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

A High Court wishes to frame rules to regulate its procedure in the exercise of its original civil jurisdiction. Under Section 129, what limit applies to such rules?

Section 129 lets a High Court make rules for its original civil procedure as it thinks fit, provided they are not inconsistent with the Letters Patent, order or other law establishing it. No approval from the Supreme Court or State Government is required.

  1. AThey must be approved by the Supreme Court before use
  2. BThey must not be inconsistent with the Letters Patent, order or other law establishing the High CourtCorrect
  3. CThey must follow the First Schedule without any alteration
  4. DThey may be made only after previous approval of the State Government

Explanation

Section 129 permits a High Court to make rules it thinks fit for its original civil jurisdiction, notwithstanding the Code, provided they are not inconsistent with the Letters Patent, order or other law establishing it. No Supreme Court or State Government approval is mentioned. It also preserves rules already in force at commencement.

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