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The Code of Civil Procedure, 1908: page 79

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 79, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (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 forefeiture 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
                                                                                             e
    transaction of the business of Civil Courts.
                                                                                     od
     129. Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding
                                                                             aC
anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such
rules not inconsistent with the Letters Patent 2[or order] 3[or other law] establishing it to regulate its own
procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained
                                                                       di
shall affect the validity of any such rules in force at the commencement of this Code.
     4                                                           In
       [130. Powers of other High Courts to make rules as to matters other than procedure.—A High
Court 5[not being a High Court to which section 129 applies] may, with the previous approval of the State
Government, make with respect to any matter other than procedure any rule which a High Court 6[for a
7
  *** State] might under 8[article 227 of the Constitution] make with respect to any such matter for any
part of the territories under its jurisdiction which is not included within the limits of a presidency town.]
     131. Publication of rules.—Rules made in accordance with section 129 or section 130 shall be
published in the 9[Official Gazette] and shall from the date of publication or from such other date as may
be specified have the force of law.
                                                    PART XI
                                                 MISCELLANEOUS
     132. Exemption of certain women from personal appearance.—(1) Women who, according to the
customs and manners of the country, ought not to be compelled to appear in public shall be exempt from
personal appearance in Court.
     (2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil
process in any case in which the arrest of women is not prohibited by this Code.
     133. Exemption of other persons.—10[(1) The following persons shall be entitled to exemption from
personal appearance in Court, namely:—
          (i) the President of India;

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”.
2. Ins. by the A.O. 1950.
3. Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951).
4. Subs. by the A.O. 1937, for section 130.
5. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”.
6. Subs., ibid., for “so constituted”.
7. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956.
8. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”.
9. Subs. by the A.O.1937, for “Gazette of India or in the Local Official Gazette, as the case may be”. Strictly the substitution would read “Official
   Gazette or in the Official Gazette, as the case may be,” but the latter words have been omitted as being redundant.
10. Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957).



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