Code of Civil Procedure, 1908

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GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
Act No. V of 1908.
The Code of Civil Procedure, 1908
(In its application of the State of Maharashtra)
(As modified upto the 23rd January 2015 )
*
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PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.
2014
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Act No. V of 1908
The Code of Civil Procedure, 1908
(In its application to the State of Maharashtra)
(As modified upto the 30th September 2014)
(i)
CHRONOLOGICAL TABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1908 V THE CODE OF CIVIL
PROCEDURE
1914 I The Code of Civil Procedure Amending section 8 and
(Amendment) Act. section 67.
1914 IV The Decentralisation Act Amending section 138.
1914 X The Repealing and Amending Amending section 60 and
Act. Form No. 7 in Appendix E.
1914 XVII The Second Repealing and 1. Amending Order 5,
Amending Act. Rule 26.
2. Repealing section 156
and the Fifth Schedule.
1916 XIII The Amending Act. Amending sections 111,
116, 122, 123, 126, 129
and 130.
1917 XXIV The Repealing and Amending Amending section 127 and
Act. section 130.
1919 XVIII The Repealing and Amending Amending section 122 and
Act. section 123.
1920 XXIV The Code of Civil Procedure Amending Order 9,
(Amendment) Act. Rule 5.
1920 XXVI The Indian Limitation and 1. Amending Order 45,
Code of Civil Procedure Rule 7.
(Amendment) Act. 2. Inserting new rule 9A
in Order 45.
3. Adding new sub-rule
(4) to rule 15 of Order 45.
1920 XXXVIII The Devolution Act. Amending sections 5, 61,
67, 68, 125 and 143.
1921 III The Code of Civil Procedure Amending section 55.
(Amendment) Act.
1922 IX The Code of Civil Procedure 1. Inserting new section
(Amendment) Act. 35A.
2. Amending section 104
and Order 41, Rule 33.
1923 XI The Repealing and Amending Amending section 122 and
Act. section 123;
1923 XXVI The Code of Civil Procedure Amending section 60.
(Amendment) Act.
H 4026—1
(ii)
CHRONOLOGICAL TABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1923 XXIX The Code of Civil Procedure Amending Order 21, Rule
(Amendment) Act. 32 and Rule 33.
1925 XX The Code of Civil Procedure Amending section 60.
(Amendment) Act.
1925 XXIII The Legislative Members Inserting new section
Exemption Act. 135A.
1925 XXXII The Oudh Courts (Supple- Amending sections 122
mentary) Act. and 123.
1926 I The Small Cause Courts 1. Amending section 7.
(Attachment of Immovable 2. Inserting new Rule 13,
Property) Act. Order 38.
1926 VI The Code of Civil Procedure Amending section 103.
(Amendment) Act.
1926 XXII The Code of Civil Procedure Amending Order 3, Rule 1
(Second Amendment) Act. and Rule 4.
1926 XXX The Negotiable Instrument Amending Order 37, Rule 2
(Interest) Act. and Form No. 4 in
Appendix-B.
1927 X The Repealing and Amending Act Amending—
(i) Order 5, Rule 27 and
Rule 28.
(ii) Heading of Order 28.
(iii) Order 28, Rule 1, Rule 2
and Rule 3.
1928 XVIII The Repealing and Amending Adding new sub-section
Act. (3) to section 98.
1929 XXI The Transfer of Property (1) Substituting new Rules
(Amendment) Supplementary 2 to 8, 10, 11 and 15 for the
Act. old Rules in Order 34.
(2) Substituting new Form 3
to 11 in Appendix D for the
old Forms.
(3) Inserting new Rule 8A
in Order 34.
1930 XVI The Transfer of Property Amending Order 43
(Amendment) Supplementary Rule 1.
Act.
(iii)
CHRONOLOGICALTABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1932 X The Code of Civil Procedure (1) Amending section 78.
(Amendment) Act. (2) Inserting new Rules
19, 20, 21 and 22 in Order
26 with heading.
1934 XXXV The Amending Act Amending section 2,
Clause (17), section 60,
sub-section (1), clause (i),
Order 5, Rule 27 and Rule
28 and Order 28.
1936 XXI The Code of Civil Procedure (1) Amending section 51
(Amendment) Act. and Order 21, Rule 37.
(2) Substituting new Rule
40 in Order 21 in place of
the old Rule.
1937 VIII The Code of Civil Procedure (1) Inserting new section
(Amendment) Act. 44A.
(2) Amending Order 21,
Rule 22.
1937 IX The Code of Civil Procedure Amending section 60.
(Second Amendment) Act.
1937 XVI The Code of Civil Procedure Amending Order 32, Rule 3.
(Third Amendment) Act.
1937 The Government of India
(Adaptation of Indian Laws)
Order.
1939 XXVI The Code of Civil Procedure Amending Order 21,
(Amendment) Act. Rule 48.
1940 X The Arbitration Act Repealing section 89,
Clauses (a) to (f) both
inclusive of sub-section
(1) of section 104 and the
Second Schedule.
1940 XXXIV The Code of Civil Procedure Amending sections 29
(Amendment) Act. and 48.
