RULESCentral

Section 130 of The Code of Civil Procedure, 1908

Power of other High Courts to make rules as to matters other than procedure.

1[A High Court 2[not being a High Court to which section 129 applies] may, with the previous approval of the State Government, make with respect to any matter other than procedure any rule which a High Court 3[for a 4*** State] might under 5[article 227 of the Constitution] make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town.]

Summary

Certain High Courts have the power to make rules for matters that are not related to procedure.
This authority applies to High Courts that are not already covered by the specific provisions of Section 129.
These rules can only be made for territories that fall outside the limits of a presidency town.
Any rule created under this power must receive the previous approval of the State Government.
The scope of these rules is limited to what a High Court could normally do under Article 227 of the Constitution.

Practical examples

1The High Court of a newly formed state, which was not established by historical Letters Patent, wants to create a rule regarding the management of court libraries. Since this is not a matter of court procedure, the High Court uses Section 130 of the Code of Civil Procedure, 1908, to draft the rule and sends it to the State Government for approval.

2A High Court in a non-presidency area decides to set rules for how court-appointed caretakers should report their daily activities. Because Section 129 does not apply to this specific High Court, it relies on Section 130 of the Civil Procedure Code to formalize these administrative guidelines after obtaining government consent.

FAQ

1. What authority is needed for rules made under Section 130 of the Code of Civil Procedure, 1908?

According to Section 130 of the Code of Civil Procedure, 1908, the High Court must obtain the previous approval of the State Government before making such rules.

2. To which areas does Section 130 of the Code of Civil Procedure, 1908, apply?

Section 130 of the Code of Civil Procedure, 1908, applies to any part of the territories under the High Court's jurisdiction that is not included within the limits of a presidency town.

3. Can a High Court make rules about non-procedural matters under Section 130 of the Code of Civil Procedure, 1908?

Yes, Section 130 of the Code of Civil Procedure, 1908, specifically allows certain High Courts to make rules with respect to any matter other than procedure.

Test yourself

1.Under Section 130 of the Code of Civil Procedure, 1908, whose approval is mandatory before a High Court makes a rule regarding non-procedural matters?

2.Which constitutional provision limits the type of rules a High Court can make under Section 130 of the Code of Civil Procedure, 1908?

3.Under Section 130 of the Code of Civil Procedure, 1908, where is the High Court prohibited from applying these specific non-procedural rules?

4.To which High Courts does Section 130 of the Code of Civil Procedure, 1908, apply?

129PreviousSection 129 Power of High Courts to make rules as to their original Civil procedure.131NextSection 131 Publication of rules.

←Section 129 Section 131→