CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework
A High Court wishes to alter Order rules in the First Schedule and also regulate the procedure of Civil Courts under its superintendence. Which provision, and with what condition, supports this?
Section 122 is the right provision. It permits High Courts, after previous publication, to make rules for their own procedure and that of Civil Courts under their superintendence, and to annul, alter or add to the First Schedule rules. Section 129 covers only original civil procedure.
- ASection 129, which allows rules only for original civil jurisdiction and with no publication
- BSection 5, which lets the State Government alter the First Schedule for Revenue Courts
- CSection 117, which fixes the First Schedule permanently
- DSection 122, which allows rules after previous publication, including annulling, altering or adding to First Schedule rulesCorrect
Explanation
Section 122 lets covered High Courts, from time to time after previous publication, make rules regulating their own procedure and that of subordinate Civil Courts, and annul, alter or add to the First Schedule rules. Section 129 is limited to the High Court's own original civil procedure.
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