Skip to content

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

A High Court wishes to frame rules regulating its procedure in the exercise of its original civil jurisdiction. A lawyer argues that the rules must strictly follow the Code of Civil Procedure, 1908. Under Section 129, which statement is correct?

Section 129 allows a High Court to make such rules as it thinks fit for its original civil jurisdiction procedure, notwithstanding the Code, so long as they are not inconsistent with the Letters Patent, order or other law establishing it.

  1. AThe rules must be identical to the First Schedule rules
  2. BThe High Court may make such rules as it thinks fit, notwithstanding anything in the Code, provided they are not inconsistent with the Letters Patent, order or other law establishing itCorrect
  3. CThe rules require the previous approval of the State Government in every case
  4. DThe rules may override the Letters Patent establishing the High Court

Explanation

Section 129 begins with 'Notwithstanding anything in this Code' and allows the High Court to make rules for its original civil jurisdiction as it thinks fit. The only limit is that they must not be inconsistent with the Letters Patent, order or other law establishing it. So the Code does not bind it, but the establishing instrument does.

Did you get it right without looking?

One question tells you little. A timed set on Judicial and Administrative Framework shows your real accuracy, how long you take and where you lose marks.

Practise Judicial and Administrative FrameworkFree diagnostic mock

More Judicial and Administrative Framework questions