public proclamation of withdrawal at the debtor's expense.

Order for payment of coin or currency notes to party entitled under decree

Empowers the executing court to order direct payout of attached cash, coins, or currency notes to the decree-holder without necessitating auction sale procedures.

Determination of attachment

Governs the consequences of dismissing an execution application upon subsisting attachments: mandates the court to specify whether attachment continues or ceases, providing that judicial omission automatically causes the attachment to lapse.

Adjudication of claims to or objections to attachment of, property

Governs third-party claims and objections against property attachment in execution: bars separate title suits by mandating the executing court to conclusively try all title and ownership questions, giving the resulting order the full status and appealability of a decree under Section 96.

Stay of sale

Authorizes the executing court to stay or postpone scheduled auction sales of attached property pending adjudication of third-party objections under Rule 58, permitting conditional immovable sales with withheld confirmation.

Release of property from attachment [Omitted]

Rule 60, which formerly governed summary release of attached property upon finding possession with an objector, was omitted by the 1976 CPC Amendment and incorporated directly into the comprehensive adjudication framework of Rule 58(3)(a).

Disallowance of claim to property attached [Omitted]

Rule 61, which previously provided for the summary disallowance of third-party claims to attached property, was omitted by the 1976 CPC Amendment and replaced by substantive adjudication under Rule 58(3)(b).

Continuance of attachment subject to claim of incumbrancer [Omitted]

Rule 62, which formerly permitted the executing court to continue an attachment subject to an existing mortgage or charge, was omitted by the 1976 CPC Amendment and incorporated directly into Rule 58(3)(c).

Saving of suits to establish right to attached property [Omitted]

Rule 63, which historically allowed an aggrieved party to file a separate title suit within one year of a summary attachment order, was repealed by the 1976 CPC Amendment to bar multiplicity of proceedings and make Rule 58 adjudications conclusive.

Power to order property attached to be sold and proceeds to be paid to person entitled

Vests the executing court with the power to order the auction sale of attached property, establishing a mandatory statutory duty to sell ONLY such portion of the property as is necessary to satisfy the decretal debt.

Sales by whom conducted and how made

Mandates that execution sales must be conducted by an officer of the court (such as the Nazir) or an appointed Court Commissioner via public auction in the prescribed manner.

Proclamation of sales by public auction

Mandates the drawing up of a comprehensive Proclamation of Sale after notice to both parties, specifying exact property boundaries, government revenue, existing encumbrances, decretal amount, and valuation estimates provided by both parties.

Mode of making proclamation

Prescribes the mandatory mode of publishing the sale proclamation via beat of drum and local affixation under Rule 54(2), permitting additional newspaper and gazette advertisements at the court's discretion.

Time of sale

Imposes mandatory statutory waiting periods between court-house affixation of the proclamation and the auction date: at least 15 days for immovable property and 7 days for movables, non-compliance with which vitiates the sale unless waived in writing by the debtor.

Adjournment or stoppage of sale

Regulates adjournment and stoppage of execution sales: mandates a fresh proclamation if sale is adjourned beyond 30 days, and compels immediate cessation of the auction if the decretal amount and costs are tendered before the lot is knocked down.

Saving of certain sales [Omitted]

Rule 70, which historically saved certain execution sales under local tenancy and revenue laws, was omitted by the CPC Amendment Act 66 of 1956.

Defaulting purchaser answerable for loss on re-sale

Holds a defaulting auction purchaser who fails to deposit the balance purchase price strictly liable for any deficiency in price realized on resale together with resale expenses, recoverable as a deemed money decree.

Decree holder not to bid for or buy property without permission

Prohibits the decree-holder from bidding or purchasing attached property without express prior leave of the court, permits set-off of purchase money against the decretal debt upon grant of leave, and empowers the court to set aside clandestine unauthorized purchases.

Mortgagee not to bid at sale without the leave of the Court

Prohibits mortgagees from bidding in mortgage execution sales without express leave of court, mandating the executing court to fix a statutory Reserve Price equal to the full mortgage debt and costs to protect the mortgagor from predatory underbidding.

Restriction on bidding or purchase by officers

Enforces strict judicial ethics and conflict-of-interest prohibitions: completely bars any court officer, judge, auctioneer, or bailiff connected with an execution sale from bidding for or acquiring any interest in the auctioned property.

Sale of agricultural produce

Regulates the venue and conduct of agricultural produce sales (on-site or at the nearest market), mandating a one-time postponement to the next market day if a fair price is not realized and the debtor applies.

Special provisions relating to growing crops

Distinguishes between storable crops (must be harvested and dried before auction) and perishable/non-storable crops (can be sold standing with a license for the purchaser to enter and harvest).

Negotiable instruments and shares in corporations

Authorizes the executing court to sell attached shares, debentures, or negotiable instruments through registered stockbrokers at prevailing market rates rather than via clumsy public auction.

Sale by public auction

Governs auctions of movable property: requires immediate spot payment on default of which goods are forthwith resold, makes the sale absolute immediately upon grant of receipt, and gives bidding preference to co-owners.

Irregularity not to vitiate sale, but any person injured may sue

Protects auction purchasers of movable property by providing that procedural irregularities in publishing or conducting the sale do not invalidate the sale, restricting the injured party's remedy to a suit for damages.

Delivery of movable property, debts and shares

Prescribes the modes of delivering movable property to the auction purchaser: physical handover of seized chattels, prohibitory notice for third-party-held goods, and written transfer directives for debts and corporate shares.

Transfer of negotiable instruments and shares

Empowers the executing Judge to endorse negotiable instruments or execute share transfer deeds in statutory form on behalf of the defaulting debtor, with full legal effect as if executed by the registered owner.

Vesting order in case of other property

Residual vesting provision for intangible or unclassified movable property, empowering the executing court to pass formal vesting orders transferring absolute title directly to the purchaser.

