Section 129 — Power of High Courts to make rules as to their original Civil procedure
A separate, self-standing rule-making power. Notwithstanding anything in this Code, a High Court (other than a Court of a Judicial Commissioner) may frame rules — not inconsistent with the Letters Patent (or order, or other law) that established it — to regulate its own procedure on the original civil side, as it thinks fit. Rules already in force when the Code began are saved.
How to read Section 129
It overrides the Code
The opening words — “Notwithstanding anything in this Code” — mean this original-side power stands despite the rest of the Code; the Code does not cut it down.
A different wall
Its limit is not the body of the Code (as in § 128) but the Letters Patent / order / other law that established that High Court.
Only the original side
It covers a High Court’s own procedure in its original civil jurisdiction — suits heard at first instance — and saves pre-existing such rules.
The bare Act
Notwithstanding anything in this Code, any High Court [not being the Court of a Judicial Commissioner]1 may make such rules not inconsistent with the Letters Patent [or order]2 [or other law]3 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.
1 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”.
2 Ins. by the A.O. 1950.
3 Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951).
In short: a High Court may frame its own original-side rules, overriding the Code, limited only by the charter that created it — and old such rules survive.
Key terms decoded
A non-obstante clause: this power operates despite the rest of the Code. The Code’s other provisions cannot restrict it.
The charter / instrument that established the High Court and fixed its constitution and jurisdiction. The original-side rules must not be inconsistent with it.
Where the High Court hears a civil suit at first instance (as a trial court) — not on appeal. E.g. the original sides of the Bombay, Calcutta and Madras High Courts.
A court headed by a Judicial Commissioner (in certain territories) — not a full High Court. It is excluded from this power.
Wide discretion: the High Court frames these rules itself — without the report/approval/publication machinery of §§ 124–127.
Original-side rules already in force when the Code began are not swept away — their validity is preserved.
The picture — a charter-bounded power, overriding the Code
§ 129 sits apart from the general rule-making scheme of §§ 122–128. It is the High Courts’ own-house power over their original side — overriding the Code, answerable only to the charter that created them, and exercised at their own discretion.
Part by part — the one sentence, limb by limb
Notwithstanding anything in this Code…
A non-obstante opening — this power operates despite the rest of the Code. Nothing elsewhere in the Code can restrict a High Court’s original-side rule-making.
…any High Court [not being the Court of a Judicial Commissioner] may make such rules…
The holder is a High Court — expressly not a Court of a Judicial Commissioner.
…not inconsistent with the Letters Patent [or order] [or other law] establishing it…
The single limit is the charter that created the Court — not the body of the Code. The rules must square with the Letters Patent / order / law of establishment.
…to regulate its own procedure in the exercise of its original civil jurisdiction…
Confined to the High Court’s original civil side — suits it hears at first instance — and to its own procedure there.
…as it shall think fit…
The High Court decides for itself — no Government approval or prior publication (§§ 124–127) is required for this original-side power.
…nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code.
Original-side rules already in force in 1909 are preserved — § 129 does not invalidate them.
How it connects — § 122 vs § 129
Two rule-making powers, pulling apart
The general First-Schedule power (§ 122) and the special original-side power (§ 129) differ on every axis.
Connected provisions
Section 129 stands apart from the general rule-making scheme: where § 122 lets a High Court amend the First Schedule (subject to the Code), § 129 lets it rule its own original civil side — overriding the Code, bounded only by its Letters Patent.