Code of Civil Procedure, 1908 | Part X - Rules

Section 126 CPC - Rules to Be Subject to Approval

Section 126 of the Code of Civil Procedure, 1908 (CPC) requires prior governmental approval for procedural rules made under the preceding rule-making provisions. The approving authority depends on where the court whose procedure is regulated is situated.

Section 126 CPC: Statutory provision

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 the Central Government.

The text above reflects the provision reproduced in the Code. The expression previous approval means approval is required before the relevant rules are brought into force through the statutory rule-making process; it is not merely an approval sought after the event.

Meaning and scope of Section 126

1. Prior approval is a statutory condition

Section 126 operates as a safeguard within the CPC rule-making framework. High Courts exercise powers to regulate civil procedure under the relevant provisions, but rules made under the preceding provisions are subject to the approval requirement prescribed by Section 126.

2. State Government approval

Where the court whose procedure the rules regulate is situated in a State, the provision specifies the Government of that State as the approving authority. The location of the court regulated by the rules is therefore important.

3. Central Government approval

If the court whose procedure is regulated is not situated in any State, the provision refers instead to the Central Government. The statutory wording should be read alongside any applicable constitutional, territorial or legislative changes.

4. Approval and publication are different requirements

Approval under Section 126 should not be confused with the publication of rules. Section 127 CPC separately addresses publication and the effect of rules made under the relevant provisions.

Practical point: To determine which procedural rules apply in a particular civil court, consult the applicable High Court rules, amendments and official notifications, including their commencement and territorial scope. Section 126 alone does not reproduce those court-specific rules.

How Section 126 fits into the CPC rule-making process

Rule-making authority: Section 122 provides for certain High Courts to make rules governing their procedure and that of subordinate civil courts, subject to the statutory framework.
Rules Committee: Section 123 addresses the constitution of Rules Committees.
Committee report: Section 124 requires the relevant committee report to be considered before rules are made under Section 122.
Other High Courts: Section 125 deals with rule-making by other High Courts in the manner and subject to the conditions specified there.
Approval: Section 126 requires previous approval from the appropriate government.
Publication: Section 127 addresses publication of rules and their legal effect.

These stages must be understood in light of the precise statutory provisions and any applicable amendments. Not every provision applies identically to every High Court or category of rules.

Section 121 CPC - Effect of rules in the First Schedule.
Section 128 CPC - Matters for which rules may provide.
Section 129 CPC - Rules relating to High Courts' original civil procedure.
India Code (Government of India) - Official portal to consult the Code of Civil Procedure, 1908, and its legislative text.

Frequently asked questions

Does Section 126 CPC require approval before rules are made effective?

Yes. It expressly makes rules under the foregoing provisions subject to previous approval by the relevant government.

Who approves rules under Section 126 CPC?

Ordinarily, the Government of the State in which the court whose procedure is regulated is situated. Where that court is not situated in any State, the provision specifies the Central Government.

Is government approval the same as publication?

No. Section 126 concerns prior approval, while Section 127 separately governs publication of rules.

Does Section 126 itself prescribe the procedure for civil suits?

No. It concerns approval of procedural rules. The CPC, its First Schedule, applicable High Court rules and relevant amendments must be consulted for the procedural requirements of a particular case.

Legal information for general reference. The applicable law and court rules should be checked against current official publications before use in proceedings.