Section 122 CPCCode
Section 122. Power of certain High Courts to make rules.—
High Courts (not being the Court of a Judicial Commissioner) may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
Explanation of Section 122 CPC
Section 122 of the Code of Civil Procedure, 1908 empowers certain High Courts to frame rules governing civil procedure. It allows these High Courts to regulate not only their own civil proceedings but also the procedure followed by the civil courts under their supervisory jurisdiction.
The provision also authorizes High Courts to modify the procedural rules contained in the First Schedule of the CPC. They may add new rules, amend existing ones, or remove rules that no longer meet practical or administrative needs. However, they must follow the prescribed legal procedure before making any such changes.
Rule-Making Authority of High Courts
Section 122 recognizes that procedural requirements may vary from one State to another. Therefore, it grants High Courts the flexibility to frame procedural rules that suit the needs of their respective jurisdictions.
This power enables High Courts to improve court administration while maintaining consistency with the objectives of the Code of Civil Procedure.
Requirement of Previous Publication
Before introducing new procedural rules or amending existing ones, the High Court must publish the proposed rules in advance.
This process, known as previous publication, promotes transparency. It also allows members of the legal profession and other stakeholders to examine the proposed rules before they come into force.
Power to Amend the First Schedule
The First Schedule of the CPC contains the Orders and Rules that govern civil proceedings. Section 122 authorizes High Courts to:
- Add new procedural rules.
- Modify existing rules.
- Remove rules that require revision.
These changes must comply with the provisions contained in Part X of the CPC.
Purpose of Section 122 CPC
The main purpose of Section 122 CPC is to provide procedural flexibility while maintaining an effective system of civil justice.
Instead of applying identical procedural rules in every situation, the law allows High Courts to adapt procedures according to local requirements. As a result, courts can improve efficiency without affecting the fundamental principles of civil procedure.
Importance of Section 122 CPC
Section 122 plays an important role in the administration of civil justice. It allows High Courts to modernize procedural rules and respond to changing legal and technological developments.
Moreover, the provision promotes better case management and helps civil courts function more efficiently. At the same time, it preserves uniformity by requiring all amendments to follow the legal framework established by the CPC.
Illustration
A High Court finds that electronic filing of civil cases will improve judicial efficiency. After publishing the proposed amendments and following the prescribed procedure, it introduces new procedural rules for e-filing. These rules regulate proceedings before the High Court as well as the subordinate civil courts under its supervision.
In another instance, a High Court modifies a procedural rule in the First Schedule to simplify the service of notices. Once the amendment becomes effective, all civil courts under that High Court follow the revised procedure.
Common Questions and Answers
1. What is the purpose of Section 122 CPC?
Answer:
Section 122 empowers certain High Courts to frame procedural rules for themselves and the civil courts under their supervision.
2. Can High Courts amend the First Schedule of the CPC?
Answer:
Yes. High Courts may add to, alter, or annul the rules contained in the First Schedule by following the procedure prescribed under the Code.
3. Why is previous publication necessary?
Answer:
Previous publication ensures transparency and gives interested persons an opportunity to review the proposed procedural rules before they become effective.
4. Why is Section 122 CPC important?
Answer:
Section 122 allows High Courts to improve procedural efficiency while ensuring that civil court procedures remain consistent with the framework of the Code of Civil Procedure.
Conclusion
Section 122 CPC grants certain High Courts the authority to regulate their own civil procedure and the procedure of subordinate civil courts. It also empowers them to amend the procedural rules contained in the First Schedule after following the prescribed legal process. This provision ensures that civil procedure remains practical, efficient, and responsive to changing judicial needs while preserving the overall structure of the Code of Civil Procedure.
