Notwithstanding anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2[or order] 3[or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code. 4 [130. Powers of other High Courts to make rules as to matters other than procedure.—A High Court 5[not being a High Court to which section 129 applies] may, with the previous approval of the State Government, make with respect to any matter other than procedure any rule which a High Court 6[for a 7 *** State] might under 8[article 227 of the Constitution] make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town.] 131. Publication of rules.—Rules made in accordance with section 129 or section 130 shall be published in the 9[Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law. PART XI MISCELLANEOUS 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. 133. Exemption of other persons.—10[

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

(1) (w.e.f. 1-1-1957). 76 (iv) the Ministers of the Union;

(3) Where any person 2*** 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. 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. 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.

(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal.

(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. 3 [135A. Exemption of members of legislative bodies from arrest and detention under civil process.—4[

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

(2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957). 2. The words “so exempted” omitted by s. 12, ibid. 3. Ins. by Act 23 of 1925, s. 3. 4. Subs. by Act 104 of 1976, s. 45, for sub-section

(1) (w.e.f. 1-2-1977). 77 (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 re-arrest 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).] 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 of 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 later Court, or unless he furnishes sufficient security for his appearance before the later 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, 1*** 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 2[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. 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 Court requires or allows anything other that 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. STATE AMENDMENT Rajasthan Amendment of section 137, Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in its application to the State of Rajasthan, for sub-section

(3), the following sub-section shall be substituted, namely:- "

(3) Wherever this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the interna- tional form of Indian numerals :

(1) The 4[High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the 1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937. 2. Subs. by the A.O. 1937, for “Bombay or Rangoon”. 3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2. 4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”. 78 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. 139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—

(1) In any admiralty or vice-admiralty cause of salvage to wage 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. 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. 2 [Explanation.— In this section, the expression “proceedings” includes proceedings under Order IX, but does not include any proceedings under article 226 of the Constitution.] 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. 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:

(1) Where and in so far as a decree 4[or an order] is 5[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 4[or order] or 6[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 7[consequential on such variation, reversal, setting aside or modification of the decree or order]. 1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977). 2. Ins. by s. 47, ibid. (w.e.f 1-2-1977). 3. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule I, Pt. I 4. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957). 5. Subs. by Act 104 of 1976. s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977). 6. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977). 7. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977). 79 [Explanation.—For the purposes of sub-section

(1), the expression “Court which passed the 1 decree or order” shall be deemed to include,—

(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]—

(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, 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). 80 acknowledgement 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.] 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 fee is payable, shall have the same force and effect as if such fee had been paid in the first instance. 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. 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. 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. 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. 1 [153A. 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 instance. 153B. 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:

(1) Where there are numerous persons having the same interest in one suit,—

(2) The Court shall, in every case where a permission or direction is given under sub-rule

(1), at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.

(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule

(1), may apply to the Court to be made a party to such suit.

(4) No part of the claim in any such suit shall be abandoned under sub-rule

(1), and no such suit shall be withdrawn under sub-rule

(3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule

(2).

(5) Where any person suing or defending in any such suit does not pr