Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Rule-Making Power of High Courts under Sections 122 and 129 CPC

Updated 11 October 2026 · Fact-checked

Section 122 CPC lets certain High Courts, after previous publication, make rules on their own procedure and that of Civil Courts under their superintendence, and alter the First Schedule. Section 129 lets a High Court make rules for its original civil jurisdiction, if not inconsistent with its Letters Patent, order or other law.

Understand Rule-Making Power of High Courts (Sections 122 and 129)

The Code of Civil Procedure, 1908 sets out the main procedure for civil suits. But courts also need detailed local rules for filing, listing, service and similar matters. The Code gives High Courts the power to make those rules. That is why procedure differs a little from one High Court to another.

Section 122 is the general power. A High Court covered by it (not being the court of a Judicial Commissioner) may, from time to time and after previous publication, make rules regulating (a) its own procedure and (b) the procedure of Civil Courts subject to its superintendence. It may also annul, alter or add to the rules in the First Schedule. The First Schedule holds the Orders and Rules of the Code, so this is a real power over the working rules of civil procedure.

Section 129 is the special power for original civil jurisdiction. A High Court (not being the court of a Judicial Commissioner) may make such rules as it thinks fit to regulate its own procedure in the exercise of its original civil jurisdiction. The rules must not be inconsistent with the Letters Patent, order or other law establishing it. It works notwithstanding anything in the Code. Rules already in force when the Code began stay valid.

The Code also builds the machinery around the power. Under Section 123, a Rule Committee is constituted at the usual place of sitting of the High Courts referred to in Section 122. Under the central text of Section 123(2), it includes three High Court Judges (at least one of whom has served as a District Judge or Divisional Judge for three years), two legal practitioners enrolled in that Court, and a Judge of a subordinate Civil Court. State amendments modify this composition. For example, in Assam the Chief Justice may appoint only two Judges if the High Court has no more than three Judges, and in Tamil Nadu the Committee has three legal practitioners. Under Section 124, the Committee reports on any proposal to annul, alter or add to the First Schedule rules or to make new rules. Before making rules under Section 122, the High Court must take that report into consideration.

Section 125 deals with High Courts other than those specified in Section 122. They may exercise the Section 122 powers in the manner and subject to the conditions the State Government may determine. Under its proviso, such a High Court may, after previous publication, extend within its local limits rules made by any other High Court.

Section 130 is a separate power. A High Court not covered by Section 129 may, with the previous approval of the State Government, make rules on matters other than procedure, of the kind a High Court could make under Article 227 of the Constitution.

Section 116 says that the Part of the Code in which it appears applies only to High Courts other than the court of a Judicial Commissioner.

Key rules to remember

Section 122 power: Rules on own procedure + procedure of subordinate Civil Courts + annul/alter/add to First Schedule, after previous publication; Remember the three limbs and the condition of previous publication.
Section 129 power: Rules for original civil jurisdiction, as the High Court thinks fit, not inconsistent with Letters Patent, order or other law; Applies notwithstanding anything in the Code. Rules in force at commencement of the Code remain valid.
Rule Committee (Section 123): Central text: 3 High Court Judges (one with 3 years' service as District or Divisional Judge) + 2 legal practitioners + 1 subordinate Civil Court Judge; Members are appointed by the High Court, which also names the President. State amendments modify the composition. Assam: only two Judges if the High Court has no more than three. Tamil Nadu: three legal practitioners.
Committee report (Section 124): Report on proposal to annul, alter, add or make new rules; High Court must consider it before making rules under Section 122; The High Court must consider the report. The text does not say it must accept it.
High Courts other than those specified in Section 122 (Section 125): Section 122 powers exercised in the manner and subject to conditions the State Government may determine; Proviso: after previous publication, such a High Court may extend within its local limits rules made by another High Court.

How to solve Rule-Making Power of High Courts (Sections 122 and 129) questions

Use this method for any question on the rule-making powers of High Courts.

1Identify the kind of rule asked about: general procedure, original civil procedure, or a non-procedural matter.
2Pick the section: Section 122 for general procedure and First Schedule changes; Section 129 for original civil jurisdiction.
3State the power in plain words, quoting key phrases such as previous publication and not inconsistent with the Letters Patent.
4Add the safeguards: Rule Committee under Section 123 and its report under Section 124 (for Section 122 rules).
5Apply the facts: check which court is involved, which jurisdiction it is exercising, and whether the rule conflicts with the Letters Patent or other law.
6Mention Section 125 if the High Court is one other than those specified in Section 122. Mention Section 130 if a High Court not covered by Section 129 makes a rule on a matter other than procedure, which needs the State Government's previous approval and is of the kind a High Court could make under Article 227.
7Conclude clearly: valid, valid subject to a condition, or invalid, with the reason.

