## CPC 1

### CPC 1 — Notice to the Attorney General or the Advocate
- https://unisonlegal.in/statutes/cpc/1

> 1. Notice to the Attorney General or the Advocate-General.
1A. Procedure in suits involving validity of any statutory instrument.
2. Court may add Government as party.
2A. Power of Court to add Government or other authority as a defendant in a suit relating to
 the validity of any statutory instrument.
3. Costs.
4. Application of Order to appeals.
ORDER XXVIII
SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue
or defend for them.
2. Person so authorised may act personally or appoint pleader.
3. Service on person so authorised, or on his pleader, to be good service.
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ORDER XXIX
SUITS BY OR AGAINST CORPORATIONS
1. Subscription and verification of pleading.
2. Service on corporation.
3. Power to require personal attendance of officer of corporation.

ORDER XXX
SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
1. Suing of partners in name of firm.
2. Disclosure of partners' names.
3. Service.
4. Rights of suit on death of partner.
5. Notice in what capacity served.
6. Appearance of partners.
7. No appearance except by partners.
8. Appearance under protest.
9. Suits between co-partners.
 10. Suit against person carrying on business in name other than his own.

ORDER XXXI
SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.
2. Joinder of trustees, executors and administrators.
3. Husband of married executrix not to join.

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

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16. Savings.
ORDER XXXIIA
SUITS RELATING TO MATTERS CONCERNING THE FAMILY
1. Application of the Order.
2. Proceedings to be held in camera.
3. Duty of Court to make efforts for settlement.
4. Assistance of welfare expert.
5. Duty to enquire into facts.
6. "Family"-Meaning of.
ORDER XXXIII

 SUITS BY INDIGENT PERSONS
1. Suits may be instituted by indigent persons.
 1A. Inquiry into the means of an indigent person.
2. Contents of application.
3. Presentation of application.
4. Examination of applicant.

If presented by agent, Court may order applicant to be examined by commission.
5. Rejection of application.
6. Notice of day for receiving evidence of applicant's indigency.
7. Procedure at hearing.
8. Procedure if application admitted.
9. Withdrawal of permission to sue as an indigent person.
 9A. Court to assign a pleader to an unrepresented indigent person.
 10. Costs where indigent person succeeds.
 11. Procedure where indigent person fails.
 11A. Procedure where indigent person's suit abates.
 12. State Government may apply for payment of court-fees.
 13. State Government to be deemed a party.
 14. Recovery of amount of court-fees.
 15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like

nature.
 15A. Grant of time for payment of court-fee.
 16. Costs.
 17. Defence by an indigent person.
 18. Power of Government to provide for free legal services to indigent persons.

ORDER XXXIV
SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY
1.
Parties to suits for foreclosure, sale and redemption.
2.
Preliminary decree in foreclosure-suit.
3.
Final decree in foreclosure-suit.
4.
Preliminary decree in suit for sale.

Power to decree sale in foreclosure-suit.
5.
Final decree in suit for sale.
6.
Recovery of balance due on mortgage in suit for sale.

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7.
Preliminary decree in redemption suit.
8.
Final decree in redemption suit.
8A. Recovery of balance due on mortgage in suit for redemption.
9.
Decree where nothing is found due or where mortgagee has been overpaid.
10. Costs of mortgagee subsequent to decree.
10A. Power of Court to direct mortgagee to pay mesne profits.
11.
Payment of interest.
12.
Sale of property subject to prior mortgage.
13.
Application of proceeds.
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges.

ORDER XXXV
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.

ORDER XXXVI
SPECIAL CASE
1.
Power to state case for Court's opinion.
2.
Where value of subject-matter must be stated.
3.
Agreement to be filed and registered as suit.
4.
Parties to be subject to Court's jurisdiction.
5.
Hearing and disposal of case.
6.
No appeal from a decree passed under rule 5.

