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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

Which statement about the rule-making power of High Courts over original civil procedure under Section 129 is correct?

A High Court may frame rules regulating its own procedure in original civil jurisdiction, provided they are not inconsistent with the Letters Patent, order or other law establishing it. Section 129 also preserves the validity of rules already in force at commencement.

  1. AA High Court may make rules to regulate its own procedure in its original civil jurisdiction, not inconsistent with the Letters Patent or order or other law establishing itCorrect
  2. BA High Court may make such rules even if inconsistent with the Letters Patent establishing it
  3. COnly the Supreme Court may frame such rules for High Courts
  4. DThe Code invalidates all such rules in force at its commencement

Explanation

Section 129 empowers High Courts, notwithstanding the Code, to make rules for their original civil procedure, provided they are not inconsistent with the Letters Patent, order or other law establishing them. Rules in force at commencement remain valid.

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