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Section 131 of The Code of Civil Procedure, 1908

Publication of rules.

Rules made in accordance with section 129 or section 130 shall be published in the 1[Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law.

Summary

All rules created by High Courts under the specific powers granted in Sections 129 and 130 must be officially published.
The required place for this publication is the Official Gazette.
Once published, these rules carry the same weight as if they were actual law.
The rules take effect either on the date they are published or on a different date specifically mentioned in the publication.

Practical examples

1After the State Government approves a new administrative rule for a High Court under Section 130, the High Court ensures it is printed in the next issue of the Official Gazette. Under Section 131 of the Code of Civil Procedure, 1908, the rule becomes legally binding on everyone in that state starting from that publication date.

2A High Court decides to update its original civil procedure rules using its Section 129 powers. To make these updates valid, the High Court publishes the full text of the changes in the Official Gazette on July 1st, noting that they will come into force on August 1st, as required by Section 131 of the Civil Procedure Code.

FAQ

1. Where must High Court rules be published according to Section 131 of the Code of Civil Procedure, 1908?

Section 131 of the Code of Civil Procedure, 1908, requires that such rules be published in the Official Gazette.

2. When do rules published under Section 131 of the Code of Civil Procedure, 1908, get the force of law?

Under Section 131 of the Code of Civil Procedure, 1908, rules have the force of law from the date of publication or from another date specified in the Gazette.

3. Does Section 131 of the Code of Civil Procedure, 1908, apply to rules made about original civil procedure?

Yes, Section 131 of the Code of Civil Procedure, 1908, explicitly covers rules made in accordance with Section 129, which concerns original civil procedure.

Test yourself

1.Under Section 131 of the Code of Civil Procedure, 1908, what is the legal status of rules once they are published in the Official Gazette?

2.Which sections of the Act contain the rule-making powers that trigger the publication requirement in Section 131 of the Code of Civil Procedure, 1908?

3.If a rule is published under Section 131 of the Code of Civil Procedure, 1908, but no specific start date is mentioned, when does it take effect?

4.According to Section 131 of the Code of Civil Procedure, 1908, what is the mandatory medium for making High Court rules public?

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