1941 XXI The Federal Court Act Repealing section 111A
and Order 45, Rule 17.
H 4026—1a
(iv)
CHRONOLOGICALTABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1942 XXIII The Code of Civil Procedure Adding new Order 27A.
(Amendment) Act.
1942 XXIV The Code of Civil Procedure 1. Inserting new Rule 11A
(Second Amendment) Act. in Order 33.
2. Amending Order 33,
Rules 12 and 13.
3. Substituting new Rule
14 in Order 33 for the
Original.
1942 XXV The Repealing and Amending Amending Order 21,
Act. Rule 48.
1943 V The Code of Civil Procedure Amending section 60 and
(Amendment) Act. Order 21, Rule 48.
1948 VI The Code of Civil Procedure Amending section 80
(Amendment) Act, 1948.
1948 The Indian Independence
(Adaptation of Central Acts
and Ordinances) Order, 1948.
1948 Bom. Act The Code of Civil Procedure Amending section 60
LX (Bombay Amendment) Act,
1948.
1949 XXXII The Code of Civil Procedure Amending section 82
(Amendment) Act, 1949.
1950 Adaptation of Laws Order, 1950
1951 II The Code of Civil Procedure 1. Amending sections 1, 2,
(Amendment) Act. 7, 35A, 60, 92, heading of
Part IX sections 116, 122,
123, 129 and Order 50,
Rule 1.
2. Substituting sections
29, 43, 44, 44A, 78, 83 to
87B.
1951 XIX The Code of Civil Procedure Amending Order 5,
(Second Amendment) Act, 1951 Rule 2.
1951 XXIV The Code of Civil and Criminal Amending section 113 and
Procedure (Amendment) Order 46.
Act, 1951.
(v)
CHRONOLOGICALTABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1952 XLVIII The Repealing and Amending Repealing sections 154 and
Act, 1952 155 and Omitting Schedule
IV.
1953 XLII The Repealing and Amending Amending sub-section (7B)
Act, 1953 of section 2.
1953 Hyd. Act The Code of Civil Procedure Amending section 60.
XI. (Hyderabad Amendment)
Act, 1953.
1956 LXVI The Code of Civil Procedure 1. Amending sections 34,
(Amendment) Act, 1956. 35, 35-A, 47, 60, 82, 92, 102,
109, 133, 144 and First
Schedule.
2. Omitting sections 68 to
72 and Third Schedule.
1956 LXVIII The Union Territorties (Laws Amending sub-section (3)
Amendment) Act, 1956 of section 1.
1956 Adaptation of Laws (No. 2), Amending sections 1, 7,
Order, 1956. 35A, 92, 116, 122, 129, 130
and Order 50, Rule 1.
1963 XXVI The Code of Civil Procedure Amending sections 2,
(Amendment) Act, 1963. 60, 80.
1963 XXXVI The Limitation Act, 1963 Section 48 omitted.
1965 Mah. Act The Code of Civil Procedure Extends amendments
VI. (Extention of Hyderabad made by Hyd. Act XI of
Amendment) Act, 1965. 1953 to the whole of
Maharashtra.
1970 Mah. Act The Code of Civil Procedure Section 9A inserted.
XXV. (Maharashtra Amendment)
Act, 1970.
1972 LIV The Rulers of Indian States Section 87B amended.
(Abolition of Privileges) Act.
1973 XLIX The Code of Civil Procedure Section 109, Order 95,
(Amendment) Act, 1973. Rule 3(1) and Form 12 in
Appendix G amended,
section 110 omitted.
*1976 104 The Code of Civil Procedure Code overhauled.
(Amendment) Act, 1976.
*Pleasesee Note 1 on page (vii).
(vi)
CHRONOLOGICALTABLEOF SUBSEQUENT AMENDING ACTS
Year No. of Act Short Title How affected
1977 Mah. LXV The Code of Civil Procedure Deleting amendment
of 1977. (Maharashtra Amendment) made by Bom. LX of 1948,
Act, 1977. Hyd. XI of 1953 read with
Mah. VI of 1965, Hyd.
XVIII of 1953 and Mah.
XXV of 1970, inserting
section 9A and amending
section 60.
1978 38 The Repealing and Amending Section 123 and Order XXI,
Act, 1978. Rule 23 amended.
1983 20 Delegated Legislation Section 67, sub-section (3)
Provisions (Amendment) inserted.
Act, 1983.
1988 45 The Benami Transactions Deleting section 66
(Prohibition) Act, 1988.
1999 @46 **The Code of Civil Procedure Code overhauled
(Amendment) Act, 1999.
2002 @@22 ***The Code of Civil Procedure Code overhauled.
(Amendment) Act, 2002.
@This Act came into force w.e.f. the 1st July 2002 (except clause (iii) of section 16, clause (iii) of section 18 so as it relates to Rules
9 and 10 of Order VII of First Schedule to Code of Civil Procedure and section 30,vide G.O.I., M.O.L., J & C.A., No. S. O.
603 (E), dated the 6th June 2002.
