CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework
A High Court (not the court of a Judicial Commissioner) wishes to frame rules regulating its own procedure and the procedure of the civil courts subject to its superintendence, including altering rules in the First Schedule. Which provision empowers this, and what condition applies?
Section 122 empowers High Courts, other than the court of a Judicial Commissioner, to make rules after previous publication regulating their own procedure and that of subordinate civil courts under their superintendence, and to annul, alter or add to First Schedule rules.
- ASection 122, rules may be made from time to time after previous publicationCorrect
- BSection 129, rules may be made without any publication
- CSection 116, which allows rules only for subordinate courts
- DSection 43, which allows rules only for execution of decrees
Explanation
Section 122 lets such High Courts, from time to time after previous publication, make rules regulating their own procedure and that of civil courts subject to their superintendence, and annul, alter or add to the First Schedule rules. Section 129 concerns only the High Court's own original civil procedure.
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