Part 10 MCQ Quiz - Objective Question with Answer for Part 10 - Download Free PDF

The correct answer is option 1.Key Points

• Section 122 under Part 10 (Rules) under Civil Procedure Code 1908 deals with power of certain High Courts to make rules.
• It states High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
• Section 124 of C.P.C. 1908 deals with committee to report to High Court.
• It states every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.

The correct answer is option 1.Key Points

• Section 122 under Part 10 (Rules) under Civil Procedure Code 1908 deals with power of certain High Courts to make rules.
• It states High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
• Section 124 of C.P.C. 1908 deals with committee to report to High Court.
• It states every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.

The correct answer is Parliament

Key Points

• The Code of Civil Procedure, 1908 (CPC) is a central legislation enacted by the Parliament of India.
• Therefore, any amendment to the sections of the CPC — which are the substantive part of the law — can only be made by the Parliament, under its legislative powers.
• Sections of CPC = Substantive law → Can be amended by Parliament only.
• However, High Courts are empowered under Section 122 CPC to amend or make rules regarding the Orders (procedural part), but not the Sections.

Additional Information

• High Court – Can amend rules/orders under CPC, but not the sections.
• Supreme Court – Has interpretative power, not legislative power to amend CPC sections.
• Attorney General – Is a legal advisor to the government, not a law-making authority.

The correct answer is option 1.Key Points

• Section 122 under Part 10 (Rules) under Civil Procedure Code 1908 deals with power of certain High Courts to make rules.
• It states High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule.
• Section 124 of C.P.C. 1908 deals with committee to report to High Court.
• It states every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.