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

Section 120: Provisions not applicable to High Court in original civil jurisdiction

Code of Civil Procedure 

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.

Code of Civil Procedure 

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.

Unauthorised persons not to address Court

 

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

Execution of decree before ascertainment of costs

 

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

Application of Code to High Courts

 

Code of Civil Procedure Section

 

117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.

 

Code of Civil Procedure Section

Part to apply only to certain High Courts

 

Code of Civil Procedure Section

 

PART IX

SPECIAL PROVISIONS RELATING TO THE ¹[HIGH COURTS 7[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ]

116. Part to apply only to certain High Courts.—This Part applies only to High Courts ²[not being the court of a Judicial Commissioner].

Note: 1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.

 

Code of Civil Procedure Section