SECTION 129, 130, 131 CODE OF CIVIL PROCEDURE 1908

What is Power of High Court to make rules as to their original Civil Procedure? What are Powers of other High Court to make rules as to matters other than procedure? What is Publication of rules? Section 129, 130 and 131 of Code of Civil Procedure 1908

Power of High Court to make rules as to their original Civil Procedure, Powers of other High Court to make rules as to matters other than procedure and Publication of rules are defined under Section 129, 130 and 131 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 129 of Code of Civil Procedure 1908 "Power of High Court to make rules as to their original Civil Procedure"

Notwithstanding anything in this Code, any High Court not being the Court of a Judicial Commissioner may make such rules not inconsistent with the Letters Patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.

Section 130 of Code of Civil Procedure 1908 "Powers of other High Court to make rules as to matters other than procedure"

A High Court not being a High Court to which section 129 applies may, with the previous approval of the State Government make with respect to any matter other than procedure any rule which a High Court for a State might under article 227 of the Constitution make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town.

Section 131 of Code of Civil Procedure 1908 "Publication of rules"

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

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