The Civil Procedure Code

An advocate’s or clerk’s affidavit about service of a notice to produce, together with a copy of the notice, is sufficient evidence of service and the time it was served.

If a notice to admit or produce specified documents is unnecessary, the party giving the notice must bear the resulting costs.

Parties or their advocates must produce specified documents at the first hearing, and the court may only receive later evidence if good cause is shown.

The court may reject irrelevant or inadmissible documents at any stage of the suit and must record the reasons for rejecting them.

A judge or magistrate must endorse specified details on every document admitted in evidence, and sign or initial the endorsement.

A party may provide a copy of an entry from certain books or accounts, and the court may require a copy in specified cases.

If the court treats a document used as evidence as inadmissible, the document must be endorsed with specified particulars and a statement that it was rejected, and the endorsement must be signed or initialed by the Judge or magistrate.

Documents admitted in evidence, and substituted copies where allowed, must be included in the suit record. Documents not admitted in evidence must not be included and must be returned to the persons who produced them.

The court may order a document or book produced in a suit to be impounded and kept by a court officer if it sees sufficient cause.

A person who filed a document in the suit may be entitled to get it back from the record, unless it is impounded or has become void or useless; a receipt must be given when the document is returned.

The court may call for and inspect records of other suits or proceedings, and applicants must support such requests with an affidavit showing materiality and why an authenticated copy cannot be obtained without unreasonable delay or expense, or why the original is needed for justice.

The court may call for papers from its own records or from other courts, and the rules for documents also apply to other material objects that can be produced as evidence.

At the first hearing, the court must identify the disputed material questions and frame and record the issues, unless the defendant makes no defence.

If a case has both law and fact issues, the court must decide the law issues first and may delay deciding the fact issues.

The court may frame the issues using any or all of the listed materials.

The court may delay framing the issues and may require a person to attend or a document to be produced if it cannot frame the issues correctly without them.

The court may, before passing a decree, amend or add issues, and may strike out issues that are wrongly framed or introduced.

If the parties agree on the issue to be decided, they may put it in writing; if the court is satisfied the agreement was made in good faith, it may pronounce judgment.

If the court is satisfied of certain conditions, it must record and try the issue, state its decision, and then give judgment in line with the agreement.

At the first hearing, if the parties are not disputing any question of law or fact, the court may immediately give judgment.

If there is more than one defendant and one is not at issue with the plaintiff on a question of law or fact, the court may immediately give judgment for or against that defendant.

The court may decide framed issues and give judgment if no further evidence or argument is needed and no injustice would result; otherwise, it must postpone the hearing and set a date for more evidence or argument.

If a party does not produce relied-on evidence without sufficient cause after a summons from a court other than the High Court, the court may give judgment immediately or adjourn the case.

After a suit is filed, the parties may apply to the court or a court-appointed officer to get summonses for attendance to give evidence or produce documents.

A person applying for a summons must pay court money for the summoned person’s travel and attendance expenses before the summons is granted, within a time the court fixes.

If the summons can be served personally, the sum paid into court must be tendered to the person summoned when the summons is served.

The court may require extra money to cover a summoned person’s expenses or reasonable remuneration, and may levy it from the relevant party’s movable property or discharge the summoned person without taking evidence.

A summons must state when and where the person must attend, why attendance is required, and describe any document to be produced with reasonable accuracy.

A person summoned only to produce a document may comply by arranging for the document to be produced instead of appearing personally.

A court may require a person present in court to give evidence or produce documents in that person’s possession or power, except where the law requires the document to be withheld in the public interest.

Summonses under this Order must be served in substantially the same way as a summons to a defendant, and Order V rules on proof of service apply to all such summonses.

A summons must be served early enough for the person summoned to have a reasonable time to prepare and travel to the hearing location.

If a summoned person does not attend or produce the document, the court can take steps to enforce the summons.

If the person appears after property has been attached and satisfies the court on the stated points, the court must release the property from attachment.

If a required person does not appear or does not satisfy the court, the court may fine them and order their property attached and sold. If the person pays the costs and fine into court, the property must be released.

Rules about attachment and sale of property for enforcing a decree also apply, where relevant, to attachment and sale under this Order.

The court may, on its own motion, summon a non-party witness to give evidence or produce a document.

