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Section 122: Power of certain High Courts to make rules

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 121 All 158 Sections of Code of Civil Procedure Section 123

Legal Commentary & Landmark Judgments: Section 122

Section 122 empowers High Courts to make rules regulating their own procedure and the procedure of civil courts subordinate to them, and to annul, alter, or add to all or any of the rules in the First Schedule.

  • High Court Rule-Making Power: High Courts 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.
  • Power to Modify First Schedule: May by such rules annul, alter, or add to all or any of the rules in the First Schedule.
  • Consultation with Rule Committee: Rules are formulated in consultation with the statutory Rule Committee established under Section 123.
  • Previous Publication Mandate: Requires draft publication in the Official Gazette for public and bar association feedback.
Key Landmark Precedents:
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: The Supreme Court encouraged High Courts to exercise their Section 122 powers to frame model case management and mediation rules to eliminate trial delays.
  • P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672: Affirmed the wide legislative discretion of High Courts under Section 122 to adapt procedural rules.
Courtroom Practice & Strategic Litigation Guidance:

Local High Court amendments to Order 6 Rule 17 (pleading amendments), Order 8 Rule 1 (written statement timelines), or Order 21 (execution) derive their binding legal authority from Section 122.

Section 121 All 158 Sections of Code of Civil Procedure Section 123