CPC Section 123 — Constitution of Rule Committees in certain States
Civil
Summary
A Rule Committee is set up in each city where a High Court regularly sits. This committee includes three High Court judges (at least one of whom has been a District Judge or Divisional Judge for three years), two lawyers enrolled in that High Court, and one judge from a lower civil court. The High Court appoints all members, chooses one as President, and decides how long each member serves. If a member leaves, resigns, dies, moves out of the state, or becomes unable to serve, the High Court can appoint a replacement. The High Court also appoints a secretary for the committee, whose salary is set by the state government.
Official 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. 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