Section 125 CPC — Power of Other High Courts to Make Rules

Introduction

Section 125 of the Code of Civil Procedure, 1908 deals with the rule-making power of High Courts other than those specifically covered by Section 122.

Section 122 gives certain High Courts power to make rules regulating their own procedure and the procedure of the Civil Courts subordinate to them. Section 125 extends a corresponding power to other High Courts, but subject to the manner and conditions determined by the State Government.

The provision also contains an important proviso. A High Court covered by Section 125 may, after previous publication, extend within its territorial jurisdiction rules that have already been made by another High Court.

Section at a Glance

Particular	Details
Section	Section 125 CPC
Subject	Power of other High Courts to make rules
Nature	Procedural
Main purpose	To confer rule-making power on High Courts not specified in Section 122
Important condition	Exercise of the power is subject to the manner and conditions determined by the State Government
Proviso	Allows adoption or extension of rules made by another High Court after previous publication
Related provisions	Sections 122, 124, 126, 127 and 128 CPC

Statutory Provision

Section 125 provides:

“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.”

The proviso further provides 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.”

The provision therefore contains two parts:

1. A general rule-making power for High Courts not covered by Section 122, subject to conditions determined by the State Government.
2. A specific power to extend rules made by another High Court, provided the required previous publication takes place.

Meaning of Section 125 CPC

Put simply, Section 125 allows High Courts that are outside the category mentioned in Section 122 to exercise the rule-making powers contemplated by Section 122.

However, the power is not stated to be exercised entirely without conditions. The manner in which, and the conditions subject to which, the power is exercised may be determined by the State Government.

The proviso provides additional flexibility. A High Court may adopt or extend rules already made by another High Court within its own local jurisdiction, but it must first comply with the requirement of previous publication.

Purpose and Object of Section 125

The purpose of Section 125 is to provide a statutory mechanism through which other High Courts can regulate civil procedure through rules.

The provision recognises that procedural requirements may need to be adapted to the administrative and procedural circumstances of different High Courts and their subordinate Civil Courts.

The proviso also avoids the need for a High Court to formulate an entirely new rule where an appropriate rule has already been made by another High Court. Subject to previous publication, such a rule can be extended within the High Court’s own local jurisdiction.

Essential Requirements of Section 125

1. The High Court must be one not specified in Section 122

Section 125 applies to:

High Courts other than the Courts specified in Section 122.

The distinction between Sections 122 and 125 is therefore central to understanding this provision.

2. The High Court may exercise the powers conferred by Section 122

The power available under Section 125 is the power conferred by Section 122.

Therefore, Section 125 should not be read independently of Section 122. Section 122 provides the nature of the rule-making power, while Section 125 deals with its exercise by other High Courts.

3. The power is subject to conditions determined by the State Government

The High Court exercises the power under Section 125 in such manner and subject to such conditions as the State Government may determine.

This is an express statutory qualification on the exercise of the power.

4. Special requirement for extending another High Court’s rules

Under the proviso, a High Court may extend rules made by another High Court within its local jurisdiction.

However, previous publication is required before such a rule is made.

How Section 125 CPC Works

The operation of the main provision can be understood in this sequence:

1. Identify whether the High Court falls outside the category specified in Section 122.
2. If Section 125 applies, the High Court may exercise the relevant rule-making powers conferred by Section 122.
3. The power must be exercised in the manner and subject to the conditions determined by the State Government.
4. If the High Court wishes to extend rules already made by another High Court, the proviso becomes relevant.
5. In that situation, the proposed rule must undergo previous publication.

The Proviso to Section 125

The proviso is particularly important because it permits one High Court to extend rules that have already been made by another High Court.

What does “previous publication” mean?

The rule cannot simply be adopted without the publication process required by the provision.

The purpose is to give the proposed rule public notice before the High Court makes the rule extending the other High Court’s rules within its own jurisdiction.

Why is this important?

Procedural rules affect the manner in which civil proceedings are conducted. Previous publication provides an opportunity for the proposed rule to be made known before it takes effect through the rule-making process.

Statutory Rule and Judicial Interpretation

What the CPC provides

Section 125 expressly permits High Courts other than those specified in Section 122 to exercise the powers conferred by Section 122, subject to the manner and conditions determined by the State Government.

The proviso separately permits such a High Court, after previous publication, to make a rule extending within its local jurisdiction rules made by another High Court.

Judicial interpretation

Section 125 primarily operates as a statutory allocation of rule-making authority. Its interpretation must therefore be understood alongside the provisions dealing with the nature, approval and publication of rules made under Part X of the CPC.

The important point for students is that Section 125 does not create an unrestricted rule-making power. The power is expressly linked to Section 122 and is subject to the statutory conditions contained in Section 125 and the subsequent provisions governing approval and publication.

Related Provisions

Section 122 — Power of Certain High Courts to Make Rules

Section 122 identifies the High Courts to which its rule-making power directly applies.

Section 125 deals with High Courts other than those specified in Section 122 and permits them to exercise the powers conferred by Section 122 subject to the conditions stated in Section 125.

Section 124 — Committee to Report to High Court

Section 124 concerns the Rule Committee’s report to the High Court in relation to proposals concerning rules in the First Schedule or new rules.

