Section 128 of CPC : Section 128: Matters for which rules may provide.

Explanation using Example

Example 1:

Scenario: Service of Summonses and Notices

Situation: Ramesh files a civil suit against Suresh for breach of contract. The court needs to serve a summons to Suresh to appear in court.

Application of Section 128(2)(a): The court can use various methods to serve the summons to Suresh, such as sending it by post, delivering it in person, or using electronic means if allowed in the specified area. The court will also need proof that Suresh received the summons, which could be a signed acknowledgment or a delivery receipt.

Outcome: Suresh receives the summons via registered post and signs the acknowledgment, which is then submitted to the court as proof of service.

Example 2:

Scenario: Maintenance and Custody of Attached Property

Situation: Priya wins a civil case against Raj and the court orders the attachment of Raj's livestock and other movable property to recover the judgment amount.

Application of Section 128(2)(b): The court appoints an official to take custody of Raj's livestock and movable property. The official is responsible for maintaining the property and ensuring its well-being. The court also sets a fee for this maintenance. If Raj fails to pay the judgment amount, the court can order the sale of the attached property, and the proceeds from the sale will be used to satisfy the judgment.

Outcome: The livestock is sold at a public auction, and the proceeds are used to pay Priya the amount awarded by the court.

Example 3:

Scenario: Counterclaim Procedure

Situation: Anjali sues Vijay for damages due to a car accident. Vijay believes Anjali is also at fault and wants to file a counterclaim for his damages.

Application of Section 128(2)(c): Vijay files a counterclaim in the same suit, and the court follows the procedure for handling counterclaims. The court also determines the value of Vijay's counterclaim to establish jurisdiction.

Outcome: The court hears both Anjali's claim and Vijay's counterclaim in the same proceeding and makes a judgment based on the evidence presented.

Example 4:

Scenario: Garnishee Orders

Situation: Meera wins a lawsuit against Arjun and is awarded a sum of money. Arjun has a bank account with sufficient funds to satisfy the judgment.

Application of Section 128(2)(d): Meera applies for a garnishee order, directing the bank to pay the judgment amount from Arjun's account to her. The court follows the procedure for issuing garnishee orders, which may include notifying Arjun and the bank.

Outcome: The bank complies with the garnishee order and transfers the specified amount from Arjun's account to Meera.

Example 5:

Scenario: Summary Procedure for Debt Recovery

Situation: A bank files a suit against a borrower, Ravi, to recover an unpaid loan amount.

Application of Section 128(2)(f)(i): The bank seeks to use the summary procedure, as the suit is for recovering a fixed sum of money arising from a loan contract. The court follows the summary procedure, which is quicker and involves fewer formalities than a regular suit.

Outcome: The court expedites the case and issues a judgment in favor of the bank, ordering Ravi to pay the outstanding loan amount.

Example 6:

Scenario: Consolidation of Suits

Situation: Multiple tenants file separate suits against the same landlord for failing to return their security deposits.

Application of Section 128(2)(h): The court decides to consolidate the suits into a single proceeding to save time and resources, as the issues and parties involved are similar.

Outcome: The consolidated suit is heard together, and the court issues a single judgment addressing all the tenants' claims.

Example 7:

Scenario: Delegation of Duties

Situation: The High Court is overwhelmed with a large number of cases and needs to delegate some duties to manage the workload.

Application of Section 128(2)(i): The court delegates certain judicial and non-judicial duties to the Registrar and other court officials, such as handling preliminary hearings and administrative tasks.

Outcome: The delegation helps streamline court operations and allows judges to focus on more complex cases.

Example 8:

Scenario: Forms and Registers

Situation: A civil court needs to maintain accurate records of all cases and proceedings.

Application of Section 128(2)(j): The court adopts standardized forms, registers, and books for recording case details, judgments, and other relevant information. These records are essential for the efficient transaction of court business.

Outcome: The use of standardized forms and registers ensures that all case information is systematically recorded and easily accessible for reference.