Section | Orders |
|---|---|
| Written in Main Part of CPC | Written in Order or made by High Court as per section 122 or 125 |
| Only Legislature has power to Amend and Repeal | High Court has power to Make rules |
In Case of Conflict Sections prevails over Orders | |
122. Power of Certain High Court to Make rules - High Court not being court of Judicial Commissioner may from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendense and may by such rules annul, alter or add to any or any oof the rules in the Fist Schedule.
125. Power of other High Courts to make rules. - High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions [as [the State Government] may determine].
Provided that any such High Court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other High Court.
The Code of Civil Procedure, 1908 (CPC) falls under the Concurrent List of Schedule VII of the Indian Constitution.
Schedule VII of the Constitution divides subjects into three lists: CPC 1908 deals with civil judicial procedures, which are part of Entry 13 of the Concurrent List: This means both Parliament and State Legislatures can legislate on civil procedure, but in case of conflict, Parliament’s law prevails under Article 254.