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

The High Court of a State wants to change the procedure followed by the subordinate Civil Courts under its superintendence and also to amend an Order in the First Schedule of the Code of Civil Procedure, 1908. Which of the following correctly describes its power under Section 122?

Under Section 122, the High Court may, after previous publication, make rules for its own procedure and that of subordinate Civil Courts, and may annul, alter or add to the rules in the First Schedule. Previous publication is required and State Government consent is not mentioned.

  1. AIt may make such rules only after previous publication, and may annul, alter or add to the rules in the First ScheduleCorrect
  2. BIt may make such rules without previous publication, but cannot touch the First Schedule
  3. CIt may make rules only for its own procedure, not for subordinate Civil Courts
  4. DIt may amend the First Schedule only with the prior consent of the State Government

Explanation

Section 122 lets the specified High Courts, from time to time after previous publication, make rules regulating their own procedure and that of Civil Courts subject to their superintendence. They may by such rules annul, alter or add to the First Schedule rules. The option dropping publication or the First Schedule power misstates the section.

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