Section 117 CPC: Application of the Code to High Courts

Section 117 of the Code of Civil Procedure, 1908 (CPC) provides the general rule that the Code applies to the High Courts covered by Part IX, subject to exceptions in Part IX, Part X and applicable procedural rules.

Section 117 CPC - Statutory provision

The wording above uses "this Code" to reflect the intended statutory reference; some published reproductions contain the apparent printing error "this Court". Consult the official India Code text when citing the provision.

Meaning and scope of Section 117

The expression "save as provided" means "except to the extent otherwise provided". Section 117 therefore establishes the CPC as the general procedural framework for the High Courts referred to in Section 116 CPC, while preserving special provisions and valid rules that regulate their procedure.

The reference to "such High Courts" must be read together with Section 116, which defines the application of Part IX. Section 117 does not independently confer original civil jurisdiction on every High Court, nor does it override a specific statutory exception.

Exceptions and High Court procedural rules

Part IX - Special provisions concerning High Courts

Part IX (Sections 116 to 120) addresses the application of the CPC to specified High Courts. In particular, Section 120 CPC excludes Sections 16, 17 and 20 when a High Court exercises its original civil jurisdiction. These sections ordinarily deal with the territorial place of suing in specified civil matters.

Part X - Rules

Part X provides for procedural rule-making. Section 122 concerns rules regulating procedure, while Section 129 empowers High Courts to make rules for their original civil procedure, subject to its statutory terms. Accordingly, the relevant High Court rules must also be checked when determining the procedure applicable to a particular matter.

Practical effect

For a civil proceeding before a High Court, first identify the jurisdiction being exercised, then examine the applicable CPC provisions, any express exceptions and the relevant High Court rules. Section 117 is a rule of general application subject to those qualifications, not an absolute requirement that every CPC provision operates identically in every High Court proceeding.

Related provisions of the CPC

Section 116 identifies the High Courts to which Part IX applies. Section 118 addresses execution of a decree before costs are ascertained. Section 119 concerns unauthorised persons addressing the Court in its original civil jurisdiction. Section 120 identifies provisions inapplicable to a High Court exercising original civil jurisdiction.

Frequently asked questions

Does the CPC apply to High Courts?

Yes, generally, for the High Courts covered by Section 116, subject to Part IX, Part X and applicable rules, as stated in Section 117.

Does Section 117 give a High Court original civil jurisdiction?

No. Section 117 governs the application of procedural provisions; the source and extent of a High Court's jurisdiction must be determined separately.

Can High Court rules affect CPC procedure?

Yes. Section 117 expressly recognises exceptions provided by rules, and Part X contains powers for making procedural rules.

Official legal source

For the complete enactment, amendments and statutory context, consult the Code of Civil Procedure, 1908 (official India Code PDF). The application of local amendments and High Court rules should be verified for the relevant jurisdiction.

This article provides general legal information and is not a substitute for case-specific professional advice.