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The Code of Civil Procedure, 1908

( ACT NO. V OF 1908 )

Effect of rules in First Schedule.
121. The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.
Power of Supreme Court to make rules.
1[122. The Supreme Court may, from time to time after previous publication, make rules regulating the procedure of each Division of the Supreme Court and the procedure of Civil Courts subject to its Superintendence and may by such rules annul, alter or add to all or any of the rules in the First Schedule.]
Constitution of Rule Committees.
123.(1) A Committee, to be called the Rule Committee, shall be constituted 2[for the purpose] referred to in section 122.
 
 
3[(2) Such Committee shall consist of the following persons, namely:-
 
 
(a) three Judges of the Supreme Court, one of whom at least has served as a District Judge for three years;
 
 
(b) two advocates parctising in that Court; and
 
 
(c) a Judge of a Civil Court subordinate to the High Court Division.]
 
 
(3) The members of 4[* * *] such Committee shall be appointed by the Chief Justice, who shall also nominate one of their number to be president:
 
 
Provided that, if the Chief Justice elects to be himself a member of 5[the Committee], the number of other Judges appointed to be members shall be two, and the Chief Justice shall be the President of the Committee.
 
 
(4) Each member of 6[such committee] shall hold office for such period as may be prescribed by the Chief Justice in this behalf; and whenever any member retires, resigns, dies 7[* * *] or becomes incapable of acting as a member of the Committee, the said Chief Justice may appoint another person to be a member in his stead.
 
 
(5) There shall be a Secretary to 8[* * *] such Committee, who shall be appointed by the Chief Justice and shall receive such remuneration as may be provided in this behalf by the Government.
Committee to report to Supreme Court.
124. 9[The] Rule Committee shall make a report to the 10[Supreme Court] 11[* **] on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the [Supreme Court] shall take such report into consideration.
[Omitted]
125. [Omitted by section 3 and 2nd Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).]
Rules to be subject to approval.
12[126. Rules made under the foregoing provisions shall be subject to the previous approval of the President.].
Publication of rules.
127. Rules so made and approved shall be published in the official Gazette, and shall from the date of publication or from such other date as may be specified have the same force and effect 13[* * *] as if they had been contained in the First Schedule.
Matters for which rules may provide.
 
128.(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 movable 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 principal is in respect of a debt or a liquidated demand only; or
 
on a trust; or
 
.
 
(ii) in suits for the recovery of immovable 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.
[Omitted]
129. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]
130. [Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961.]
[Omitted]
131. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

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