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 FLOW CHART: THE CIVIL PROCEDURE CODE, 1908
(SECTIONS AND ORDERS)

CIVIL PROCEDURE CODE

PRELIMINARY

SECTION 9
SECTION 6
SECTION 2 COURTS TO SECTION 10
PECUNIARY TRY SUITS
DEFINITIONS. RES SUB-JUDICE.
JURISDICTION. UNLESS
BARRED.

SECTION 12
SECTION 11
BAR TO FURTHER
RES JUDICATA. SUIT.

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 CIVIL PROCEDURE CODE

FOREIGN
JUDGEMENTS PLACE OF SUING

SECTION 13 SECTION 14 SECTION 15 SECTION 16

WHEN PRESUMPTION COURTS IN SUITS TO
FOREIGN AS TO WHICH SUITS BE
JUDGEMENTS FOREIGN TO BE INSTITUTED
NOT JUDGEMENTS. INSTITUTED. WHERE
CONCLUSIVE. SUBJECT
MATTER-
SITUATE.

SECTION 17 SECTION 18 SECTION 19

SUITS FOR PLACE OF SUITS FOR
IMMOVABLE INSTITUTION OF COMPENSATION
PROPERTY SUIT WHERE FOR WRONGS
SITUATE WITHIN LOCAL LIMITS OF TO PERSON OR
THE JURISDICTION OF MOVABLE.
JURISDICTION OF COURTS ARE
DIFFERENT UNCERTAIN.
COURTS.

SECTION 20
SECTION 21A
OTHER SUITS TO
BAR ON SUIT TO
BE INSTITUTED SECTION 21
SET ASIDE
WHERE
OBJECTIONS TO DECREE OR
DEFENDANTS
JURISDICTION. OBJECTION AS
RESIDES OR
TO PLACE OF
CAUSE OF
SUING.
ACTION ARISES.

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 CIVIL PROCEDURE CODE

PROVISIONS FOR TRANSFER AND

WITHDRAWAL OF SUITS, APPEALS
AND OTHER PROCEEDINGS FROM
ONE COURT TO ANOTHER

SECTION 22
SECTION 23 SECTION 24 SECTION 25
POWERS TO
TO WHAT GENERAL POWER OF
TRANSFER
SUITS WHICH COURT POWER OF SUPREME COURT
MAYBE APPLICATION TRANSFER AND TO TRANSFER
INSTITUTED IN LIES. WITHDRAWAL. SUITS ETC.
MORE THAN
ONE COURT.

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 CIVIL PROCEDURE CODE

SECTION 26

INSTITUTION OF SUITS

Order 1 – PARTIES TO
SUITS Order 2 – FRAME OF Order 4 –
SUIT INSTITUTION OF
SUITS
Rule 1. Who may be joined
Rule 1. Frame of suit.
as plaintiffs. Rule 1. Suit to be
Rule 3. Joinder of causes
Rule 3. Who may be joined commenced by plaint.
of action.
as defendants. Rule 2. Register of
Rule 7. Objections as
Rule 9. Mis-joinder suits.
to mis-joinder.
and non-joinder.

Rule 10. Suit in name of

wrong plaintiff.

Rule 13. Objections as to

non-joinder or mis-joinder.

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 PROVISIONS REGARDING SUMMONS

SECTION 27 SECTION 29 SECTION

SECTION 28 SECTION 30 SECTION 31
32
SUMMONS SERVICE
TO SERVICE OF POWER TO SUMMONS
OF PENALTY
DEFENDANT SUMMONS DISCOVERY TO
FOREIGN FOR
S. WHEN AND THE WITNESS.
SUMMONS. DEFAULT.
DEFENDANT LIKE.
RESIDES IN
ANOTHER
STATE.

Order 5 – ISSUE AND SERVICE OF SUMMONS

Rule 1. Summons.

Rule 3. Court may order defendant or plaintiff to appear in

person.

Rule 9. Delivery or transmission of summons for service.

Rule 9A. Summons given to the plaintiff for service.

Rule 15. Where service may be on an adult member of

defendant’s family.

Rule 17. Procedure when defendant refuses to accept

service, or cannot be found.

Rule 20. Substituted service.

Rule 24. Service on defendant in prison.

Rule 28. Service on soldiers, sailors or airmen.

