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

A High Court had framed rules for its original civil procedure before the Code of Civil Procedure, 1908 came into force. A litigant argues these rules became invalid on commencement of the Code because the Code is a comprehensive procedural law. What is the correct position?

The rules stay valid. Section 129 expressly provides that nothing in it affects the validity of High Court rules on original civil procedure that were in force when the Code commenced, so the litigant's argument fails.

  1. AThe rules remain valid, as nothing in Section 129 affects the validity of rules in force at the commencement of the CodeCorrect
  2. BThe rules lapse automatically unless re-approved by the Central Government
  3. CThe rules survive only to the extent they follow the Code's Orders
  4. DThe rules are void as the Code overrides all pre-existing High Court rules

Explanation

Section 129 states that nothing in it affects the validity of any such rules in force at the commencement of the Code. So the litigant's argument fails. The lapse and override options have no basis in the text.

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