Part IX – Special Provisions Relating to the High Courts not being the Court of a Judicial Commissioner (Section 116-120)

Section 116:Part to apply only to certain High Courts.—

This Part applies only to High Courts not being the Court of a Judicial Commissioner.

Section 117: Application of Code to High Courts.—

Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to such High Courts.

Section 118: Execution of decree before ascertainment of costs.—

Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs;

and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

Section 119: Unauthorized persons not to address Court.—

Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.

Section 120: Provisions not applicable to High Court in original civil jurisdiction.—

(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, Sections 16, 17 and 20.

IMPORTANT CASE LAW

1. Applicability of the provisions of the Code

Yelumalai v. Kuppammal, AIR 1928 Mad 385 :“Sect. 117 which occurs in Part IX provides that save as provided in that part or in Part X or in rules, the provisions of the Code shall apply to High Courts…….. The result of these various provisions is, that the Civil Procedure Code is generally applicable to the High Court in the exercise of its ordinary original civil jurisdiction, except where it is specifically excluded or unless the High Court itself has made rules superseding any particular provisions of the Code.”

2. High Court’s power to make rules under Section 119

Kota Co-operative Agricultural Bank Ltd. v. State of Karnataka, AIR 2003 Kar 30 : “At this stage, we find it advisable to refer to Section 119 of the CPC, which empowers the High Court to make rules concerning advocates, vakils and attorneys.”