Bare ActsCode of Civil Procedure, 1908 (CPC)

Section 123

Constitution of Rule Committees in certain States

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(1) A Committee to be called the Rule Committee, shall be constituted at 77D[the town which is the usual place of sitting of each of the High Courts 77E[x x x x] 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 77F[x x x x] 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, [x x x x] [(d)] [x x x x] (3) The members of each such Committee shall be appointed by the [High Court], which shall also nominate one of their members to be President. [x x x x] (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 to 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 83A[by the State Government.] Substituted by Act 13 of 1916, S.2 and Sch., for "each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon". The words "and of the Chief Court" omitted by A.O. 1948. The brackets and words "(in Burma)" repealed by Act 11 of 1923, S.3 and Sch.II. Substituted by Act 2 of 1951, S.16, for the original Cl. (b) and (c). Cl. (d) re-lettered as (c) by Act 2 of 1951, S.16. Omitted by Act 38 of 1978, S.3 and Sch.II (w.e.f. 28/11/1978). Cl.(e) re-lettered as (d) by Act 2 of 1951, S.16. Substituted by Act 104 of 1976, S.44, for "Chief Justice or Chief Judge" (w.e.f. 01/02/1977). Omitted by Act 104 of 1976, S.44 (w.e.f. 01/02/1977). Substituted by the A.O. 1937, for "by the G. G. in C or by the L. G., as the case may be"

Section 123 – Code of Civil Procedure, 1908 (CPC) | DailyLaw.ai