Rule 30. Substitution of letter for summons

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 CIVIL PROCEDURE CODE

SECTION 33 SECTION 35 COSTS SECTION 35B

JUDGEMENT AND SECTION 35A COSTS FOR
DECREE. CAUSING DELAY.
COMPENSATORY
COSTS IN RESPECT
OF FALSE OR
VEXATIOUS CLAIMS
OR DEFENCES.

Order 20- JUDGMENT

AND DECREE

Rule 1. Judgment when

pronounced.
Order 20A- COSTS
Rule 6. Contents of decree.
Rule 1. Provisions relating to certain items.
Rule 6A. Last paragraph of
Rule 2. Costs to be awarded in accordance with
judgment to indicate in
the rules made by High Court
precise terms the reliefs

granted.

Rule 12. Decree for

possession and mesne profits.

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 CIVIL PROCEDURE CODE

EXECUTION

SECTION 36-74

SECTION 37 SECTION 38
SECTION 36 SECTION 39
DEFINITION DECREE MAY BE
APPLICATION TRANSFER
OF COURT EXECUTED
TO ORDERS. WHICH EITHER BY THE OF DECREE.
PASSED A COURT WHICH
DECREE. PASSED IT, OR
BY THE COURT
TO WHICH IT IS
SENT FOR
EXECUTION.

SECTION 55
SECTION 52 SECTION 56 SECTION 60

SECTION 46 ARREST AND

ENFORCEMENT PROHIBITION PROPERTY
DETENTION,
OF DECREE OF ARREST OR LIABLE TO
PRECEPTS. JUDGEMENT
AGAINST LEGAL DETENTION OF ATTACHMENT
DEBTOR MAY
REPRESENTATIVE WOMEN IN AND SALE IN
BE ARRESTED
. EXECUTION OF EXECUTION
IN A DECREE FOR OF DECREE.
EXECUTION. MONEY.

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Order 21- EXECUTION OF DECREES AND ORDERS

Rule 3. Lands situate in more than one jurisdiction.

Rule 6. Procedure where Court desires that its own decree shall be

executed by another Court.

Rule 9. Execution of High Court of decree transferred by other Court.

Rule 11. Oral application.

Rule 18. Execution in case of cross-decrees.

Rule 19. Execution in case of cross-claims under same decree.

Rule 24. Process for execution.

Rule 26. When Court may stay execution.

Rule 32. Decree for specific performance for restitution of conjugal rights

or for an injunction.

Rule 41-57. Attachment of property

Rule 58. Adjudication of claims to, or objections to attachment of,

property.

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 CIVIL PROCEDURE CODE

COMMISSION

SECTIONS 75.
SECTION 76. SECTION 78.
SECTION 77. COMMISSIONS
POWER OF
COURT TO COMMISSION ISSUED BY
LETTER OF
ISSUE TO ANOTHER FOREIGN
REQUEST.
COMMISSIONS. COURT. COURTS.

Order 26- COMMISSIONS

Rule 1. Cases in which Court may issue commission to examine

witness.

Rule 9. Commissions to make local investigations.

Rule 10. Procedure of Commissioner.

Rule 10A. Commission for scientific investigation.

Rule 10B. Commission for performance of a ministerial act.

Rule 10C. Commission for the sale of movable property.

Rule 11. Commission to examine or adjust accounts.

Rule 13. Commission to make partition of immovable property.

Rule 16. Powers of Commissioners.

Rule 19. Cases in which High Court may issue commission to

examine witness

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 SUITS IN PARTICULAR
CASES

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN

THEIR OFFICIAL CAPACITY

SECTION 79
SECTION 82
SUITS BY OR SECTION
EXECUTION OF
AGAINST 80 DECREE.
GOVERNMENT.
NOTICE.

Order 27 SUITS BY OR AGAINST THE GOVERNMENT OR

PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Rule 1. Suits by or against Government

Rule 2. Persons authorised to act for Government

Rule 3. Plaints in suits by or against Government

Rule 4. Agent for Government to receive process

Rule 5. Fixing of day for appearance on behalf of Government

Rule 5A. Government to be joined as a party in a suit against a public

officer

Rule 5B. Duty of Court in suits against the Government or a public

officer to assist in arriving at a settlement

Rule 6. Attendance of person able to answer questions relating to suit

against Government

Rule 7. Extension of time to enable public officer to make reference to

Government

Rule 8. Procedure in suits against public officer

Rule 8A. No security to be required from Government or a public

officer in certain cases

Rule 8B. Definitions of "Government" and "Government pleader

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 SUITS IN PARTICULAR CASES

SUITS BY ALIENS AND BY OR AGAINST

FOREIGN RULERS, AMBASSADORS AND
ENVOYS

SECTION 85

SECTION 83 SECTION 84 PERSONS SPECIALLY

APPOINTED BY
WHEN ALIENS WHEN FOREIGN GOVERNMENT TO
MAY SUE. STATES MAY SUE. PROSECUTE OR
DEFEND ON BEHALF
OF FOREIGN.

