Introduction

Section 129 of the Code of Civil Procedure, 1908 deals with the power of Chartered High Courts to make rules regulating their own procedure in the exercise of their original civil jurisdiction.

The provision is different from Sections 122–128, which primarily concern the general rule-making powers relating to the practice and procedure of Civil Courts.

Section 129 specifically recognises the special position of High Courts established by Letters Patent, commonly referred to as Chartered High Courts.

Its central idea is that such High Courts may regulate their own procedure in proceedings before them while exercising their ordinary original civil jurisdiction.

---

Section at a Glance

Particular	Details
Section	Section 129 CPC
Subject	Rules of Chartered High Courts
Nature	Procedural
Main purpose	To permit certain High Courts to regulate their own original civil procedure
Courts concerned	High Courts established by Letters Patent
Area of operation	Ordinary original civil jurisdiction
Important feature	Power to make rules notwithstanding the provisions of the CPC relating to ordinary civil procedure
Related provisions	Sections 122–128 and 130 CPC

---

Statutory Provision

Section 129 provides that:

“Notwithstanding anything in this Code, any High Court established by Letters Patent may make rules not inconsistent with the Letters Patent to regulate its own procedure in the exercise of its ordinary original civil jurisdiction.”

The provision therefore contains three important elements:

1. The High Court must be established by Letters Patent.
2. The rules must regulate the High Court’s own procedure.
3. The rules operate in relation to the High Court’s ordinary original civil jurisdiction.

The rules must also be consistent with the Letters Patent establishing the High Court.

---

Meaning of Section 129 CPC

In simple terms, Section 129 gives certain High Courts a special rule-making power over their own procedure when they are hearing civil cases in their ordinary original civil jurisdiction.

The expression “notwithstanding anything in this Code” is particularly important.

It indicates that the power under Section 129 operates notwithstanding the general procedural provisions of the CPC, subject to the requirement that the rules remain consistent with the applicable Letters Patent.

Thus, Section 129 recognises a special procedural framework for Chartered High Courts.

---

What Are Chartered High Courts?

A Chartered High Court is a High Court established under Letters Patent issued by the British Crown.

Historically, certain High Courts were created through Letters Patent and were given original as well as appellate jurisdiction.

The expression is relevant to Section 129 because the section specifically refers to:

“any High Court established by Letters Patent.”

The provision therefore preserves a special rule-making authority for such High Courts in relation to their ordinary original civil jurisdiction.

---

Purpose and Object of Section 129

The purpose of Section 129 is to preserve the ability of Chartered High Courts to regulate their own procedure when exercising their original civil jurisdiction.

The ordinary procedural provisions of the CPC apply generally to civil proceedings. However, Chartered High Courts have historically operated under their Letters Patent and their own procedural rules.

Section 129 recognises this special position.

It therefore provides procedural autonomy to the relevant High Courts while imposing an important limitation:

The rules must not be inconsistent with the Letters Patent.

---

Essential Requirements of Section 129

1. The Court must be a High Court established by Letters Patent

Section 129 applies specifically to High Courts established by Letters Patent.

Therefore, the provision is not a general rule-making power available to every court.

---

2. The High Court must regulate its own procedure

The expression “its own procedure” is important.

Section 129 is concerned with the procedure followed by the High Court itself.

This distinguishes it from provisions dealing with the general rule-making power concerning subordinate Civil Courts.

---

3. The power relates to ordinary original civil jurisdiction

The provision applies when the High Court is exercising its ordinary original civil jurisdiction.

This is an important limitation.

The section should therefore not be understood as granting a general power to regulate every type of proceeding before the High Court.

---

4. The rules must not be inconsistent with the Letters Patent

The High Court’s rule-making power is subject to the condition that the rules must be consistent with the Letters Patent.

The Letters Patent therefore remain an important source governing the jurisdiction and procedural framework of the Chartered High Court.

---

Meaning of “Notwithstanding Anything in This Code”

The opening words of Section 129 are:

“Notwithstanding anything in this Code…”

These words give Section 129 an overriding character in relation to the ordinary provisions of the CPC.

This means that a Chartered High Court exercising its ordinary original civil jurisdiction may frame rules governing its own procedure even though the CPC contains general procedural provisions.

However, the power is not unlimited.

The rules must still satisfy the express requirement that they are not inconsistent with the Letters Patent.

Easy way to remember

CPC general procedure → Section 129 special power → Letters Patent remain the limitation

---

Section 129 and Section 128

These sections should not be confused.

Basis	Section 128	Section 129
Main subject	Matters for which rules may provide	Rules of Chartered High Courts
Main focus	General procedural rule-making	High Court’s own procedure
Courts concerned	Civil Courts within the relevant rule-making framework	High Courts established by Letters Patent
Jurisdiction	General civil procedure	Ordinary original civil jurisdiction of the High Court
Important limitation	Rules must not be inconsistent with the body of the CPC	Rules must not be inconsistent with the Letters Patent

Easy way to remember

Section 128 → What matters can be regulated

Section 129 → Special procedural power of Chartered High Courts

---

Section 129 and Sections 122–128

Section 129 should be understood as a distinct provision from the general rule-making framework in Sections 122–128.

Sections 122–128

These provisions broadly deal with:

• rule-making powers;
• Rule Committees;
• reports;
• approval;
• publication; and
• matters for which procedural rules may provide.

Section 129

Section 129 specifically deals with the own procedure of Chartered High Courts exercising ordinary original civil jurisdiction.

This distinction is important because Section 129 recognises a special procedural authority attached to certain High Courts.

---

Practical Example

Example: A Chartered High Court is hearing a civil suit under its ordinary original civil jurisdiction.

