Civil Procedure Code, 1908

Chapter 10 Rules

Section 128: Matters for which rules may provide

  • Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.
  • In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely-
    1. the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;
    2. the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property and the proceeds of such sale;
    3. procedure in suits by way of counterclaim and the valuation of such suits for the purposes of jurisdiction;
    4. procedure in garnishee and charging order either in addition to, or in substitution for, the attachment and sale of debts;
    5. procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party tot he suit or not;
    6. summary procedure-
      1. in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising- on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or on trust; or
      2. in suits for the recovery of immovable property, with or without claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant;
    7. procedure by way of originating summons;
    8. consolidation of suits, appeals and other proceedings;
    9. delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and
    10. all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.


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