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The Code of Civil Procedure, 1908: page 78

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 78, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                           STATE AMENDMENTS
Assam.—
   For clause (a) of sub-section (2) of section 123 the following shall be substituted—
   “(a) three Judges of the High Court established at the town at which such Committee is constituted,
provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the
number of Judges of the High Court does not exceed three.”
   [Vide Assam Act 8 of 1953, sec. 2.]
Tamil Nadu
   Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of
   Civil Procedure, 1908 ( Central Act V of 1908),-
        (a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners”
    shall be substituted.
        (b) in clause (d), the word “Madras” shall be omitted.
[Vide Tamil Nadu Act 15 of 1970, s. 2]
   124. Committee to report to High Court.—Every Rule Committee shall make a report to the High
Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules
in the First Schedule or to make new rules, and before making any rules; under section 122 the High
Court shall take such report into consideration.
                                                                                  e
    125. Power of other High Courts to make rules.—High Courts, other than the Courts
                                                                           od
specified in section 122, may exercise the powers conferred by that section in such manner and
subject to such conditions 1[as 2[the State Government] may determine:]
                                                                    aC
     Provided that any such High Court may, after previous publication, make a rule extending within the
local limits of its jurisdiction any rules which have been made by any other High Court.
     3                                                        di
       [126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to
the previous approval of the Government of the State in which the Court whose procedure the rules regulate
                                                         In
is situate or, if that Court is not situate in any State, to the previous approval of 4[Central Government.]]
     127. Publication of rules.—Rules so made and 5[approved] shall be published in the 6[Official Gazette], and
shall from the date of publication or from such other date as may be specified have the same force and effect, within
the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First
Schedule.
     128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the
body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.
    (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),
such rules may provide for all or any of the following matters, namely:—
         (a) the service of summonses, notices and other processes by post or in any other manner either
    generally or in any specified areas, and the proof of such service;
         (b) the maintenance and custody, while under attachment, of live-stock and other movable
    property, the fees payable for such maintenance and custody, the sale of such live-stock and property,
    and the proceeds of such sale;
         (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of
    jurisdiction;
         (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the
    attachment and sale of debts;



1. Subs. by Act 38 of 1920, s. 2 and Sch. I, Pt. I, for “as the G.G. in C. may determine”.
2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases
    the L.G.”.
3. Subs. by the A.O.1937, for section 126.
4. Subs. by the A.O. 1950, for “Governor General”.
5. Subs. by Act 24 of 1917, s. 2 and Sch. I, for “sanctioned”.
6. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution
  would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being
  redundant”.


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