CPC 123 — Constitution of Rules Committees in certain States

Code of Civil Procedure, 1908

Statutory text

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

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

*** 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

*** a Divisional Judge for three years,

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

[(c) a Judge of a Civil Court subordinate to the High Court,

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

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

   *
(4)  Each  member  of  any  such  Committee  shall  hold  office  for  such  period  as  may  be  prescribed  by
the

[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

[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

[High Court]
and shall receive such remuneration as may be provided in this behalf

[by the State Government].
STATE AMENDMENTS Assam.—
For clause (a) of sub-section (2) of section 123 the following shall be substituted—
“(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.”
[Vide Assam Act 8 of 1953, sec. 2.]

3. The wor ds “and the Chief Court of Lower Bur ma” rep. by Act 11 of 1923, s. 3 and the Sec ond Schedule.
4. Subs. b y Act 13 of 1916, s. 2 a nd the Sc hedule, f or  “ eac h of the towns  of Calc utta, Ma dras, B omba y, Alla haba d, La hor e a nd Ra ngoon”.
12. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).

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