The First Schedule - The Code Of Civil Procedure 1908 (CPC 1908)

Table of Contents

• ORDER I. Parties to Suits
• Rule 1. Who may be joined as plaintiffs.
• Rule 2. Power of Court to order separate trial.
• Rule 3. Who may be joined as defendants.
• Rule 3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
• Rule 4. Court may give judgment for or against one or more of joint parties.
• Rule 5. Defendant need not be interested in all the relief claimed.
• Rule 6. Joinder of parties liable on same contract.
• Rule 7. When plaintiff in doubt from whom redress is to be sought.
• Rule 8. One person may sue or defend on behalf of all in same interest.
• Rule 8A. Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
• Rule 9. Misjoinder and non-joinder.
• Rule 10. Suit in name of wrong plaintiff.
• Rule Court may strike out or add parties.
• Rule Where defendant added, plaint to be amended.
• Rule 10A. Power of Court to request any pleader to address it.
• Rule 11. Conduct of suit.
• Rule 12. Appearance of one of several plaintiffs or defendants for others.
• Rule 13. Objections as to non-joinder or misjoinder.

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ORDER II Frame of Suit
• Rule 1. Frame of suit.
• Rule 2. Suit to include the whole claim.

Relinquishment of part of claim.

Omission to sue for one of several reliefs.

• Rule 3. Joinder of causes of action.
• Rule 4. Only certain claims to be joined for recovery of immovable property.
• Rule 5. Claims by or against executor, administrator or heir.
• Rule 6. Power of Court to order separate trials.
• Rule 7. Objections as to misjoinder.

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ORDER III Recognized Agents and Pleaders
• Rule 1. Appearances, etc., may be in person, by recognised agent or by pleader.
• Rule 2. Recognised agents.
• Rule 3. Service of process on recognised agent.
• Rule 4. Appointment of pleader.
• Rule 5. Service of process on pleader.
• Rule 6. Agent to accept service.

Appointment to be in writing and to be filed in Court.

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• ORDER IV. Institution of suits
• Rule 1. Suit to be commenced by plaint.
• Rule 2. Register of suits.

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• ORDER V. Issue and Service of Summons

Issue of summons

• Rule 1. Summons.
• Rule 2. Copy of plaint annexed to summons.
• Rule 3. Court may order defendant or plaintiff to appear in person.
• Rule 4. No party to be ordered to appear in person unless resident within certain limits.
• Rule 5. Summons to be either to settle issues or for final disposal.
• Rule 6. Fixing day for appearance of defendant.
• Rule 7. Summons to order defendant to produce documents relied on by him.
• Rule 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.

Service of Summons

• Rule 9. Delivery of summons by Court.
• Rule 9A. Summons given to the plaintiff for service.
• Rule 10. Mode of service.
• Rule 11. Service on several defendants.
• Rule 12. Service to be on defendant in person when practicable, or on his agent.
• Rule 13. Service on agent by whom defendant carries on business.
• Rule 14. Service on agent in charge in suits for immovable property.
• Rule 15. Where service may be on an adult member of defendant’s family.
• Rule 16. Person served to sign acknowledgement.
• Rule 17. Procedure when defendant refuses to accept service, or cannot be found.
• Rule 18. Endorsement of time and manner of service.
• Rule 19. Examination of serving officer.
• Rule 19A. [Omitted.].
• Rule 20. Substituted service.

Effect of substituted service.

Where service substituted, time for appearance to be fixed.

• Rule 20A. [Repealed.].
• Rule 21. Service of summons where defendant resides within jurisdiction of another Court.
• Rule 22. Service within presidency-towns of summons issued by Courts outside.
• Rule 23. Duty of Court to which summons is sent.
• Rule 24. Service on defendant in prison.
• Rule 25. Service where defendant resides out of India and has no agent.
• Rule 26. Service in foreign territory through Political Agent or Court.
• Rule 26A. Summonses to be sent to officers to foreign countries.
• Rule 27. Service on civil public officer or on servant of railway company or local authority.
• Rule 28. Service on soldiers, sailors or airmen.
• Rule 29. Duty of person to whom summons is delivered or sent for service.
• Rule 30. Substitution of letter for summons.

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• ORDER VI. Pleadings Generally
• Rule 1. Pleading.
• Rule 2. Pleading to state material facts and not evidence.
• Rule 3. Forms of pleading.
• Rule 4. Particulars to be given where necessary.
• Rule 5. [Omitted.].
• Rule 6. Condition precedent.
• Rule 7. Departure.
• Rule 8. Denial of contract.
• Rule 9. Effect of document to be stated.
• Rule 10. Malice, knowledge, etc.
• Rule 11. Notice.
• Rule 12. Implied contract, or relation.
• Rule 13. Presumptions of law.
• Rule 14. Pleading to be signed.
• Rule 14A. Address for service of notice.
• Rule 15. Verification of pleadings.
• Rule 16. Striking out pleadings.
• Rule 17. Amendment of pleadings.
• Rule 18. Failure to amend after order.

