CPC Section 123 — Constitution of Rules Committees in certain States

(1) A Committee, to be called the Rule Committee, shall be constituted at 5[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 7*** 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, 10*** * * * * *
(3) The members of each Committee shall be appointed by the 12[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 12[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 12[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 12[High Court] and shall receive such remuneration as may be provided in this behalf 14[by the State Government.] 1935”. by Act 2 of 1951, s. 15 (w.e.f. 1-4-1951). Allahabad, Lahore and Rangoon”. 1925, and subsequently omitted by the A.O. 1948. 7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and Sch. II. 10. The word “and ” omitted by Act 38 of 1978, s. 3 and Sch. II (w.e.f. 26-11-1978). 13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977). 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]