CPC 1908 § 128 — Matters for which rules may provide

Statutory text (English)

(1) Such rules shall be not inconsistent with the
provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the
procedure of Civil Courts.

(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 attachment, of live-stock and other
moveable 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; or
on 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; or
on a guarantee, where the claim against the principle is in respect of a
debt or a liquidated demand only; or
on a trust; or
(ii) in suits for the recovery of immoveable 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.
1[
(3) The High Court shall make rules, not inconsistent with the provisions of this Code, for
case management and scheduling conferences binding the parties to follow the schedules and timelines
prescribed therein.]

Source and verification

Source citation: CPC (Act V of 1908) s.128: Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (Act No. V of 1908; portal status 'Under Review'; reflects amendments through the CPC (Amendment) Act, 2023 incl. inserted s.159), p. 51, 52, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 51, 52) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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