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• ORDER VII. Plaint
• Rule 1. Particulars to be contained in plaint.
• Rule 2. In money suits.
• Rule 3. Where the subject-matter of the suit is immovable property.
• Rule 4. When plaintiff sues as representative.
• Rule 5. Defendant’s interest and liability to be shown.
• Rule 6. Grounds of exemption from limitation law.
• Rule 7. Relief to be specifically stated.
• Rule 8. Relief founded on separate grounds.
• Rule 9. Procedure on admitting plaint.
• Rule 10. Return of plaint.

Procedure on returning plaint.

• Rule 10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
• Rule 10B. Power of appellate Court to transfer suit to the proper Court.
• Rule 11. Rejection of plaint.
• Rule 12. Procedure on rejecting plaint.
• Rule 13. Where rejection of plaint does not preclude presentation of fresh plaint.

Documents relied on in Plaint

• Rule 14. Production of document on which plaintiff sues or relies.
• Rule 15. [Omitted.].
• Rule 16. Suits on lost negotiable instruments.
• Rule 17. Production of shop-book.

Original entry to be marked and returned.

• Rule 18. [Omitted.].

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• ORDER VIII. Written statement, set-off 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 2. New facts must be specially pleaded.
• Rule 3. Denial to be specific.
• Rule 4. Evasive denial.
• Rule 5. Specific denial.
• Rule 6. Particulars of set-off to be given in written statement.

Effect of set-off.

• Rule 6A. Counter-claim by defendant.
• Rule 6B. Counter-claim to be stated.
• Rule 6C. Exclusion of counter-claim.
• Rule 6D. Effect of discontinuance of suit.
• Rule 6E. Default of plaintiff to reply to counter-claim.
• Rule 6F. Relief to defendant where counter-claim succeeds.
• Rule 6G. Rules relating to written statement to apply.
• Rule 7. Defence or set-off founded upon separate grounds.
• Rule 8. New ground of defence.
• Rule 8A. [Omitted.].
• Rule 9. Subsequent pleadings.
• Rule 10. Procedure when party fails to present written statement called for by Court.

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• ORDER IX. Appearance of Parties and Consequence of non-Appearance
• Rule 1. Parties to appear on day fixed in summons for defendant to appear and answer.
• Rule 2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
• Rule 3. Where neither party appears suit to be dismissed.
• Rule 4. Plaintiff may bring fresh suit or Court may restore suit to file.
• Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons.
• Rule 6. Procedure when only plaintiff appears.

When summons duly served.

When summons not duly served.

When summons served but not in due time.

• Rule 7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.
• Rule 8. Procedure where defendant only appears.
• Rule 9. Decree against plaintiff by default bars fresh suit.
• Rule 10. Procedure in case of non-attendance of one or more of several plaintiffs.
• Rule 11. Procedure in case of non-attendance of one or more of several defendants.
• Rule 12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.

Setting aside Decree ex parte

• 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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• ORDER X. Examination of Parties by the Court
• Rule 1. Ascertainment whether allegations in pleadings are admitted or denied.
• Rule 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
• Rule 1B. Appearance before the conciliatory forum or authority.
• Rule 1C. Appearance before the court consequent to the failure of efforts of conciliation.
• Rule 2. Oral examination of party, or companion of party.
• Rule 3. Substance of examination to be written.
• Rule 4. Consequence of refusal or inability of pleader to answer.

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• ORDER XI. Discovery and Inspection
• Rule 1. Discovery by interrogatories.
• Rule 2. Particular interrogatories to be submitted.
• Rule 3. Costs of interrogatories.
• Rule 4. Form of interrogatories.
• Rule 5. Corporations.
• Rule 6. Objections to interrogatories by answer.
• Rule 7. Setting aside and striking out interrogatories.
• Rule 8. Affidavit in answer, filing.
• Rule 9. Form of affidavit in answer.
• Rule 10. No exception to be taken.
• Rule 11. Order to answer or answer further.
• Rule 12. Application for discovery of documents.
• Rule 13. Affidavit of documents.
• Rule 14. Production of documents.
• Rule 15. Inspection of documents referred to in pleadings or affidavits.
• Rule 16. Notice to produce.
• Rule 17. Time for inspection when notice given.
• Rule 18. Order for inspection.
• Rule 19. Verified copies.
• Rule 20. Premature discovery.
• Rule 21. Non-compliance with order for discovery.
• Rule 22. Using answers to interrogatories at trial.
• Rule 23. Order to apply to minors.

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• Disclosure Discovery And Inspection Of Documents In Suits Before The Commercial Division Of A High Court Or A Commercial Court
• Rule 1. Disclosure and discovery of documents.
• Rule 2. Discovery by interrogatories.
• Rule 3. Inspection.
• Rule 4. Admission and denial of documents.
• Rule 5. Production of documents.
• Rule 6. Electronic records.
• Rule 7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.

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• ORDER XII. Admissions
• Rule 1. Notice of admission of case.
• Rule 2. Notice to admit documents.
• Rule 2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.
• Rule 3. Form of notice.
• Rule 3A. Power of Court to record admission.
• Rule 4. Notice to admit acts.
• Rule 5. Form of admissions.
• Rule 6. Judgment on admissions.
• Rule 7. Affidavit of signature.
• Rule 8. Notice to produce documents.
• Rule 9. Costs.

