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

A High Court wishes to frame rules for its own procedure in the exercise of its original civil jurisdiction. Which statement correctly reflects the Code's position?

A High Court may make rules for its original civil procedure as it thinks fit, even notwithstanding the Code, but those rules must not be inconsistent with the Letters Patent, order or other law that establishes it.

  1. AIt may make such rules as it thinks fit, not inconsistent with the Letters Patent or order or other law establishing it, notwithstanding anything in the CodeCorrect
  2. BIt may make rules only with the prior approval of the Code's First Schedule committee
  3. CIt may make rules inconsistent with its Letters Patent if the Code is silent
  4. DIt cannot make any such rules because the Code exhaustively governs original civil procedure

Explanation

Section 129 empowers a High Court to make rules regulating its original civil procedure as it thinks fit, notwithstanding the Code, but the rules must not be inconsistent with the Letters Patent, order or other law establishing it. The option allowing inconsistency with the Letters Patent contradicts this limit.

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