PART IX: SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
Section 116: Part to apply only to certain High Courts
Simplified: This Part (Part IX, Sections 116-120) applies only to High Courts established under specific Acts (like the High Courts Act, 1861, or Government of India Acts) and does not apply to courts that were designated as Courts of a Judicial Commissioner (which existed in certain territories historically).
Purpose: Defines the scope of the special provisions that follow.
Section 117: Application of Code to High Court
Simplified: General rule regarding the applicability of the CPC to the High Courts covered by this Part.
Rule: Unless otherwise provided in Part IX (Sec 116-120), Part X (Rules), or in specific Rules made by the High Court, the provisions of the entire Code of Civil Procedure shall apply to such High Courts.
Purpose: Establishes the CPC as the default procedural law for High Courts in their civil jurisdiction, subject to specific exceptions.
Section 118: Execution of decree before ascertainment of costs
Simplified: Allows a High Court (in its original civil jurisdiction) to permit immediate execution of the main part of its decree, even before the exact amount of costs has been calculated (taxed).
Procedure:
If the High Court considers it necessary for a decree passed in its original civil jurisdiction to be executed before costs are formally taxed.
It can order the decree to be executed forthwith, except for the part relating to costs.
Regarding costs, it can order that part of the decree to be executed as soon as the amount is ascertained by taxation.
Purpose: Prevents delay in executing the substantive relief granted by the High Court just because the calculation of costs (which can sometimes be complex) is pending.
Example: The High Court, on its original side, passes a decree ordering Defendant D to pay Plaintiff P Rs 1 Crore. The calculation of detailed costs might take a few weeks. The court can order that P can immediately execute the decree for the Rs 1 Crore, while the execution for the costs part will commence only after the costs are officially determined.
Section 119: Unauthorized persons not to address Court
Simplified: Preserves the High Court’s authority regarding who can represent parties and address the court in its original civil jurisdiction.
Rule: Nothing in the CPC authorizes any person to:
Address the Court on behalf of another in its original civil jurisdiction, OR
Examine witnesses,
Unless the High Court, under powers granted by its charter, has authorized them to do so.
Saving: This section also doesn’t interfere with the High Court’s power to make rules concerning advocates, vakils, and attorneys.
Purpose: Reinforces the professional standards and rules of audience set by the High Court itself for practice on its original side.
Section 120: Provisions not applicable to High Court in original civil jurisdiction
Simplified: Lists specific sections of the CPC that do not apply to the High Court when it is exercising its original civil jurisdiction.
Excluded Sections:
Section 16 (Suits to be instituted where subject-matter situate)
Section 17 (Suits for immovable property situate within jurisdiction of different Courts)
Section 20 (Other suits to be instituted where defendants reside or cause of action arises)
Reason: High Courts exercising original civil jurisdiction (like those in Mumbai, Kolkata, Chennai, Delhi) often have their territorial jurisdiction defined by their Letters Patent or establishing Acts, which may override the general CPC rules on place of suing found in Sections 16, 17, and 20.
Example: A cause of action arises entirely in Pune, and the defendant resides in Pune. Under Section 20, the suit should normally be filed in Pune. However, if the Bombay High Court’s original jurisdiction extends to cover certain types of commercial suits based on where the defendant carries on business (even if outside the city limits defined for ordinary suits), a suit might potentially be filed in the High Court’s original side despite Section 20, because Section 120 makes Section 20 inapplicable in that context. The High Court’s specific rules/charter would govern.
