The Code of Civil Procedure, 1908

The Code of Civil Procedure, 1908 (Act No. 5) is the foundational framework governing civil litigation in India. Its purpose is to establish a comprehensive set of rules for the administration of civil justice, so that civil suits are conducted fairly and efficiently across courts.

Applicability: the CPC applies to all civil suits in India — individuals, corporations, and government entities — covering civil rights, property disputes, contracts, torts, and other civil matters, and standardising procedure across District Courts, High Courts, and subordinate courts.

Key provisions, by part:

• Part I — Suits in General (Sections 9–26): jurisdiction of courts, res judicata (Section 11), and the rules for instituting suits (Section 26).
• Part II — Execution (Sections 36–73): executing decrees, including the powers of courts in execution (Section 51) and treatment of property (Sections 60–64).
• Part VII — Appeals (Sections 96–112): appeals from original and appellate decrees, including the powers of appellate courts (Section 107).
• Part IX — Special Provisions (Sections 116–120): specific provisions for High Courts and their jurisdiction.

Enforcement falls to civil courts — District Courts and High Courts — with the Supreme Court interpreting the provisions and ensuring adherence to procedural norms.

Common use cases: initiating civil suits, filing appeals, executing decrees, and procedural guidance on summons, discovery, and the conduct of trials — especially in property disputes, contractual obligations, and tort claims.

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This page is a research summary, not legal advice. For how the Act applies to a specific matter, consult a qualified advocate.