Section 122 CPC: Power of Certain High Courts to Make Rules
Section 122 of the Code of Civil Procedure, 1908 (CPC) empowers specified High Courts to make procedural rules for themselves and for civil courts under their superintendence. It also permits changes to the rules in the First Schedule, subject to the statutory rule-making framework.
Text of Section 122 CPC
High Courts not being the Court of a Judicial Commissioner 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, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
Official legislation: Code of Civil Procedure, 1908 - India Code. Consult the current official text and any applicable State or High Court amendments when using this provision.
Meaning and scope of Section 122
The provision recognizes that civil procedure requires rules suited to the functioning of courts. While the CPC provides a general procedural framework, High Courts covered by Section 122 can regulate procedure through rules made in accordance with Part X of the Code.
- Rule-making authority: the High Courts described in the section may frame procedural rules.
- Courts covered: rules may govern the High Court's own procedure and that of civil courts subject to its superintendence.
- First Schedule: such rules may annul, alter or add to rules contained in the First Schedule.
- Previous publication: the section expressly requires publication before the rules are made, with other applicable procedural requirements addressed by related provisions.
What is the First Schedule to the CPC?
The First Schedule contains the Orders and Rules governing many stages of civil litigation, including institution of suits, pleadings, summons, appearance, evidence, judgments and execution. Under Section 121 CPC, these rules have effect as if enacted in the body of the Code until annulled or altered in accordance with Part X.
How are High Court rules made?
Section 122 should be read with the surrounding provisions. Section 123 concerns Rules Committees in certain States; Section 124 concerns their reports. Section 127 addresses publication of rules, while Section 128 describes matters for which rules may provide. The precise process depends on the applicable statutory provisions and court rules.
Limits and practical effect
Section 122 concerns procedural rule-making, not an unrestricted power to amend substantive rights or override controlling legislation. Lawyers and litigants should check the relevant High Court rules, amendments, notifications and commencement dates rather than relying solely on the unmodified First Schedule.
For a High Court exercising original civil jurisdiction, Section 129 CPC is also relevant. Different statutory powers and local rules may apply depending on the court and proceeding.
Frequently asked questions
Can a High Court modify the First Schedule rules?
Yes. A High Court covered by Section 122 may annul, alter or add to First Schedule rules through the prescribed rule-making process.
Does Section 122 apply to subordinate civil courts?
Yes. The provision expressly extends to the procedure of civil courts subject to the High Court's superintendence.
Are High Court procedural rules the same throughout India?
No. Applicable procedural rules may differ between jurisdictions. Always verify the rules and amendments governing the particular court.
Related legal provisions
Read Section 121, Section 123, Section 125, Section 126 and Section 131 for the broader legislative scheme.
This article provides general legal information; court-specific rules and current official notifications should be consulted for proceedings.