The Rules framed under section 122 of the Code of Civil Procedure, including Order VI, rule 5 (2) and Order V, rule 2, are applicable to proceedings on the Original Civil Side of the High Court.

JUDGMENT-This is a Chamber Summons taken out by the defendants for further and better particulars under Order VI, rule 5 of the Code of Civil Procedure.

2. A preliminary objection was raised by Mr. Modi to the maintainability of the Chamber Summons on the ground that it is barred by the provisions of sub-rule (2) of rule 5 of Order VI of the Code of Civil Procedure, as framed under the Rules made by the High Court under section 122 of that Code, in so far as it has not been taken out before the returnable date of Summons which was June 26, 1967. The answer of Mr. R. P. Bhatt on behalf of the defendants to that preliminary objection raised by the plaintiff is two-fold; first that the Rules framed under section 122 of the Code of Civil Procedure do not apply to the Original Side of the High Court; and, secondly that, if it is held that they do apply to the Original Side of the High Court, there has been no proper service of the summons on the defendants, in view of the fact that a copy of the plaint was not served along with the summons, as required by Order V, rule 2, Civil Procedure Code, as framed under the same rulemaking power contained in section 122 of that Code.

3. The point, undoubtedly, is a very narrow one, but as it raises an important question of practice which is not covered by authority, I had reserved orders on this Chamber Summons. It is not disputed that the present Chamber Summons has not been taken out by the defendants before the returnable date of the Summons which was served upon them in this case. If Order VI, rule 5 (2), as framed under section 122 of the Code of Civil Procedure, is held applicable to the Original Side of the High Court, this Chamber Summons must, therefore, be held to be barred as being out of time. That brings me to the first contention of Mr. Bhatt. Part X of the Code of Civil Procedure deals with the rulemaking power of the High Courts, and it is necessary for me to refer to sections 122 and 129 which occur in that Part. Section 122 confers on High Courts power to make rules regulating their own procedure, as well as the procedure of Courts subordinate to them. The question which arises is whether the power conferred on the High Court by the said section to frame procedural rules for itself should be construed as limited by the context in which it occurs. In other words, the question is whether the reference to subordinate Courts in the said section should be held to indicate that power is conferred on the High Court to make rules for itself, only in relation to subordinate Courts, and not in regard to its Original Side. I am not prepared to read any such limitation into the plain meaning of the expression "High Courts" which, in my opinion, must be construed to mean High Courts in regard to their entire jurisdiction. In the case of High Courts which have Original Jurisdiction, that expression must, therefore, be held to include that jurisdiction also. It would, of course, be open to the High Court to frame a rule under section 122 for regulating the procedure of any particular Court or Courts subordinate to it, or of its own Original Side or Appellate Side only, but, in that event, the High Court must in specific terms restrict the applicability of such a rule in the manner desired. The next contention is that, in view of the fact that section 129 confers an express rulemaking power on High Courts in regard to their Original Civil Jurisdiction, section 122 must be read as applying to all jurisdiction other than Original Civil Jurisdiction, as section 129 would otherwise be rendered superfluous. I am afraid, there is no substance in that contention, for the simple reason that the ambit and extent of the rulemaking power contained in those sections is different. It is expressly stated in section 122 that the Rules framed by the High Court under that section can annul, alter or add only to the Rules contained in the First Schedule to the Civil Procedure Code. The necessary implication

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