Section 123 of The Code of Civil Procedure, 1908
Constitution of Rule 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]. STATE AMENDMENTS Assam.-- For clause (a) of sub-section (2) of section 123 the following shall be substituted-- "(a) three Judges of the High Court established at the town at which such Committee is constituted, provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three." [Vide Assam Act 8 of 1953, sec. 2.] Tamil Nadu Amendment of section 123, Central Act V of 1908.--In section (2) of section 123 of the Code of Civil Procedure, 1908 ( Central Act V of 1908),--
- (a)in clause (b), for the words "two legal practitioners", the words "three legal practitioners" shall be substituted.
- (b)in clause (d), the word "Madras" shall be omitted. [Vide Tamil Nadu Act 15 of 1970, s. 2]
Summary
- A group known as the Rule Committee must be set up in the main city where each High Court usually meets.
- The standard committee consists of six members, including three High Court Judges.
- It also includes two legal practitioners, such as lawyers or advocates, and one Judge from a lower court.
- The High Court is responsible for appointing a secretary to handle the committee's work.
- The State Government determines the payment or salary for the committee's secretary.
- Some states have modified the number of members, such as Tamil Nadu which includes three legal practitioners.
Practical examples
FAQ
1. Who makes up a Rule Committee under Section 123 of The Code of Civil Procedure, 1908?
Under Section 123 of The Code of Civil Procedure, 1908, it includes three High Court Judges, two practitioners, and one subordinate court judge.
2. Where must a Rule Committee be established according to Section 123 of The Code of Civil Procedure, 1908?
Section 123 of The Code of Civil Procedure, 1908 says it must be established at the town which is the usual place of sitting of the High Court.
3. Who appoints the secretary for the Rule Committee under Section 123 of The Code of Civil Procedure, 1908?
The secretary is appointed by the High Court under Section 123 of The Code of Civil Procedure, 1908.
Test yourself
1.Under Section 123 of The Code of Civil Procedure, 1908, how many legal practitioners are usually on the committee?
2.According to Section 123 of The Code of Civil Procedure, 1908, the secretary of the Rule Committee receives remuneration from:
3.Under Section 123 of The Code of Civil Procedure, 1908, who appoints the committee's secretary?
4.In Tamil Nadu, under the state amendment to Section 123 of the 1908 Code, how many legal practitioners are in the committee?