The High Court has its own procedural rules governing matters such as pleadings, filing, hearings and other aspects of the conduct of proceedings.

Section 129 permits such a High Court to make rules regulating its own procedure in the exercise of that jurisdiction.

However, those rules must remain consistent with the Letters Patent establishing the High Court.

---

Practical Importance in Civil Litigation

Section 129 is particularly relevant in jurisdictions where a High Court exercises ordinary original civil jurisdiction.

Its practical importance arises because proceedings before such High Courts may be governed by specialised procedural rules framed under the authority recognised by Section 129.

For advocates, this means that the procedural rules applicable to a civil proceeding before a Chartered High Court may differ from the general procedural framework ordinarily followed by subordinate Civil Courts.

Therefore, when dealing with a civil proceeding within the original jurisdiction of such a High Court, the applicable High Court rules and Letters Patent must be considered alongside the CPC.

---

Statutory Rule and Judicial Interpretation

What the CPC Provides

Section 129 expressly permits a High Court established by Letters Patent to make rules regulating its own procedure in the exercise of its ordinary original civil jurisdiction.

The rules must not be inconsistent with the Letters Patent.

Core Legal Principle

The provision therefore recognises a special procedural rule-making power for Chartered High Courts.

The important distinction is between:

General procedural rules under the CPC

and

Special rules regulating the High Court’s own original civil procedure under Section 129.

---

Important Limitation

Section 129 Does Not Give Unlimited Power

Although the section begins with a non-obstante clause, the High Court’s power remains subject to the express statutory limitation that the rules must be:

“not inconsistent with the Letters Patent.”

Therefore, the High Court cannot frame a rule under Section 129 that contradicts the governing Letters Patent.

---

Ordinary Original Civil Jurisdiction

This expression is central to Section 129.

What does it mean?

It refers to the original civil jurisdiction exercised by a High Court over civil matters instituted before it in the first instance.

This is different from appellate jurisdiction, where the High Court hears an appeal from a decision of a subordinate court.

Therefore, Section 129 is principally concerned with the High Court’s original civil proceedings, not its appellate jurisdiction.

Easy distinction

Original jurisdiction → Case begins before the High Court

Appellate jurisdiction → High Court hears an appeal from another court

Section 129 concerns the former.

---

Common Confusions

1. Does Section 129 Apply to Every High Court?

No.

The provision specifically refers to a High Court established by Letters Patent.

---

2. Does Section 129 Apply to Every Proceeding Before a Chartered High Court?

No.

The provision concerns the High Court’s ordinary original civil jurisdiction.

---

3. Can Rules Under Section 129 Contradict the Letters Patent?

No.

The rules must be not inconsistent with the Letters Patent.

---

4. Does Section 129 Replace the CPC Entirely?

No.

It provides a special rule-making power for the High Court’s own procedure in the specified jurisdiction. It does not mean that the CPC as a whole ceases to have relevance.

---

Importance for Law Students and Judiciary Exams

Section 129 is important because it introduces a special category of rule-making power distinct from the general provisions of Sections 122–128.

What to Remember

1. Section 129 applies to High Courts established by Letters Patent.
2. It permits such High Courts to regulate their own procedure.
3. The power applies in the exercise of ordinary original civil jurisdiction.
4. The provision begins with a non-obstante clause — “Notwithstanding anything in this Code.”
5. The rules must not be inconsistent with the Letters Patent.
6. It should be distinguished from the general rule-making provisions in Sections 122–128.
7. It primarily concerns original civil proceedings before the High Court.

---

Important Questions to Prepare

1. What is the object of Section 129 CPC?
2. What is meant by a Chartered High Court?
3. What power is conferred by Section 129?
4. What is meant by “ordinary original civil jurisdiction”?
5. Explain the significance of the words “notwithstanding anything in this Code.”
6. Can rules made under Section 129 be inconsistent with the Letters Patent?
7. Distinguish Section 129 from Section 128 CPC.
8. Does Section 129 apply to the appellate jurisdiction of a High Court?

---

Key Legal Principles

1. Special rule-making power

Section 129 recognises a special power of Chartered High Courts to regulate their own procedure.

2. Letters Patent High Courts

The provision applies specifically to High Courts established by Letters Patent.

3. Original civil jurisdiction

The power operates when the High Court exercises its ordinary original civil jurisdiction.

4. Non-obstante clause

The words “notwithstanding anything in this Code” give the provision an overriding character over the ordinary procedural provisions of the CPC.

5. Letters Patent remain the limitation

The rules made under Section 129 must not be inconsistent with the Letters Patent.

---

Key Takeaways

Concept	Principle
Section	Section 129 CPC
Subject	Rules of Chartered High Courts
Court covered	High Court established by Letters Patent
Main power	Regulate its own procedure
Jurisdiction	Ordinary original civil jurisdiction
Special feature	Begins with a non-obstante clause
Limitation	Rules must not be inconsistent with Letters Patent
Key distinction	Section 128 concerns general procedural rule-making; Section 129 concerns special High Court procedure

---

ALSO READ: Section 128 – Matters for Which Rules May Provide

Conclusion

Section 129 gives a special procedural rule-making power to High Courts established by Letters Patent. Such High Courts may make rules regulating their own procedure when exercising their ordinary original civil jurisdiction.

The provision operates notwithstanding the general provisions of the CPC, but the power is expressly limited by the requirement that the rules must not be inconsistent with the Letters Patent.

For examination purposes, remember:

Section 129 = Chartered High Court + Own Procedure + Ordinary Original Civil Jurisdiction + Letters Patent

The simplest formula is:

Letters Patent High Court → Own Procedure → Original Civil Jurisdiction → Rules must not conflict with Letters Patent