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• ORDER XIII. Production, Impounding and Return of Documents
• Rule 1. Original documents to be produced at or before the settlement of issues.
• Rule 2. [Omitted.].
• Rule 3. Rejection of irrelevant or inadmissible documents.
• Rule 4. Endorsements on documents admitted in evidence.
• Rule 5. Endorsements on copies of admitted entries in books, accounts and records.
• Rule 6. Endorsements on documents rejected an inadmissible in evidence.
• Rule 7. Recording of admitted and return of rejected documents.
• Rule 8. Court may order any document to be impounded.
• Rule 9. Return of admitted documents.
• Rule 10. Court may sent for papers from its own records or from other Courts.
• Rule 11. Provisions as to documents applied to material objects.

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• ORDER XIV. Settlement of issues and determination of suit on issues of law or on Issues agreed upon
• Rule 1. Framing of issues.
• Rule 2. Court to pronounce judgment on all issues.
• Rule 3. Materials from which issues may be framed.
• Rule 4. Court may examine witnesses or documents before framing issues.
• Rule 5. Power to amend and strike out, issues.
• Rule 6. Questions of fact or law may by agreement be stated in form of issues.
• Rule 7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.

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• ORDER XV. Disposal of the Suit at the First Hearing
• Rule 1. Parties not at issue.
• Rule 2. One of several defendants not at issue.
• Rule 3. Parties at issue.
• Rule 4. Failure to produce evidence.

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• ORDER XV-A. Disposal of the Suit at the First Hearing
• Rule 1. First Case Management Hearing.
• Rule 2. Orders to be passed in a Case Management Hearing.
• Rule 3. Time limit for the completion of a trial.
• Rule 4. Recording of oral evidence on a day-to-day basis.
• Rule 5. Case Management Hearings during a trial.
• Rule 6. Powers of the Court in a Case Management Hearing.
• Rule 7. Adjournment of Case Management Hearing.
• Rule 8. Consequences of non-compliance with orders.

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• ORDER XVI. Summoning and Attendance of Witnesses
• Rule 1. List of witnesses and summons to witnesses.
• Rule 1A. Production of witnesses without summons.
• Rule 2. Expenses of witness to be paid into Court on applying for summons.

Experts.

Scale of expenses.

Expenses to be directly paid to witnesses.

• Rule 3. Tender of expenses to witness.
• Rule 4. Procedure where insufficient sum paid in.

Expenses of witnesses detained more than one day.

• Rule 5. Time, place and purpose of attendance to be specified in summons.
• Rule 6. Summons to produce document.
• Rule 7. Power to require persons present in Court to give evidence or produce document.
• Rule 7A. Summons given to the party for service.
• Rule 8. Summons how served.
• Rule 9. Time for serving summons.
• Rule 10. Procedure where witness fails to comply with summons.
• Rule 11. If witness appears, attachment may be withdrawn.
• Rule 12. Procedure if witness fails to appear.
• Rule 13. Mode of attachment.
• Rule 14. Court may of its own accord summon as witnesses strangers to suit.
• Rule 15. Duty of persons summoned to give evidence or produce document.
• Rule 16. When they may depart.
• Rule 17. Application of rules 10 to 13.
• Rule 18. Procedure where witness apprehended cannot give evidence or produce document.
• Rule 19. No witness to be ordered to attend in person unless resident within certain limits.
• Rule 20. Consequence of refusal of party to give evidence when called on by Court.
• Rule 21. Rules as to witnesses to apply to parties summoned.

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• ORDER XVI-A. Attendance of Witnesses Confined or Detained in Prisons
• Rule 1. Definitions.
• Rule 2. Power to require attendance of prisoners to give evidence.
• Rule 3. Expenses to be paid into Court.
• Rule 4. Power of State Government to exclude certain persons from the operation of rule 2.
• Rule 5. Officer in charge of prison to abstain from carrying out order in certain cases.
• Rule 6. Prisoner to be brought to Court in custody.
• Rule 7. Power to issue commission for examination of witness in prison.

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• ORDER XVII. Adjournment
• Rule 1. Court may grant time and adjourn hearing.

Costs of adjournment.

• 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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• ORDER XVIII. Hearing of the Suit and Examination of Witnesses
• Rule 1. Right to begin.
• Rule 2. Statement and production of evidence.
• Rule 3. Evidence where several issues.
• Rule 3A. Party to appear before other witnesses.
• Rule 4. Recording of evidence.
• Rule 5. How evidence shall be taken in appealable cases.
• Rule 6. When deposition to be interpreted.
• Rule 7. Evidence under section 138.
• Rule 8. Memorandum when evidence not taken down by Judge.
• Rule 9. When evidence may be taken in English.
• Rule 10. Any particular question and answer may be taken down.
• Rule 11. Questions objected to and allowed by Court.
• Rule 12. Remarks on demeanour of witnesses.
• Rule 13. Memorandum of evidence in unappealable cases.
• Rule 14. [Omitted.].
• Rule 15. Power to deal with evidence taken before another Judge.
• Rule 16. Power to examine witness immediately.
• Rule 17. Court may recall and examine witness.
• Rule 17A. [Omitted.].
• Rule 18. Power of Court to inspect.
• Rule 19. Power to get statements recorded on commission.

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• ORDER XIX. Affidavits
• Rule 1. Power to order any point to be proved by affidavit.
• Rule 2. Power to order attendance of deponent for cross-examination.
• Rule 3. Matters to which affidavits shall be confined.

