AIR 1958 MADRAS 392 ::1970 Mad LW 599 ::ILR (1958) Mad 82

Madras High Court

Hon'ble Judge(s): Balakrishna Ayyar , J

Madras High Court (Appellate Side) Rules , R.41A(2)— High Court Rules and Orders - Validity. Civil P.C. (5 of 1908) , S.122, S.128— Rule 41-A (2) of the Appellate Side Rules is intra vires of the powers of the Madras High Court.(Para 5) Rule 41-A (2) does not in any way touch or alter the period of time prescribed by the Limitation Act.(Para 2) The High Court has power by rules framed by it to regulate or enlarge the time relating to procedural matters.(Para 3) A direction in a rule framed by the High Court that certain applications should be presented before a certain lime would also be matter of procedure. Section 122 C P. C. empowers the High Courts to make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence. The section specifically empowers the High Court by such rules not merely to annul or alter any of the rules in the first Schedule of the Code but also to add to them. This is a comprehensive power and is sufficient to empower the High Court to make a rule of the kind embodied in rule 41-A (2). S. 128 C. P. C. does not in any way cut down, the ambit of S. 122.(Para 5) Anno: AIR Com. Civil P. C S. 122, N. 3; S. 128, N. 1. .....