Code of Civil Procedure, 1908 | Part X

Section 124 CPC - Committee to Report to High Court

Section 124 of the Code of Civil Procedure, 1908 requires a Rule Committee to report to the relevant High Court on proposed changes to procedural rules. The High Court must consider that report before exercising its rule-making power under Section 122.

Section 124 CPC - Statutory text

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.

Source: Code of Civil Procedure, 1908, Section 124. Refer to the official India Code text (PDF) and applicable High Court rules for amendments and local variations.

Meaning and legal effect of Section 124

Section 124 forms part of the CPC framework for making civil procedure rules. It creates a consultation step between a Rule Committee, constituted under Section 123, and the High Court empowered under Section 122.

What must the Rule Committee report on?

The report covers proposals to annul, alter or add to rules in the First Schedule, as well as proposals to make new procedural rules. The First Schedule contains the Orders and Rules governing various stages of civil proceedings.

What must the High Court do?

Before making rules under Section 122, the High Court must take the Rule Committee's report into consideration. Section 124 does not expressly say that the recommendations are binding or that every recommendation must be accepted.

How the rule-making process works

Proposal: A procedural rule is proposed for introduction, amendment or repeal.
Committee report: The Rule Committee reports on the proposal to the High Court.
Judicial consideration: The High Court considers the report before making rules under Section 122.
Other statutory steps: The requirements of previous publication under Section 122 and applicable provisions concerning publication and operation of rules must also be observed.

This mechanism helps bring judicial and legal-practitioner experience into the development of court procedure. The precise application of a rule should be checked against the rules and notifications applicable to the particular High Court.

Section 121 gives the First Schedule rules statutory effect until changed in accordance with Part X. Section 122 confers rule-making power on specified High Courts. Section 123 provides for constitution and membership of Rule Committees. Section 127 addresses publication of rules, while Section 128 identifies matters that rules may cover.

Frequently asked questions

What does Section 124 CPC require?

A Rule Committee must report on proposals to change First Schedule rules or make new rules, and the High Court must consider that report before making rules under Section 122.

Is the Rule Committee report binding on the High Court?

Section 124 requires consideration of the report; it does not expressly require the High Court to adopt every recommendation.

Does Section 124 apply to every rule made by every High Court?

Its express requirement concerns rule-making under Section 122. Other powers, including Section 129, have their own statutory framework.

Conclusion

Section 124 CPC ensures that a Rule Committee's report is considered before a High Court makes procedural rules under Section 122. It is an important procedural safeguard in the system for revising the First Schedule and introducing new rules of civil procedure.

This article provides general legal information, not advice on any particular case. Check the current statutory text, applicable State amendments and relevant High Court rules.