Code of Civil Procedure (India)

To give uniformity to Civil Procedure, the Legislative Council of India enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it was felt that it needed flexibility for timeliness and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended a number of times, it has withstood the test of time. ==Amendments==

The Code of Civil Procedure was substantially amended in the year 2002. The main purpose of the Amendment to the code was to ensure speedy disposal of civil cases governed under the Act. Civil Procedure Code (Amendment) Act 2015 Keeping in view the establishment of Commercial Court and the provisions thereof, Civil Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to commercial disputes of specified value. The act clarified that the provisions of the Civil Procedure Code as amended by the Act would have an overriding effect over any rules of the High Court or of the amendments made by the state government concerned. The Code of Civil Procedure, 1908 was further amended in the year 2018. == Arrangement of Sections ==

Preliminary (Section 1 to 8) Part 1- Suits in General Jurisdiction of the Courts and Res-Judicata (Section 9 to 14) Place of Suing (Section 15 to 25) Institution of Suit (Section 26 to 33) Judgement and Decree Section 33 - Judgement and Decree Interest Section 34 - Interest Costs (Section 35, 35A and 35B) Part 2- Execution General (Section 36 and 37) Courts by which decrees may be executed (Section 38 to 46) Questions to be determined by the Court executing decree. Section 47 - Questions to be determined by the Court executing decree. Limit of time for execution Section 48 - [Repealed] Transferees and Legal Representatives Procedure in Execution (Section 51 to 54) Arrest and Detention (Section 55 to 59) Attachment (Section 60 to 64) Sale (Section 65, 66 and 67) Delegation to Collector of Power to execute decrees against immovable property. Section 68 to 72 - Repealed. Distribution of Assets Section 73 - Proceeds of execution-sale to be rateably distributed among decree-holders. Resistance to Execution Section 74 - Resistance to execution. Part 3- Incidental Proceedings Commissions (Section 75 to 78) Part 4- Suits in Particular Cases Suits by or Against the Government or Public Officers in their Official Capacity Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys Suits against Rulers of Former Indian States Section 87B- Application of sections 85 and 86 to Rulers of former Indian States. Interpleader Section 88- Where interpleader-suit may be instituted. Part 5- Special Proceedings Arbitration Section 89- Settlement of disputes outside the Court. Special Case Section 90- Power to state case for opinion of Court. Public Nuisances and other Wrongful Acts affecting the public Part 6- Supplemental Proceedings Part 7- Appeals Appeals from Original Decrees Appeals from Appellate Decrees Appeals from Orders General Provisions relating to Appeals Appeals to the Supreme Court Part 8- Reference, review and revision Part 9- Special Provisions relating to the High Courts not being the Court of Judicial Commissioner Part 10- Rules Part 11- Miscellaneous == Arrangement of Schedules ==

Order 1- Parties to Suits Order 2- Frame of Suit Order 3- Recognized Agents and Pleaders Order 4- Institution of suits Order 5- Issue and Service of Summons Issue of summons Service of Summons Order 6- Pleadings Generally Order 7- Plaint and Documents replied on in Plaint. Order 8- Written statement, set-off and counter-claim Order 9- Appearance of Parties and Consequence of non-Appearance | Setting aside Decree ex-parte. Order 10- Examination of Parties by the Court Order 11- Discovery and Inspection Order 12- Admissions Order 13- Production, Impounding and Return of Documents Order 14- Settlement of issues and determination of suit on issues of law or on Issues agreed upon. Order 15- Disposal of the Suit at the First Hearing Order 16- Summoning and Attendance of Witnesses Order 15-A- Attendance of Witnesses Confined or Demand in Prisons Order 16- Adjournment Order 17- Hearing of the Suit and Examination of Witnesses Order 18- Hearing of the Suit and Examination of Witnesses Order 19- Affidavits Order 20- Judgement and Decree Order 20A- Costs Order 21- Execution of Decrees and Orders Source: Payment under Decree Application for Execution Process for execution Stay of execution Mode of execution Attachment of property Adjudication of claims and objections Sale generally Sale of movable property Sale of immovable property Resistance to delivery of possession to decree-holder or purchaser == See also ==