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Report No. 54

Chapter 1N



1N.1. Part 10, sections 121 to 131 in the body of the Code, deals with rules. Section 122 empowers the High Courts to make rules regulating the procedure of civil courts subject to their superintendence, as well as rules regulating their own procedure. These rules must not be inconsistent with the body of the Code.1 But they can amend or add to rules in the First Schedule to the Code.

Under section 129, rules can also be made by High Courts other than Courts of Judicial Commissioners, to regulate their original civil procedure. These rules can be inconsistent with the Code, but not with the Letters Patent or similar law or order establishing the particular High Court. The two sections-sections 122 and 129-overlap to some extent, that is to say, so far as the original civil procedure of High Courts is concerned.2 However, that does not cause any practical problems. The rest of the sections in this Part deal with the Rule-Committee and other matters of detail.

1. See Shevaram v. Indian Oil Corporation, AIR 1969 Born 117 (118), para. 3.

2. See Shevaram v. Indian Oil Corporation, AIR 1969 Born 117 (119), para. 4.

Section 123(3) and (4)

1N.2. Under sections 123(3) and 123(4), members of the Rules Committee are appointed by the Chief Justice. In our view, members of the Rules Committee should be appointed by the High Court,1 and not by the Chief Justice. This, we believe, would be in accordance with the sentiments of an overwhelming majority of High Court Judges.

1. Cf. Article 227(2) of the Constitution.


1N.3. Accordingly, we recommend that in sections 123(3) and 123(4), for the words "Chief Justice", the words "High Court" should be substituted.

The Code of Civil Procedure, 1908 Back

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