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The Code of Civil Procedure, 1908: page 77

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 77, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following
provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely,
sections 16, 17 and 20.
     1
      *                            *                          *                            *                             *

                                                           PART X
                                                            RULES

     121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted
in the body of this Code until annulled or altered in accordance with the provisions of this Part.
    122. Power of certain High Courts to make rules.—2[High Courts 3[not being the Court of a
Judicial Commissioner]] 4*** may, from time to time after previous publication, make rules regulating
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First Schedule.
     123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule
Committee, shall be constituted at 5[the town which is the usual place of sitting of each of the High Courts
6
  *** referred to in section 122.]
     (2) Each such Committee shall consist of the following persons, namely:—    e
                                                                          od
        (a) three Judges of the High Court established at the town at which such Committee is constituted,
    one of whom at least has served as a District Judge or 7*** a Divisional Judge for three years,
          8
           [(b) two legal practitioners enrolled in that Court,]
                                                                    aC
          9                                                  di
           [(c) a Judge of a Civil Court subordinate to the High Court, 10***
          11
              *                        *
                                                        In           *                             *                         *
    (3) The members of each Committee shall be appointed by the 12[High Court], which shall also
nominate one of their number to be President:
    13
       *                 *                       *                        *                      *
    (4) Each member of any such Committee shall hold office for such period as may be prescribed by
the 12[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the
State in which the Committee was constituted, or becomes incapable of acting as a member of the
Committee, the said 12[High Court] may appoint another person to be a member in his stead.
    (5) There shall be a secretary to each such Committee, who shall be appointed by the 12[High Court]
and shall receive such remuneration as may be provided in this behalf 14[by the State Government.]




1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and Sch. III.
2. Subs. by the A.O. 1950, for “Courts which are High Courts for the purposes of the Government of India Act,
  1935”.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins.
  by Act 2 of 1951, s. 15 (w.e.f. 1-4-1951).
4. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and Sch . II.
5. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay,
  Allahabad, Lahore and Rangoon”.
6. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and Sch. II These words were again ins. by Act 32 of
  1925, and subsequently omitted by the A.O. 1948.
7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and Sch. II.
8. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
9. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1951).
10. The word “and ” omitted by Act 38 of 1978, s. 3 and Sch. II (w.e.f. 26-11-1978).
11. Clause (d) omitted by s. 3, ibid. and Sch. II (w.e.f. 26-11-1978).
12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.


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