A person who is summoned to attend a suit and give evidence must appear at the time and place stated in the summons. A person summoned to produce a document must bring it, or arrange for it to be produced, at that time and place.

A person who has been summoned and is attending must appear at each hearing until the case is finished, unless the court says otherwise.

Rules 10 to 13 are treated as applying, where relevant, to a person who leaves after attending under a summons without lawful excuse, contrary to rule 16.

The court may require bail or other security, may release the person if security is given, or may detain the person as a civil prisoner if security is not given. A person generally cannot be ordered to attend in person to give evidence unless the distance rules in section 19 are met.

If a party present in court refuses, without lawful excuse, to give evidence or produce a document when required, the court may enter judgment or make another order in the suit.

If a party to a suit must give evidence or produce a document, the witness rules apply to that party as far as they can.

The court may adjourn a suit and grant time, but it must set a further hearing date and follow limits on adjournments.

If a suit has been generally adjourned, the court must dismiss it if no application is made within 12 months of the last adjournment.

If a party given time fails to produce evidence, bring witnesses, or do another required act, the court may decide the suit at once.

If a suit hearing has been generally adjourned, the court must dismiss the suit when no application is made within 12 months of the last adjournment.

If neither party takes a step for two years, the court may strike out the suit without notice.

The plaintiff generally has the right to begin; if the defendant admits the facts and argues the plaintiff is not entitled to any relief, the defendant has the right to begin instead.

Trials in the Commercial Division of the High Court are to use at least two knowledgeable assessors unless both parties agree otherwise.

If one or more assessors are absent during a trial, the court may continue and finish the trial with the remaining assessor or assessors.

At the hearing, the party with the right to begin states their case and evidence first, then the other party does the same and may address the court, followed by a general reply from the first party.

The party beginning may either present evidence now or reserve it to answer the other party’s evidence; if it reserves evidence, the other party may reply specially and the party beginning may then reply generally.

Witness evidence in attendance must be taken orally in open court, with the judge or magistrate personally directing and supervising it.

Witness evidence must be written down in the court’s language under the judge or magistrate’s direction, usually as a narrative, and the judge or magistrate must sign it.

The Court may record down a particular question and answer, or an objection to a question, if there is special reason to do so.

If a witness question is objected to and the court still allows it, the judge or magistrate must record the question, the answer, the objection, who made the objection, and the court’s decision.

The court may record remarks it considers material about a witness’s demeanour while the witness is being examined.

A judge or magistrate may direct a court stenographer to make a shorthand record of evidence or other proceedings, and the transcript must then be transcribed, typewritten, and certified as correct and complete.

If a judge or magistrate cannot finish a trial because of death, transfer, or another cause, the successor may use the existing evidence or memorandum and continue the suit from the point reached.

The court may take a witness’s evidence immediately in certain cases, and if it does not do so at once and with the parties present, it must give the parties notice of the examination day.

The court may recall a witness who has already been examined and ask that witness any questions it thinks fit, subject to the law of evidence.

The court may inspect any property or thing at any stage of a suit if a question may arise about it.

The court may allow evidence to be given by affidavit and may order a deponent to attend for cross-examination, but it should not allow affidavit evidence where a witness is genuinely wanted for cross-examination and can be produced.

Affidavits should generally contain only facts the deponent knows personally, with a limited exception for statements of belief on interlocutory applications if the grounds are stated.

After a case is heard, the court must pronounce judgment in open court.

A Judge or Magistrate may pronounce a judgment that was written but not pronounced by a predecessor.

A judgment must be written under the presiding judge’s or magistrate’s direction, dated and signed when pronounced, and not changed after signing except as allowed by section 96 or on review.

After the case is heard, the trial judge and assessors must consider the evidence in chambers, and the judge must then pronounce judgment in open court.

In the Commercial Division of the High Court, the judge must consider the assessors’ opinion, is not bound by it, and must give reasons when disagreeing.

A judgment must include a concise statement of the case, the points for determination, the decision, and the reasons for the decision.

The court must state its finding or decision, with reasons, on each separate issue in a suit with framed issues, unless one or more issue findings are enough to decide the suit.

A decree must match the judgment, include key case and party details, state the relief or outcome, and state costs and how they are to be paid. The court may order costs to be set off against an amount due.

