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Section 121: Effect of rules in First Schedule

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Statutory Regulation
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Act 1908
Section 120 All 158 Sections of Code of Civil Procedure Section 122

Legal Commentary & Landmark Judgments: Section 121

Section 121 establishes that the statutory rules in the First Schedule of the CPC shall have effect as if enacted in the body of the Code until annulled or altered in accordance with Part X.

  • First Schedule Statutory Status: 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.
  • Dynamic Procedural Framework: Distinguishes the substantive body of the CPC (Sections 1-158, alterable only by Parliament) from the procedural rules (Orders 1-51, alterable by High Courts).
  • Judicial Delegated Legislation: Empowers High Courts to adapt procedural orders to changing judicial realities.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court analyzed the structural bifurcation under Section 121, holding that while Parliament retains control over the core sections, High Courts possess delegated power to modernize the Orders.
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: Affirmed that First Schedule rules operate with statutory force until amended by High Courts under Part X.
Courtroom Practice & Strategic Litigation Guidance:

Check your local High Court amendments to the First Schedule Orders; state High Court rule modifications made under Section 121/122 supersede standard central First Schedule text.

Section 120 All 158 Sections of Code of Civil Procedure Section 122