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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A High Court exercises original civil jurisdiction under its Letters Patent. Under the Code of Civil Procedure, 1908, regarding procedure in that jurisdiction, which is correct?

A High Court may make rules to regulate its own procedure in original civil jurisdiction as it thinks fit, provided the rules are not inconsistent with the Letters Patent, order or other law establishing it. The Code does not override this power.

  1. AIt may make rules, not inconsistent with the Letters Patent, order or other law establishing it, to regulate its own procedure in original civil jurisdiction as it thinks fitCorrect
  2. BIt must follow the Code strictly and cannot frame any rules of its own
  3. CIt may make rules only with the prior approval of the Supreme Court
  4. DIt may make rules even if they are inconsistent with the Letters Patent

Explanation

Section 129 lets a High Court, notwithstanding anything in the Code, make rules to regulate its own procedure in original civil jurisdiction, provided they are not inconsistent with the Letters Patent, order or other law establishing it. No Supreme Court approval is mentioned, and inconsistency is barred.

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