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• ORDER XX. Judgment and Decree
• Rule 1. Judgment when pronounced.
• Rule 2. Power to pronounce judgment written by Judge’s predecessor.
• Rule 3. Judgment to be signed.
• Rule 4. Judgments of Small Cause Courts.

Judgments of other Courts.

• Rule 5. Court to state its decision on each issue.
• Rule 5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
• Rule 6. Contents of decree.
• Rule 6A. Preparation of Decree.
• Rule 6B. Copies of judgments when to be made available.
• Rule 7. Date of decree.
• Rule 8. Procedure where Judge has vacated office before signing decree.
• Rule 9. Decree for recovery of immovable property.
• Rule 10. Decree for delivery of movable property.
• Rule 11. Decree may direct payment by instalments.

Order, after decree, for payment by instalments.

• Rule 12. Decree for possession and mesne profits.
• Rule 12A. Decree for specific performance of contract for the sale or lease of immovable property.
• Rule 13. Decree in administration-suit.
• Rule 14. Decree in pre-emption-suit.
• Rule 15. Decree in suit for dissolution of partnership.
• Rule 16. Decree in suit for account between principal and agent.
• Rule 17. Special directions as to accounts.
• Rule 18. Decree in suit for partition of property or separate possession of a share therein.
• Rule 19. Decree when set-off or counter-claim is allowed.

Appeal from decree relating to set-off or counter-claim.

• Rule 20. Certified copies of judgment and decree to be furnished.

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• ORDER XXA. Costs
• Rule 1. Judgment when pronounced.
• Rule 2. Power to pronounce judgment written by Judge’s predecessor.

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• ORDER XXI. Execution of Decrees and Orders

Payment under decree

• Rule 1. Modes of paying money under decree.
• Rule 2. Payment out of Court to decree-holder.

Courts executing decrees

• Rule 3. Lands situate in more than one jurisdiction.
• Rule 4. Transfer to Court of Small Causes.
• Rule 5. Mode of transfer.
• Rule 6. Procedure where Court desires that its own decree shall be executed by another Court.
• Rule 7. Court receiving copies of decree, etc., to file same without proof.
• Rule 8. Execution of decree or order by Court to which it is sent.
• Rule 9. Execution by High court of decree transferred by other Court.

Application for execution

• Rule 10. Application for execution.
• Rule 11. Oral application.

Written application.

• Rule 11A. Application for arrest to state grounds.
• Rule 12. Application for attachment of movable property not in judgment-debtor’s possession.
• Rule 13. Application for attachment of immovable property to contain certain particulars.
• Rule 14. Power to require certified extract from Collector’s register in certain cases.
• Rule 15. Application for execution by joint decree-holders.
• Rule 16. Application for execution by transferee of decree.
• Rule 17. Procedure on receiving application for execution of decree.
• Rule 18. Execution in case of cross-decrees.
• Rule 19. Execution in case of cross-claims under same decree.
• Rule 20. Cross-decrees and cross-claims in mortgage suits.
• Rule 21. Simultaneous execution.
• Rule 22. Notice to show cause against execution in certain cases.
• Rule 22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.
• Rule 23. Procedure after issue of notice.

Process for execution

• Rule 24. Process for execution.
• Rule 25. Endorsement on process.

Stay of execution

• Rule 26. When Court may stay execution.

Power to require security from, or impose conditions upon, judgment-debtor.

• Rule 27. Liability of judgment-debtor discharged.
• Rule 28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.
• Rule 29. Stay of execution pending suit between decree-holder and judgment-debtors.

Mode of execution

• Rule 30. Decree for payment of money.
• Rule 31. Decree for specific movable property.
• Rule 32. Decree for specific performance for restitution of conjugal rights, or for an injunction.
• Rule 33. Discretion of Court in executing decrees for restitution of conjugal rights.
• Rule 34. Decree for execution of document, or endorsement of negotiable instrument.
• Rule 35. Decree for immovable property.
• Rule 36. Decree for delivery of immovable property when in occupancy of tenant.
• Rule 37. Discretionary power to permit judgment-debtor to show cause against detention in prison.
• Rule 38. Warrant for arrest to direct judgment-debtor to be brought up.
• Rule 39. Subsistence-allowance.
• Rule 40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.

Attachment of property

• Rule 41. Examination of judgment-debtor as to his property.
• Rule 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
• Rule 43. Attachment of movable property, other than agricultural produce, in possession of judgmentdebtor.
• Rule 43A. Custody of movable property.
• Rule 44. Attachment of agricultural produce.
• Rule 45. Provisions as to agricultural produce under attachment.
• Rule 46. Attachment of debt, share and other property not in possession of judgment-debtor.
• Rule 46A. Notice to garnishee.
• Rule 46B . Order against garnishee.
• Rule 46C. Trial of disputed questions.
• Rule 46D. Procedure where debt belongs to third person.
• Rule 46E. Order as regards third person.
• Rule 46F. Payment by garnishee to be valid discharge.
• Rule 46G. Costs.
• Rule 46H. Appeals.
• Rule 46I. Application to negotiable instruments.
• Rule 47. Attachment of share in movables.
• Rule 48. Attachment of salary or allowances of servant of the Government or railway company or local authority.
• Rule 48A. Attachment of salary or allowances of private employees.
• Rule 49. Attachment of partnership property.
• Rule 50. Execution of decree against firm.
• Rule 51. Attachment of negotiable instruments.
• Rule 52. Attachment of property in custody of Court or public officer.
• Rule 53. Attachment of decrees.
• Rule 54. Attachment of immovable property.
• Rule 55. Removal of attachment after satisfaction of decree.
• Rule 56. Order for payment of coin or currency notes to party entitled under decree.
• Rule 57. Determination of attachment.

