Section123

The Code of Civil Procedure, 1908

Constitution of Rule Committees in certain States

Q: When did Section 123 of the Code of Civil Procedure come into force?

Section 123 of the Code of Civil Procedure, cited as CPC 123, 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.

In force From 01 Jan 1909 Act 5 of 1908 As on 15 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909

Section 123 of the Code of Civil Procedure, 1908 deals with constitution of Rule Committees in certain States. 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]. The Act came into force on 01 Jan 1909.

(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***
⁷* * * * *
(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:
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 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].
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.]
Tamil Nadu
Amendment of section 123, Central Act V of 1908.--In section (2) of section 123 of the Code of Civil Procedure, 1908 ( Central Act V of 1908),--
(a) in clause (b), for the words "two legal practitioners", the words "three legal practitioners" shall be substituted.
(b) in clause (d), the word "Madras" shall be omitted.
[Vide Tamil Nadu Act 15 of 1970, s. 2]
Section 123, 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.

This section refers to

s. 122 Power of certain High Courts to make rules

Questions about Section 123

What does Section 123 of the Code of Civil Procedure deal with?

Section 123 of the Code of Civil Procedure is headed "Constitution of Rule Committees in certain States". 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].

How do I find court cases under Section 123 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 123, section 123 CPC, section 123 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 123 of the Code of Civil Procedure, and has it changed?

Its own text turns on section 122 (Power of certain High Courts to make rules), so none of them can safely be read on its own.

When did Section 123 of the Code of Civil Procedure come into force?

Section 123 of the Code of Civil Procedure, cited as CPC 123, 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 15 Oct 2026. This page is not a substitute for legal advice.