What Court may order sales

Statutory jurisdictional bar: prohibits Courts of Small Causes from ordering the auction sale of immovable property in execution of decrees.

Postponement of sale to enable judgment-debtor to raise amount of decree

Enables the judgment-debtor to postpone a distress auction sale by obtaining a court certificate overriding Section 64 to privately sell, lease, or mortgage the property, provided all proceeds are paid directly into court.

Deposit by purchaser and re-sale on default

Mandates that the successful bidder in an immovable property auction must immediately deposit 25% of the purchase price on the spot, failing which the officer has no discretion and must re-auction the property forthwith.

Time for payment in full of purchase money

Statutory 15-day deadline: compels the auction purchaser to deposit the remaining 75% purchase money into court before the court closes on the fifteenth day from the auction date, a period that the court has zero jurisdiction to extend.

Procedure in default of payment

Prescribes consequences of defaulting on the 75% balance: discretionary forfeiture of the 25% earnest deposit to the Government after defraying sale expenses, mandatory resale of the property, and total loss of claims by the defaulting bidder.

Notification on re-sale

Mandates that every resale necessitated by purchaser default requires a full-fledged fresh proclamation of sale with fresh notice under Rules 66–68, including the 15-day waiting period.

Bid of co-sharer to have preference

Statutory right of pre-emption in execution sales: accords absolute preference to the bid of an existing co-sharer over an outside bidder in cases of equal bids for an undivided immovable property share.

Application to set aside sale on deposit

Provides a benevolent statutory mechanism allowing the judgment-debtor or interested person to set aside an auction sale within 60 days by depositing the full decretal debt plus a 5% statutory sweetener for the auction purchaser, conditioned on withdrawing any Rule 90 fraud challenge.

Application to set aside sale on ground of irregularity or fraud

Governs applications to set aside execution sales of immovable property on grounds of material irregularity or fraud in publishing or conducting the sale, mandating strict proof of substantial financial injury and barring pre-proclamation objections.

Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest

Enables an auction purchaser to apply within 60 days to set aside an execution sale and recover his purchase money if the judgment-debtor had absolutely zero saleable interest in the auctioned property.

Sale when to become absolute or be set aside

Governs the confirmation of immovable execution sales making them absolute, setting aside sales upon allowed applications, barring separate suits to annul confirmation orders, and providing statutory restitution if a third-party suit evicts the auction purchaser.

Return of purchase-money in certain cases

Entitles the auction purchaser to a summary court order for the refund of his purchase money with or without interest against the decree-holder or court registry whenever an execution sale is set aside.

Certificate to purchaser

Mandates the grant of a formal Sale Certificate to the auction purchaser once the sale becomes absolute, constituting conclusive document of title bearing the date on which the sale became absolute.

Delivery of property in occupancy of judgment-debtor

Empowers the auction purchaser holding a Rule 94 Sale Certificate to obtain actual physical possession (khas dakhal) by evicting the judgment-debtor or any person claiming under a post-attachment title.

Delivery of property in occupancy of tenant

Prescribes symbolical delivery of immovable property to the auction purchaser when occupied by lawful tenants, executed via warrant affixation and public drum proclamation.

Resistance or obstruction to possession of immovable property

Enables the decree-holder or auction purchaser to complain of resistance or obstruction to possession by ANY person (whether judgment-debtor or third-party stranger), mandating full judicial adjudication by the executing court.

Orders after adjudication

Empowers the court, following Rule 101 adjudication, to grant possession to the decree-holder or auction purchaser, and punishes recalcitrant obstruction by the debtor, proxies, or lis pendens transferees with up to 30 days' civil imprisonment.

Dispossession by decree-holder or purchaser

Provides a summary restitution remedy for innocent third parties (other than the debtor) dispossessed during warrant execution, compelling the executing court to adjudicate their independent title and restore possession.

Order to be passed upon application complaining of dispossession

Directs the executing court, upon concluding the Rule 101 inquiry, to either allow the dispossessed third party's application and restore possession or dismiss the petition, with the order operating as an appealable decree.

Question to be determined

The cornerstone of execution jurisprudence: completely bars separate civil suits by mandating that ALL questions of right, title, interest, or possession arising under Rules 97 and 99 must be conclusively determined by the executing court itself, conferring deemed plenary jurisdiction.

Rules not applicable to transferee lite pendente

Enforces Section 52 Transfer of Property Act (Lis Pendens) in execution: strips transferees who acquired property from the debtor during suit or execution pendency of all obstruction rights under Rules 98 and 100, subjecting them to summary eviction.

Orders to be treated as decrees

Accords the full status and force of a formal decree to orders passed under Rule 98 (allowing/dismissing resistance) or Rule 100 (dispossession claims), subjecting them to regular First Appeal under Section 96 CPC.

Orders under rule 101 or rule 103 to be subject to the result of pending suit

Subordinates orders passed under Rules 101 and 103 to the outcome of any independent substantive suit that was ALREADY pending prior to the commencement of the execution obstruction proceedings.

Hearing of application

Regulates the hearing of execution applications (including Rule 58 claims): authorizes dismissal for default if the applicant fails to appear, and ex parte hearing if the respondent defaults after notice.

Setting aside orders passed ex parte, etc.

Provides for restoration of execution applications dismissed for default and setting aside ex parte execution orders upon showing sufficient cause within a strict 30-day limitation window, to which Section 5 of the Limitation Act is inapplicable.

No abatement by party's death if right to sue survives

Lays down the foundational principle of survival of causes of action: the death of a litigant does not terminate the civil action provided the right to sue survives to or against the legal representatives.

Procedure where one of several plaintiffs or defendants dies and right to sue survives

Prescribes the procedure when one of multiple co-litigants dies and the right to sue survives entirely to the surviving parties: requires a simple memo and formal entry on the record without needing a formal substitution application.

