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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A High Court exercising original civil jurisdiction under Letters Patent frames a rule on its original side procedure that conflicts with a provision of those Letters Patent. A litigant challenges the rule. Based on section 129 of the Code of Civil Procedure, 1908, what is the correct conclusion?

The rule is outside the power conferred. Section 129 permits rules regulating original side procedure only if they are not inconsistent with the Letters Patent, order or other law establishing the High Court. Overriding the Code is allowed, but overriding the Letters Patent is not.

  1. AThe rule is valid because section 129 applies notwithstanding anything in the Code, and the Letters Patent yield to the rule
  2. BThe rule is valid only if the State Government approves it
  3. CThe rule is not within the power conferred, because the rules must not be inconsistent with the Letters Patent, order or other law establishing the CourtCorrect
  4. DThe rule is invalid only because it was not previously published

Explanation

Section 129 operates notwithstanding the Code, but the rules must be not inconsistent with the Letters Patent, order or other law establishing the Court. A conflicting rule therefore goes beyond the power. State Government approval and previous publication are not conditions stated in section 129; those appear in other sections.

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