Code of Civil Procedure Section
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
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 forfeiture 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.
Code of Civil Procedure Section
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