Civil rules of practice bare act

Code of Civil Procedure, 1908

Act No. 5 of 1908

The First Schedule

Appendices to The First Schedule

Assam by the Civil Procedure ( Assam Amendment) Act, 1941 (Assam 2 of 1941); Madras by Madras Act 34 of 1950 and Madras A.O.1954 Punjab by the Punjab Relief of Indebtedness Act, 1934 (Pun.7 of 1934); and U.P.by the Oudh Courts Act, 192D

(U.P.4 of 1925), U.P.Acts 35 of t948 and 24 of 1954.

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 Scheduled Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts:-

(1) The Districts 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.I, 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 Dehra Dun 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 sections 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 Singbhum: Calcutta Gazette, 1909, Pt.I, p.453 and Gazette of India, 1909, Pt.I, p.443.

Under section 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 section 10 of the Sonthal Parganas Justice Regulation, 1893 (5 of 1893): see Calcutta Gazette, 1909, Pt.I, n.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 Districts of Koraput and Ganjam Agency by Orissa Regulation, 5 of 1951, s.2.>

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Comment: This is the basic law of procedure in civil matters. It codifies principles of natural justice and for this reason is also referred to by judicial forums other than civil courts.

[21st March, 1908.]

WHEREASit is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-