Quickest way: Three-question check

When to use it: Use when time is short and the question is a short case or a one-line difference.

Which jurisdiction? General or subordinate-court procedure points to Section 122. Original side points to Section 129.
What limit applies? Section 122: previous publication and Rule Committee report considered. Section 129: no inconsistency with Letters Patent, order or other law.
What is the result? State it in one line, then name the section.

Common mistakes in Rule-Making Power of High Courts (Sections 122 and 129)

Saying Section 122 covers only the High Court's own procedure.
Students remember the heading and skip the text.
Fix: Add the second limb: procedure of Civil Courts subject to its superintendence, plus the power over the First Schedule.
Leaving out previous publication.
It is a small phrase in the section.
Fix: Always write that Section 122 rules are made after previous publication.
Saying Section 129 rules may override the Letters Patent.
Students read 'notwithstanding anything in this Code' as unlimited.
Fix: State that the rules must not be inconsistent with the Letters Patent, order or other law establishing the court.
Applying Section 129 to rules for subordinate courts.
Both sections speak of rule-making.
Fix: Section 129 is limited to the High Court's own original civil jurisdiction.
Saying the High Court must follow the Rule Committee's report.
Students assume a binding recommendation.
Fix: Write that it must take the report into consideration before making rules under Section 122.
Mixing up Sections 122, 125 and 130.
They sit close together.
Fix: Remember: 122 general power; 125 High Courts other than those specified in Section 122, under State Government conditions; 130 a High Court not covered by Section 129, matters other than procedure, with the State Government's previous approval, of the kind a High Court could make under Article 227.

Worked examples

Example 1

A High Court wishes to add a new rule to the First Schedule of the CPC to speed up service of summons in Civil Courts under its superintendence. Advise on its power and the procedure.

Show the solution

Provision: Section 122 allows High Courts covered by it to make rules regulating their own procedure and that of Civil Courts subject to their superintendence, and to annul, alter or add to the First Schedule rules.
Analysis: Service of summons in subordinate Civil Courts is procedure of those courts, and the First Schedule holds the relevant Orders and Rules. So the proposal falls within Section 122.
Condition 1: The rule must be made after previous publication.
Condition 2: Under Section 124, the Rule Committee must report on the proposal, and the High Court must consider that report before making the rule.
Compliance point: Under Section 123, the Committee is constituted at the usual place of sitting of the High Court and includes Judges, legal practitioners and a subordinate Civil Court Judge.

Answer: The High Court may add the rule under Section 122, but only after previous publication and after considering the Rule Committee's report under Section 124.

Example 2

A High Court makes a rule for filing suits on its original side. A litigant argues the rule conflicts with the High Court's Letters Patent. Examine the validity of the rule.

Show the solution

Provision: Section 129 allows a High Court to make rules to regulate its own procedure in its original civil jurisdiction as it thinks fit, notwithstanding anything in the Code.
Limit: The rules must not be inconsistent with the Letters Patent, order or other law establishing it.
Analysis: The rule concerns original side procedure, so Section 129 is the correct source of power. The only question is inconsistency.
Application: If the rule really conflicts with the Letters Patent, it is beyond the power. If it only supplements the Letters Patent on procedure, it is valid.
Note: Rules already in force at the commencement of the Code are not affected by Section 129.

Answer: The rule is valid if it does not conflict with the Letters Patent, order or other law establishing the High Court. If it does conflict, it is invalid to that extent.

Exam tips

Quote the key phrases: previous publication, First Schedule, original civil jurisdiction, not inconsistent with Letters Patent.
In case questions, first name the jurisdiction (general or original side), then the section.
Write the Rule Committee and its report under Sections 123 and 124 as the safeguard for Section 122 rules.
Give a short conclusion line. Papers are written and case-based, so marks follow provision, analysis and conclusion.
Use plain bullets in short-answer questions to list the limbs of each section.

Practice questions from Judicial and Administrative Framework

Rule-Making Power of High Courts (Sections 122 and 129) in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Rule-Making Power of High Courts (Sections 122 and 129): frequently asked questions

What does Section 122 CPC provide?

It empowers certain High Courts to make rules, after previous publication, regulating their own procedure and that of Civil Courts under their superintendence. They may also annul, alter or add to the rules in the First Schedule.

What is the difference between Section 122 and Section 129 CPC?

Section 122 is the general power covering the High Court's procedure, subordinate Civil Courts and the First Schedule. Section 129 is limited to a High Court's original civil jurisdiction and requires that rules not be inconsistent with its Letters Patent, order or other law.

Is the Rule Committee's report binding on the High Court?

Section 124 requires the High Court to take the report into consideration before making rules under Section 122. The text does not say the High Court must adopt it.

Can a High Court make rules that go against its Letters Patent under Section 129?

No. Section 129 rules must not be inconsistent with the Letters Patent, order or other law establishing the High Court.