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Section 129 of The Code of Civil Procedure, 1908

Power of High Courts to make rules as to their original Civil procedure.

Notwithstanding anything in this Code, any High Court 1 [not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2 [or order] 3 [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.

Summary

High Courts have the power to make special rules for cases where they act as the very first court to hear a trial.
These rules can be different from the standard rules in the Code of Civil Procedure.
These rules must stay consistent with the "Letters Patent" or the specific law that created that High Court.
Any existing rules of this type that were already in place when the Code started remain valid.
This power does not apply to a Court of a Judicial Commissioner.

Practical examples

1The High Court of Delhi uses its own special method for recording evidence in major civil trials that it hears directly, even if the general Code says to do it differently.

2An old rule about how to verify signatures, created in 1890 by a High Court, is still used today because it doesn't contradict the court's founding charter.

FAQ

1. Can a High Court make rules that contradict the Code under Section 129 of The Code of Civil Procedure, 1908?

Yes, Section 129 says "notwithstanding anything in this Code," provided the rules match the court's establishing law.

2. Does Section 129 of The Code of Civil Procedure, 1908 apply to all High Courts?

It applies to High Courts, but specifically excludes the Court of a Judicial Commissioner.

3. What must Section 129 rules be consistent with in The Code of Civil Procedure, 1908?

They must be consistent with the Letters Patent or other law establishing the High Court.

Test yourself

1.Under Section 129 of The Code of Civil Procedure, 1908, High Courts can make rules for which type of jurisdiction?

2.What does Section 129 of The Code of Civil Procedure, 1908 say about rules that were in force before the Code began?

3.Section 129 rules must NOT be inconsistent with which of the following?

4.Which authority is specifically EXCLUDED from the rule-making power in Section 129 of The Code of Civil Procedure, 1908?

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