Part XI – Miscellaneous (Section 132-158)

Section 132: Exemption of certain women from personal appearance.—

(1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.

(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.


Section 133: Exemption of other persons.—

(1) The following persons shall be entitled to exemption from personal appearance in Court, namely:—

(i) the President of India;

(ii) the Vice-President of India;

(iii) the Speaker of the House of the People;

(iv) the Ministers of the Union;

(v) the Judges of the Supreme Court;

(vi) the Governors of States and the Administrators of Union Territories;

(vii) the Speakers of the State Legislative Assemblies;

(viii) the Chairmen of the State Legislative Councils;

(ix) the Ministers of States;

(x) the Judges of the High Courts; and

(xi) the persons to whom Section 87-B applies.

(3) Where any person claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.


Section 134: Arrest other than in execution of decree.—

The provisions of Sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.


Section 135: Exemption from arrest under civil process.—

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.


Section 135-A: Exemption of members of legislative bodies from arrest and detention under civil process.—

(1) No person shall be liable to arrest or detention in prison under civil process—

(a) if he is a member of—

(i) either House of Parliament, or

(ii) the Legislative Assembly or Legislative Council of a State, or

(iii) a Legislative Assembly of a Union Territory,

during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;

(b) if he is a member of any committee of—

(i) either House of Parliament, or

(ii) the Legislative Assembly of a State or Union Territory, or

(iii) the Legislative Council of a State,

during the continuance of any meeting of such committee;

(c) if he is a member of—

(i) either House of Parliament, or

(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,

during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be;

and during the forty days before and after such meeting, sitting or conference.

(2) A person released from detention under sub-section (1) shall, subject to the provisions of the said sub-section, be liable to rearrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).


Section 136: Procedure where person to be arrested or property to be attached is outside district.—

(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.

(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.

 

(3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before the latter Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.

(4) Where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal or at Madras or at Bombay, the copy of the warrant of arrest or of the order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small Causes of Calcutta, Madras or Bombay, as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.


Section 137: Language of subordinate courts.—

(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate court until the State Government otherwise directs.

(2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.

(3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.


Section 138: Power of High Court to require evidence to be recorded in English.—

(1) The High Court may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed.

(2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open court.


Section 139: Oath on affidavit by whom to be administered.—

In the case of any affidavit under this Code—

(a) any Court or Magistrate, or

(aa)  any notary appointed under the Notaries Act, 1952 (53 of 1952); or

(b) any officer or other person whom a High Court may appoint in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent.


Section 140: Assessors in causes of salvage, etc..—

(1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly.

(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.


Section 141: Miscellaneous proceedings.—

The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction.

Explanation.—In this section, the expression “proceedings” includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.


Section 142: Orders and notices to be in writing.—

All orders and notices served on or given to any person under the provisions of this Code shall be in writing.


Section 143: Postage.—

Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:

Provided that the State Government may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be levied in lieu thereof.


Section 144: Application for restitution.—

(1) Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and, for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation, reversal, setting aside or modification of the decree or order.

Explanation.—For the purposes of sub-section (1), the expression “Court which passed the decree or order” shall be deemed to include,—

(a) where the decree or order has been varied or reversed in exercise of appellate or revisional jurisdiction, the Court of first instance;

(b) where the decree or order has been set aside by a separate suit, the Court of first instance which passed such decree or order;

(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.

(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).


Section 145: Enforcement of liability of surety.—

Where any person has furnished security or given a guarantee—

(a) for the performance of any decree or any part thereof, or

(b) for the restitution of any property taken in execution of a decree, or

(c) for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceeding consequent thereon,

the decree or order may be executed in the manner herein provided for the execution of decrees, namely:—

(i) if he has rendered himself personally liable, against him to that extent;

(ii) if he has furnished any property as security, by sale of such property to the extent of the security;

(iii) if the case falls both under clauses (i) and (ii), then to the extent specified in those clauses,

and such person shall be deemed to be a party within the meaning of Section 47:

Provided that such notice as the Court in each case thinks sufficient has been given to the surety.


Section 146: Proceedings by or against representatives.—

Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him.


Section 147: Consent or agreement by persons under disability.—

In all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if such person, were under no disability and had given such consent or made such agreement.


Section 148: Enlargement of time.—

Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period not exceeding thirty days in total, even though the period originally fixed or granted may have expired.


