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Section 128 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

128. Matters for which rules may provide.

(1) 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.

 

(2) 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 :-

 

(a) 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;

 

(b) 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;

 

(c) procedure in suits by way of counterclaim and the valuation of such suits for the purposes of jurisdiction;

 

(d) procedure in garnishee and charging order either in addition to, or in substitution for, the attachment and sale of debts;

 

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

 

(f) summary procedure-

 

(i) 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

 

(ii) 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 nonpayment of rent, or against persons claiming under such tenant;

 

(g) procedure by way of originating summons;

 

(h) consolidation of suits, appeals and other proceedings;

 

(i) delegation to any Registrar, Prothonotary or Master or other official of

the Court of any judicial, quasi-judicial and non-judicial duties; and

 

(j) 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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Civil Procedure Code 1908

 

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