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Section 123 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

123. Constitution of Rule Committees in certain States.

(1) A committee to be called the Rule Committee, shall be constituted at

 

1[the town which is the usual place of sitting of each of the High Courts

 

2[***] referred to in section 122].

 

(2) Each such Committee shall consist of the following persons, namely-

 

(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or 3[***] a Divisional Judge for three years,

 

4[(b) two legal practitioners enrolled in that Court]

 

5[(c)] a Judge of a Civil Court subordinate to the High Court 6[***]

 

5[7[* * *]]

 

(3) The members of each such Committee shall be appointed by the

 

8[High Court], which shall also nominate one of their number to be

President:

 

9[* * *]

 

(4) Each member of any such Committee shall hold office for such period as may be prescribed by the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted or becomes incapable of acting as a member of the Committee, the said 8[High Court] may appoint another person to be a member in his stead.

 

(5) There shall be a secretary to each such Committee who shall be appointed by the 9[High Court] and shall receive such remuneration as may be provided in this behalf 10[by the State Government].

 

STATE AMENDMENTS

 

Assam and Nagaland-Substitute the following for clause (a) sub-section (2) of section 123.

 

“(a) three judges of the High Court established at the town at which such committee is constituted, provided that the Chief Justice may appoint only two judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three”

 

[C.P.C. (Assam Amendment) Act No. 8 of 1953, sec. 2, (w.e.f. 18-4-1953) and Nagaland Act 27 of 1962 (w.e.f. 1-12-1963).]

 

Tamil Nadu-In section 123 sub-section (2).

 

(a) “In clause (b) for the words ‘two legal practitioners’ substitute the words ‘three legal practitioners’.”

 

(b) “Omit the words ‘Madras’ in clause (d)”.

[Vide Tamil Nadu Act No. 15 of 1970, sec. 2 (w.e.f. 10-6-1970).]

 


1. Subs. by Act 13 of 1916, sec. 2 and Sch. for “each of towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon”.

2. The words “and of the Chief Court”, Omitted by Act 11 of 1923, sec. 3 and Sch. II. These words were again ins. By Act 32 of 1925, and subsequently omitted by A.O. 1948.

3. The brackets and words “(in Burma)” rep. by Act 11 of 1923, sec. 3 and Sch. II.

4. Subs. by Act 2 of 1951 sec. 16, for clauses (b) and (c).

5. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by Act 2 of 1951, sec. 16 (w.e.f. 1-4-1961).

6. The word “and” omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).

7. Cl. (d) omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).

8. Subs, by Act No. 104 of 1976, sec. 44, f
or “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).

9. Proviso omitted by Act No. 104 of 1976, sec. 44 (w.e.f. 1-2-1977).

10. Subs. by A.O. 1937, for “by the G.G. in C. or by the L.G. as the case may be”.

 

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Civil Procedure Code 1908

 

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