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

ORDER XXXVIII
ARREST AND ATTACHMENT BEFORE JUDGMENT
Arrest before Judgment
1.
Where defendant may be called upon to furnish security for appearance.
2.
Security.
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3.
Procedure on application by surety to be discharged.
4.
Procedure where defendant fails to furnish security or find fresh security.
Attachment before Judgment
5.
Where defendant may be called upon to furnish security for production of property.
6.
Attachment where cause not shown or security not furnished.
7.
Mode of making attachment.
8.
Adjudication of claim to property attached before judgment.
9.
Removal of attachment when security furnished or suit dismissed.
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from

applying for sale.
11. Property attached before judgment not to be re-attached in execution of decree.
11A. Provisions applicable to attachment.
12. Agricultural produce not attachable before judgment.
13. Small Cause Court not to attach immovable property.
ORDER XXXIX
TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS
Temporary injunctions
1.
Cases in which temporary injunction may be granted.
2. Injunction to restrain repetition or continuance of breach.
2A. Consequence of disobedience or breach of injunction.
3.
Before granting injunction, Court to direct notice to opposite party.
3A. Court to dispose of application for injunction within thirty days.
4.
Order for injunction may be discharged, varied or set aside.
5.
Injunction to corporation binding on its officers.
Interlocutory orders
6.
Power to order interim sale.
7.
Detention, preservation, inspection, etc., of subject-matter of suit.
8.
Application for such orders to be after notice.
9.
When party may be put in immediate possession of land the subject-matter of suit.
10. Deposit of money, etc., in Court.

ORDER XL
APPOINTMENT OF RECEIVERS
1.
Appointment of receivers.
2.
Remuneration.
3.
Duties.
4.
Enforcement of receiver's duties.
5.
When Collector may be appointed receiver.

ORDER XLI
APPEALS FROM ORIGINAL DECREES
1. Form of appeal.

What to accompany memorandum.

Contents of memorandum.
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2. Grounds which may be taken in appeal.
3.
Rejection or amendment of memorandum.
3A. Application for condonation of delay.
4.
One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on
ground common to all.
Stay of proceedings and of execution
5.
Stay by Appellate Court.

Stay by Court which passed the decree.
6.
Security in case of order for execution of decree appealed from.
7.
[Repealed.].
8.
Exercise of powers in appeal from order made in execution of decree.
Procedure on admission of appeal
9.
Registry of memorandum of appeal.
10. Appellate Court may require appellant to furnish security for costs.
 Where appellant resides out of India.
11. Power to dismiss appeal without sending notice to Lower Court.
11A. Time within which hearing under rule 11 should be concluded.
12. Day for hearing appeal.
13. [Omitted.].
14. Publication and service of notice of day for hearing appeal.
 Appellate Court may itself cause notice to be served.
15. [Omitted.].
Procedure on hearing
16. Right to begin.
17. Dismissal of appeal for appellant's default.
Hearing appeal ex parte.
18. [Omitted.].
19. Re-admission of appeal dismissed for default.
20. Power to adjourn hearing and direct persons appearing interested to be made respondents.
21. Re-hearing on application of respondent against whom ex parte decree made.
22. Upon hearing respondent may object to decree as if he had preferred a separate appeal.

Form of objection and provisions applicable thereto.
23. Remand of case by Appellate Court.
23A. Remand in other cases.
24. Where evidence on record sufficient, Appellate Court may determine case finally.
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree
appealed from.
26. Findings and evidence to be put on record.

Objections to findings.
 Determination of appeal.

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26A. Order of remand to mention date of next hearing
27. Production of additional evidence in Appellate Court.
28. Mode of taking additional evidence.
29. Points to be defined and recorded.
Judgment in appeal
30. Judgment when and where pronounced.
31. Contents, date and signature of judgment.
32. What judgment may direct.
33. Power of Court of appeal.
34. Dissent to be recorded.
Decree in appeal
35. Date and contents of decree.
 Judge dissenting from judgment need not sign decree.
36. Copies of judgment and decree to be furnished to parties.
37. Certified copy of decree to be sent to Court whose decree appealed from.
ORDER XLII
APPEALS FROM APPELLATE DECREES
1. Procedure.
2. Power of Court to direct that the appeal be heard on the question formulated by it.
3. Application of rule 14 of Order XLL.
ORDER XLIII
APPEALS FROM ORDERS
1. Appeals from orders.