Section 148-A: Right to lodge a caveat.—

(1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgment due, on the person by whom the application has been, or is expected to be, made, under sub-section (1).

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.

(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.


Section 149: Power to make up deficiency of court-fees.—

Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as is such fee had been paid in the first instance.


Section 150: Transfer of business.—

Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.


Section 151: Saving of inherent powers of Court.—

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.


Section 152: Amendment of judgments, decrees or orders.—

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.


Section 153: General power to amend.—

The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.


Section 153-A: Power to amend decree or order where appeal is summarily dismissed.—

Where an Appellate Court dismisses an appeal under Rule 11 of Order XLI, the power of the Court to amend, under Section 152, the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first


Section 153-B: Place of trial to be deemed to be open court.—

The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open court, to which the public generally may have access so far as the same can conveniently contain them:

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.


Section 154: Saving of present right of appeal [REPEALED]


Section 155: Amendment of certain Acts [REPEALED]


Section 156: Repeals [REPEALED]


Section 157: Continuance of orders under repealed enactments.—

Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.


Section 158: Reference to Code of Civil Procedure and other repealed enactments.—

In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Chapter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.


IMPORTANT CASE LAWS

1. Right granted under Section 132

Rahuria Ramkali Kuer v. Chhathoo Singh, AIR 1961 Pat 210: “On reading Sec. 132(1), along with. R. 1, of O. 26, therefore, it is manifest that a woman, who according to the customs and manners of the class or section or community to which she belongs ought not to be compelled to appear in public, can feel examined on commission. This is a right which a court, ordinarily cannot refuse.”


2. Criticism of Section 133

Panchkari Mitra v. Panchanan Saha, AIR 1924 Cal 971: “….it seems to me to be very important not to relax the rules laid down in the Code or to encourage the notion that parties to a suit can win their cause without going into the witness box to support it when they are able to do so. Such laxity of procedure has this further disadvantage that the Court is deprived of the invaluable assistance afforded to it by seeing the party as a witness under examination and cross-examination….Generally the rule should be impartially enforced that any person of whatever rank or position or holiness who seeks the court’s assistance to protect his rights must be subject to the rules of the court as unreservedly as the humblest of litigants…..”


3. Principles guiding the discretion under Section 135

Kedarnath Shersingdas v. Nomanbhai Koorban Hoosein, AIR 1931 Bom 175: “Each case must necessarily be decided on its own facts and circumstances, but there are certain principles which can be deduced from the cases which I have discussed above. In order to obtain exemption under section 135 of the Civil Procedure Code the party must first satisfy the Court, ordinarily by statements made on affidavit, that his attendance in the Court or tribunal is bona fide in relation to the matter pending before that Court or tribunal; secondly, that the Court or tribunal which he attends has jurisdiction in the matter pending before it, or the party believes in good faith that it has such jurisdiction; and thirdly, that he should be exempt from arrest during such period as is reasonably required in going to the tribunal from his ordinary place of residence, in attending that tribunal, and in returning from it to the ordinary place of residence whence he came. Such place of residence may be within the jurisdiction of the Court before which the matter is pending, or outside the jurisdiction. What period is reasonable is a question of fact to be determined by the Court in each case, and no hard and fast rule can be laid down as to the extent or duration of the privilege. Further, the exemption is forfeited if in going to or in returning from the Court there is an unnecessary or excessive deviation sufficient in the opinion of the Court to forfeit the privilege. No party or witness can claim to return to his ordinary place of residence by any route he likes.”


3. Purpose sought to be achieved by Section 136

Kerala State Financial Enterprises Ltd. v. Official Liquidator, (2006) 10 SCC 709:

10. The expression “attachment” has no definite connotation. An order of attachment is passed for achieving a limited purpose. It is subject to further orders as also the provisions of other statute.

11. The word “attachment” would only mean “taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it”. It is used for two purposes: (i) to compel the appearance of a defendant; and (ii) to seize and hold his property for the payment of the debt. It may also mean prohibition of transfer, conversion, disposition or movement of property by an order issued by the court.”


5. Scope of this Code

Thresia v. Xavier, AIR 1977 Ker 118: “……Provisions in the Code of Civil Procedure contain both substantive and procedural rights and what is made applicable to proceedings other than suits by Section 141 of the CPC is only those provisions which deal with matters of procedure and even in respect of those matters only those which could be made applicable.”