Procedure in case of death of one of several plaintiffs or of sole plaintiff

Governs the substitution of legal representatives upon the death of a sole plaintiff or co-plaintiff, mandating an application within the statutory 90-day limitation period under Article 120, failing which the suit automatically abates.

Procedure in case of death of one of several defendants or of sole defendant

Prescribes the mechanism for substituting the legal representatives of a deceased defendant within 90 days, vests the court with discretion under Sub-rule (4) to exempt the plaintiff from substituting non-contesting/defaulting defendants, and provides statutory relief under Sub-rule (5) for ignorance of death.

Procedure where there is no legal representative

Provides a specialized procedural remedy when a deceased litigant leaves no legal representatives or heirs: empowers the court to proceed without representation or appoint the Administrator-General / court officer to represent the estate, binding the estate to the final decree.

Determination of question as to legal representative

Mandates that conflicting claims to legal representation (e.g., Will vs. Natural Heirs) must be judicially tried and determined by the court seized of the suit or appeal, rather than leaving the suit in limbo.

No abatement by reason of death after hearing

Non-obstante protection: guarantees that the death of any litigant between the conclusion of final arguments and the pronouncement of judgment does not abate the suit, giving the judgment full retrospective validity as if delivered during their lifetime.

Suit not abated by marriage of female party

Clarifies that the marriage of a female litigant does not abate a civil suit, permitting continuation to judgment and confining personal execution to her alone unless the husband is legally liable.

When plaintiff's insolvency bars suit

Regulates suits instituted by insolvent plaintiffs: the action does not abate if the Official Assignee/Receiver elects to continue and furnishes security for costs, but will be dismissed upon the assignee's refusal or neglect.

Effect of abatement or dismissal

Bars fresh suits on the same cause of action once a suit abates, establishing the procedure to set aside abatement upon showing 'sufficient cause' within 60 days under Article 121, with express applicability of Section 5 of the Limitation Act for condonation of further delay.

Procedure in case of assignment before final order in suit

Enables an assignee, purchaser, or successor-in-interest pendente lite to continue the suit by or against them with the leave of the court, ensuring continuity of litigation despite inter vivos transfers of the suit property.

Duty of pleader to communicate to Court death of a party

Imposes a mandatory professional duty on an advocate to formally notify the court upon learning of their client's death, directing the court to serve notice on the adversary, and deeming the advocate's vakalatnama to subsist for this limited purpose.

Application of Order to appeals

Extends all the provisions of Order XXII to appellate proceedings mutatis mutandis, equating plaintiffs to appellants, defendants to respondents, and suits to appeals.

Application of Order to proceedings

Statutory immunity for execution proceedings: explicitly excludes execution petitions from the operation of Rules 3, 4, and 8, establishing that execution proceedings NEVER abate upon the death of the decree-holder or judgment-debtor.

Withdrawal of suit or abandonment of part of claim

Distinguishes between unconditional abandonment of a suit (which completely bars any fresh suit under Sub-rule 4) and withdrawal with liberty to file afresh under Sub-rule (3), which requires judicial satisfaction that the suit must fail due to a formal defect or sufficient analogous grounds.

When transposition of defendants as plaintiffs may be permitted

Protects defendants having substantial claims against co-defendants: empowers the court to transpose a defendant into the position of a plaintiff under Order I Rule 10 if the original plaintiff abandons or withdraws the suit.

Limitation law not affected by first suit

Statutory warning on limitation: clarifies that securing court permission to withdraw with liberty to file afresh does NOT stop the limitation clock; the second suit is judged for limitation as if the first suit had never been filed.

Compromise of suit

Governs consent/compromise decrees: mandates that compromises must be in writing and signed by the parties, empowers the court to record compromises even encompassing matters beyond the original suit subject-matter, compels immediate trial of disputed settlements, and renders void/voidable agreements unlawful.

Bar to suit

Bars independent civil suits to challenge or set aside a compromise decree on grounds of fraud, coercion, misrepresentation, or illegality, confining the aggrieved party's remedy strictly to an application before the very court that passed the compromise decree.

No agreement or compromise to be entered in a representative suit without leave of Court

Renders null and void any compromise entered into in a representative suit (public charity, Order I Rule 8, HUF, or suits binding unrepresented parties) without express court leave granted after public notice to interested persons.

Proceedings in execution of decrees not affected

Expressly excludes execution proceedings from the operation of Order XXIII: post-decretal adjustments and settlements in execution are governed exclusively by Order XXI Rule 2 and Section 47 rather than Order XXIII Rule 3.

Deposit by defendant of amount in satisfaction of claim

Enables a defendant in a money or damages action to deposit into court at any stage of the proceedings such sum as he considers full satisfaction of the claim, providing an effective procedural tool to cap liability, curtail running interest, and avoid adverse litigation costs.

Notice of deposit

Mandates that formal notice of the court deposit must be served on the plaintiff through the court, entitling the plaintiff to immediately withdraw the deposited funds upon simple application without prejudice to the trial of any remaining claim.

Interest on deposit not allowed to plaintiff after notice

Terminates the plaintiff's entitlement to interest on the deposited sum from the date of receipt of the deposit notice, operating pro tanto even if the deposit represents only a partial payment of the overall claim.

Procedure where plaintiff accepts deposit as satisfaction in part or in full

Regulates the procedural consequences and cost penalties where the plaintiff accepts the deposit in part or in full: penalizes an unreasonable plaintiff with full post-deposit costs if the deposit is found to be adequate, and guides judicial discretion on costs based on which party was responsible for initiating groundless litigation.

When security for costs may be required from plaintiff

Vests the court with discretionary power at any stage to compel the plaintiff to furnish security for the defendant's past and future costs, making such an order mandatory where an NRI, foreign, or flight-risk plaintiff resides outside India without possessing sufficient unencumbered immovable property within the country.