Adjudication of claims and objections

• Rule 58. Adjudication of claims to, or objections to attachment, of property.
• Rule 59. Stay of sale.
• Rule 60. [Omitted.].
• Rule 61. [Omitted.].
• Rule 62. [Omitted.].
• Rule 63. [Omitted.].

Sale generally

• Rule 64. Power to order property attached to be sold and proceeds to be paid to person entitled.
• Rule 65. Sales by whom conducted and how made.
• Rule 66. Proclamation of sales by public auction.
• Rule 67. Mode of making proclamation.
• Rule 68. Time of sale.
• Rule 69. Adjournment or stoppage of sale.
• Rule 70. [Omitted.].
• Rule 71. Defaulting purchaser answerable for loss on re-sale.
• Rule 72. Decree-holder not to bid for or buy property without permission.

Where decree-holder purchases, amount of decree may be taken as payment.

• Rule 72A. Mortgagee not to bid at sale without the leave of the Court.
• Rule 73. Restriction on bidding or purchase by officers.

Sale of movable property

• Rule 74. Sale of agricultural produce.
• Rule 75. Special provisions relating to growing crops.
• Rule 76. Negotiable instruments and shares in corporations.
• Rule 77. Sale by public auction.
• Rule 78. Irregularity not to vitiate sale, but any person injured may sue.
• Rule 79. Delivery of movable property, debts and shares.
• Rule 80. Transfer of negotiable instruments and shares.
• Rule 81. Vesting order in case of other property.

Sale of immovable property.

• Rule 82. What Courts may order sales.
• Rule 83. Postponement of sale to enable judgment-debtor to raise amount of decree.
• Rule 84. Deposit by purchaser and re-sale on default.
• Rule 85. Time for payment in full of purchase-money.
• Rule 86. Procedure in default of payment.
• Rule 87. Notification on re-sale.
• Rule 88. Bid of co-sharer to have preference.
• Rule 89. Application to set aside sale on deposit.
• Rule 90. Application to set aside sale on ground of irregularity or fraud.
• Rule 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
• Rule 92. Sale when to become absolute or be set aside.
• Rule 93. Return of purchaser-money in certain cases.
• Rule 94. Certificate to purchaser.
• Rule 95. Delivery of property in occupancy of judgment-debtor.
• Rule 96. Delivery of property in occupancy of tenant.

Resistance to delivery of possession to decree-holder or purchaser

• Rule 97. Resistance or obstruction to possession of immovable property.
• Rule 98. Orders after adjudication.
• Rule 99. Dispossession by decree-holder or purchaser.
• Rule 100. Order to be passed upon application complaining of dispossession.
• Rule 101. Question to be determined.
• Rule 102. Rules not applicable to transferee pendente lite.
• Rule 103. Orders to be treated as decrees.
• Rule 104. Orders under rule 101 or rule 103 to be subject to the result of pending suit.
• Rule 105. Hearing of application.
• Rule 106. Setting aside orders passed ex parte, etc.

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• ORDER XXII. Death, Marriage and Insolvency of Parties
• Rule 1. No abatement by party’s death if right to sue survives.
• Rule 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
• Rule 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
• Rule 4. Procedure in case of death of one of several defendants or of sole defendant.
• Rule 4A. Procedure where there is no legal representative.
• Rule 5. Determination of question as to legal representative.
• Rule 6. No abatement by reason of death after hearing.
• Rule 7. Suit not abated by marriage of female party.
• Rule 8. When plaintiffs insolvency bars suit.
• Rule Procedure where assignee fails to continue suit, or give security.

9. Effect of abatement or dismissal.

• Rule 10. Procedure in case of assignment before final order in suit.
• Rule 10A. Duty of pleader to communicate to Court death of a party.
• Rule 11. Application of Order to appeals.
• Rule 12. Application of Order to proceedings.

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• ORDER XXIII. Withdrawal and Adjustment of Suits
• Rule 1. Withdrawal of suit or abandonment of part of claim.
• Rule 1A.When transposition of defendants as plaintiffs may be permitted.
• Rule 2. Limitation law not affected by first suit.
• Rule 3. Compromise of suit.
• Rule 3A. Bar to suit.
• Rule 3B. No agreement or compromise to be entered in a representative suit without leave of Court.
• Rule 4. Proceedings in execution of decrees not affected.

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• ORDER XXIV. Payment into Court
• Rule 1. Deposit by defendant of amount in satisfaction of claim.
• Rule 2. Notice of deposit.
• Rule 3. Interest on deposit not allowed to plaintiff after notice.
• Rule 4. Procedure where plaintiff accepts deposit as satisfaction in part.

Procedure where he accepts it as satisfaction in full.