The decree must be dated the day the judgment was pronounced, and the Judge or Magistrate must sign it once satisfied it matches the judgment.

If a judge or magistrate leaves office after giving judgment but before signing the decree, the decree may be signed by the successor, a Registrar, a Deputy Registrar, or a District Registrar.

A decree concerning immovable property must describe the property clearly, and if a Land Registration Act title number exists, the decree must include it.

If a suit concerns movable property and the decree orders delivery of that property, the decree must also state the money amount to be paid instead if delivery cannot be made.

The court may postpone payment of a money decree or allow it to be paid by instalments, sometimes with interest.

If a suit seeks possession of immovable property plus rent or mesne profits, the court may make a decree for possession and related rent/mesne profits orders.

If a suit concerns accounts and administration of property, the court must first issue a preliminary decree before the final decree. In administration of a deceased person’s property, the court must follow the applicable rules on creditor rights and related valuations when the property is not enough to pay debts in full.

If a court decrees a pre-emption claim and the purchase money has not yet been paid into court, the decree must set a payment day and provide for possession to pass on payment; if payment is not made in time, the suit is dismissed with costs.

In partnership dissolution or partnership account suits, the court may make a preliminary decree before the final decree.

The court must pass a preliminary decree for accounts to be taken before its final decree in certain suits.

The court may give directions on how an account is taken or vouched, and may treat the relevant books of account as prima facie evidence.

The court may issue a preliminary decree about partition or separate possession when further inquiry is needed.

When a set-off is allowed, the decree must state what is due to each party and provide for recovery of any sum due to either side. Appeals are handled the same way as if no set-off had been claimed.

The court must provide certified copies of the judgment and decree to the parties when they apply, and the parties must pay for them.

Interest on a judgment debt is 7% per year by default, unless the parties agree in writing to another rate or it is fixed by consent, subject to a 12% per year cap.

Money payable under a decree must be paid into the executing court, to the decree-holder out of court, or as the court directs.

If a decree debt is paid or adjusted outside court, the decree-holder must certify it and the court must record it; a judgment debtor may also ask the court to notify the decree-holder, and uncertified/unrecorded payments are not recognized.

If a decree is in favour of a person against the Government or a Government officer, section 15 of the Government Proceedings Act applies to satisfy the order instead of rules 3 to 110 of this Order.

If immovable property forms one estate or tenure in the local limits of two or more courts, any one of those courts may attach and sell the whole estate or tenure.

A resident magistrate court may send a decree directly to another court within its jurisdiction, except the High Court. Otherwise, a decree to be executed outside the original court’s local area must be sent to the resident magistrate court where execution will occur.

A court sending a decree for execution must send the decree copy and related certificates or orders about execution status.

A court receiving a decree must file the copies and certificates, unless it requires proof for special recorded reasons.

If copies are filed and the receiving court is a resident magistrate court, that court may execute the decree or order or send it to a competent subordinate court for execution.

If the decree is sent to the High Court for execution, the High Court must execute it as if it had itself passed the decree in its ordinary original civil jurisdiction.

A decree holder who wants to execute the decree must apply to the court that passed it, or to the appointed officer; if the decree was sent to another court, apply there or to its proper officer.

The court may allow immediate enforcement of a money decree or certain money orders in limited situations, but ordinary execution applications must be made in writing and verified.

If a decree-holder applies to attach movable property of a judgment debtor that is not in the debtor’s possession, the decree-holder must attach an inventory with a reasonably accurate description.

An application to attach immovable property must identify the property and state the judgment debtor’s share or interest; for registered land, the court may also require an official search.

If a decree was passed jointly for more than one person, any one or more of them may apply to execute the whole decree unless the decree says otherwise.

A transferee of a decree, or of a decree-holder’s interest in it, may apply to the court that passed the decree to execute it.

The court must check whether the application follows the applicable rules, and if it does not, it may reject the application or let the defect be fixed. If the application is admitted, the court must record it and order execution of the decree, with a money-decree attachment amount that should roughly match the amount due.

This section sets rules for executing cross-decrees: if the sums are equal, both decrees are satisfied; if unequal, only the holder of the larger decree may execute, for the balance after deducting the smaller sum.

