Skip to content

CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Mahalaxmi Traders sues Sunrise Logistics in a civil court for a fixed sum due on a written contract, with interest. The High Court wants a summary procedure for such suits. Under the Code of Civil Procedure, 1908, who makes rules providing for summary procedure in suits to recover a debt or liquidated demand arising on a contract?

Rules under Section 128 may provide summary procedure for suits to recover a debt or liquidated money demand arising on a contract. Such rules must not be inconsistent with the body of the Code, so neither the plaintiff nor the Centre sets them.

  1. ARules made under Section 128 may provide for it, being consistent with the Code's bodyCorrect
  2. BOnly the Supreme Court by a special order
  3. COnly the Central Government by notification
  4. DThe plaintiff, by choosing the procedure in the plaint

Explanation

Section 128(2)(f)(i) lists summary procedure in suits for a debt or liquidated demand arising on a contract among matters on which rules may provide, provided the rules are not inconsistent with the Code's body under Section 128(1). Choosing procedure in the plaint is not a rule-making power.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions