Simplified: The rules contained in the First Schedule (which includes Orders I to LI detailing procedures for suits, appeals, execution, etc.) have the same legal force as if they were part of the main body of the Code itself.
Rule: These rules remain effective until they are specifically annulled (cancelled) or altered according to the procedures laid out in Part X (Sections 121-131).
Purpose: Gives statutory authority to the detailed procedural rules found in the First Schedule, making them binding unless properly amended.
Example: Order XXI details the procedure for executing decrees. Section 121 confirms that these rules are legally binding on courts and parties just like the main sections (e.g., Section 38, which states which courts can execute decrees).
Section 122: Power of certain High Courts to make rules
Simplified: Empowers specific High Courts (those that are not Courts of a Judicial Commissioner) to make rules regulating their own procedure and the procedure of the Civil Courts under their supervision.
Rule: These High Courts can, after previous publication (making the proposed rules public for feedback), make rules that:
Regulate their own procedure.
Regulate the procedure of Civil Courts subordinate to them.
By such rules, annul, alter, or add to any of the rules in the First Schedule of the CPC.
Purpose: Allows High Courts to adapt and refine civil procedure rules to suit local conditions and improve efficiency, within the framework of the CPC.
Example: A High Court might find that the standard procedure in Order V for serving summons is inefficient in remote areas within its jurisdiction. Using the power under Section 122, it could make a new rule (after publishing it for comments) allowing for service via a specific local government official in those areas, effectively altering or adding to the rules in the First Schedule for courts under its control.
Section 123: Constitution of Rule Committees in certain States
Simplified: Mandates the creation of a “Rule Committee” in the city where each High Court mentioned in Section 122 usually sits.
(1) Establishment: A Rule Committee shall be constituted at the usual seat of each specified High Court.
(2) Composition: Each Committee shall consist of:
(a) Three Judges of that High Court (at least one must have served as a District Judge for three years). (State Amendment – Assam & Nagaland: Allows Chief Justice to appoint only two judges if the High Court has only three judges).
(b) Two legal practitioners enrolled in that High Court. (State Amendment – Tamil Nadu: Changes this to three legal practitioners).
(c) A Judge of a Civil Court subordinate to the High Court.
(d) Omitted 1978 (Previously included a Judge from Madras for the Madras committee).
(3) Appointment & President: The members are appointed by the High Court, which also nominates one member as President. (Earlier references to Chief Justice/Chief Judge amended to High Court in 1976).
(4) Term & Vacancies: Each member serves for a period prescribed by the High Court. Vacancies due to retirement, resignation, death, relocation, or incapacity are filled by the High Court.
(5) Secretary: Each Committee has a Secretary appointed by the High Court, remunerated by the State Government.
Purpose: Creates a formal body comprising judges and lawyers to assist the High Court in the technical task of formulating and proposing changes to procedural rules.
Section 124: Committee to report to High Court
Simplified: The Rule Committee’s role is advisory.
Rule: Every Rule Committee must make a report to its High Court on any proposal to annul, alter, or add to the rules in the First Schedule, or to make new rules.
Requirement:Before making any rules under Section 122, the High Court must take the Rule Committee’s report into consideration.
Purpose: Ensures that the High Court benefits from the collective expertise and practical insights of the Rule Committee before finalizing procedural changes.
Example: If there’s a proposal to change the rules about filing written statements (Order VIII), the Rule Committee would study it, consider its implications, and submit a report with recommendations to the High Court. The High Court judges would then consider this report before deciding whether and how to amend the rules.
Section 125: Power of other High Courts to make rules
Simplified: Extends rule-making power to High Courts not specified in Section 122 (e.g., newer High Courts or those previously under Judicial Commissioners), but with State Government oversight.
Rule: These other High Courts can exercise the powers from Section 122 (making rules, altering First Schedule) in such manner and subject to such conditions as the respective State Government may determine.
Proviso: Any such High Court can also, after previous publication, make a rule extending any rules made by another High Court (one mentioned in Sec 122) to the courts within its own jurisdiction.
Purpose: Allows all High Courts to eventually have rule-making powers but provides a mechanism for State Government oversight for those not originally listed, and allows for adoption of rules from established High Courts.
Example: A newer High Court might decide that the rules made by the Bombay High Court regarding electronic filing are suitable. Under the proviso to Sec 125, it could adopt and extend those specific rules to the courts under its own jurisdiction, subject to State Government conditions and prior publication.
Section 126: Rules to be subject to approval
Simplified: Rules made by High Courts under the foregoing sections require government approval before taking effect.
Rule: Rules made under Sections 122 or 125 need the previous approval of:
The State Government where the court whose procedure is being regulated is located.
If the court is not located in any State (e.g., in a Union Territory without its own legislature, depending on the setup), the approval of the Central Government.
Purpose: Provides a layer of governmental oversight on procedural rule changes made by the judiciary.
Section 127: Publication of rules
Simplified: Specifies how approved rules become effective.