It is particularly relevant when studying the rule-making mechanism applicable to the High Courts covered by Section 122.

Section 126 — Rules to Be Subject to Approval

Section 126 provides that rules made under the foregoing provisions are subject to the required previous approval of the appropriate Government.

Section 125 should therefore not be treated as the end of the rule-making process.

Section 127 — Publication of Rules

Rules made and approved under the relevant provisions must be published in the Official Gazette and acquire the force and effect specified by the section.

Section 128 — Matters for Which Rules May Provide

Section 128 specifies the matters for which rules may provide and places substantive limits on the rule-making power.

Section 125 and Section 122 — Key Difference

Basis	Section 122	Section 125
High Courts covered	High Courts specified in Section 122	Other High Courts
Rule-making power	Directly confers the relevant power	Allows other High Courts to exercise the powers conferred by Section 122
Conditions	Subject to the statutory framework governing the power	Specifically subject to the manner and conditions determined by the State Government
Special feature	Provides the basic rule-making power	Proviso permits extension of another High Court’s rules after previous publication

Easy way to remember

Section 122 = Certain High Courts

Section 125 = Other High Courts

Practical Example

Example: Suppose a High Court falls outside the category of High Courts specified in Section 122. It wishes to frame procedural rules for the Civil Courts under its jurisdiction.

Section 125 permits that High Court to exercise the relevant rule-making power under Section 122, but the exercise of that power remains subject to the manner and conditions determined by the State Government.

Now suppose another High Court has already framed a procedural rule that the first High Court considers suitable. Under the proviso to Section 125, the first High Court may make a rule extending that existing rule within its own local jurisdiction, provided the requirement of previous publication is satisfied.

Practical Importance in Civil Litigation

Section 125 is relevant to the procedural framework governing Civil Courts under different High Courts.

For advocates, it helps explain why procedural rules may differ between jurisdictions even though the CPC is a central legislation.

For law students, it is particularly useful when studying:

• High Court rule-making powers;
• procedural rules applicable to subordinate Civil Courts;
• the First Schedule to the CPC;
• the relationship between Sections 122 and 125; and
• the approval and publication requirements under Sections 126 and 127.

Common Confusion: Section 125 vs Section 129

These provisions should not be treated as interchangeable.

Section 125 concerns the power of other High Courts to exercise the rule-making powers referred to in Section 122.

Section 129, on the other hand, deals specifically with the power of a High Court to regulate its own procedure in the exercise of its original civil jurisdiction.

The two provisions therefore operate in different contexts.

Importance for Law Students and Judiciary Exams

The central examination point is the distinction between Section 122 and Section 125.

What to Remember

1. Section 125 applies to High Courts other than those specified in Section 122.
2. Such High Courts may exercise the powers conferred by Section 122.
3. The power is exercised in the manner and subject to the conditions determined by the State Government.
4. The proviso permits a High Court to extend rules made by another High Court within its local jurisdiction.
5. Previous publication is required for such extension.
6. Sections 125, 126 and 127 should be studied together to understand the broader rule-making process.

Important Questions to Prepare

1. What is the object of Section 125 CPC?
2. Which High Courts are covered by Section 125?
3. What is the relationship between Sections 122 and 125 CPC?
4. What conditions govern the exercise of power under Section 125?
5. Explain the proviso to Section 125 regarding rules made by another High Court.
6. What is meant by previous publication under Section 125?
7. Distinguish Section 125 from Section 129 CPC.

Key Legal Principles

1. Section 125 extends the rule-making framework to other High Courts

High Courts outside the category specified in Section 122 may exercise the powers conferred by that section.

2. The power is subject to statutory conditions

The High Court does not exercise the power under Section 125 independently of the conditions prescribed by the provision.

3. Another High Court’s rules may be extended

The proviso permits a High Court to extend rules made by another High Court within its local jurisdiction.

4. Previous publication is mandatory for the proviso

The power to extend another High Court’s rules is expressly conditioned upon previous publication.

5. Sections 125 to 127 form part of a broader rule-making framework

The exercise of rule-making power must be considered together with the provisions concerning approval and publication.

Key Takeaways

Concept	Principle
Section	Section 125 CPC
Main rule	Other High Courts may exercise the powers conferred by Section 122
Condition	Manner and conditions may be determined by the State Government
Proviso	A High Court may extend rules made by another High Court
Safeguard	Previous publication is required for such extension
Related provisions	Sections 122, 126, 127 and 128
Main distinction	Section 122 concerns specified High Courts; Section 125 concerns other High Courts

ALSO READ: Section 124 – Committee to Report to High Court

Conclusion

Section 125 gives High Courts outside the category specified in Section 122 a statutory route to exercise the rule-making powers associated with Section 122. The power is subject to the conditions determined by the State Government.

Its proviso adds an important facility: a High Court may, after previous publication, extend within its local jurisdiction rules already made by another High Court.

For revision, remember the provision in one line:

Section 125 allows other High Courts to exercise Section 122’s rule-making power, subject to prescribed conditions, and permits them to extend another High Court’s rules after previous publication.