Section 125 of The Code of Civil Procedure, 1908
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.
Summary
- High Courts not mentioned in section 122 have the power to make their own rules.
- These courts must follow the specific methods and conditions set by their State Government.
- A High Court can also choose to adopt rules already created by a different High Court.
- Before adopting rules from another court, the High Court must first release a public notice.
- These adopted rules only apply within the local area that the specific High Court oversees.
Practical examples
FAQ
1. Who decides how a High Court under Section 125 of The Code of Civil Procedure, 1908 makes rules?
The State Government determines the manner and conditions for rule making under Section 125 of the Code.
2. Can a High Court use rules from another state under The Code of Civil Procedure, 1908?
Yes, Section 125 allows a High Court to extend rules made by another High Court to its own jurisdiction.
3. Is a public notice required before a High Court adopts external rules under The Code of Civil Procedure, 1908?
Yes, Section 125 states that previous publication is necessary before making such a rule.
Test yourself
1.Under Section 125 of The Code of Civil Procedure, 1908, who has the authority to determine the conditions for rule-making?
2.What is required before a High Court can extend rules from another court under Section 125 of The Code of Civil Procedure, 1908?
3.Which courts are covered by the powers described in Section 125 of The Code of Civil Procedure, 1908?
4.Under Section 125 of The Code of Civil Procedure, 1908, where must the rules be extended to?