Code
Section 125. Power of other High Courts to make rules.—
High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions as the State Government may determine:
Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.
Explanation of Section 125 CPC
Section 125 of the Code of Civil Procedure, 1908 extends the rule-making power to High Courts that are not covered under Section 122. While Section 122 grants certain High Courts the authority to frame procedural rules directly, Section 125 enables other High Courts to exercise similar powers under conditions determined by the State Government.
This provision ensures that every High Court has the ability to regulate civil court procedures within its jurisdiction. As a result, procedural rules can be adapted to meet local judicial and administrative requirements.
Rule-Making Power of Other High Courts
High Courts that are outside the scope of Section 122 are not left without authority. Instead, Section 125 allows them to frame procedural rules by following the conditions prescribed by the State Government.
These rules may regulate the practice and procedure of the High Court as well as the civil courts under its supervision.
Role of the State Government
Unlike the High Courts mentioned in Section 122, the High Courts covered by Section 125 exercise their rule-making powers subject to the conditions fixed by the State Government.
The State Government determines the manner in which these powers should be exercised. This arrangement ensures that procedural reforms remain consistent with the applicable legal framework.
Adoption of Rules Made by Another High Court
Section 125 also provides flexibility by allowing a High Court to adopt procedural rules already framed by another High Court.
Before adopting such rules, the High Court must publish the proposed rules in advance. This requirement promotes transparency and gives interested persons an opportunity to examine the proposed changes.
Consequently, High Courts do not need to draft every procedural rule from the beginning. They may adopt well-functioning rules already in force elsewhere whenever those rules suit local requirements.
Purpose of Section 125 CPC
The main objective of Section 125 CPC is to ensure procedural uniformity while allowing flexibility for different High Courts.
The provision enables High Courts to improve court procedures without duplicating efforts. It also encourages consistency in civil litigation by permitting the adoption of proven procedural rules from other jurisdictions.
Importance of Section 125 CPC
Section 125 strengthens the administration of civil justice by ensuring that all High Courts possess adequate rule-making authority.
Moreover, it promotes efficiency because High Courts can adopt tested procedural rules instead of preparing entirely new ones. At the same time, the requirement of previous publication safeguards transparency and public confidence in the rule-making process.
Illustration
A High Court not covered under Section 122 wishes to introduce rules for electronic filing of civil cases. Instead of drafting fresh rules, it adopts similar rules already implemented by another High Court. After publishing the proposal and completing the prescribed procedure, the adopted rules become applicable within its jurisdiction.
In another case, a High Court frames procedural rules for subordinate civil courts by complying with the conditions prescribed by the State Government. These rules help simplify case management and improve the efficiency of civil proceedings.
Common Questions and Answers
1. What is the purpose of Section 125 CPC?
Answer:
Section 125 empowers High Courts not covered under Section 122 to frame procedural rules under conditions determined by the State Government.
2. Can a High Court adopt rules made by another High Court?
Answer:
Yes. After previous publication, a High Court may extend the application of rules already made by another High Court within its own jurisdiction.
3. Why is previous publication required?
Answer:
Previous publication promotes transparency by informing stakeholders about the proposed rules before they come into force.
4. Why is Section 125 CPC important?
Answer:
Section 125 ensures that every High Court has the authority to regulate civil procedure while encouraging uniformity, efficiency, and flexibility in judicial administration.
Conclusion
Section 125 CPC ensures that High Courts not covered by Section 122 also have the power to frame procedural rules for civil courts. It allows these High Courts to exercise their authority according to conditions prescribed by the State Government and permits them to adopt rules framed by other High Courts after following the required procedure. This provision promotes consistency, flexibility, and efficiency in the administration of civil justice while maintaining transparency in the rule-making process.