SECTION 86

SUITS AGAINST
FOREIGN RULERS,
AMBASSADORS
AND ENVOYS.

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 SUITS IN PARTICULAR CASES

INTERPLEADER

SECTION 88.

WHERE INTERPLEADER-SUIT MAY BE

INSTITUTED.

Order 35 – INTERPLEADER

1. Plaint in interpleader-suit.

2. Payment of thing claimed into Court.

3. Procedure where defendant is suing plaintiff.

4. Procedure at first hearing.

5. Agents and tenants may not institute interpleader-suits.

6. Charge for plaintiff's costs.

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 CODE OF CIVIL PROCEDURE

SPECIAL PROCEEDINGS

PUBLIC NUISANCES AND

OTHER WRONGFUL ACTS
ARBITRATION
AFFECTING THE PUBLIC
SECTION 89.
SECTION 91.
SETTLEMENT OF DISPUTES
PUBLIC NUISANCES AND
OUTSIDE THE COURT.
OTHER WRONGFUL ACTS
AFFECTING THE PUBLIC.

SUPPLEMENTAL
PROCEEDINGS

SECTION 95.
SECTION 94.
COMPENSATION FOR
SUPPLEMENTAL
OBTAINING ARREST,
PROCEEDINGS. ATTACHMENT OR
INJUNCTION ON
INSUFFICIENT GROUNDS.

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 APPEALS

SECTION 96

APPEAL FROM ORIGINAL

DECREES

SECTION 97. SECTION 99.

SECTION 98.
APPEAL FROM NO DECREE TO
FINAL DECREE DECISION
BE REVERSED
WHERE NO WHERE APPEAL
OR MODIFIED
APPEAL FROM HEARD BY
FOR ERROR OR
PRELIMINARY TWO OR MORE
IRREGULARITY
DECREE. JUDGES.
NOT AFFECTING
MERITS OR
JURISDICTION.

APPEAL FROM APPELLATE

DECREES

SECTION 100. SECTION 100A SECTION 101 SECTION 102

SECOND NO FURTHER SECOND NO SECOND
APPEAL. APPEAL IN APPEAL ON NO APPEAL IN
CERTAIN OTHER CERTAIN
CASES. GROUNDS. CASES.

SECTION 103.

POWER OF HIGH
COURT TO
DETERMINE ISSUE
OF FACT.

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 APPEAL FROM ORDERS

SECTION 106.
SECTION 104.
SECTION 105.
WHAT COURTS
ORDERS
OTHER ORDERS. TO HEAR
FROM WHICH APPEALS.
APPEAL LIES.

GENERAL PROVISIONS
RELATING TO APPEAL

SECTION 107. SECTION 108 SECTION 109

POWERS OF PROCEDURE IN WHEN APPEALS
APPELLATE APPEALS FROM LIE TO THE
COURT. APPELLATE SUPREME
DECREES AND COURT.
ORDERS.

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 ORDER FOR APPEALS

Order 41- Order 42- Order 43- Order 45- APPEALS

APPEALS FROM APPEALS FROM APPEALS FROM TO THE SUPREME
ORIGINAL APPELLATE ORDERS COURT
DECREES DECREES
Rule 1A. Right to Rule 1-16. Procedure.
Rule 2. Grounds Rule 1. Procedure.
challenge non-
which may be taken
appealable orders in
in appeal.
appeal against
Rule 5. Stay by
decree.
Appellate Court.

Rule 37. Certified

copy of decree to be

sent to Court whose

decree appealed from.

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 REFERENCE, REVIEW AND
REVISION

SECTION 115.
SECTION 115
SECTION 114
REFERENCE.
REVISION.
REVIEW.

Order 46- Order 47- REVIEW

REFERENCE

Rule 1. Application for

Rule 1. Reference of
review of judgment.
question to High
Rule 4. Application where
Court.
rejected.
Rule 4A. Reference to

high Court under

proviso to section 113.

