Section 120 CPC - Provisions Not Applicable to High Courts in Original Civil Jurisdiction

Section 120 of the Code of Civil Procedure, 1908 (CPC) specifies that three general rules about the place of suing do not apply when a High Court exercises its original civil jurisdiction.

Text of Section 120 CPC

Sub-section (2) was repealed by Act 3 of 1909, section 127 and the Third Schedule. The operative provision above is sub-section (1).

Meaning and scope of Section 120

Original civil jurisdiction is the authority of a High Court to hear and decide certain civil suits at first instance, rather than only as an appellate court. Section 120 creates a specific exception to the ordinary territorial filing rules in Sections 16, 17 and 20. It does not itself confer original civil jurisdiction or permit a suit to be filed in any High Court of the plaintiff's choice.

The court's authority must still be established under the applicable Letters Patent, statute, jurisdictional limits and High Court rules. Pecuniary and subject-matter restrictions may also apply.

Which CPC provisions are excluded?

Section 16 - Suits concerning property

Section 16 ordinarily requires specified suits involving immovable property, including recovery, partition and determination of rights or interests, to be filed where the property is situated, subject to its proviso and statutory limitations. Section 120 excludes the application of this section to a High Court acting in its original civil jurisdiction.

Section 17 - Property within different court jurisdictions

Section 17 generally addresses suits involving immovable property located within the territorial limits of different courts. Section 120 excludes that ordinary filing provision for the relevant High Court proceedings.

Section 20 - Other civil suits

Section 20 generally concerns filing other suits where the defendant resides, carries on business or personally works for gain, or where the cause of action arises, subject to the section's conditions. It does not govern a High Court's original civil jurisdiction where Section 120 applies.

Practical effect on filing civil suits

For example, when considering a commercial suit on the original side of a High Court, a litigant should not rely solely on Section 20 CPC to establish territorial jurisdiction. The relevant charter or statute, the nature of the relief, the place where the cause of action arose and any applicable requirements for leave must be examined.

Similarly, the exclusion of Section 16 does not automatically authorize every suit concerning land outside the High Court's territorial limits. The governing original-side jurisdiction provisions may separately restrict suits for land.

Related CPC provisions

• Section 116: Identifies the High Courts to which Part IX applies.
• Section 117: Provides for the application of the CPC to such High Courts, subject to stated exceptions.
• Section 119: Addresses unauthorized persons speaking or examining witnesses on behalf of others in original civil jurisdiction.
• Section 121: Concerns the legal effect of the rules in the First Schedule.

Frequently asked questions

Does Section 120 CPC apply to every High Court proceeding?

No. Its exclusion operates when the High Court is exercising original civil jurisdiction within the applicable statutory framework. It is not a general exemption for appeals or all High Court proceedings.

Does Section 120 abolish territorial jurisdiction?

No. Territorial jurisdiction must still be determined under the governing legal provisions, including applicable Letters Patent or statutes.

Which sections are expressly excluded?

Sections 16, 17 and 20 of the CPC, and no others by the express wording of Section 120.

Official statutory reference

Read the Code of Civil Procedure, 1908 on India Code (official PDF). Verify the applicable High Court original-side rules and subsequent statutory changes before commencing proceedings.

Legal information for general reference; not a substitute for case-specific professional advice.