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The Code of Civil Procedure, 1908: page 83

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 83, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

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     [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).
    145. Enforcement of liability of surety.—Where any person 2[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,
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                                                                                  e
 [the decree or order may be executed in the manner therein provided for the execution of decrees,
namely:—
                                                                           od
                                                                     aC
          (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;                                                di
                                                         In
          (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.
    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.
    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.
     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,
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  [not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.
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     [148A. 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 6[speed post with


1. Ins. by Act 104 of 1976, s. 48 (w.e.f. 1-2-1977).
2. Subs. by s. 49, ibid., for “has become liable as surety” (w.e.f. 1-2-1977).
3. Subs. by s. 49, ibid., for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).
6. Ins. by Act 37 of 2025, s. 3 and Sch. II, for “registered post, acknowledgement due” (w.e.f. 20-12-25).


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