If cross-decrees involve equal sums, the court must record satisfaction for both; if the sums are unequal, only the party owed the larger sum may execute for the balance after deducting the smaller sum.

Rules 16 and 17 apply to decrees for sale made to enforce a mortgage or charge.

A court may order a salary attachment to keep applying to future salary payments when enforcing a periodic payments order.

The court may choose, in its discretion, to refuse execution against both the person and property of a judgment debtor at the same time.

In some execution applications, the court must give notice requiring the person to show cause before the decree is executed, unless a stated exception applies.

If the notified person does not appear or does not satisfy the court, the court must order execution of the decree. If the person objects, the court must consider the objection and make an appropriate order.

The court must issue execution process after required preliminary steps, unless there is cause not to, and the process must be dated, signed, sealed, delivered for execution, and given an execution deadline day.

The officer must note how and when the process was executed, or why it was delayed or not executed, and return it to the court. If the officer says the process could not be executed, the court must examine that claim and record the result, and may summon witnesses.

A court dealing with execution of a decree may stay execution, return seized property or release the debtor, and may impose security or other conditions.

The court that receives a decree for execution must follow binding orders made by the court that passed the decree, or by the relevant court of appeal, about executing that decree.

The court may stay execution of a decree if a related suit is pending, on terms it considers fit.

A money decree may be enforced by detaining the judgment debtor as a civil prisoner, selling the debtor’s property, or both.

This section says how a decree for a specific movable thing can be enforced, including seizure, delivery, detention, or attachment, and allows sale of attached property after six months in certain cases.

This section lets the court enforce certain decrees by detention or attachment, and sets rules for selling attached property and recovering execution costs.

A decree for restitution of conjugal rights cannot be enforced by detaining someone as a civil prisoner.

If a judgment debtor does not obey a decree to execute a document or endorse a negotiable instrument, the decree-holder may submit a draft to the court, objections must be served and made in writing within the time fixed by the court, and the court or an appointed officer will finalize and execute the document.

This section explains how possession of immovable property must be delivered when a court decree orders delivery or joint possession.

If a decree requires delivery of immovable property occupied by a tenant or other entitled occupant who is not bound to give up possession, the court must order delivery by posting the warrant on the property and publicly proclaiming the decree to the occupant.

A court may issue a notice to a judgment debtor instead of a warrant, but if the debtor does not appear and the decree-holder asks for it, the court must issue a warrant for arrest.

A warrant for the arrest of a judgment debtor must direct the executing officer to bring the debtor before the court quickly, unless the debt, interest, and any costs are paid sooner.

A court that issued an arrest warrant for a judgment debtor may ask a district court by telegram to arrest the debtor and escort him to the issuing court.

A judgment debtor generally cannot be arrested for execution of a decree unless the decree-holder pays enough into court for the debtor’s subsistence. If the debtor is imprisoned, the court must set a subsistence allowance and the responsible party must pay it in advance.

The court may refuse arrest and detention, or order release, if a judgment debtor cannot pay because of poverty or another sufficient cause; otherwise it may consider specified conduct and can order detention, custody, security, arrest, and prison commitment.

If a decree is for payment of money, the decree-holder may ask the court to order oral examination of the judgment debtor, a corporate officer, or another person, and the court may order attendance, examination, and production of books or documents.

If a decree requires an inquiry into rent, mesne profits, or another matter, the judgment debtor’s property may be attached before the amount due is determined.

If movable property other than agricultural produce is attached from a judgment debtor, the officer must seize it and keep it safely, but may sell it immediately if it is likely to decay quickly or cost more to keep than it is worth.

When agricultural produce is attached, a copy of the warrant must be affixed at the specified place, and the produce is then treated as having passed into the court’s possession.

The court must arrange custody of attached agricultural produce, and special rules apply to growing crops.

For certain debts, shares, and movable property, the court must issue a written attachment order that restricts dealing with the property and send copies of the order to specified people.

When attached property is a judgment debtor’s share in movable property co-owned with another person, attachment is done by notice to the judgment debtor that stops transfers or charging of that share.

A court may order salary attachment, and the employer or paying authority must withhold and remit the ordered amounts after notice.

Partnership property generally cannot be attached or sold to satisfy a decree unless the decree is against the firm or the partners as such.

A decree against a firm may be enforced against partnership property and, in specified cases, against certain partners or alleged partners.