Effect of failure to furnish security

Mandates automatic dismissal of the suit if the plaintiff defaults in furnishing the required security for costs within the stipulated time, providing a restorative remedy upon establishing sufficient cause within 30 days under Article 122 of the Limitation Act.

Cases in which Court may issue commission to examine witness

Empowers the court to issue a commission to examine any resident witness who is legally exempted from court attendance (e.g., under Sections 132 or 133) or physically incapacitated due to illness or infirmity, permitting proof of medical disability via a registered doctor's certificate without examining the physician.

Order for commission

Outlines locus standi and procedure for seeking a witness examination commission, allowing the court to act suo motu or upon an application supported by affidavit from any party to the suit or the witness personally.

Where witness resides within Court’s jurisdiction

Grants broad judicial discretion to appoint any suitable person (typically a practicing junior advocate or court official) as commissioner to examine an intra-jurisdictional witness.

Persons for whose examination commission may issue

Governs witness commissions outside territorial limits, impending departure, or essential public servants, establishing a mandatory obligation ('shall be issued') to issue a commission where an outstation witness cannot be compelled to attend under Order XVI Rule 19.

Commission for examination of any person resident within the local limits of the jurisdiction of the Court

Non-obstante provision inserted by Act 46 of 1999 empowering courts to appoint Court Commissioners to record oral evidence and cross-examinations of any resident witness for expeditious disposal and decongestion of trial court dockets.

Commission or request to examine witness not within India

Authorizes the trial court to issue a foreign commission or Letter of Request (Letters Rogatory) through diplomatic channels to examine a witness residing outside India whose testimony is indispensable to the suit.

Court to examine witness pursuant to Commission

Mandates receiving courts to execute foreign or transferred commissions by examining the witness directly or delegating the examination in terms of the commission remit.

Return of commission with depositions of witnesses

Specifies that upon completion, the commissioner must transmit the original commission, report, and depositions to the issuing court, whereupon they automatically become part of the judicial record subject to Rule 8.

When depositions may be read in evidence

Prohibits reading commission depositions into evidence without the opposing party's consent unless the statutory disability (death, illness, distance, or government duty) persists, or the court exercises judicial discretion under clause (b) to dispense with proof of such continuance.

Commissions to make local investigations

Foundational rule for spot inspections and local investigations, enabling the court to appoint a local commissioner to elucidate disputed physical facts, boundaries, encroachments, market value, or mesne profits, while strictly barring the creation or collection of evidence for indolent litigants.

Procedure of Commissioner

Prescribes commissioner reporting procedure, establishing that the written report and recorded evidence automatically form substantive evidence in the suit under sub-rule (2), while entitling parties with court leave to cross-examine the commissioner in open court, or pray for further inquiry under sub-rule (3).

Commission for scientific investigation

Empowers the court to appoint scientific experts (handwriting, forensic, chemical, metallurgical, or DNA analysts) on commission to investigate technical questions that cannot be conveniently conducted within the courtroom.

Commission for performance of a ministerial act

Permits delegation of clerical, accounting, or administrative ministerial acts (such as physical inventory taking, verification of stock, or calculation of complex interest) to a court-appointed commissioner with recorded reasons.

Commission for the sale of movable property

Enables urgent sale via court commissioner of perishable, deteriorating, or costly-to-maintain movable property in judicial custody during pendency of the suit, following the execution sale procedure of Order XXI.

Commission to examine or adjust accounts

Enables trial courts in complex accounting litigations (such as partnership dissolution, principal-agent disputes, or mortgage redemptions) to appoint an accountant or advocate commissioner to examine ledgers and adjust accounts following a preliminary decree.

Court to give Commissioner necessary instructions

Directs courts to frame precise terms of reference and instructions for account commissioners, declaring their proceedings and report as substantive evidence, with residual judicial power to direct further accounting inquiry if dissatisfied.

Commission to make partition of immovable property

Governs appointment of partition commissioners following a preliminary decree for dividing non-agricultural immovable property (such as residential houses, urban commercial buildings, and non-revenue paying properties) according to declared shares.

Procedure of Commissioner

Details physical division by metes and bounds, allocation of shares, and the doctrine of owelty (pecuniary compensation to equalize unequal shares), culminating in judicial hearing of objections and passing of the final partition decree under sub-rules (2) and (3).

Expenses of commission to be paid into court

Requires the party applying for or benefiting from a commission to deposit advance remuneration, travel expenses, and processing fees into court before the commission writ is issued.

Powers of commissioners

Delineates wide statutory powers of court commissioners, including examining parties and witnesses, calling for relevant documents, and exercising the right of peaceful entry onto disputed land or buildings at reasonable hours.

Questions objected to before the Commissioner

Regulates objections raised during commissioner depositions by requiring the commissioner to record the question, answer, and objection without stalling cross-examination, while establishing an exception for privileged communications (Sections 121-131, Evidence Act) where answers are deferred pending court ruling.

Attendance and examination of witnesses before Commissioner

Confers deemed Civil Court status upon commissioners for enforcing witness attendance, document production, and process under Order XVI, reserving punitive penal powers exclusively to the issuing judicial court.

Parties to appear before Commissioner

Mandates judicial direction for parties to appear before the commissioner personally or through counsel, empowering the commissioner to proceed ex parte under sub-rule (2) if a party fails to appear despite due service of notice.

Application of order to execution proceedings

Inserted by Act 104 of 1976 extending the entire framework of Order XXVI commissions (spot inspection, demarcation, delivery of possession, and ministerial acts) to execution proceedings under Order XXI.

Court to fix a time for return of commission

Mandates that courts must specify a strict return date for execution of commissions, prohibiting arbitrary extensions and requiring recorded judicial reasons demonstrating sufficient cause.

Cases in which High Court may issue commission to examine witness

Vests jurisdiction exclusively in the High Court to issue commissions for examining witnesses residing within its jurisdiction at the request of a foreign tribunal in civil proceedings, upon receipt of consular certificates or Letters of Request transmitted via the Central Government.