Rule: Rules made (under Sec 122 or 125) and approved (under Sec 126) must be published in the Official Gazette.
Effect: From the date of publication (or any later date specified), these rules have the same force and effect within the local jurisdiction of the High Court that made them, as if they had been part of the First Schedule itself.
Purpose: Ensures transparency and provides a clear mechanism for new or amended rules to gain legal force.
Section 128: Matters for which rules may provide
Simplified: Outlines the scope and specific areas for which High Courts can make rules under this Part.
(1) General Scope: Rules made by High Courts must not be inconsistent with the provisions in the body of the Code (Sections 1-158), but subject to that limitation, they can provide for any matters relating to the procedure of Civil Courts.
(2) Specific Examples (Non-Exhaustive): Without limiting the general power, rules may provide for:
(a) Service by post/other methods: Rules for serving summons, notices, etc., by post or other means, and how to prove such service.
(b) Custody/Sale of attached property: Maintaining attached livestock/movables, fees, sale procedures, and handling proceeds.
(c) Counterclaims: Procedure for counterclaims and their valuation for jurisdiction.
(d) Garnishee/Charging Orders: Procedures for attaching debts owed by third parties (garnishee) or creating charges on assets, as alternatives to direct attachment/sale.
(e) Contribution/Indemnity Claims: Procedure where a defendant claims contribution or indemnity from another person (party or non-party).
(f) Summary Procedure: Rules for expedited procedures in specific cases like:
(i) Suits for recovery of debt/liquidated demand based on contracts, enactments (for fixed sums), guarantees, or trusts.
(ii) Suits for recovery of immovable property by landlords against tenants whose term expired, was terminated, or forfeited. (Similar to Order XXXVII).
(g) Originating Summons: Procedure for initiating certain matters directly via summons without a full plaint.
(h) Consolidation: Rules for consolidating (joining) multiple suits, appeals, or proceedings.
(i) Delegation: Delegating judicial, quasi-judicial, or non-judicial duties to court officials like Registrars, Masters, etc.
(j) Forms & Registers: Prescribing forms, registers, books, and accounts for court business.
Purpose: Provides broad yet defined authority for High Courts to regulate various aspects of civil procedure, ensuring consistency with the core Code while allowing for specific procedural innovations or modifications.
Example: A High Court could use Sec 128(2)(i) to make rules empowering the Court Registrar to handle uncontested applications for adjournment or issuance of routine notices, freeing up judicial time. It could use Sec 128(2)(f) to introduce or modify summary suit procedures for specific types of commercial disputes prevalent in its jurisdiction.
Section 129: Power of High Court to make rules as to their original Civil Procedure
Simplified: Grants High Courts (not Judicial Commissioners’ courts) specific power to regulate their own procedure when acting in their original civil jurisdiction, potentially overriding general CPC rules.
Rule: Notwithstanding anything else in the CPC, such High Courts can make rules to regulate their own original civil jurisdiction procedure.
Conditions:
The rules must not be inconsistent with the Letters Patent, order, or other law establishing the High Court.
Saving: Existing rules of this nature in force when the CPC commenced remain valid.
Purpose: Allows High Courts with original jurisdiction (historically established in major cities) to maintain distinct procedural rules suited to their specific workload and structure, often differing from the procedures in subordinate courts.
Example: The Bombay High Court Original Side Rules contain detailed procedures for various matters heard directly by the High Court (not on appeal), which might differ in specifics (like timelines, forms, role of Prothonotary) from the general rules in the CPC’s First Schedule applicable to District Courts. Section 129 provides the power for the High Court to make and maintain these distinct rules.
Section 130: Powers of other High Court to make rules as to matters other than procedure
Simplified: Allows High Courts not covered by Section 129 (i.e., those without the historical original civil jurisdiction stemming from Letters Patent) to make rules on non-procedural matters, similar to powers under Article 227, subject to State Government approval.
Rule: A High Court to which Section 129 does not apply may, with the previous approval of the State Government, make rules regarding any matter other than procedure which a High Court (like those mentioned in Sec 129) could make under Article 227 of the Constitution for territories under its jurisdiction (excluding presidency towns).
Purpose: Seems to provide a residual power, subject to government approval, for certain High Courts to regulate aspects related to subordinate courts beyond just procedural rules, mirroring supervisory powers. (Article 227 grants High Courts the power of superintendence over subordinate courts).
Section 131: Publication of rules
Simplified: Specifies how rules made by High Courts specifically for their original jurisdiction (under Sec 129) or on non-procedural matters (under Sec 130) become legally effective.
Rule: Rules made according to Section 129 or Section 130 must be published in the Official Gazette.
Effect: From the date of publication (or any later date specified), these rules have the force of law.
Purpose: Ensures transparency and formal enactment for rules governing High Court original side procedure and other specified matters.
Example: If the Calcutta High Court makes a new rule under Section 129 changing how evidence is presented in its original civil jurisdiction, that rule only becomes binding after it is published in the Official Gazette.