• Rule 3B. No agreement or compromise to be entered in a representative suit without leave of Court.
• Rule 4. Proceedings in execution of decrees not affected.

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• ORDER XXV. Security for Costs
• Rule 1. When security for costs may be required from plaintiff.
• Rule 2. Effect of failure to furnish security.

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ORDER XXVI Commissions

Commissions to examine witnesses

• Rule 1. Cases in which Court may issue commission to examine witness.
• Rule 2. Order for commission.
• Rule 3. Where witness resides within Court’s jurisdiction.

4. Persons for whose examination commission may issue.

• Rule 4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.
• Rule 5. Commission or request to examine witness not within India.
• Rule 6. Court to examine witness pursuant to commission.
• Rule 7. Return of commission with depositions of witnesses.
• Rule 8. When depositions may be read in evidence.

Commissions for local investigations

• Rule 9. Commissions to make local investigations.
• Rule 10. Procedure of Commissioner.

Report and depositions to be evidence in suit.

Commissioner may be examined in person.

Commissions for scientific investigation, performance of ministerial act and sale of movable property

• Rule 10A. Commission for scientific investigation.
• Rule 10B. Commission for performance of a ministerial act.
• Rule 10C. Commission for the sale of movable property.

Commissions to examine accounts

• Rule 11. Commission to examine or adjust accounts.
• Rule 12. Court to give Commissioner necessary instructions.

Proceedings and report to be evidence.

Court may direct further inquiry.

Commissions to make partitions.

• Rule 13. Commission to make partition of immovable property.
• Rule 14. Procedure of Commissioner.

General Provisions

• Rule 15. Expenses of commission to be paid into Court.
• Rule 16. Powers of Commissioners.
• Rule 16A. Questions objected to before the Commissioner.
• Rule 17. Attendance and examination of witnesses before Commissioner.
• Rule 18. Parties to appear before Commissioner.
• Rule 18A. Application of order to execution proceedings.
• Rule 18B. Court to fix a time for return of Commission.

Commissions issued of the instance of Foreign Tribunals

• Rule 19. Cases in which High Court may issue commission to examine witness.
• Rule 20. Application for issue of commission.
• Rule 21. To whom commission may be issued.
• Rule 22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.

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• ORDER XXVII. 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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• ORDER XXVII-A. Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of any Statutory Instrument
• Rule 1. Notice to the Attorney General or the Advocate-General.
• Rule 1A. Procedure in suits involving validity of any statutory instrument.
• Rule 2. Court may add Government as party.
• Rule 2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.
• Rule 3. Costs.
• Rule 4. Application of Order to appeals.

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• ORDER XXVIII. Suits by or Against Military or Naval men or Airmen
• Rule 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.
• Rule 2. Person so authorised may act personally or appoint pleader.
• Rule 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
• Rule 1. Subscription and verification of pleading.
• Rule 2. Service on corporation.
• Rule 3. Power to require personal attendance of officer of corporation.

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• ORDER XXX. Suits by or against Firms and Persons carrying on business in names other than their own
• Rule 1. Suing of partners in name of firm.
• Rule 2. Disclosure of partners’ names.
• Rule 3. Service.
• Rule 4. Rights of suit on death of partner.
• Rule 5. Notice in what capacity served.
• Rule 6. Appearance of partners.
• Rule 7. No appearance except by partners.
• Rule 8. Appearance under protest.
• Rule 9. Suits between co-partners.
• Rule 10. Suit against person carrying on business in name other than his own.

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• ORDER XXXI. Suits by or Against Trustees, Executors and Administrators
• Rule 1. Representation of beneficiaries in suits concerning property vested in trustees, etc.
• Rule 2. Joinder of trustees, executors and administrators.
• Rule 3. Husband of married executrix not to join.

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• ORDER XXXII. Suits by or Against Minors and Persons of Unsound Mind
• Rule 1. Minor to sue by next friend.
• Rule 2. Where suit is instituted without next friend, plaint to be taken off the file.
• Rule 2A. Security to be furnished by next friend when so ordered.
• Rule 3. Guardian for the suit to be appointed by Court for minor defendant.
• Rule 3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.
• Rule 4. Who may act as next friend or be appointed guardian for the suit.
• Rule 5. Representation of minor by next friend or guardian for the suit.
• Rule 6. Receipt by next friend or guardian for the suit of property under decree for minor.
• Rule 7. Agreement or compromise by next friend or guardian for the suit.
• Rule 8. Retirement of next friend.
• Rule 9. Removal of next friend.
• Rule 10. Stay of proceedings on removal, etc., of next friend.
• Rule 11. Retirement, removal or death of guardian for the suit.
• Rule 12. Course to be followed by minor plaintiff or applicant on attaining majority.
• Rule 13. Where minor co-plaintiff attaining majority desires to repudiate suit.
• Rule 14. Unreasonable or improper suit.
• Rule 15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.
• Rule 16. Savings.

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• ORDER XXXIIA. Suits Relating to Matters Concerning the Family
• Rule 1. Application of the Order.
• Rule 2. Proceedings to be held in camera.
• Rule 3. Duty of Court to make efforts for settlement.
• Rule 4. Assistance of welfare expert.
• Rule 5. Duty to enquire into facts.
• Rule 6. “Family”—Meaning of.

