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Section 127: Publication of rules

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 126 All 158 Sections of Code of Civil Procedure Section 128

Legal Commentary & Landmark Judgments: Section 127

Section 127 mandates the publication of approved High Court rules in the Official Gazette, providing that upon publication they shall have the same force and effect as if they had been contained in the First Schedule.

  • Official Gazette Publication: Rules so made and approved shall be published in the Official Gazette.
  • Statutory Force & Effect: From the date of publication or from such other date as may be specified, have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule.
  • Subordination of Original Rules: Amended rules override conflicting original First Schedule rules within that State.
Key Landmark Precedents:
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: The Supreme Court held that rules published under Section 127 carry plenary statutory force, operating with the same authority as primary parliamentary rules.
  • Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed that publication under Section 127 gives public notice of updated procedural standards.
Courtroom Practice & Strategic Litigation Guidance:

When citing a state High Court amendment to Order 21 or Order 8, verify its Section 127 gazette publication date to establish that it had come into force at the time of your trial proceedings.

Section 126 All 158 Sections of Code of Civil Procedure Section 128