Code of Civil Procedure, 1908
(1) This Act may be cited as the Code of Civil Procedure, 1 9 0 8 .
(2) It shall come into force on the first day of January, 1909.
1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by
Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts:—
(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills, Goalpara (including the Eastern Duars),
Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excluding the Mikir Hill Tracts) and Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt. I, p. 1690.
(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur:
Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33.
(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P. Gazette, 1909, Pt. I, p. 3
and Gazette of India, 1909, Pt. I, p. 31.
(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette,
1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
(5) Coorg: Gazette of India, 1909, Pt. I, p. 32.
(6) Scheduled Districts in the Punjab: Gazette of India, 1909, Pt. I, p. 33.
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I., p. 152.
(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the
attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such property: Gazette of India, 1909, Pt. I, p. 239.
(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.
(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the District of Singhbhum: Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909, Pt. I, p. 443.
Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation,
1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation,
1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3
and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation (5 of 1951), s.2.
It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.: to Goa, Daman and Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of
1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599 (E), dated 13-8-1984, Gazette of India, Extraordinary., Part. II, s. 3.
[(3) It extends to the whole of India except—
*
(b) the State of Nagaland and the tribal areas:
Provided that the State Government concerned may, by notification in the Official Gazette, extend the
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas,
as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.
Explanation. — In this clause, “tribal areas” means the territories which, immediately before the
21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.
(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam
Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “Code” includes rules;
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection
of a plaint and the determination of any question within
*** section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit.
It may be partly preliminary and partly final;
(3) “decree-holder” means any person in whose favour a decree has been passed or an order
capable of execution has been made;
(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original
jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary
original civil jurisdiction of a High Court;
[(5) “foreign Court” means a Court situate outside India and not established or continued by the
authority of the Central Government;]
(6) “foreign judgment” means the judgment of a foreign Court;
(7) “Government Pleader” includes any officer appointed by the State Government to perform all
or any of the functions expressly imposed by this Code on the Government Pleader and also any
pleader acting under the directions of the Government Pleader;
[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in
Calcutta;
(7B) “India”, except in sections 1, 29, 43, 44,
[44A,] 78, 79, 82, 83 and 87A, means the territory
of India excluding the State of Jammu and Kashmir;]
(8) “Judge” means the presiding officer of a Civil Court;
(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
(10) “judgment-debtor” means any person against whom a decree has been passed or an order
capable of execution has been made;
(11) “legal representative” means a person who in law represents the estate of a deceased person,
and includes any person who intermeddles with the estate of the deceased and where a party sues or is
sued in a representative character the person on whom the estate devolves on the death of the party so
suing or sued;
(12) “mesne profits” of property means those profits which the person in wrongful possession of
such property actually received or might with ordinary diligence have received therefrom, together
with interest on such profits, but shall not include profits due to improvements made by the person in
wrongful possession;
(13) “movable property” includes growing crops;
(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;
(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an
advocate, a vakil and an attorney of a High Court;
(16) “prescribed” means prescribed by rules;
(17) “public officer” means a person falling under any of the following descriptions, namely :—
(a) every Judge;
(b) every member of
[an All-India Service];
(c) every commissioned or gazetted officer in the military
[naval or air] forces of.
[the Union]
*** while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or
dispose of any property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order, in the Court, and every person especially authorised by a court of
Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property
on behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the
protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty;
(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or
section 125;
(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or
bonds; and
(20) “signed”, save in the case of a judgment or decree, includes stamped.
*