6. Concept behind Restitution Clause in the Code

Jai Barham v. Kedar Nath Marwari, AIR 1922 PC 269: “……It is inherent in the general jurisdiction of the Court to act rightly and fairly, according to the circumstances, towards all parties involved……One of the first and highest duties of all Courts is to take care that the act of the Court does no injury to any of the suitors and when the expression ‘the act of the Court,’ is used, it does not mean merely the act of the primary Court, or of any intermediate Court of Appeal, but the act of the Court as a whole from the lowest Court which entertains jurisdiction over the matter up to the highest Court which finally disposes of the case.”


7. Caveat

Reserve Bank of India v. Reserve Bank of India, AIR 1981 AP 246 : “…..Under Sub-section (3) of Section 148-A where a caveat had been lodged, it becomes the duty of the Court to serve a notice of that petition on the caveators. Although the words ‘notice of application’ are not defined in the Civil Procedure Code, these word have a settled meaning under the regime of the Civil Procedure Code established through the Civil Rules of Practice. Under the Civil Rules of Practice a notice of interlocutory application is required to be given to the other party to the suit or other matter, not less than three days before the day appointed for the hearing of the application. That is always taken to include the date of hearing. In any case, in the context of Sub section (3) of Section 148A the words “notice of application” cannot mean anything, if they do not refer to the exact date of hearing, It must, therefore, be taken that it is the duty of the Court under Section 148-A to give sufficiently reasonable and definite time to the caveators to appear and also to oppose the interlocutory application intended to be moved by the plaintiff’s-applicants and the Court should give a specified date for hearing of the interlocutory application. This duty of the Court is clearly different and distinct from the duty of the parties described in sub-sections (2) and (4) of that Section. The duty of the Court under Sub-section (3) is in addition to the other parts assigned to the other parties in the drama of litigation. The furnishing of copies of documents by the plaintiffs to the caveators on 27-10-1980 and informing them of the date of their moving their interlocutory application cannot, therefore, be taken as acts constituting compliance with the specific duty assigned to the Court under Sub-section (3) of Section 148-A The duty of the applicants under Sub Section (4) of Section 148-A is different and distinct from the duly of the Court under Sub-section (3)…..”


8. Objective of Section 151

Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527: “The Code of Civil Procedure is undoubtedly not exhaustive: it does not lay down rules for guidance in respect of all situations nor does it seek to provide rules for decision of all conceivable cases which may arise. The civil courts are authorised to pass such orders as may be necessary for the ends of justice or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible………Inherent jurisdiction of the court to make orders  ‘ex debito justitiae’ is undoubtedly affirmed by Section 151 of the Code, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive.”


9. How will Section 152 be exercised

Bijay Kumar Saraogi v. State of Jharkhand, (2005) 7 SCC 748: “…….a mere perusal of Section 152 makes it clear that Section 152 CPC can be invoked for the limited purpose of correcting clerical errors or arithmetical mistakes in the judgment. The section cannot be invoked for claiming a substantive relief which was not granted under the decree, or as a pretext to get the order which has attained finality reviewed…..”


10. Furthering the objective of Section 153-B in consonance with Article 21 and 19(1)(a)

Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639 :

2. Indeed, the right of access to justice flowing from Article 21 of the Constitution or be it the concept of justice at the doorstep, would be meaningful only if the public gets access to the proceedings as it would unfold before the courts and in particular, opportunity to witness live proceedings in respect of matters having an impact on the public at large or on a section of people. This would educate them about the issues which come up for consideration before the Court on real time basis.

3. As no person can be heard to plead ignorance of law, there is corresponding obligation on the State to spread awareness about the law and the developments thereof including the evolution of the law which may happen in the process of adjudication of cases before this Court. The right to know and receive information, it is by now well settled, is a facet of Article 19(1)(a) of the Constitution and for which reason the public is entitled to witness court proceedings involving issues having an impact on the public at large or a section of the public, as the case may be. This right to receive information and be informed is buttressed by the value of dignity of the people. One of the proponents has also highlighted the fact that litigants involved in large number of cases pending before the courts throughout the country will be benefited if access to court proceedings is made possible by way of live streaming of court proceedings. That would increase the productivity of the country, since scores of persons involved in litigation in the courts in India will be able to avoid visiting the courts in person, on regular basis, to witness hearings and instead can attend to their daily work without taking leave.”


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