Application for issue of commission

Defines locus standi to invoke High Court jurisdiction under Rule 19, allowing either a party to the foreign proceeding or a State Government law officer acting on government instructions to apply.

To whom commission may be issued

Specifies executing authorities for foreign commissions, authorizing the High Court to transmit the commission to the local subordinate court where the witness resides or appoint a commissioner directly within its original civil jurisdiction.

Issue, execution and return of commissions, and transmission of evidence to foreign Court

Provides transmission protocol for completed foreign commissions, applying general procedural rules (Rules 6, 15, 16A(1), 17, 18, 18B) and mandating return of depositions to the High Court for onward diplomatic transmission to the foreign court through the Central Government.

Suits by or against Government

Specifies statutory requirements for signing and verifying pleadings in suits by or against the Government, requiring signatures by a generally or specially appointed officer and verification by an authorized person conversant with the factual matrix.

Persons authorised to act for Government

Confers the legal status of recognized agents under Order III upon ex-officio and specially authorized public officers to appear, act, and file applications on behalf of the Government in judicial proceedings.

Plaints in suits by or against Government

Dispenses with individual names and addresses in government litigation, mandating the use of the constitutional nomenclature prescribed under Section 79 of the Code (i.e., 'Union of India' or the concerned 'State of [Name]').

Agent for Government to receive process

Constitutes the Government Pleader as the statutory agent authorized to accept summons, notices, and judicial processes on behalf of the Government in that court.

Fixing of day for appearance on behalf of Government

Requires the court to grant reasonable time to the Government Pleader to obtain administrative instructions, while imposing a strict statutory ceiling that aggregate extensions for filing defense shall not exceed two months.

Government to be joined as a party in a suit against a public officer

Mandates compulsory impleadment of the Government ('shall be joined') whenever a public officer is sued for damages or official relief in respect of acts performed in their official capacity.

Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement

Imposes an active statutory duty upon courts in government litigation to facilitate amicable settlement and ADR mechanisms, empowering the court to adjourn proceedings to enable negotiations.

Attendance of person able to answer questions relating to suit against Government

Empowers the court to compel the personal attendance of an authorized departmental officer when the Government Pleader is uninformed and unaccompanied by someone conversant with the material facts of the case.

Extension of time to enable public officer to make reference to Government

Entitles a sued public officer to apply for extension of time to refer the matter to higher government authorities, making it mandatory ('shall extend') for the court to grant necessary time to receive official instructions.

Procedure in suits against public officer

Regulates government undertaking of a public officer's defense via the Government Pleader, establishing that if the State declines or fails to appear, the suit proceeds as private litigation while maintaining immunity against arrest or pre-judgment attachment.

No security to be required from Government or a public officer in certain cases

Exempts the Government and defended public officers from furnishing security under Order XLI Rules 5 and 6 when seeking stay of execution of a decree during appellate proceedings.

Definitions of “Government” and “Government pleader”

Defines 'Government' and 'Government Pleader' for Central and State Governments, linking representation to official standing counsel and pleaders appointed under Section 2(7) of the Code.

Notice to the Attorney General or the Advocate-General

Mandates that whenever a civil suit raises a substantial question of law as to the interpretation of the Constitution (under Article 132(1) read with Article 147), the court is statutorily prohibited from determining that question without prior notice to the Attorney General for India or the concerned State Advocate-General.

Procedure in suits involving validity of any statutory instrument

Inserted by Act 104 of 1976 prohibiting courts from adjudicating the ultra vires validity of delegated/subordinate legislation (statutory rules, notifications, bye-laws, schemes) without giving prior notice to the Government Pleader or the issuing statutory authority.

Court may add Government as party

Enables the trial court at any stage to add the Central or State Government as a party defendant upon an application moved by the Attorney General or Advocate-General following Rule 1 notice, ensuring effective representation of sovereign public interest.

Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument

Authorizes the court to add the Government or any issuing statutory authority (e.g. Municipal Board, Port Trust, University) as a defendant in suits challenging the validity of a statutory instrument upon an application moved by its counsel.

Costs

Immunizes the Government, statutory authorities, and Law Officers added under Rules 2 and 2A from liability for costs or entitlement to costs, except where the court expressly directs otherwise for recorded special reasons.

Application of Order to appeals

Extends Order XXVII-A provisions to appellate proceedings, treating suits as appeals and defendants as respondents, while the Explanation provides a comprehensive definition of 'statutory instrument' encompassing rules, notifications, bye-laws, orders, schemes, and forms.

Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them

Enables active military, naval, or air force personnel unable to obtain leave to execute a special written authority countersigned by their Commanding Officer empowering any representative to sue or defend in their stead, which countersignature serves as conclusive statutory proof of due execution and denial of leave.

Person so authorised may act personally or appoint pleader

Empowers the representative authorized under Rule 1 to prosecute or defend the suit personally in court or engage an advocate (pleader) on behalf of the serving armed forces member.

Service on person so authorised, or on his pleader, to be good service

Deems service of court processes, notices, and summonses upon the soldier's authorized representative or appointed pleader as legally equivalent to direct personal service on the military personnel.

Subscription and verification of pleading

Governs the signing and verification of pleadings by corporate entities, permitting the company secretary, director, or any principal officer conversant with the facts to sign and verify plaints and written statements on behalf of the corporation.

Service on corporation

Specifies valid modes of serving summons on a corporate defendant, requiring direct service on the secretary, director, or principal officer, or transmission by post to the company's registered office or principal place of business.

Power to require personal attendance of officer of corporation

Empowers the trial court at any stage of the litigation to compel the personal appearance of a company's secretary, director, or principal officer to answer material questions concerning the suit.

