Description

Section 122 of the Code of Civil Procedure (CPC) grants specific High Courts in India the power to make rules for the regulation of practice and procedure in their respective courts. The section recognizes that the High Courts, due to their unique position and jurisdiction, may need to adapt the general rules of the CPC to their own procedural requirements.

Key Provisions of Section 122:

1. Authority of High Courts:

   • Section 122 empowers certain High Courts to create their own rules of practice and procedural guidelines for the courts under their jurisdiction.
   • These rules are in addition to the provisions already outlined in the CPC and are intended to address the specific needs of the High Courts in managing civil proceedings.

2. Flexibility in Procedure:

   • The provision allows for the adaptation of the rules of the CPC to suit the local conditions and the specific requirements of the High Court. For example, the procedures for filing, hearing, and disposing of cases may differ slightly based on local needs and administrative practices.
   • These rules could cover areas such as how cases are listed, how hearings are conducted, the format for filing documents, and other procedural aspects.

3. Rule-Making Power:

   • The power to make these rules lies with the High Court itself, and it can create rules to ensure that civil litigation in the court is efficient, orderly, and in compliance with the broader objectives of the CPC.
   • The rules made by the High Court are binding on the courts within that jurisdiction, ensuring consistency and clarity in the procedural aspects of civil matters.

4. Examples of Areas for Rule-Making:

   • Filing and documentation procedures – High Courts may create specific formats and timelines for submitting documents.
   • Time management of cases – Establishing clear time limits for case hearings or adjournments.
   • Procedure for the execution of decrees – High Courts may issue rules relating to how decrees are executed, particularly in cases where the execution involves complex procedures.

5. Supremacy of High Court Rules:

   • Rules made by the High Court under this section have supremacy over any conflicting provisions of the CPC when it comes to procedural aspects. The High Court can tailor the procedural rules to make the judicial process more effective and suited to local practices.

6. Limitations:

   • Although High Courts have the power to make their own rules, those rules cannot contradict the main provisions of the CPC. They can only modify or supplement the general procedures set out in the Code to make the legal process more efficient.
   • Additionally, these rules should not be inconsistent with statutory law or constitutional provisions.

Punishment

Section 122 does not prescribe any punishment or penalty for making or not making rules. The consequences of failure to comply with the High Court’s procedural rules are typically handled within the context of the specific case or issue at hand. Some consequences might include:

1. Increased Litigation Costs or Delays:

   • Non-compliance with the High Court's own procedural rules could lead to delays or increased costs in the litigation process.

2. Disciplinary Action:

   • In some cases, legal professionals (lawyers, advocates) who fail to follow the High Court's specific rules may face disciplinary action by the Bar Council or similar legal authorities.

3. Impact on Case Outcomes:

   • Cases could be dismissed or delayed due to non-compliance with the procedural rules set by the High Court.