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

Mehta & Co., a Mumbai firm, wants to know which provision allows a High Court to frame its own rules for procedure in the exercise of its original civil jurisdiction, notwithstanding anything in the Code of Civil Procedure, 1908. Which section of the Code gives this power?

Section 129 of the Code of Civil Procedure, 1908 empowers a High Court, not being the court of a Judicial Commissioner, to make rules regulating its own procedure in original civil jurisdiction, provided they are not inconsistent with its Letters Patent, order or other law.

  1. ASection 129Correct
  2. BSection 43
  3. CSection 29
  4. DSection 78

Explanation

Section 129 lets a High Court (other than the court of a Judicial Commissioner) make rules, not inconsistent with its Letters Patent, order or other law, to regulate its own procedure in original civil jurisdiction. Section 43 concerns execution of decrees from places where the Code does not extend. Section 29 concerns service of foreign summonses. Section 78 concerns commissions issued by foreign courts.

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