Sections 119 and 120 CPC: High Court Original Civil Jurisdiction
Sections 119 and 120 of the Code of Civil Procedure, 1908 form part of Part IX, which contains special provisions relating to certain High Courts. Section 119 concerns persons addressing the Court or examining witnesses on behalf of another in original civil jurisdiction, while Section 120 excludes Sections 16, 17 and 20 from applying to a High Court exercising original civil jurisdiction.
Section 119 CPC - Unauthorized persons not to address Court
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 119 makes clear that the Code itself does not confer a general right on any person to appear for another, address the High Court, or examine witnesses in its original civil jurisdiction. Such authority must arise from the applicable legal framework, including the High Court's charter-based authority and rules governing legal practitioners.
Practical point: Section 119 preserves the High Court's power to regulate who may appear, address the Court and examine witnesses in its original civil jurisdiction. It should therefore be read together with the applicable High Court rules and the law governing advocates and legal practice.
Section 120 CPC - Provisions not applicable to High Court in original civil jurisdiction
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.
Section 120 creates a specific exclusion from the ordinary CPC provisions on place of suing. When a High Court exercises its original civil jurisdiction, Sections 16, 17 and 20 do not apply by virtue of Section 120.
Section 16 generally concerns suits relating to immovable property, Section 17 addresses immovable property situated within the jurisdiction of different courts, and Section 20 contains the general rule for other suits based on residence, business or cause of action. Their exclusion under Section 120 reflects the special procedural framework applicable to High Court original civil jurisdiction.
Meaning and practical effect of Sections 119 and 120 CPC
Sections 119 and 120 operate within the special scheme applicable to High Courts under Part IX. Section 119 protects the High Court's authority to regulate representation and courtroom practice in original civil jurisdiction. Section 120, meanwhile, prevents Sections 16, 17 and 20 from governing that jurisdiction directly.
These provisions should be read with Sections 116 to 118, Part X of the Code, the relevant High Court rules, and any other law governing the original civil jurisdiction of the particular High Court.
Official reference
Frequently asked questions
What is the purpose of Section 119 CPC?
It prevents the CPC itself from being treated as authority for any person to address the High Court or examine witnesses on behalf of another in original civil jurisdiction unless otherwise authorized, and it preserves the High Court's rule-making power concerning legal practitioners.
Which sections are excluded by Section 120 CPC?
Sections 16, 17 and 20 do not apply to a High Court while it is exercising original civil jurisdiction.
Does Section 120 mean that territorial jurisdiction is irrelevant?
No. Section 120 only excludes the specified CPC provisions. Jurisdiction of the High Court may still be governed by its charter, letters patent, applicable statutes, rules and binding judicial decisions.