Home  /  Code of Civil Procedure  /  Section 128

Section 128: Matters for which rules may provide

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 127 All 158 Sections of Code of Civil Procedure Section 129
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Execution Sec 38

Legal Commentary & Landmark Judgments: Section 128

Section 128 delineates the matters for which High Court rules may provide, including service of process, summary procedures, security for costs, and delegation of duties to court registrars.

  • Illustrative Subjects of Rule-Making: Rules may provide for: (a) service of process by post or electronic means, (b) summary procedures in small debt claims, (c) security for costs, (d) taking of evidence on commission, and (e) delegation of non-judicial administrative functions to Registrars.
  • Non-Judicial Delegation: Empowers High Courts to authorize Registrars to issue summons, tax costs, and manage uncontested procedural stages.
  • Modernization of Civil Process: Provides statutory authority for modern e-filing, virtual courts, and digital notices.
Key Landmark Precedents:
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: The Supreme Court highlighted that Section 128 authorizes High Courts to frame comprehensive case management rules to streamline civil litigation.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that procedural rules framed under Section 128 exist to advance justice.
Courtroom Practice & Strategic Litigation Guidance:

Orders passed by the High Court Registrar or Joint Registrar in scrutiny of pleadings derive their authority from Section 128 delegation rules.

Section 127 All 158 Sections of Code of Civil Procedure Section 129