Power of High Courts to make rules as to their original Civil procedure
Section 129 of the Code of Civil Procedure, 1908 deals with power of High Courts to make rules as to their original Civil procedure. Notwithstanding anything in this Code, any High Court [not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent [or order] [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall t The Act came into force on 01 Jan 1909.
Notwithstanding anything in this Code, any High Court 1 [not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent 2 [or order] 3 [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.
Section 129, 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.
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 being so, there is no conflict between any provision of the Kerala High Court Act, 1958 and the Code of Civil Procedure and hence Section 98(2) would be the only provision governing the field. He further argued that, assuming that, he were to fail on the first argument, Section 98 read with Sections 117, 120, 122, 125 and 129 of the Code of Civil Procedure are specific provisions to the contrary for the purposes of Section 4(1) of the Code of Civil Procedure and that Section 98 would therefore prevail over Section 23 of the Travancore-Cochin High Court Act. A third submission is that, in any event, Section 98(2) is a special provision …
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… This being so, there is no conflict between any provision of the Kerala High Court Act, 1958 and the Code of Civil Procedure and hence Section 98(2) would be the only provision governing the field. He further argued that, assuming that, he were to fail on the first argument, Section 98 read with Sections 117, 120, 122, 125 and 129 of the Code of Civil Procedure are specific provisions to the contrary for the purposes of Section 4(1) of the Code of Civil Procedure and that Section 98 would therefore prevail over Section 23 of the Travancore-Cochin High Court Act. A third submission is that, in any event, Section 98(2) is a special provision …
Questions about Section 129
What does Section 129 of the Code of Civil Procedure deal with?
Section 129 of the Code of Civil Procedure is headed "Power of High Courts to make rules as to their original Civil procedure". Notwithstanding anything in this Code, any High Court [not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent [or order] [or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall t
How do I find court cases under Section 129 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 129, section 129 CPC, section 129 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 129 of the Code of Civil Procedure, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 129 of the Code of Civil Procedure come into force?
Section 129 of the Code of Civil Procedure, cited as CPC 129, 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 16 Oct 2026. This page is not a substitute for legal advice.