Section 122 of The Code of Civil Procedure, 1908
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.
Summary
- Most High Courts have the authority to create new rules to manage their own court procedures.
- These courts can also make rules for any civil courts they supervise.
- They have the power to cancel, change, or add to any rules currently found in the First Schedule.
- High Courts must publish these proposed rules before they can be officially adopted.
- This power does not apply to the Court of a Judicial Commissioner.
Practical examples
FAQ
1. Can a High Court change the First Schedule rules under The Code of Civil Procedure, 1908?
Yes, Section 122 of The Code of Civil Procedure, 1908 allows High Courts to annul, alter, or add to the rules in the First Schedule.
2. Must High Courts publish rules before they become law under Section 122 of The Code of Civil Procedure, 1908?
Yes, Section 122 of The Code of Civil Procedure, 1908 requires previous publication of any rules they make.
3. Does Section 122 of The Code of Civil Procedure, 1908 apply to all High Courts?
It applies to High Courts other than the Court of a Judicial Commissioner.
Test yourself
1.Under Section 122 of The Code of Civil Procedure, 1908, what can a High Court do to First Schedule rules?
2.What is required before a High Court rule takes effect under Section 122 of The Code of Civil Procedure, 1908?
3.Under Section 122 of The Code of Civil Procedure, 1908, which court's procedure can a High Court regulate?
4.Which authority is excluded from the rule-making power in Section 122 of The Code of Civil Procedure, 1908?