Suing of partners in name of firm

Enabling procedural provision permitting partners carrying on business in India to sue or be sued collectively in their firm name, while allowing any single partner to sign and verify pleadings on behalf of the partnership.

Disclosure of partners’ names

Mandates that a plaintiff firm must immediately declare in writing the names and addresses of all partners upon the defendant's written demand, failing which suit proceedings may be stayed under sub-rule (2), with the disclosed partners' names eventually entered into the final decree.

Service

Specifies valid modes of serving summons on a partnership firm (either on any partner or upon the principal manager at the principal place of business), with a crucial Proviso mandating individual service on every partner if the firm was dissolved to the plaintiff's knowledge prior to the suit.

Rights of suit on death of partner

Non-obstante clause overriding Section 45 of the Contract Act, establishing that the death of a partner prior to or during a firm suit does not abate the suit, dispensing with the necessity of impleading the deceased partner's legal representatives.

Notice in what capacity served

Requires that when summons is served on a person at the firm's premises, written notice must be served concurrently stating whether they are served as a partner or manager, creating a statutory presumption of service as partner in the absence of such notice.

Appearance of partners

Mandates that when a firm is sued, partners must enter appearance individually in their personal names, while all pleadings, proceedings, and final orders continue in the collective firm name.

No appearance except by partners

Clarifies that a non-partner manager or person in control served with summons is under no legal obligation to enter appearance in court unless they are also a partner of the sued firm.

Appearance under protest

Comprehensive procedure inserted by Act 104 of 1976 allowing a wrongly served person to appear under protest denying partnership, enabling summary trial of the preliminary issue of partnership, and barring personal execution against them under Order XXI Rule 50 if held not to be a partner.

Suits between co-partners

Extends Order XXX to internal suits between a firm and its partners, or between firms sharing common partners, while mandating that execution of any decree in such internal litigations requires prior leave of the court and equitable accounting.

Suit against person carrying on business in name other than his own

Permits third parties to sue a sole proprietorship operating under a trade name or a Hindu Undivided Family (HUF) business in its business trade name, while strictly disallowing the proprietor or HUF from instituting a suit as plaintiff in that assumed trade name.

Representation of beneficiaries in suits concerning property vested in trustees etc.

Establishes that trustees, executors, and administrators represent the beneficiaries in suits concerning vested trust/estate property against third parties, dispensing with the necessity of impleading individual beneficiaries unless the court orders otherwise.

Joinder of trustees, executors and administrators

Mandates that in any suit against a trust or estate, all co-trustees, co-executors, or co-administrators must be jointly impleaded as parties, subject to statutory exceptions for unprobated executors and fiduciaries residing outside India.

Husband of married executrix not to join

Affirms the independent legal and fiduciary status of female fiduciaries, establishing that the husband of a married female trustee, executrix, or administratrix shall not be joined as a party simply by virtue of marriage.

Minor to sue by next friend

Mandates that every civil suit by a minor must be instituted in the minor's own name through an adult 'next friend' who represents the child's interests and acts as an officer of the court.

Where suit is instituted without next friend, plaint to be taken off the file

Provides a defensive remedy where a minor files a suit without a next friend, empowering the defendant to apply to take the plaint off the file, with personal cost penalties against the presenting advocate or agent.

Security to be furnished by next friend when so ordered

Inserted by Act 104 of 1976 authorizing the court to order a minor's next friend to furnish security for the defendant's costs (and court fees in indigent suits), with default resulting in dismissal under Order XXV Rule 2.

Guardian for the suit to be appointed by Court for minor defendants

Governs the appointment of a Guardian ad litem for minor defendants, mandating judicial satisfaction of minority, sworn affidavits of no adverse interest, prior notice to natural guardians (father/mother), and continuation of the guardian through appeals, revisions, and execution.

Decree against minor not to be set aside unless prejudice has been caused to his interest

Inserted by Act 104 of 1976 establishing that a decree against a minor will not be set aside on mere technical grounds of adverse interest of the guardian unless substantive prejudice is established, while preserving the minor's right to impeach decrees obtained through guardian misconduct or gross negligence.

Who may act as next friend or be appointed guardian for the suit

Defines eligibility for next friends and guardians (adult, sound mind, non-adverse interest, not an opposing party), prioritizes certificated statutory guardians, mandates written consent under sub-rule (3), and empowers appointment of court officers as court guardians under sub-rule (4).

Representation of minor by next friend or guardian for the suit

Mandates that all applications affecting a minor must be filed through their next friend or guardian, declaring orders passed against an unrepresented minor liable to be discharged under sub-rule (2) with cost penalties against culpable counsel.

Receipt by next friend or guardian for the suit of property under decree for minor

Prohibits next friends and guardians from receiving money or movable property on behalf of a minor (whether under compromise or decree) without express leave of the court and furnishing solvent security to prevent misappropriation, with security dispensable for parents or HUF managers.

Agreement or compromise by next friend or guardian for the suit

Cornerstone provision governing compromises involving minors, mandating express prior leave of the court recorded in writing, backed by an affidavit and advocate's certificate of minor's benefit under sub-rule (1A), rendering any unauthorized compromise voidable at the option of the minor under sub-rule (2).

Retirement of next friend

Prohibits a minor's next friend from retiring from the suit without procuring a solvent, fit substitute and securing past costs, supported by an affidavit of non-adverse interest.

Removal of next friend

Enumerates grounds for removal of a next friend (adverse interest, collusion with defendant, dereliction of duty, moving abroad), giving statutory priority to certificated guardians under sub-rule (2).

Stay of proceedings on removal, etc., of next friend

Mandates an automatic stay of proceedings upon the retirement, removal, or death of a next friend until a successor is appointed, enabling any interested person to apply under sub-rule (2) if counsel defaults.

Retirement, removal or death of guardian for the suit

Empowers the court to permit retirement or effect removal of an inactive or derelict guardian ad litem, imposing a mandatory obligation under sub-rule (2) to appoint a new guardian upon vacancy.

