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Code of Civil Procedure Section
124. Committee to report to
High Court.—Every Rule Committee shall make a report to the High Court
established at the town at which it is constituted 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 High Court shall take such report into
consideration.
Code of Civil Procedure Section
Code of Civil Procedure Section
123. Constitution of Rules
Committees in certain States.—(1) A Committee, to be
called the Rule Committee, shall be constituted at 1[the town which
is the usual place of sitting of each of the High Courts 2***
referred to in section 122].
(2) Each such Committee
shall consist of the following persons, namely:—
(a) three Judges of the High
Court established at the town at which such Committee is constituted, one of
whom at least has served as a District Judge or 3*** a Divisional
Judge for three years,
4[(b)
two legal practitioners enrolled in that Court,]
5[(c)
a Judge of a Civil Court subordinate to the High Court, 6***
7* *
* * *
(3) The members of each
Committee shall be appointed by the 8[High Court], which shall also nominate
one of their number to be President:
9* *
* * *
(4) Each member of any such
Committee shall hold office for such period as may be prescribed by the 8[High
Court] in this behalf; and whenever any member retires, resigns, dies or ceases
reside in the State in which the Committee was constituted, or becomes
incapable of acting as a member of the Committee, the said 8[High Court]
may appoint another person to be a member in his stead.
(5) There shall be a
secretary to each such Committee, who shall be appointed by the 8[High
Court] and shall receive such remuneration as may be provided in this behalf 10[by
the State Government].
Note: 1. Subs. by Act 13 of
1916, s. 2 and Sch., for “each of the towns of Calcutta, Madras, Bombay,
Allahabad, Lahore and Rangoon”.
2. The words “and of the
Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule These
words were again ins. by Act 32 of 1925, and subsequently omitted by the A.O.
1948.
3. The brackets and words
“(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule.
4. Subs. by Act 2 of 1951,
s. 16, for clauses (b) and (c).
5. Clause (d) re-lettered as
clause (c) by s. 16, ibid.
6. The word “and” omitted by
Act 38 of 1978, s. 3 and the Second Schedule.
7. Clause (d) omitted by s.
3 and the Second Schedule, ibid.
8. Subs. by Act 104 of 1976,
s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
9. Proviso omitted by s. 44,
ibid. (w.e.f. 1-2-1977).
10. Subs. by the A.O. 1937,
for “by the G.G. in C. or by the L.G., as the case may be”.
Code of Civil Procedure Section
Code of Civil Procedure Section
Bare Act:
122. Power of certain High
Courts to make rules.—1[High Courts 2[not
being the Court of a Judicial Commissioner]] 3*** may, from time to
time after previous publication, make rules regulating their own procedure and
the procedure of the Civil Courts subjects to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First
Schedule.
Note: 1. Subs. by the A.O.
1950, for “Courts which arc High Courts for the purposes of the Government of
India Act, 1935”.
2. Subs. by the Adaptation
of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The
words in italics were ins. by Act 2 of 1951, s. 15.
Code of Civil Procedure Section
Section 122 of the Code empowers the High Court to amend the Rules, i.e., the procedure laid down in the Orders and every High Court had amended the procedure from time to time making the amendments in the said Orders.
Code of Civil Procedure Section
PART X
RULES
121. Effect of rules in
First Schedule.—The rules in a 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.
Code of Civil Procedure Section
120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
1* *
* * *
Note: 1. Sub-section (2)
rep. by Act 3 of 1909, s. 127 and the Third Schedule.
Jurisdiction of courts and venue of suits
Jurisdiction means the authority by which a court has to decide matters
that are brought before it for adjudication. The limit of this authority is
imposed by charter, statute or commission. If no such limit is imposed or
defined that the jurisdiction is said to be unlimited.
Limitation of jurisdiction of civil court is basically four kinds:
[1] Jurisdiction over the subject matter- to try certain matters by
certain court is limited by statute (Ex. Small cause court- suit for money due
under promissory note or a suit for price of work done)
[2] Place of suing or territorial jurisdiction – A territorial limit of
jurisdiction for each court is fixed by Government.
[3] Jurisdiction over persons – All person of whatever nationality are
subject to the jurisdiction of the country except foreign state.
[4] Pecuniary jurisdiction depending on pecuniary value of suit –There is
no pecuniary jurisdiction of high court and district court.
Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate
jurisdiction
Criminal and appellate jurisdiction- Supreme Court, High Courts and
District courts have both original and appellate jurisdiction in various
matter.
Code of Civil Procedure Section
119. Unauthorised persons
not to address Court.—Nothing in this Code shall be deemed to authorise
any person on behalf of another to address the Court in the exercise of its original
civil jurisdiction, or to examine witnesses, except where the Court shall have
in the exercise of the power conferred by its charter authorized him so to do,
or to interfere with the power of the High Court to make rules concerning
advocates, vakils and attorneys.
Code of Civil Procedure Section
Code of Civil Procedure Section
118. Execution of decree
before ascertainment of costs.—Where any such High Court
considers it necessary that a decree passed in the exercise of its original
civil jurisdiction should be executed before the amount of the costs incurred
in the suit can be ascertained by taxation, the Court may order that the decree
shall be executed forthwith, except as to so much thereof as relates to the
costs; and, as to so much thereof as relates to the costs, that the decree may
be executed as soon as the amount of the costs shall be ascertained by
taxation.
Code of Civil Procedure Section