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 MISCELLANEOUS

SECTION 144 SECTION 148A

APPLICATION SECTION 148
FOR RIGHT TO
ENLARGEMENT
RESTITUTION. LODGE A
OF TIME.
CAVEAT.

SECTION 151 SECTION 152

SECTION 153
SAVING OF AMENDMENT OF
INHERENT GENERAL
JUDGMENTS,
POWERS OF POWER TO
DECREES OR
COURT. AMEND.
ORDERS.

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 IMPORTANT ORDERS

Order 6 – PLEADINGS Order 7 – PLAINT

GENERALLY

Rule 1. Particulars to be contained in

Rule 1. Pleading.
plaint.
Rule 2. Pleading to state material
Rule 4. When plaintiff sues as
facts and not evidence.
representative.
Rule 3. Forms of pleading.
Rule 10. Return of plaint.
Rule 16. Striking out pleadings.
Rule 11. Rejection of plaint.
Rule 17. Amendment of pleadings.
Rule 14. Production of document on
Rule 18. Failure to amend after order.
which plaintiff sues.

Order 8 – WRITTEN
STATEMENT, SET-OF AND
COUNTER-CLAIM

Rule 1. Written statement.

Rule 1A. Duty of defendant to

produce documents upon which relief

is claimed or relied upon by him.

Rule 6. Particulars of set-off to be

given in written statement.

Rule 6A. Counter-claim by defendant.

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 IMPORTANT ORDERS

Order 9- APPEARANCE OF Order 10- EXAMINATION

PARTIES AND CONSEQUENCE OF PARTIES BY THE
OF NON-APPEARANCE COURT

Rule 1. Parties to appear on day Rule 1. Ascertainment whether

fixed in summons for defendant to allegations in pleadings are
appear and answer. admitted or denied.
Rule 3. Where neither party Rule 1A. Direction of the court
appears, suit to be dismissed. to opt for any one mode of
Rule 5. Dismissal of suit where alternative dispute resolution.
plaintiff after summons returned Rule 3. Substance of
unserved, fails for one month to examination to be written.
apply for fresh summons.

Rule 6. Procedure when only

plaintiff appears.

Rule 8. Procedure where

defendant only appears.

Rule 13. Setting aside decree ex-

parte against defendant.

Rule 14. No decree to be set aside

without notice to opposite party.

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 IMPORTANT ORDERS

Order 14- SETTLEMENT OF Order 15- DISPOSAL OF

ISSUES AND DETERMINATION THE SUIT AT THE FIRST
OF SUIT ON ISSUES OF LAW HEARING
OR ON ISSUES AGREED UPON

Rule 1. Parties not at issue.

Rule 1. Framing of issues.
Rule 2. One of several
Rule 3. Materials from which issues
defendants not at issue.
may be framed.
Rule 3. Parties at issue.
Rule 5. Power to amend and strike
Rule 4. Failure to produce
out, issues.
evidence.

Order 17- ADJOURNMENTS

Rule 1. Court may grant time and

adjourn hearing.

Rule 2. Procedure if parties fail to

appear on day fixed.

Rule 3. Court may proceed

notwithstanding either party fails

to produce evidence, etc.

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 IMPORTANT ORDERS

Order 32- SUITS BY OR Order 33- SUITS BY

AGAINST MINORS AND INDIGENT PERSONS
PERSONS OF UNSOUND
MIND
Rule 1. Suits may be instituted by indigent

Rule 1. Minor to sue by next person.

friend. Rule 3. Presentation of

Rule 2A. Security to be furnished application. Rule 4. Examination

by next friend when so ordered. of applicant. Rule 5. Rejection of

Rule 4. Who may act as next friend application.

or be appointed guardian for the Rule 9. Withdrawal of permission to sue as

suit. an indigent person.

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 IMPORTANT ORDERS

Order 38- ARREST AND

Order 39- TEMPORARY INJUNCTIONS
ATTACHMENT BEFORE
JUDGEMENT AND INTERLOCUTORY ORDERS

Rule 7. Mode of Rule 1. Cases in which temporary injunction

making attachment. may be granted.

Rule 9. Removal of attachment Rule 3A. Court to dispose of application for

when security furnished or suit injunction within thirty days.

dismissed.

Rule 11. Property attached before

judgment not to be re-attached in

execution of decree.

Rule 11A. Provisions applicable

to attachment.

Rule 12. Agricultural produce not

attachable before judgment.

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