Power of certain High Courts to make rules
Section 122 of the Code of Civil Procedure, 1908 deals with power of certain High Courts to make rules. [High Courts [not being the Court of a Judicial Commissioner]] 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 Act came into force on 01 Jan 1909.
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.
Section 122, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Welset Engineers vs Vikas Auto Industries
Court's Decision & Legal Precedent
The right to proceed under the Contempt of Courts Act 1971 is an additional and independent right that coexists with remedies available under the Civil Procedure Code. High Court rules governing contempt procedure prevail over conflicting CPC provisions. The constitutional power of High Courts to exercise contempt jurisdiction under Article 215 of the Constitution cannot be abridged, limited, or ousted by any statute, rule, or provision of the Code. Contempt jurisdiction exists for breach of any order of court, whether interlocutory or final, and the existence of disputed questions of fact does not preclude such jurisdiction, as courts may rely on affidavits or take evidence as deemed appropriate.
On this section: Empowers High Courts to make rules for their own procedure and procedure of civil courts. Where conflict exists between Code and High Court Rules, the latter prevails.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… This is further made clear by the reference in Section 97(1) to a High Court. The expression "any provision inserted in the principal Act" by a High Court has reference to Section 122 of the Code of Civil Procedure by which High Courts may make rules regulating their own procedure, and the procedure of civil courts subject to their superintendence, and may by such rules annul, alter, or add to any of the rules contained in the First Schedule to the Code of Civil Procedure." 10. Recently, a …
Questions about Section 122
What have the courts held on Section 122 of the Code of Civil Procedure?
Welset Engineers vs Vikas Auto Industries (17 Aug 2005) is the leading judgment on this section among those set out below: Empowers High Courts to make rules for their own procedure and procedure of civil courts. Where conflict exists between Code and High Court Rules, the latter prevails.
How do I find court cases under Section 122 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 122, section 122 CPC, section 122 of the Code of Civil Procedure. People searching for it also type s 122 cpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Welset Engineers vs Vikas Auto Industries (17 Aug 2005).
What should I read with Section 122 of the Code of Civil Procedure, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 122 of the Code of Civil Procedure come into force?
Section 122 of the Code of Civil Procedure, cited as CPC 122, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.