Course to be followed by minor plaintiff or applicant on attaining majority

Prescribes the statutory procedure when a minor plaintiff attains majority during the suit, requiring an election to proceed (discharging the next friend and amending cause title) or abandon the litigation upon compensating costs.

Where minor co-plaintiff attaining majority desires to repudiate suit

Regulates the repudiation of a suit by a minor co-plaintiff upon attaining majority, permitting their name to be struck out if non-essential, or transposing them as a defendant under sub-rule (4) if they are a necessary party.

Unreasonable or improper suit

Enables a former minor plaintiff on attaining majority to seek summary dismissal of a vexatious or improper suit instituted by their next friend, with power in the court to saddle all costs personally on the next friend under sub-rule (2).

Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind

Extends the entire protective machinery of Order XXXII (Rules 1 to 14) to persons of unsound mind and individuals suffering from mental infirmities, mandating a judicial inquiry by the trial court before proceeding.

Savings

Savings clause exempting foreign rulers suing or sued in their State's name, while preserving the operation of state and local enactments governing litigation by or against minors and mentally disabled persons.

Application of the Order

Defines the comprehensive jurisdictional ambit of Order XXXII-A over all family and domestic disputes, including matrimonial relief, legitimacy, child custody, maintenance, adoption, family wills/succession, and personal law matters.

Proceedings to be held in camera

Guarantees in-camera (confidential, closed-door) hearings in all family and matrimonial disputes, making in-camera proceedings mandatory upon the request of either party to safeguard privacy and dignity.

Duty of Court to make efforts for settlement

Imposes a mandatory statutory duty upon the court in all family proceedings to actively facilitate reconciliation and settlement in the first instance, empowering adjournments at any stage to enable mediation and ADR.

Assistance of welfare expert

Authorizes the court to engage family counselors, social workers, or welfare experts (with a statutory preference for women) to assist the judge in facilitating conciliation and resolving emotional domestic blockades.

Duty to enquire into facts

Imposes an active inquisitorial duty upon the court in family proceedings to inquire into the underlying facts alleged by both parties rather than acting as a passive spectator.

“Family”—meaning of

Provides an expansive, inclusive statutory definition of 'family' encompassing cohabiting spouses, biological or maintained children, single parents, siblings, ancestors, and co-residing lineal descendants, preserving personal law concepts via the Explanation.

Suits may be instituted by indigent persons

Constitutional gateway provision (read with Article 39A) allowing indigent litigants devoid of sufficient liquid means (excluding exempt necessities and suit property) to institute civil suits without prepayment of heavy ad valorem court fees.

Inquiry into the means of an indigent person

Delegates the preliminary fact-finding inquiry regarding an applicant's financial assets and income to the court's chief ministerial officer (Nazir/Munsarim/Tehsildar), with residual judicial discretion in the judge to adopt the report or conduct a direct inquiry.

Contents of application

Prescribes the mandatory formal contents of an indigent application, requiring it to be structured like a regular plaint, accompanied by a verified schedule of all movable and immovable assets with estimated market values, and signed under Order VI Rules 14 and 15.

Presentation of application

Mandates personal presentation of the indigent application by the applicant in court (or by an authorized agent if legally exempted, or by one of co-plaintiffs), enabling immediate preliminary oral examination by the presiding judge.

Examination of applicant

Authorizes the trial judge to conduct a preliminary examination of the applicant regarding the merits of the legal claim and their assets, permitting issue of a commission under sub-rule (2) if the application was presented through an agent.

Rejection of application

Exhaustive mandatory rejection grounds for indigent applications, requiring dismissal if defective, solvent, involves fraudulent transfers within 2 months, lacks a cause of action, is barred by law (e.g. limitation), or involves champerty/litigation financing agreements.

Notice of day for receiving evidence of applicant’s indigency

Requires the court, if the application survives Rule 5 screening, to schedule an evidentiary hearing on indigency with at least ten days' clear notice to both the opposite party and the Government Pleader.

Procedure at hearing

Governs the evidentiary trial of indigency, restricting third-party witness testimony to solvency, fraudulent transfers, and third-party agreements under sub-rule (1A), followed by oral arguments and a final order allowing or refusing indigent status.

Procedure if application admitted

Provides that once leave is granted, the application is automatically registered and numbered as a regular suit, deemed to be the plaint from inception, with complete exemption from court fees and process fees throughout the trial.

Withdrawal of permission to sue as an indigent person

Authorizes the court on application by the defendant or Government Pleader (with 7 days' clear notice) to revoke indigent status if the plaintiff engages in improper conduct, acquires sufficient financial means during the suit, or enters into champertous third-party agreements.

Court to assign a pleader to an unrepresented indigent person

Codifies free legal aid into the Civil Procedure Code pursuant to Article 39A of the Constitution, empowering courts to assign competent legal counsel at state expense to represent unrepresented indigent plaintiffs.

Costs where indigent person succeeds

Mandates that where an indigent plaintiff succeeds, the court must calculate the deferred court fees and direct recovery from the judgment-debtor or losing party, declaring the unpaid court fee to be a statutory first charge on the subject-matter of the suit.

Procedure where indigent person fails

Directs the court, where an indigent plaintiff loses the suit, withdraws it, suffers dismissal for non-prosecution, or has permission revoked, to order the plaintiff or co-plaintiff to pay the full deferred court fees.

Procedure where indigent person’s suit abates

Inserted by Act 104 of 1976 providing that where an indigent person's suit abates upon their death, the deferred court fees shall be recovered by the State Government from the estate left by the deceased plaintiff.

State Government may apply for payment of court-fees

Vests an independent statutory right in the State Government to apply to the trial court at any time for recovery of unpaid court fees under Rules 10, 11, or 11A.

State Government to be deemed a party

Deems all court-fee disputes between the State Government and suit parties to be questions arising in execution under Section 47, eliminating separate suits and enabling direct resolution in execution.

