CPC 128 — Matters for which rules may provide

Code of Civil Procedure, 1908

Statutory text

(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 summonses, 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  orders  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 a trust; or
(ii) in suits for the recovery of immovable property, with or without a 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 forefeiture for non-payment 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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