Section 119 CPC - Unauthorized Persons Not to Address Court
Section 119 of the Code of Civil Procedure, 1908 (CPC) preserves restrictions on who may address a High Court or examine witnesses on behalf of another person when the High Court exercises its original civil jurisdiction. It also safeguards the High Court's rule-making authority concerning legal practitioners.
Text of Section 119 CPC
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.
Meaning and scope of Section 119
Section 119 is a saving provision: the CPC itself does not grant an unrestricted right to any person to conduct advocacy or witness examination for someone else in a High Court exercising original civil jurisdiction. Authorization must rest on the applicable law, the High Court's rules, or an appropriate permission where legally available.
Addressing the Court on behalf of another person
The ability to appear, apply or act through a recognized agent is not necessarily the same as a right to plead or argue for another person. Order III Rules 1 and 2 CPC address appearances, applications and acts by parties, recognized agents and pleaders; they should be read with the governing rules on the right of audience and Section 119.
Examining witnesses
Section 119 expressly refers to examining witnesses. A power of attorney or agency relationship, by itself, should not be treated as automatic authorization to conduct examination or cross-examination for another litigant in the High Court's original civil jurisdiction.
High Court rules and legal practitioners
The section protects the High Court's authority to regulate practitioners before it. Its historical references to advocates, vakils and attorneys must be understood alongside the Advocates Act, 1961, particularly Sections 29, 30, 33 and 34, and applicable High Court rules. Section 32 of that Act also permits a court, in an appropriate case, to allow a person who is not an advocate to appear before it.
Related legal provisions
- Section 116 CPC: identifies the High Courts to which Part IX of the CPC applies.
- Section 117 CPC: generally applies CPC provisions to such High Courts, subject to stated exceptions.
- Section 119 CPC: does not itself authorize an unqualified representative to address the Court or examine witnesses.
- Section 120 CPC: excludes certain CPC provisions from application to High Courts exercising original civil jurisdiction.
- Order III CPC: governs recognized agents and pleaders, subject to other applicable legal restrictions.
Can a litigant appear in person?
Section 119 concerns a person acting on behalf of another. It does not, by itself, prohibit a party from appearing in person. A party's personal appearance remains subject to applicable procedural rules and directions of the Court.
Practical takeaway
Before permitting a non-advocate representative to argue or examine witnesses, the Court must consider the relevant statutory framework and its own rules. Authority to file documents or take procedural steps does not automatically carry a right of audience.
Official legal references
For the legislation and any amendments, consult the official India Code legislative database for the Code of Civil Procedure, 1908 and the Advocates Act, 1961. The relevant High Court's published original-side rules should also be checked for current local procedure.
This article provides general legal information. Court-specific rules, statutory amendments and judicial directions may affect a particular proceeding.