Section 120 in The Code of Civil Procedure
Title: Provisions not applicable to High Court in original civil jurisdiction
(1)The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
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1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Schedule.
Title: Effect of rules in First Schedule
The rules in a First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.
Title: Power of certain High Courts to make rules
1[High Courts 2 [not being the Court of a Judicial Commissioner]] 3 *** may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
1. Subs. by the A.O. 1950, for "Courts which arc High Courts for the purposes of the Government of India Act, 1935".
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, "for Part A States and Part B States". The words in italics were ins. by Act 2 of 1951, s. 15 (w.e.f. 1-4-1951).
3. The words "and the Chief Court of Lower Burma" rep. by Act 11 of 1923, s. 3 and the Second Schedule
Title: 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***
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(3) The members of each Committee shall be appointed by the 8 [High Court], which shall also nominate one of their number to be President:
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(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 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 8 [High Court] and shall receive such remuneration as may be provided in this behalf 10 [by the State Government].
1. Subs. by Act 13 of 1916, s. 2 and the Schedule, for "each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon".
2. The words "and of the Chief Court" omitted by the Act 11 of 1923, s. 3 and the Second Schedule These words were again ins. by Act 32 of 1925, and subsequently omitted by the A.O. 1948.
3. The brackets and words "(in Burma)" rep. by Act 11 of 1923, s. 3 and the Second Schedule.
4. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
5. Clause (d) re-lettered as clause (c) by s. 16, ibid
6. The word "and" omitted by Act 38 of 1978, s. 3 and the Second Schedule.
7. Clause (d) omitted by s. 3 and the Second Schedule, ibid.
8. Subs. by Act 104 of 1976, s. 44, for "Chief Justice or Chief Judge" (w.e.f. 1-2-1977).
9. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
10. Subs. by the A.O. 1937, for "by the G.G. in C. or by the L.G., as the case may be".
Title: Committee to report to High Court
Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration