Section 123: Constitution of Rule Committees in certain States

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 123

Section 123 establishes the constitution and composition of the statutory Rule Committee in each State to report on the working of CPC rules and recommend amendments.

  • Rule Committee Establishment: A committee, to be called the Rule Committee, shall be constituted at the town which is the usual seat of each High Court.
  • Statutory Composition: Consists of: (a) three Judges of the High Court, (b) two legal practitioners enrolled in that High Court, and (c) a Judge of a Civil Court subordinate to the High Court.
  • Bar and Bench Collaboration: Integrates judicial leadership with practical bar experience to ensure workable procedural reforms.
  • Reporting Duty: Rule Committee evaluates procedural bottlenecks and reports recommendations to the Full Court.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court commended the Rule Committee mechanism under Section 123 for continuously monitoring court efficiency.
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: Noted the consultative role of Rule Committees in framing High Court rules.
Courtroom Practice & Strategic Litigation Guidance:

State Bar Associations seeking procedural reforms (e.g., standardizing virtual evidence recording) should submit formal representations directly to the Section 123 Rule Committee of their High Court.