Description

Section 128 of the Code of Civil Procedure (CPC) outlines the specific matters or areas in which the High Courts have the authority to make rules concerning the practice and procedure of civil courts. These rules, once made and approved by the State Government, regulate the functioning of civil courts and provide detailed procedures for civil cases.

Key Provisions of Section 128:

1. Scope of Rule-Making:

   • Section 128 provides a non-exhaustive list of matters for which rules may be created by the High Court under Section 125.
   • The High Court has the power to make rules for regulating the practice and procedure of civil courts in the jurisdiction.

2. Matters for Which Rules May Be Made:

   • The rules made by the High Court may cover a wide range of procedural issues related to civil litigation, including, but not limited to, the following areas:
     1. Mode of Service: Rules may govern how notices, summons, or other legal documents are to be served to the parties involved in a case.
     2. Filing and Pleading Procedures: The rules can specify how and where documents like plaints, written statements, applications, etc., are to be filed and processed.
     3. Affidavits and Verification: Rules regarding the filing, form, and verification of affidavits, as well as the procedures for sworn statements in court.
     4. Court Fees: The rules may deal with matters related to payment of court fees, the structure of fees for filing various documents, and other related charges.
     5. Timelines and Deadlines: The rules may specify the timing of various steps in the litigation process, such as time limits for filing appeals, objections, or for the submission of documents.
     6. Conduct of Proceedings: The High Court may prescribe rules regarding the order and manner in which hearings are conducted, including the role of judges, advocates, and other participants in the case.
     7. Inspection of Documents: Rules may provide for the inspection and copying of records, documents, and exhibits filed in the court.
     8. Security for Costs: The rules may regulate the requirement for security deposits or costs for initiating a lawsuit, especially in cases involving a foreign party or alien.
     9. Execution of Decrees: They may provide for the process to be followed for executing decrees, including steps for attachment of property or recovery of money.
     10. Miscellaneous Procedural Aspects: The High Court can also frame rules dealing with other miscellaneous aspects of civil litigation, such as interlocutory applications, appeals, revision petitions, and stay orders.

3. Flexibility in Rule-Making:

   • This section grants flexibility to the High Courts, allowing them to adapt the rules to local requirements or challenges.
   • Rules can be created in response to changing circumstances in the judicial process, such as new legal practices, technological advancements (e.g., electronic filing), or changes in the volume of cases.

4. Rules Must Be Consistent with CPC:

   • While the High Court has broad powers to make rules under Section 128, those rules must still be consistent with the overarching provisions of the CPC.
   • The High Court cannot make rules that contradict or override the substantive law set out in the CPC, and any such rules would be subject to judicial review.

Punishment

Section 128 does not explicitly mention punishments or penalties for non-compliance with the rules. However, the failure to make proper rules or adhere to them can have practical consequences:

1. Uncertainty in Civil Proceedings:

   • If the High Court does not frame rules for key procedural matters, it could result in confusion and lack of uniformity in civil cases, as parties may not know what steps to follow or how to proceed with litigation.

2. Delay in Litigation:

   • Without clear rules on timelines, filings, and hearings, civil proceedings may face delays, leading to a backlog of cases and inefficiency in the judicial process.

3. Non-compliance with Court Procedures:

   • Failure to comply with the procedural rules laid out by the High Court can result in dismissal of cases, rejection of filings, or delays in obtaining judgments.