[1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after giving notice—
(a) to the Government pleader, if the question concern the Government, or
(b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government.]
Amendment notes
- Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
Where a suit raises a question about the validity of a statutory instrument, other than a constitutional question covered by rule 1, the Court must not decide it without first giving notice. Notice goes to the Government pleader if the question concerns the Government, or to the authority that issued the instrument if it concerns another authority. This rule was inserted by the 1976 amendment.