If attached property is a negotiable instrument and it is not already in a court or a public officer’s custody, it must be seized and brought into court.

If property to be attached is held by a court or public officer, attachment is done by notice asking that the property and any related interest or dividend be held for the court’s further orders.

This section sets rules for attaching a decree and for what the court, decree holder, and judgment debtor must do after notice or attachment.

If the property is immovable, attachment is done by an order that stops the judgment debtor from transferring or charging it, and stops anyone from benefiting from that transfer or charge.

If the decree amount and related costs are paid into court, satisfaction is otherwise made or certified, or the decree is set aside or reversed, the attachment is treated as withdrawn.

If attached property is current coin or currency notes, the court may order some or all of it paid over to satisfy the decree.

If the court cannot continue with an execution application because of the decree-holder’s default, it may adjourn or dismiss the application; if dismissed, the attachment ends.

If someone claims property attached to satisfy a decree is not liable to attachment, the court must investigate the claim or objection, unless it was deliberately or unnecessarily delayed. If the property has been advertised for sale, the court may postpone the sale while the claim is investigated.

The claimant or objector must prove they had an interest in, or possessed, the attached property at the time of attachment.

If the court is satisfied that attached property was not properly in the judgment debtor’s possession or ownership, it must order the property released from attachment.

If the court is satisfied the attached property was effectively the judgment debtor’s property, held in trust for him, or occupied by a tenant paying him rent, the court must disallow the claim.

A court may continue an attachment even if the property is subject to a mortgage or charge, if it thinks fit.

A party against whom an order is made may sue to establish the right claimed to disputed property when a claim or objection has been raised.

A court executing a decree may order attached property to be sold and the sale proceeds paid to the person entitled under the decree.

Sales made to execute a decree must be conducted by a court officer or another person the court appoints, and they must be sold by public auction in the prescribed manner, unless otherwise prescribed.

When property is to be sold by public auction to execute a decree, the court must cause a sale proclamation to be made in the court’s language.

Proclamations must be made and published in the manner set by rule 53(2), and the court may require additional publication in the Gazette or a local newspaper.

A sale under this rule generally cannot take place until at least 30 days after the proclamation is posted for immovable property, or 15 days for movable property, unless the judgment debtor consents in writing or the proviso to rule 44 applies.

The court or the officer conducting a sale may adjourn it, but a sale in or near the court-house needs the court’s leave; if the adjournment lasts more than seven days, a fresh proclamation is required unless the judgment debtor waives it; and the sale must stop if the debt and costs are paid before the lot is knocked down.

If a resale happens because the purchaser defaulted, the sale officer must certify any price deficiency and resale expenses to the court.

A decree-holder may not bid for or buy property sold in execution unless the court expressly अनुमति permits it, and sale officers must not bid for or acquire an interest in the sold property.

Sales of agricultural produce must generally be held at or near the crop’s location, with a court power to move the sale nearby if that would likely get a better price, and a postponement rule if no fair price is offered.

If a growing crop can be stored but has not yet been stored, the sale date must be set so the crop can be made ready for storing, and the sale cannot happen until the crop is cut or gathered and ready for storing. If the crop cannot be stored, it may be sold before cutting or gathering, and the purchaser may enter the land to do what is needed to tend and harvest it.

The court may allow a negotiable instrument or a company share to be sold through a broker instead of by public auction.

At a public auction of movable property, the buyer must pay the price at the time of sale or as soon after as directed; if payment is not made, the property is to be resold.

This section says how sold property must be delivered to the purchaser, depending on whether it is seized movable property, movable property held by someone else, a debt, or a corporate share.

A judge, magistrate, or appointed officer may sign a transfer document or endorsement needed to transfer a negotiable instrument or share, and the court may appoint someone to receive interim interest or dividends and sign receipts.

The court may order certain movable property to vest in the purchaser or another person it directs.

Any court may order the sale of immovable property to execute a decree.

The court may postpone a sale of immovable property, issue a certificate for the judgment debtor to make a mortgage, lease, or private sale, and must keep the money payable under that transaction in court rather than paying it to the judgment debtor, except for any set-off rights of a decree-holder.

The purchaser at a sale of immovable property must immediately pay a 25% deposit of the purchase money; if the deposit is not paid, the property is to be resold.

