Sections 121 and 122 CPC: First Schedule Rules and High Court Rule-Making Powers
Sections 121 and 122 of the Code of Civil Procedure, 1908 form part of Part X, which deals with rules. Section 121 gives the rules in the First Schedule statutory effect until they are annulled or altered in accordance with Part X. Section 122 empowers certain High Courts, after previous publication, to make procedural rules for themselves and for Civil Courts subject to their superintendence.
Section 121 CPC - Effect of rules in First Schedule
121. Effect of rules in First Schedule.
The rules in the 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.
Section 121 gives the procedural rules in the First Schedule the same operative force as provisions enacted in the body of the Code, subject to the rule-making and alteration mechanism contained in Part X.
Key point: The First Schedule is not merely advisory. Its rules operate as part of the statutory procedural framework unless and until validly annulled or altered under Part X.
Section 122 CPC - Power of certain High Courts to make rules
122. Power of certain High Courts to make rules.
High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
Section 122 confers rule-making power on the High Courts described in the provision. The power extends both to the High Court's own procedure and to the procedure of Civil Courts under its superintendence.
The provision also permits such High Courts, by rules made in accordance with Part X, to annul, alter or add to the rules contained in the First Schedule. The requirement of previous publication is expressly built into Section 122.
How Sections 121 and 122 CPC work together
Section 121 establishes the legal effect of the First Schedule. Section 122 then provides the principal rule-making authority by which specified High Courts may modify procedural rules within the framework of Part X.
The succeeding provisions in Part X are also important. Sections 123 and 124 deal with Rule Committees and their reports; Sections 125 and 126 address other High Courts and approval requirements; Sections 127 and 128 deal with publication and the subjects for which rules may provide; and Sections 129 to 131 contain further rule-making and publication provisions.
Official reference
Frequently asked questions
Do the rules in the First Schedule have statutory force?
Yes. Section 121 provides that they have effect as if enacted in the body of the Code until annulled or altered in accordance with Part X.
Can a High Court change the rules in the First Schedule?
A High Court covered by Section 122 may, after previous publication and subject to Part X, make rules that annul, alter or add to all or any of the First Schedule rules.
Can High Courts regulate subordinate Civil Court procedure?
Yes. Section 122 extends the rule-making power to the procedure of Civil Courts subject to the High Court's superintendence.