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• ORDER XXXIII. Suits by Indigent Persons
• Rule 1. Suits may be instituted by indigent persons.
• Rule 1A. Inquiry into the means of an indigent person.
• Rule 2. Contents of application.
• Rule 3. Presentation of application.
• Rule 4. Examination of applicant.

If presented by agent, Court may order applicant to be examined by commission.

• Rule 5. Rejection of application.
• Rule 6. Notice of day for receiving evidence of applicant’s indigency.
• Rule 7. Procedure at hearing.
• Rule 8. Procedure if application admitted.
• Rule 9. Withdrawal of permission to sue as an indigent person.
• Rule 9A. Court to assign a pleader to an unrepresented indigent person.
• Rule 10. Costs where indigent person succeeds.
• Rule 11. Procedure where indigent person fails.
• Rule 11A. Procedure where indigent person’s suit abates.
• Rule 12. State Government may apply for payment of court-fees.
• Rule 13. State Government to be deemed a party.
• Rule 14. Recovery of amount of court-fees.
• Rule 15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.
• Rule 15A. Grant of time for payment of court-fee.
• Rule 16. Costs.
• Rule 17. Defence by an indigent person.
• Rule 18. Power of Government to provide for free legal services to indigent persons.

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• ORDER XXXIV. Suits Relating to Mortgages of Immovable Property
• Rule 1. Parties to suits for foreclosure, sale and redemption.
• Rule 2. Preliminary decree in foreclosure-suit.
• Rule 3. Final decree in foreclosure-suit.
• Rule 4. Preliminary decree in suit for sale.

Power to decree sale in foreclosure-suit.

• Rule 5. Final decree in suit for sale.
• Rule 6. Recovery of balance due on mortgage in suit for sale.
• Rule 7. Preliminary decree in redemption suit.
• Rule 8. Final decree in redemption suit.
• Rule 8A. Recovery of balance due on mortgage in suit for redemption.
• Rule 9. Decree where nothing is found due or where mortgagee has been overpaid.
• Rule 10. Costs of mortgagee subsequent to decree.
• Rule 10A. Power of Court to direct mortgagee to pay mesne profits.
• Rule 11. Payment of interest.
• Rule 12. Sale of property subject to prior mortgage.
• Rule 13. Application of proceeds.
• Rule 14. Suit for sale necessary for bringing mortgaged property to sale.
• Rule 15. Mortgages by the deposit of title-deeds and charges.

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• ORDER XXXV. Interpleader
• Rule 1. Plaint in interpleader-suit.
• Rule 2. Payment of thing claimed into Court.
• Rule 3. Procedure where defendant is suing plaintiff.
• Rule 4. Procedure at first hearing.
• Rule 5. Agents and tenants may not institute interpleader-suits.
• Rule 6. Charge for plaintiff's costs.

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

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

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• ORDER XXXVIII. Arrest and Attachment before Judgment

Arrest before Judgment

• Rule 1. Where defendant may be called upon to furnish security for appearance.
• Rule 2. Security.
• Rule 3. Procedure on application by surety to be discharged.
• Rule 4. Procedure where defendant fails to furnish security or find fresh security.

Attachment before Judgment

• Rule 5. Where defendant may be called upon to furnish security for production of property.
• Rule 6. Attachment where cause not shown or security not furnished.
• Rule 7. Mode of making attachment.
• Rule 8. Adjudication of claim to property attached before judgment.
• Rule 9. Removal of attachment when security furnished or suit dismissed.
• Rule 10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.
• 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.
• Rule 13. Small Cause Court not to attach immovable property.

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• ORDER XXXIX. Temporary Injunctions and Interlocutory Orders

Temporary injunctions

• Rule 1. Cases in which temporary injunction may be granted.
• Rule 2. Injunction to restrain repetition or continuance of breach.
• Rule 2A. Consequence of disobedience or breach of injunction.
• Rule 3. Before granting injunction, Court to direct notice to opposite party.
• Rule 3A. Court to dispose of application for injunction within thirty days.
• Rule 4. Order for injunction may be discharged, varied or set aside.
• Rule 5. Injunction to corporation binding on its officers.

Interlocutory orders

• Rule 6. Power to order interim sale.
• Rule 7. Detention, preservation, inspection, etc., of subject-matter of suit.
• Rule 8. Application for such orders to be after notice.
• Rule 9. When party may be put in immediate possession of land the subject-matter of suit.
• Rule 10. Deposit of money, etc., in Court.

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• ORDER XL. Appointment of Receivers
• Rule 1. Appointment of receivers.
• Rule 2. Remuneration.
• Rule 3. Duties.
• Rule 4. Enforcement of receiver’s duties.
• Rule 5. When Collector may be appointed receiver.

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• ORDER XLI. Appeals from Original Decrees
• Rule 1. Form of appeal.

What to accompany memorandum.

Contents of memorandum.

• Rule 2. Grounds which may be taken in appeal.
• Rule 3. Rejection or amendment of memorandum.
• Rule 3A. Application for condonation of delay.
• Rule 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

• Rule 5. Stay by Appellate Court.

Stay by Court which passed the decree.

