Section 122 CPC — Power of Certain High Courts to Make Rules

Introduction

Section 122 of the Code of Civil Procedure, 1908 deals with the power of certain High Courts to make rules regulating their own procedure and the procedure of civil courts subordinate to them.

The provision is an important part of Part X of the CPC, which deals with the rule-making powers of High Courts and other authorities.

Section 122 enables specified High Courts to make rules concerning civil procedure. These rules may annul, alter or add to the rules contained in the First Schedule, subject to the limitations prescribed by the Code.

Section at a Glance

Particular	Details
Section	Section 122 CPC
Subject	Power of Certain High Courts to Make Rules
Part	Part X
Nature	Rule-making provision
Main Purpose	To regulate civil procedure through rules
Authority	Certain High Courts
Related Sections	Sections 121–127

Statutory Provision

Section 122. Power of certain High Courts to make rules.—High Courts not being the High 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.

Meaning of Section 122 CPC

Section 122 gives certain High Courts the power to make procedural rules.

These rules may regulate:

• The procedure followed by the High Court itself; and
• The procedure followed by civil courts subordinate to that High Court.

The provision also permits such High Courts to modify the procedural rules contained in the First Schedule by annulling, altering or adding to them.

Therefore, Section 122 recognises that the detailed requirements of civil procedure may need to be adapted to the functioning of different High Courts and their subordinate courts.

Object of Section 122

The main objectives of Section 122 are:

• To provide High Courts with procedural rule-making power.
• To regulate the procedure of subordinate civil courts.
• To allow procedural rules to be adapted according to local requirements.
• To permit modification of the rules contained in the First Schedule.
• To promote effective and orderly administration of civil justice.

Powers Granted Under Section 122

Section 122 provides two important powers.

1. Power to Regulate Procedure

The High Court may make rules regulating:

• Its own procedure; and
• The procedure of civil courts subject to its superintendence.

This enables the High Court to establish procedural requirements suitable for the courts within its jurisdiction.

2. Power to Modify First Schedule Rules

The High Court may, through such rules:

• Annul rules;
• Alter rules; or
• Add new rules

to the rules contained in the First Schedule.

This is an important aspect of Section 122.

Meaning of Annul, Alter and Add

Annul

To annul a rule means to cancel or repeal its operation.

Alter

To alter a rule means to modify or change its existing form or operation.

Add

To add a rule means to introduce an additional procedural rule to supplement the existing rules.

Therefore, Section 122 gives High Courts considerable flexibility in regulating civil procedure.

Requirement of Previous Publication

Section 122 requires that the rules must be made after previous publication.

Previous publication means that the proposed rules must be published in the prescribed manner before they are finally made.

This requirement promotes:

• Transparency;
• Opportunity for consideration of objections or suggestions; and
• Proper procedural rule-making.

High Courts Covered by Section 122

The provision refers to:

High Courts not being the High Court of a Judicial Commissioner.

This wording reflects the historical structure of the Indian judicial system when the CPC was enacted.

The provision must therefore be understood in the context of the historical classification of superior courts under the CPC.

Section 122 and the First Schedule

Section 121 provides that the rules in the First Schedule have effect as if enacted in the body of the CPC.

Section 122 then gives certain High Courts the power to annul, alter or add to those rules through the rule-making authority granted by the Code.

Thus, the two provisions are closely connected.

Section 121 — Legal effect of First Schedule rules

Section 122 — Power to modify First Schedule rules

Section 122 and Subordinate Courts

The rule-making power under Section 122 is not restricted to the High Court’s own procedure.

The High Court may also make rules regulating the procedure of civil courts subject to its superintendence.

Therefore, Section 122 plays an important role in maintaining procedural uniformity within the subordinate civil judiciary.

Example

Suppose the First Schedule prescribes a general procedure for a particular stage of a civil suit.

If a High Court considers that a different procedural arrangement is necessary for the courts under its superintendence, it may, subject to the requirements of the CPC, make an appropriate rule altering or supplementing the First Schedule provision.

This allows procedural law to respond to the practical requirements of the courts.

Section 122 and Section 123

Section 122 gives the High Court the substantive power to make rules.

Section 123 deals with the constitution of the Rule Committee for certain High Courts.

Therefore:

Section 122 — Power to make rules

Section 123 — Constitution of Rule Committee

The two provisions should be studied together.

Section 122 and Section 127

Section 127 deals with the continuation of existing rules and orders made under earlier laws relating to civil procedure, subject to the provisions of the CPC.

Thus, Sections 122 and 127 are connected with the continuity and development of procedural rules.

Practical Importance

Section 122 is important because civil procedure cannot always be regulated effectively through a single uniform set of rules for every court.

High Courts supervise large numbers of subordinate courts and may therefore require procedural rules adapted to their jurisdiction.

The rule-making power under Section 122 helps High Courts respond to such procedural requirements.

Important Points for Judiciary Exams

• Section 122 CPC deals with the Power of Certain High Courts to Make Rules.
• It is contained in Part X of the CPC.
• High Courts may make rules regulating their own procedure.
• High Courts may also regulate the procedure of civil courts subject to their superintendence.
• The rules must be made after previous publication.
• High Courts may annul, alter or add to rules contained in the First Schedule.
• Section 122 is closely connected with Section 121.
• Section 123 deals with the constitution of the Rule Committee.

Important Questions for Exams

1. Explain the rule-making power of High Courts under Section 122 CPC.
2. What is the object of Section 122?
3. What does Section 122 mean by regulating the procedure of civil courts?
4. Can a High Court alter the rules contained in the First Schedule?
5. What is meant by annul, alter or add under Section 122?
6. Why is previous publication required?
7. Explain the relationship between Sections 121 and 122.
8. Explain the relationship between Sections 122 and 123.

Key Takeaways

Concept	Principle
Section 122	Power of Certain High Courts to Make Rules
Part	Part X
Authority	Certain High Courts
Procedure	High Court and subordinate civil courts
Requirement	Previous publication
First Schedule	Rules may be annulled, altered or added to
Section 121	Effect of First Schedule rules
Section 123	Constitution of Rule Committee

ALSO READ: Section 121 – Effect of Rules in First Schedule

Conclusion

Section 122 CPC gives certain High Courts the power to make rules regulating their own procedure and the procedure of subordinate civil courts. It also permits them, through such rules, to annul, alter or add to the rules contained in the First Schedule.

The provision is important because it allows civil procedure to be adapted to the practical requirements of different High Courts and their subordinate courts while maintaining a statutory framework under the CPC.

For examination purposes, remember:

Section 121 — Effect of Rules in First Schedule
Section 122 — Power of Certain High Courts to Make Rules
Section 123 — Constitution of Rule Committees
Section 124 — Other Rule-making Powers