Section 130 CPC: Powers of Other High Courts to Make Rules on Matters Other Than Procedure

Section 130 of the Code of Civil Procedure, 1908 deals with a limited rule-making power of certain High Courts concerning matters other than procedure. The power is subject to prior approval of the State Government and is linked to Article 227 of the Constitution of India.

Text of Section 130 CPC

The provision is reproduced from the supplied statutory text. For authoritative consolidated wording and any applicable amendments, consult the official legislation portal.

Meaning and purpose of Section 130

The section addresses non-procedural rules within the scope described by the statute. It does not give every High Court an unrestricted authority to legislate: the type of High Court, the requirement for governmental approval, the connection with Article 227, and the territorial qualification all matter.

Key conditions

1. Specified High Courts: The power concerns a High Court to which Section 129 CPC does not apply.
2. Subject matter: The rules must concern a matter other than procedure of the kind contemplated by the section.
3. Prior approval: Approval of the State Government must be obtained before the rule is made.
4. Constitutional benchmark: The subject matter must be one for which a High Court for a State might make a rule under Article 227 of the Constitution.
5. Territorial limitation: The provision expressly refers to the territory under the High Court's jurisdiction outside the limits of a presidency town.

Article 227 of the Constitution and High Court supervision

Article 227 deals with the High Court's superintendence over courts and tribunals within its territorial jurisdiction, subject to the terms and exceptions in that Article. It includes powers concerning returns, general rules and forms for regulating practice and proceedings, and certain matters relating to court officers. Section 130 uses Article 227 as a reference point for the category of non-procedural rules that may be made under the CPC provision.

Article 227 and Section 130 should be read together with the governing constitutional provisions and any applicable High Court rules. The reference to Article 227 does not remove the express prior State Government approval requirement in Section 130.

How Section 130 differs from related CPC provisions

• Section 122 CPC concerns the power of certain High Courts to make procedural rules.
• Section 125 CPC addresses procedural rule-making powers of other High Courts.
• Section 126 CPC provides for approval of rules made under the preceding provisions.
• Section 127 CPC addresses publication and effect of rules made and approved under those provisions.
• Section 129 CPC concerns rules for the High Court's own original civil procedure, while Section 130 expressly concerns matters other than procedure.
• Section 131 CPC concerns publication of rules made under Sections 129 or 130.

Practical significance

When determining whether a High Court rule can be traced to Section 130, examine the issuing High Court, the rule's subject matter, the relevant territorial scope, and evidence of prior State Government approval. Also check the rule's official publication and any later amendments or replacements. A general description of the High Court's powers is not a substitute for examining the applicable rule itself.

Frequently asked questions

This article provides general legal information and does not replace advice on the rules applicable to a particular court or proceeding.