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

A High Court wishes to make rules regulating its own procedure in its original civil jurisdiction. Which statement correctly reflects the Code of Civil Procedure, 1908?

A High Court, other than the court of a Judicial Commissioner, may make rules regulating procedure in its original civil jurisdiction under Section 129. The rules must not be inconsistent with the Letters Patent, order or other law establishing that court.

  1. AUnder Section 129, a High Court (not being the court of a Judicial Commissioner) may make such rules, not inconsistent with the Letters Patent, order or other law establishing itCorrect
  2. BSection 129 allows such rules even if they contradict the Letters Patent
  3. CSection 129 applies only to the court of a Judicial Commissioner
  4. DSuch rules need approval of the Parliament before taking effect

Explanation

Section 129 empowers a High Court, not being the court of a Judicial Commissioner, to make rules for its original civil procedure, provided they are not inconsistent with the Letters Patent, order or other law establishing it. The contradiction option is wrong and the Judicial Commissioner option reverses the exclusion.

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