@@This Act came into force w.e.f. the 1st July 2002,vide G.O.I., M.O.L., J. & C.A., No. S. O. 643 (E.), dated the 6th June 2002.
**Pleasesee Note 2 on page (x).
***Please see Note 3 on page (xiii).
(vii)
*Note 1.—Section 97 of Act 104 of 1976 reads as follows :—
“97. Repeal and Saving.—(1) Any amendment made or any provision
inserted in the principal Act by a State Legislature or a High Court
before the commencement of this Act shall, except in so far as such
amendment or provision is consistent with the provisions of the principal
Act as amended by this Act, stand repealed.
(2) Notwithstanding that provisions of this Act have come into force
or the repeal under sub-section(1)has taken effect, and without prejudice
to the generality of the provisions of section 6 of the General Clauses
Act, 1897 (10 of 1897),—
(a) the amendment made to clause (2) of section 2 of the principal
Act by section 3 of this Act shall not affect any appeal against the
detetmination of any such question as is referred to in section 47 and
every such appeal shall be dealt with as if the said section 3 had not
come into force ;
(b) the provision of section 20 of the principal Act, as amended by
section 7 of this Act, shall not apply to or affect any suit pending
immediately before the commencement of the said section7 ; and
every such Suit be tried as if the said section 7 had not come into
force ;
(c) the provision of section 211 of the principal Act, as amended by
section 8 of this Act, shall not apply to or affect any suit pending
immediately before the commencement of the said section 8 ; and
every such suit shall be tried as if the said section 8 had not come into
force ;
(d) the provision of section 25 of the principal Act, as substituted
by section 12 of this Act, shall not apply to or affect any suit, appeal or
other proceeding wherein any report has been made under the
provisions of section 25 before the commencement of the said section
11 ; and every such suit, appeal or other proceding shall be dealt with
as if the said section 11 had not come into force ;
(e) the provisions of section 34 of the principal Act, as amended by
section 13 of this Act, shall not affect the rate at which interest may
be allowed on a decree in any suit institued before the commencement
of the said section 13 and interest on a decree passed in such suit
shall be ordered in accordance with the provisions of section 34 as
they stood before the commencement of the said section 13 as if the
said section 13 had not come into force;
(f) the provision of section 35A of the principal Act, as amended by
section 14 of this Act, shall not apply to or affect any proceedings for
revision, pending immediately before the commencement of the said
section 14 and every such proceeding shall be dealt with and disposed
of as if the said section 14 had not come into force ;
(g) the provisions of section 60 of the principal Act, as amended by
section 23 of this Act, shall not apply to any attachment made before
the commencement of the said section 23;
(viii)
(h) the amendment of section 80 of the principal Act by section 27
of this Act shall not apply to or affect any suit instituted before the
commencement of the said section 27; and every such suit shall be
dealt with as if section 80 had not been amended by the said section
27 ;
(i) the provisions of section 82 of the principal Act, as amended by
section 28 of this Act, shall not apply to or affect any decree passed
against the Union of India or a State or, as the case may be, a public
officer, before the commencement of the said section 28 or to the
execution of any such decree ; and every such decree or execution
shall be dealt with as if the said section 28 had not come into force ;
(j) the provisions of section 91 of the principal Act, as amended by
section 30 of this Act, shall not apply to or affect any suit, appeal or
proceeding instituted or filed before the commencement of the said
section 30 ; and every such suit, appeal or proceeding shall be disposed
of as if the said section 30 had not come into force ;
(k) the provisions of section 92 of the principal Act, as amended by
section 31 of this Act, shall not apply to or affect any suit, appeal or
proceeding instituted or filed before the commencement of the said
section 31; and every such suit, appeal or proceeding shall be disposed
of as if the said section 31 had not come into force ;
(l) the provisions of section 96 of the principal Act, as amended by
section 33 of this Act, shall not apply to or affect any appeal against
the decree passed in any suit instituted before the commencement of
the said section 33 ; and every such appeal shall be dealt with as if the
said section 33 had not come into force ;
(m) the provisions of section 100 of the principal Act, as substituted
by section 37 of this Act, shall not apply to or affect any appeal from
an appellate decree or order which had been admitted, before the
commencement of the said section 37, after hearing under rule 11 of
Order XLI; and every such admitted appeal shall be dealt with as if
the said section 37 had not come into force;
(n) section 100A, as inserted in the principal Act by section 38 of
this Act, shall not apply to or affect any appeal against the decision of
a single Judge of a High Court under any Letters Patent which had
been admitted before the commencement of the said section 38 ; and
every such admitted appeal shall be disposed of as if the said section
38 had not come into force ;
(o) the amendment of section 115 of the principal Act, by section
43 of this Act, shall not apply to or affect any proceeding for revision
which had been admitted, after preliminary hearing, before the
commencement of the said section 43 ; and every such proceeding for
revision shall be disposed of as if the said section 43 had not come
into force ;
(p) the provisions of section 141 of the prinicpal Act, as amended
by section 47 of this Act, shall not apply to or affect any proceeding
which is pending immediately before the commencement of the said
section 47 ; and every such proceeding shall be dealt with as if the
said section 47 had not come into force ;