Home  /  Code of Civil Procedure  /  Section 129

Section 129: Power of High Courts to make rules as to their original civil procedure

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 128 All 158 Sections of Code of Civil Procedure Section 130

Legal Commentary & Landmark Judgments: Section 129

Section 129 preserves the plenary power of Chartered High Courts to make rules regulating their original civil procedure, declaring that such rules shall be valid notwithstanding anything in this Code.

  • Chartered High Court Original Side Supremacy: Notwithstanding anything in this Code, any High Court not being a Court of a Judicial Commissioner may make such rules not inconsistent with the Letters Patent or law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit.
  • Non-Obstante Clause Supremacy: Section 129 non-obstante clause gives High Court Original Side Rules complete priority over conflicting CPC provisions.
  • Exemption from Executive Approval: Chartered High Courts do not require state executive approval under Section 126 for Original Side rules framed under Section 129.
Key Landmark Precedents:
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: The Supreme Court authoritatively settled that the non-obstante clause in Section 129 gives absolute supremacy to High Court Original Side Rules over the provisions of the CPC; the 30-day timeline for filing written statements in Order 8 Rule 1 does not override Bombay High Court Original Side Rules.
  • P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672: The Constitution Bench held that Section 129 preserves the unique chartered heritage and procedural autonomy of Chartered High Courts.
Courtroom Practice & Strategic Litigation Guidance:

In original side commercial litigation before the High Courts of Delhi, Bombay, Calcutta, or Madras, always verify the specific Original Side Rules; under Section 129, they completely override conflicting CPC First Schedule timelines.

Section 128 All 158 Sections of Code of Civil Procedure Section 130