Section 125 CPC: Power of Other High Courts to Make Rules
Section 125 of the Code of Civil Procedure, 1908 (CPC) deals with rule-making by High Courts other than those covered by Section 122. It also allows such a High Court, after previous publication, to extend rules made by another High Court to its own territorial jurisdiction.
Section 125 CPC - Statutory text
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 as 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.
For the legislation and any amendments applicable to a particular jurisdiction, consult the official India Code portal and the relevant High Court's published rules and notifications.
Meaning and scope of Section 125 CPC
The CPC sets out a framework for procedural rules governing civil courts. Section 122 confers rule-making powers on the High Courts described in that provision. Section 125 addresses High Courts outside that category and permits them to exercise the same powers, subject to the manner and conditions determined by the State Government.
What does the rule-making power cover?
The power referred to in Section 125 is the power conferred by Section 122: to regulate the High Court's own procedure and the procedure of civil courts subject to its superintendence, including making rules that annul, alter or add to rules in the First Schedule, within the statutory framework.
The expression "State Government" identifies the governmental authority empowered by Section 125 to determine the manner and conditions for exercise of that power. It does not mean that every High Court rule requires a fresh case-specific government order; the applicable statutory provisions and notifications must be checked.
Extending rules made by another High Court
The proviso gives a High Court governed by Section 125 a specific route to adopt rules already made by another High Court. The adopting High Court must make its own rule after previous publication, and the extension operates within the local limits of its jurisdiction.
- Previous publication: the proposed rule is published in advance through the legally applicable procedure, allowing the required notice and opportunity for consideration.
- Territorial effect: an adopted rule operates only within the jurisdiction to which it has been validly extended.
- No automatic adoption: rules of one High Court do not apply to another merely because they exist elsewhere.
- Current local rules matter: practitioners should verify the rules, amendments, commencement dates and official notifications applicable to the relevant court.
Related CPC provisions
- Section 121 CPC - Effect of rules in the First Schedule.
- Section 122 CPC - Rule-making powers of certain High Courts.
- Section 123 CPC - Constitution of Rules Committees.
- Section 124 CPC - Rule Committee reports.
- Section 126 CPC - Approval of rules in the cases to which it applies.
- Section 127 CPC - Publication of rules.
- Section 128 CPC - Matters for which rules may provide.
Frequently asked questions
What does Section 125 CPC provide?
It permits High Courts outside the category described in Section 122 to exercise the rule-making powers of that section in the manner and subject to conditions determined by the State Government.
Can a High Court adopt rules made by another High Court?
Yes. The proviso permits a High Court covered by Section 125, after previous publication, to extend rules made by another High Court within its own territorial jurisdiction.
Does Section 125 automatically apply another High Court's rules?
No. Adoption requires the relevant High Court to make a rule after previous publication. The original rules do not automatically extend to another jurisdiction.
This article explains the general statutory framework. High Court rules and State amendments can vary by jurisdiction; check the current official rules before relying on a particular procedural requirement.