Code of Civil Procedure, 1908 | Part IX

Section 116 CPC - Part to Apply Only to Certain High Courts

Section 116 of the Code of Civil Procedure, 1908 (CPC) identifies the High Courts to which Part IX of the Code applies. It is a provision about the scope of special procedural rules, not an independent source of appellate or revisional jurisdiction.

Text of Section 116 CPC

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

Source: India Code - The Code of Civil Procedure, 1908 (official legislative text, PDF).

Meaning and scope of Section 116

Part IX is titled Special Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner. Section 116 limits the application of the provisions in that Part to the category of High Courts described in the section. It should be read with Sections 117 to 120 rather than as a standalone rule about how every High Court proceeding is conducted.

The expression Judicial Commissioner refers to a historical judicial office associated with courts exercising specified higher judicial functions in certain territories. The reference is retained in the statutory wording. Section 116 does not itself define the office or determine the present territorial jurisdiction of any High Court.

Section 117 - Application of the Code to High Courts

Section 117 provides for the application of the CPC to the High Courts covered by Part IX, subject to provisions in Part IX, Part X and applicable rules. It establishes the general relationship between the Code and special High Court procedure.

Section 118 - Execution of decrees before costs are ascertained

Where a High Court exercising original civil jurisdiction considers immediate execution necessary, Section 118 permits execution of the decree before costs have been determined by taxation. The portion concerning costs can be executed after those costs are ascertained.

Section 119 - Persons authorised to address the Court

Section 119 makes clear that the CPC does not by itself authorise a person to address the High Court or examine witnesses on another person's behalf in its original civil jurisdiction. It also preserves the High Court's rule-making powers concerning legal practitioners, subject to applicable law.

Section 120 - Exceptions for original civil jurisdiction

Section 120 excludes the application of Sections 16, 17 and 20 of the CPC to a High Court when exercising its original civil jurisdiction. These sections generally concern territorial rules for instituting suits, so the specific High Court framework must be considered.

Important: Section 116 does not mean that all High Courts have identical original civil jurisdiction. The extent of such jurisdiction and the governing procedure must also be checked against applicable statutes, High Court rules and binding judicial decisions.

Practical significance

Identifies the scope of Part IX: Section 116 tells readers which High Courts are addressed by its special provisions.
Connects general and special procedure: Section 117 explains how CPC provisions operate alongside special rules.
Requires attention to original jurisdiction: Sections 118 to 120 address particular aspects of proceedings in the High Court's original civil jurisdiction.
Does not create a separate remedy: Section 116 does not itself establish an appeal, review, revision or application procedure.

Frequently asked questions

What does Section 116 CPC provide?

It states that Part IX of the CPC applies only to High Courts that are not courts of a Judicial Commissioner.

Which provisions are included in Part IX?

Part IX comprises Sections 116 to 120, covering applicability, general CPC application, decree execution before assessment of costs, the right to address the Court, and specified exceptions for original civil jurisdiction.

Does Section 116 confer original civil jurisdiction?

No. It specifies the applicability of Part IX; the source and extent of a High Court's original civil jurisdiction must be determined from other applicable law.

Official legal reference

For the complete Act and amendment notes, consult the Code of Civil Procedure, 1908 on India Code. State amendments and applicable High Court rules should be checked separately where relevant.