Section 126 of The Code of Civil Procedure, 1908
Rules to be subject to approval.
1[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.]]
Summary
- Any rules created by the courts must receive official approval before they are valid.
- If the court is located within a state, the State Government must provide the approval.
- If a court is not located within a state, the Central Government is responsible for approving the rules.
- This approval process applies to all rules made under the preceding sections of the rules part.
Practical examples
FAQ
1. Who approves rules for a court inside a state under The Code of Civil Procedure, 1908?
According to Section 126, the Government of that specific State must approve the rules.
2. Who approves rules for courts not in a state under The Code of Civil Procedure, 1908?
Section 126 requires the Central Government to approve rules for courts not situated in any state.
3. Are rules made under Section 125 of The Code of Civil Procedure, 1908 subject to approval?
Yes, Section 126 states that rules made under the "foregoing provisions" are subject to approval.
Test yourself
1.Under Section 126 of The Code of Civil Procedure, 1908, what is a requirement for a rule to be valid?
2.If a High Court makes a rule under Section 125 of The Code of Civil Procedure, 1908, who approves it if the court is in a state?
3.For a court not located in any state, Section 126 of The Code of Civil Procedure, 1908 requires approval from which authority?
4.Does the approval under Section 126 of The Code of Civil Procedure, 1908 happen before or after the rule is published?