The purchaser must pay the full purchase money into court by the fifteenth day after the sale, before the court closes, and may count any set-off allowed under rule 70 when calculating the amount.

If payment is not made on time under rule 83, the court may allow the deposit to be forfeited to the Government, the property must be re-sold, and the defaulting purchaser loses any claim to the property or later sale proceeds.

If purchase money is not paid on time, any re-sale of immovable property must be done only after a fresh proclamation.

If undivided immovable property is sold and a co-sharer and another person bid the same amount, the bid is treated as the co-sharer’s bid.

A qualifying person may ask the court to set aside a sale of immovable property sold in execution of a decree, if the required sums are deposited in court.

Some people may ask the court to set aside a sale of immovable property sold in execution of a decree if there was material irregularity or fraud in how it was published or conducted.

A purchaser at an execution sale may ask the court to set aside the sale if the judgment debtor had no saleable interest in the property.

The court must confirm a sale if no application is made under rules 87, 88, or 89, or if an application is made and disallowed. The court must set aside the sale if an allowed application is made and, for rule 87, the required deposit is paid within 30 days from the sale date, with notice given to affected persons.

If a sale of immovable property is set aside under rule 90, the purchaser is entitled to repayment of the purchase money, with interest only if the court directs.

When a sale of immovable property becomes absolute, the court must issue a certificate naming the property sold and the purchaser.

If the sold immovable property is occupied by the judgment debtor or certain related occupants and a rule 92 certificate exists, the court must order delivery to the purchaser on the purchaser’s application.

If sold property is occupied by a tenant or other person entitled to occupy it, and a certificate has been granted under rule 94, the court must order delivery on the purchaser’s application by posting the sale certificate and publicly proclaiming the transfer to the occupant.

A decree-holder or purchaser who is being resisted or obstructed when trying to take possession of immovable property may apply to the court, and the court must set a hearing date and summon the opposing party.

If the court finds that resistance to possession was unjustified, it must put the applicant into possession. If resistance continues, the court may order the judgment debtor or someone acting for them to be detained as a civil prisoner for up to 30 days.

If the court is satisfied that a non-judgment debtor caused the resistance or obstruction while claiming possession of the property in good faith, the court must dismiss the application.

A person other than the judgment debtor who is dispossessed of immovable property may apply to the court, and the court must set a hearing date and summon the opposing party.

If the court is satisfied the applicant possessed the property on their own account or for someone other than the judgment debtor, the court must order the applicant put into possession.

Rules 97 and 98 do not apply to resistance, obstruction, or dispossession involving a person who received immovable property from the judgment debtor after the suit began.

A party who is not a judgment debtor and is affected by an order under rules 98, 99, or 100 may sue to prove the right to possess the property.

If a plaintiff or defendant dies, the suit does not abate when the right to sue survives.

If one of several plaintiffs or defendants dies and the claim survives, the court must record that fact and the case continues with the surviving parties.

If a plaintiff dies, the court must add the deceased plaintiff’s legal representative as a party and continue the suit when an application is made; otherwise, the suit abates for that plaintiff.

If a defendant dies, the court may be required to add the deceased defendant’s legal representative as a party and continue the suit; if no timely application is made, the suit abates against that defendant.

If a question arises about who is the legal representative of a deceased plaintiff or defendant, the court must decide it.

If a party dies after the hearing is concluded but before judgment is pronounced, the case does not abate and judgment may still be pronounced.

A female plaintiff’s or defendant’s marriage does not end the suit, and execution rules may still apply, including against her alone or, with court permission, against the husband in some cases.

A plaintiff’s insolvency does not end the suit unless the assignee or receiver refuses to continue it or to give security for costs within the time set by the court.

If a suit abates or is dismissed, no fresh suit may be brought on the same cause of action. Certain people may ask the court to set aside the abatement or dismissal, and the court must do so if sufficient cause is shown.

A suit may continue, with the court’s leave, against or by the person who has acquired the relevant interest during the suit; a decree attachment pending appeal counts as such an interest.

For appeals, this Order treats “plaintiff” as including an appellant, “defendant” as including a respondent, and “suit” as including an appeal.

Rules 3, 4, and 8 do not apply to proceedings in execution of a decree or order.