Tuesday, 6 April 2021

Section 129 CPC - Code of Civil Procedure - Power of High Court to make rules as to their original Civil Procedure.

 Section 129 CPC Description

Notwithstanding anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2[or Order] 3[or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.


Comments


Rules regulating procedure of High Court on its original side need not be consistent with provisions of the Code of Civil Procedure, 1908; Tridium India Telecom Ltd. v. Motorola Inc., AIR 2005 SC 514.


1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "for a Part a State or a Part B State".


2. Ins. By the A.O. 1950.


3. Ins. By Act 2 of 1951, sec. 17 (w.e.f. 1-4-1951).


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