Recovery of amount of court-fees

Empowers summary revenue recovery of deferred court fees by directing the court to forward the decree to the District Collector for realization as arrears of land revenue.

Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature

Establishes that refusal of an indigent application bars any second indigent application on the same cause of action, while preserving the right to institute a regular suit upon paying regular court fees and clearing the costs incurred by the State and opposite party.

Grant of time for payment of court-fee

Vital protective rule inserted by Act 104 of 1976 empowering the court, upon rejecting or refusing an indigent application, to grant time for payment of court fees, with the landmark consequence that upon payment, the suit relates back to the original presentation date, preventing limitation bars.

Costs

Declares that the legal expenses incurred in filing the indigent application and conducting the inquiry into financial means shall be treated as costs in the cause, allocated at final judgment.

Defence by an indigent person

Extends indigent status to defendants seeking to plead an equitable/legal set-off or file a cross counter-claim under Order VIII Rule 6 or 6A without prepayment of ad valorem court fees.

Power of Government to provide for free legal services to indigent persons

Enabling statutory framework authorizing Central/State Governments and High Courts to establish supplementary schemes and institutional agencies (such as Legal Services Authorities) providing free legal representation, drafting, and trial assistance to indigent litigants.

Parties to suits for foreclosure sale and redemption

Mandates the joinder of all persons holding an interest in the mortgage security or equity of redemption as necessary parties in foreclosure, sale, or redemption suits, while providing an exception for prior mortgagees in suits by puisne mortgagees.

Preliminary decree in foreclosure suit

Governs the preliminary decree in a foreclosure suit, mandating the taking of accounts or declaration of mortgage debt, granting a 6-month statutory redemption window to the defendant, and empowering the court to extend time prior to a final decree.

Final decree in foreclosure suit

Authorizes the final decree in foreclosure suits—either restoring property and title deeds to the defendant upon timely deposit, or extinguishing the mortgagor's right of redemption and discharging personal liabilities upon default.

Preliminary decree in suit for sale

Governs preliminary decrees in mortgage suits for sale, fixing amounts due and providing a 6-month payment window, failing which the mortgagee can apply for a final decree to sell the mortgaged property at court auction.

Final decree in suit for sale

Allows the mortgagor to redeem the property at any time before the court confirms the auction sale upon depositing the mortgage debt plus a 5% compensatory penalty to the auction purchaser; otherwise directs the passing of a final decree for public sale.

Recovery of balance due on mortgage in suit for sale

Authorizes the court to pass a personal money decree against the mortgagor for the unpaid balance if the mortgage sale proceeds fall short, provided the personal liability is legally enforceable and not time-barred.

Preliminary decree in redemption suit

Governs the preliminary decree in a suit for redemption filed by the mortgagor, ascertaining the debt due, granting 6 months to deposit, and specifying remedies of sale or foreclosure to the mortgagee in case of default.

Final decree in redemption suit

Governs the final decree in a redemption suit, enabling the mortgagor to redeem and reclaim possession upon deposit anytime before confirmation of sale (plus 5% penalty to auction purchaser), or ordering foreclosure/sale upon default.

Recovery of balance due on mortgage in suit for redemption

Enables the mortgagee-defendant in a redemption suit to obtain a personal deficiency decree in execution against the mortgagor-plaintiff if the sale proceeds of the mortgaged property fail to satisfy the mortgage debt.

Decree where nothing is found due or where mortgagee has been overpaid

Directs the court to pass a decree ordering the mortgagee to restore the property, deliver possession, and refund any surplus usufruct/overpayment to the mortgagor if the accounting reveals that the mortgage debt was fully discharged or overpaid.

Costs of mortgagee subsequent to decree

Provides for adding subsequent legitimate costs, charges, and expenses incurred by the mortgagee up to actual realization to the mortgage debt, while penalizing the mortgagee in costs if the mortgagor tendered the full debt prior to or at the institution of the suit.

Power of Court to direct mortgagee to pay mesne profits

Mandates the court to award mesne profits to the mortgagor from the date of the suit against a foreclosure mortgagee if the mortgagor had tendered or deposited the mortgage debt before or at the time of filing the suit.

Payment of interest

Regulates the award of interest in mortgage decrees across three distinct phases: contractual interest up to the date fixed for redemption, a 6% cap on pre-decree costs, and court's reasonable discretion for post-decree interest until actual realization.

Sale of property subject to prior mortgage

Permits the court, with the express consent of a prior mortgagee, to sell the mortgaged property free of the prior mortgage, transferring the prior mortgagee's first security claim directly onto the sale proceeds.

Application of proceeds

Prescribes the strict statutory waterfall priority for distributing sale proceeds realized under Order XXXIV: (1) auction expenses, (2) prior mortgage dues, (3) current mortgage interest and suit costs, (4) current mortgage principal, and (5) residue to the mortgagor or interested claimants.

Suit for sale necessary for bringing mortgaged property to sale

Prohibits a mortgagee who obtained a simple money decree for a claim arising under the mortgage from selling the mortgaged property in execution without instituting a proper mortgage suit for sale, expressly overriding Order II Rule 2.

Mortgages by the deposit of title deeds and charges

Applies simple mortgage provisions to equitable mortgages (deposit of title deeds) and statutory/contractual charges, and allows direct execution sale without a fresh suit where a decree itself creates a charge on immovable property.

Plaint in interpleader-suit

Prescribes the three mandatory averments in an interpleader plaint under Section 88 CPC: disclaiming any beneficial interest in the property beyond legitimate charges/costs, detailing the adverse competing claims of the defendants, and asserting the absence of collusion.

Payment of thing claimed into Court

Empowers the court to compel the plaintiff to deposit the disputed money or surrender movable property into the court's registry as a prerequisite condition before granting any substantive order or discharge.