• Rule 6. Security in case of order for execution of decree appealed from.
• Rule 7. [Repealed.].
• Rule 8. Exercise of powers in appeal from order made in execution of decree.

Procedure on admission of appeal

• Rule 9. Registry of memorandum of appeal.
• Rule 10. Appellate Court may require appellant to furnish security for costs.

Where appellant resides out of India.

• Rule 11. Power to dismiss appeal without sending notice to Lower Court.
• Rule 11A. Time within which hearing under rule 11 should be concluded.
• Rule 12. Day for hearing appeal.
• Rule 13. [Omitted.].
• Rule 14. Publication and service of notice of day for hearing appeal.

Appellate Court may itself cause notice to be served.

• Rule 15. [Omitted.].

Procedure on hearing

• Rule 16. Right to begin.
• Rule 17. Dismissal of appeal for appellant's default.

Hearing appeal ex parte.

• Rule 18. [Omitted.].
• Rule 19. Re-admission of appeal dismissed for default.
• Rule 20. Power to adjourn hearing and direct persons appearing interested to be made respondents.
• Rule 21. Re-hearing on application of respondent against whom ex parte decree made.
• Rule 22. Upon hearing respondent may object to decree as if he had preferred a separate appeal.

Form of objection and provisions applicable thereto.

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

Objections to findings.

Determination of appeal.

• Rule 26A. Order of remand to mention date of next hearing
• Rule 27. Production of additional evidence in Appellate Court.
• Rule 28. Mode of taking additional evidence.
• Rule 29. Points to be defined and recorded.

Judgment in appeal

• Rule 30. Judgment when and where pronounced.
• Rule 31. Contents, date and signature of judgment.
• Rule 32. What judgment may direct.
• Rule 33. Power of Court of appeal.
• Rule 34. Dissent to be recorded.

Decree in appeal

• Rule 35. Date and contents of decree.

Judge dissenting from judgment need not sign decree.

• Rule 36. Copies of judgment and decree to be furnished to parties.
• Rule 37. Certified copy of decree to be sent to Court whose decree appealed from.

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• ORDER XLII. Appeals from Appellate Decrees
• Rule 1. Procedure.
• Rule 2. Power of Court to direct that the appeal be heard on the question formulated by it.
• Rule 3. Application of rule 14 of Order XLL.

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• ORDER XLIII. Appeals from Orders
• Rule 1. Appeals from orders.
• Rule 1A. Right to challenge non-appealable orders in appeal against decrees.
• Rule 2. Procedure.

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• ORDER XLIV. Appeals by Indigent Persons
• Rule 1. Who may appeal as an indigent person.
• Rule 2. Grant of time for payment of Court-fee.
• Rule 3. Inquiry as to whether applicant is an indigent person.

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• ORDER XLV. Appeals to the Supreme Court
• Rule 1. “Decree” defined.
• Rule 2. Application to Court whose decree complained of.
• Rule 3. Certificate as to value or fitness.
• Rule 4. [Repealed.].
• Rule 5. [Repealed.].
• Rule 6. Effect of refusal of certificate.
• Rule 7. Security and deposit required on grant of certificate.
• Rule 8. Admission of appeal and procedure thereon.
• Rule 9. Revocation of acceptance of security.
• Rule 9A. Power to dispense with notices in case of deceased parties.
• Rule 10. Power to order further security or payment.
• Rule 11. Effect of failure to comply with order.
• Rule 12. Refund of balance deposit.
• Rule 13. Powers of Court pending appeal.
• Rule 14. Increase of security found inadequate.
• Rule 15. Procedure to enforce orders of the Supreme Court.
• Rule 16. Appeal from order relating to execution.
• Rule 17. [Repealed.].

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• ORDER XLVI. Reference
• Rule 1. Reference of question to High Court.
• Rule 2. Court may pass decree contingent upon decision of High Court.
• Rule 3. Judgment of High Court to be transmitted, and case disposed of accordingly.
• Rule 4. Costs of reference to High Court.
• Rule 4A. Reference to High Court under proviso to section 113.
• Rule 5. Power to alter, etc., decree of Court making reference.
• Rule 6. Power to refer to High Court questions as to jurisdiction in small causes.
• Rule 7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes.

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• ORDER XLVII. Review
• Rule 1. Process to be served at expense of party issuing.

Costs of service.

• Rule 2. Orders and notices how served.
• Rule 3. Use of forms in appendices.

Application where granted.

• Rule 5. Application for review in Court consisting of two or more Judges.
• Rule 6. Application where rejected.
• Rule 7. Order of rejection not appealable.

Objections to order granting application.

• Rule 8. Registry of application granted, and order for re-hearings.
• Rule 9. Bar of certain applications.

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• ORDER XLVIII. Miscellaneous
• Rule 1. Process to be served at expense of party issuing.

Costs of service.

• Rule 2. Orders and notices how served.
• Rule 3. Use of forms in appendices.

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• ORDER XLIX. Chartered High Courts
• Rule 1. Who may serve processes of High Court.
• Rule 2. Saving in respect of Chartered High Courts.
• Rule 3. Application of rules.

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• ORDER L. Provincial Small Cause Courts
• Rule 1. Provincial Small Cause Courts.

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• ORDER LI. Presidency Small Cause Courts
• Rule 1. Presidency Small Cause Courts.

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