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

A High Court that is not the court of a Judicial Commissioner wishes to frame rules for the procedure of the civil courts subject to its superintendence and to alter some rules in the First Schedule of the CPC. Which provision empowers this, and what precondition applies?

Section 122 gives such High Courts the power to make rules for their own and subordinate civil courts' procedure, and to annul, alter or add to First Schedule rules. The rules must be made after previous publication.

  1. ASection 122, with the rules made after previous publicationCorrect
  2. BSection 128, with rules made without any publication
  3. CSection 89, with rules made after reference to Lok Adalat
  4. DSection 135A, with rules made after Legislature approval

Explanation

Section 122 allows such High Courts, from time to time after previous publication, to make rules regulating their own procedure and that of subordinate civil courts, and to annul, alter or add to the First Schedule rules. Section 128 deals with matters on which rules may provide and requires consistency with the Code, but it is not the source of the power to amend the First Schedule.

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