RULESCentral
Section 128 of The Code of Civil Procedure, 1908
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.
Summary
- Rules must not conflict with the main instructions found in the body of the Code.
- Rules can describe how to deliver summonses and notices, including using the mail.
- They can set standards for caring for livestock or items that have been seized by the court.
- Rules may establish how to handle counterclaims (when a defendant sues the plaintiff back) and how to value those cases.
- They can cover procedures for garnishee orders (collecting money from someone who owes the debtor).
- They can delegate court tasks to officials like the Registrar or a Master.
Practical examples
1A High Court creates a rule stating that if a seized cow needs to be fed while a case is pending, the person who asked for the seizure must pay a daily fee to the court's animal shelter.
2A court introduces a rule allowing a Registrar to sign off on simple administrative orders so the Judge can focus on bigger trials.
FAQ
1. Can rules made under Section 128 of The Code of Civil Procedure, 1908 go against the Code?
No, Section 128 states that rules must not be inconsistent with the provisions in the body of the Code.
2. Does The Code of Civil Procedure, 1908 allow rules for serving summons by post?
Yes, Section 128 specifically says rules may provide for the service of summonses by post.
3. Can a High Court delegate judicial duties under The Code of Civil Procedure, 1908?
Yes, Section 128 allows for the delegation of judicial, quasi-judicial, and non-judicial duties to officials like a Registrar.
Test yourself
1.Under Section 128 of The Code of Civil Procedure, 1908, rules can provide for which of the following regarding livestock under attachment?
2.What is the primary limitation on rules mentioned in Section 128 of The Code of Civil Procedure, 1908?
3.Which of these is a matter for which rules may provide under Section 128 of The Code of Civil Procedure, 1908?
4.Section 128 of The Code of Civil Procedure, 1908 says rules can delegate duties to which official?