1A. Right to challenge non-appealable orders in appeal against decrees.
2. Procedure.
ORDER XLIV
APPEALS BY INDIGENT PERSONS
1. Who may appeal as an indigent person.
2. Grant of time for payment of Court-fee.
3. Inquiry as to whether applicant is an indigent person.

ORDER XLV
 APPEALS TO THE SUPREME COURT
1. "Decree" defined.
2. Application to Court whose decree complained of.
3. Certificate as to value or fitness.
4. [Repealed.].
5. [Repealed.].
6. Effect of refusal of certificate.
7. Security and deposit required on grant of certificate.
8. Admission of appeal and procedure thereon.

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9. Revocation of acceptance of security.
9A. Power to dispense with notices in case of deceased parties.
10. Power to order further security or payment.
11. Effect of failure to comply with order.
12. Refund of balance deposit.
13. Powers of Court pending appeal.
14. Increase of security found inadequate.
15. Procedure to enforce orders of the Supreme Court.
16. Appeal from order relating to execution.
17. [Repealed.].
ORDER XLVI
REFERENCE
1. Reference of question to High Court.
2. Court may pass decree contingent upon decision of High Court.
3. Judgment of High Court to be transmitted, and case disposed of accordingly.
4. Costs of reference to High Court.
4A. Reference to High Court under proviso to section 113.
5. Power to alter, etc., decree of Court making reference.
6. Power to refer to High Court questions as to jurisdiction in small causes.
7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in
small causes.
ORDER XLVII
REVIEW
1. Application for review of judgment.
2. [Repealed.].
3. Form of applications for review.
4. Application where rejected.
Application where granted.
5. Application for review in Court consisting of two or more Judges.
6. Application where rejected.
7. Order of rejection not appealable.
 Objections to order granting application.
8. Registry of application granted, and order for re-hearings.
9. Bar of certain applications.
ORDER XLVIII
MISCELLANEOUS
1. Process to be served at expense of party issuing.

Costs of service.
2. Orders and notices how served.
3. Use of forms in appendices.
ORDER XLIX
CHARTERED HIGH COURTS
1. Who may serve processes of High Court.

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2. Saving in respect of Chartered High Courts.
3. Application of rules.
ORDER L
PROVINCIAL SMALL CAUSE COURTS
1. Provincial Small Cause Courts.
ORDER LI
PRESIDENCY SMALL CAUSE COURTS
 1. Presidency Small Cause Courts.

APPENDIX - A. PLEADINGS.

APPENDIX - B. PROCESS.

APPENDIX- C. DISCOVERY, INSPECTION AND ADMISSION.

APPENDIX - D. DECREES.

APPENDIX - E. EXECUTION.

APPENDIX - F. SUPPLEMENTAL PROCEEDINGS.

APPENDIX - G. APPEAL, REFERENCE AND REVIEW.
 APPENDIX- H. MISCELLANEOUS.
 APPENDIX- I. STATEMENT OF TRUTH.
THE SECOND SCHEDULE. - [Repealed].
THE THIRD SCHEDULE. -[Repealed].
THE FOURTH SCHEDULE. - [Repealed].
THE FIFTH SCHEDULE. - [Repealed].
ANNEXURE I

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THE CODE OF CIVIL PROCEDURE, 1908
ACT NO. 5 OF 19081
[21st March, 1908.]
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of
Civil Judicature: It is hereby enacted as follows:-
PRELIMINARY
1. Short title, commencement and extent.-(1) This Act may be cited as the Code of Civil
Procedure, 1908.
(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 Acts 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 gazette of India,
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. I and to the State of Sikkim (w.e.f. 1-9-1984), vide Notifn. No. S.O. 599 (E),
dated 13-8-1984, Gazette of India, Extraordinary, Pt. II, s. 3.

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 1[(3) It extends to the whole of India except-
2*

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 *

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(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.]