Publication of rules

 

Code of Civil Procedure Section

 

127. Publication of rules.—Rules so made and ¹[approved] shall be published in the ²[Official Gazette], and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule.

Note: 1. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”.

2. 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”.

 

Code of Civil Procedure Section

Rules to be subject to approval

 

Code of Civil Procedure Section

 

¹[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of ²[Central Government.]]

Note: 1. Subs., ibid., for section 126.

2. Subs. by the A.O. 1950, for “Governor General”.

 

Code of Civil Procedure Section

Section 125: Power of other High Courts to make rules

Code of Civil Procedure Section 124. Committee to report to High Court.

Bare Act:

125. Power of other High Courts to make rules.—High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions ¹[as ²[the State Government] may determine:]

Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.

Note: 1. Subs. by Act 38 of 1920, s. 2 and the First Schedule Pt. I, for “as the G.G. in C. may determine”.

2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases the L.G.”

Code of Civil Procedure Section 126. Rules to be subject to approval.

Committee to report to High Court

 

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

Constitution of Rules Committees in certain States

 

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

Section 122. Power of certain High Courts to make rules

Code of Civil Procedure Section 121. Effect of rules in First Schedule.

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.

3. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Schedule.

Code of Civil Procedure Section 123. Constitution of Rule Committees in certain States.

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. 

Effect of rules in First Schedule

 

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