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...

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