The Code of Civil Procedure, 1908

What this law is

The Code of Civil Procedure, 1908, Act No. 5 of 1908, is the main procedural law for civil courts. It lays down how civil suits are filed, where they should be filed, how summons are served, how judgments and decrees are handled, how decrees are executed, and how appeals and revisions work.

The text supplied is an updated version, shown as on the 10th January, 2026. It also lists many amending Acts, including later amendments and the Repealing and Amending Act, 2025, which means the law has changed over time.

What it governs

The Code of Civil Procedure, 1908 covers a wide range of civil court procedure, including:

• jurisdiction of courts and when civil suits can be tried
• place of suing, including suits for immovable property
• institution of suits
• summons, discovery and witness process
• judgment, decree, interest and costs
• execution of decrees
• attachment and sale of property in execution
• commissions and incidental proceedings
• suits involving Government, public officers, foreign States and interpleader matters
• settlement of disputes outside the court
• appeals, review and revision
• rule making powers of High Courts
• miscellaneous civil process matters such as caveats, restitution, amendment of judgments and inherent powers of court

Why it matters for land and property readers

The Code of Civil Procedure, 1908 matters if you are involved in a property dispute, recovery case, partition matter, injunction case, execution of a decree, or attachment and sale of property through court process.

Key property related topics named in the text include:

• suits for immovable property
• suits where the subject matter is within different court jurisdictions
• partition of estate or separation of share
• property liable to attachment and sale in execution of decree
• seizure of property in dwelling house
• private alienation of property after attachment to be void
• purchaser's title in court sale
• power for State Government to make rules as to sales of land in execution of decrees for payment of money

Who is affected

The Code of Civil Procedure, 1908 affects:

• property owners and buyers involved in civil litigation
• decree holders and judgment debtors
• legal representatives and transferees
• parties filing appeals or review petitions
• lawyers and courts handling civil cases

Important limits of the supplied text

The supplied pages mainly show the arrangement of sections and the First Schedule opening entries. They identify the subjects covered by the law, but they do not provide the full wording of each section or rule. So this text shows the structure and scope of the Code of Civil Procedure, 1908, not the detailed legal conditions for each procedure.