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Code of Civil Procedure, 1908: Sections 81 to 120

This updated index covers Sections 81 to 120 of the Code of Civil Procedure, 1908 (CPC). The provisions include suits involving Government and public officers, suits involving foreign States and rulers, interpleader proceedings, settlement of disputes outside Court, public nuisances and charities, supplemental proceedings, first and second appeals, appeals to the Supreme Court, reference, review, revision and provisions relating to certain High Courts.

Important update to Section 89 CPC: the Mediation Act, 2023 substitutes Section 89 so that courts may, where the statutory conditions are met, refer disputes to arbitration, mediation, Lok Adalat or judicial settlement/compromise in accordance with the applicable law.

Sections 81-87B: Government, Public Officers and Foreign States

Sections 81 & 82 - Exemption from Arrest and Personal Appearance; Execution of Decree

Special procedural protection for public officers and execution of decrees against Government or public officers.

Sections 83 & 84 - When Aliens May Sue and When Foreign States May Sue

Section 85 - Persons Appointed to Prosecute or Defend on Behalf of Foreign Rulers

Section 86 - Suits Against Foreign Rulers, Ambassadors and Envoys

Section 87 - Style of Foreign Rulers as Parties to Suits

Section 87A - Definitions of "Foreign State" and "Ruler"

Current Central CPC includes Section 87A in this group of provisions.

Section 87B - Application of Sections 85 and 86 to Rulers of Former Indian States

Current Central CPC also contains Section 87B immediately before Section 88.

Sections 88-95: Special Proceedings and Supplemental Proceedings

Sections 88 & 90 - Interpleader Suit and Power to State a Case for Opinion of Court

Section 89 - Settlement of Disputes Outside the Court

Updated statutory framework includes arbitration, mediation under the Mediation Act, 2023, Lok Adalat and judicial settlement/compromise.

Sections 91 & 92 - Public Nuisances, Other Public Wrongs and Public Charities

Sections 93 & 94 - Exercise of Advocate-General�s Powers and Supplemental Proceedings

Section 95 - Compensation for Arrest, Attachment or Injunction Obtained on Insufficient Grounds

Sections 96-108: Appeals from Decrees and Orders

Sections 96 & 97 - Appeal from Original Decree and Effect of Not Appealing from Preliminary Decree

Section 98 - Decision Where Appeal Is Heard by Two or More Judges

Section 99 - No Reversal or Modification for Non-prejudicial Error or Irregularity

Section 99A - Orders under Section 47

The current Central CPC separately restricts reversal or modification of an order under Section 47 unless the decision of the case is prejudicially affected.

Sections 100 & 100A - Second Appeal and No Further Appeal in Certain Cases

Sections 101 & 102 - Grounds of Second Appeal and Cases Where No Second Appeal Lies

Sections 103 & 104 - High Court Power to Determine Issues of Fact and Appealable Orders

Sections 105, 106 & 107 - Other Orders, Courts Hearing Appeals and Powers of Appellate Court

Section 108 - Procedure in Appeals from Appellate Decrees and Orders

Sections 109-115: Supreme Court Appeals, Reference, Review and Revision

Sections 109 & 112 - Appeals to the Supreme Court and Savings

Sections 110, 111 & 111A - Omitted

These provisions are shown as omitted in the current Central CPC text.

Sections 113 & 114 - Reference to High Court and Review

Section 115 - Revision

The Central CPC contains Section 115 on revisional jurisdiction. State amendments, where applicable, should be checked separately.

Sections 116-120: Special Provisions Relating to High Courts

Sections 116, 117 & 118 - Application to Certain High Courts, Application of the Code and Execution Before Ascertainment of Costs

Sections 119 & 120 - Unauthorized Persons Not to Address Court and Provisions Inapplicable to High Court Original Civil Jurisdiction

Note on State amendments: the CPC is subject to amendments and procedural modifications applicable in particular States and High Courts. For a case-specific question, the relevant State amendment and High Court rules should also be checked.