PART IX

SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER]]

1. Substituted by Act No. 2 of 1951, for the words “CHARTERED HIGH COURTS”.

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the words “FOR PART A STATES AND PART B STATES”.

116. Part to apply only to certain High Courts.This Part applies only to High Courts 1[not being the Court of a Judicial Commissioner].

1. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the words “FOR PART A STATES AND PART B STATES”.

117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.

118. Execution of decree before ascertainment of costs.—Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the stilt can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs;

And, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

119. Unauthorized persons not to address Court.— Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.

120. Provisions not applicable to High Court in original civil jurisdiction.— (1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, Sections 16, 17 and 20.

1[***]

1. Sub-section (2) repealed by Act No. 3 of 1909.

PART X

RULES

121. Effect of rules in First Schedule.— The rules in a 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.

122. Power of certain High Courts to make rules.— 1 [High Courts 2[not being the Court of a Judicial Commissioner]] 3[***] may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.

1. Substituted by the A.O. 1950, for the words and figures “Courts which are High Courts for the purposes of the Government of India Act, 1935”.

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the words “for Part A States and Part B States”.

3. The words “and the Chief Court of Lower Burma”, repealed by Act No. 11 of 1923.

123. Constitution of Rule Committees in certain States.— (1) A Committee to be called the Rule Committee, shall be constituted at 1[the town which is the usual place of sitting of each of the High Courts 2[***] referred to in Section 122].

(2) Each such Committee shall consist of the following persons, namely.—

(a) Three Judges of the High Court established at the town at which such Committee is constituted, of whom at least has served as a District Judge or 3[***] a Divisional Judge for three years,

4[(b) Two legal practitioners enrolled in that Court.]

5[(c) A Judge of a Civil Court subordinate to the High Court, 6[***]

7[***]

(3) The members of each such Committee shall be appointed by the 8[High Court], which shall also nominate one of their number to be President:

9[***]

(4) Each member of any such Committee shall hold office for such period as may be prescribed by the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted, or becomes incapable of acting as a member of the Committee, the said 10[High Court] may appoint another person to be a member in his stead.

(5) There shall be a secretary to each such Committee who shall be appointed by the 10[High Court] and shall receive such remuneration as may be provided in this behalf 11[by the State Government].

1. Substituted by Act No. 13 of 1916 for the words “each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon”.

2. The words “and of the Chief Court” omitted by the Act No. 11 of 1923.

3. The brackets and words “(in Burma)” repealed by Act No. 11 of 1923.

4. Substituted by Act No. 2 of 1951, for the original clauses (b) and (c).

5. Clause (d) re-lettered as (c) by Act No. 2 of 1951.

6. The word “and” omitted by Act No. 38 of 1978.

7. Clause (d) omitted by Act No. 38 of 1978.

8. Substituted by Act No. 104 of 1976, for the words “Chief Justice or Chief Judge”, w.e.f. 1st February, 1977.

9. Proviso omitted by Act No. 104 of 1976, w.e.f. 1st February, 1977.

10. Substituted by Act No. 104 of 1976, for the words “Chief Justice or Chief Judge”, w.e.f. 1st February, 1977.

11. Substituted by the A.O. 1937, for the words “by the G.G. in C. or by the L.G., as the case may be”.

124. Committee to report to High Court.— Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under Section 122 the High Court shall take such report into consideration.

125. Power of other High Courts to make rules.— High Courts, other than the Courts specified in Section 122, may exercise the powers conferred by that Section in such manner and subject to such conditions 1as 2[the State Government] may determine]:

Provided that any such High Court may, after previous publication, make a Rule extending within the local limits of its jurisdiction any rules, which have been made by any other High Court.

1. Substituted by Act No. 38 of 1920, for the words “as the G.G. in C. may determine”.

2. Substituted by the A.O. 1937, for the words “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and in other cases the L.G.”.

1[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of 2[Central Government].]

1. Substituted by the A.O. 1937, for the former Section.

2. Substituted by the A.O. 1950, for the words “Governor General”.

127. Publication of rules.— Rules so made and 1[approved] shall be published in the 2[Official Gazette], and shall 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.

1. Substituted by Act No. 24 of 1917, for the words “sanctioned”.

2. Substituted by the A.O. 1937, for the words “GOI or in the local official Gazette, as the case may be”.

128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions. in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.

(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: -

(a) The service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service;

(b) The maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale;

(c) Procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction;

(d) Procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts;

(e) Procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not;

(f) Summary procedure-

(i) In suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising-

On a contract express or implied; or

On an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

On a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or

On a trust; or

(ii) In suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant;

(g) Procedure by way of originating summons;

(h) Consolidation of suits, appeals and other proceedings;

(i) Delegation to any Registrar, Prothonotary or Master or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and

(j) All forms, registers, books, entries and accounts, which may be necessary or desirable for the transaction of the business of Civil Courts.

129. Power of High Courts to make rules as to their original Civil procedure.— Notwithstanding anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2[or order] 3[or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.

1. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the words “for a Part A State or a Part B State “.

2. Inserted by the A.O. 1950.

3. Inserted by Act No. 2 of 1951.

5[130. Powers of other High Courts to make rules as to matters other than procedure.— A High Court 1[not being a High Court to which Section 129 applies] may, with the previous approval of the State Government, make with respect to any matter other than procedure any Rule which a High Court 2[for a 3[***] State] might under 4[article 227 of the Constitution] make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town.]

1. Substituted by the A.O. 1950, for the words “not construed by His Majesty by Letters Patent”.

2. Substituted by the A.O. 1951 for the words “so constituted”.

3. The word and letter “Part A” omitted by the Adaptation of laws (No. 2) Order, 1956.

4. Substituted by the A.O. 1950, for the words and figures “Section 224 of the Government of India Act, 1935”.

5. Substituted by the A.O. 1937, for the former Section.

131. Publication of rules.— Rules made in accordance with Section 129 or Section 130 shall be published in the 1[Official Gazette] and shall from the date of publication or from such other date as may be specified have the force of law.

1. Substituted by the A.O. 1937, for the words “GOI or in the local official Gazette, as the case may be”.

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