Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 128] [Entire Act]

Union of India - Subsection

Section 128(2) in The Code of Civil Procedure, 1908

(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 the 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; oron 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; oron a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only ; oron 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.