Introduction
Section 119 of the Code of Civil Procedure, 1908 deals with unauthorised persons appearing before the High Court in the exercise of its original civil jurisdiction.
- Introduction
- Section at a Glance
- Statutory Provision
- Meaning of Section 119 CPC
- Object of Section 119
- Original Civil Jurisdiction
- Who Cannot Address the Court?
- Exception Under Section 119
- Power of High Court to Make Rules
- Section 119 and Legal Representation
- Practical Example
- Section 119 and Advocates
- Section 119 and Section 120
- Important Points for Judiciary Exams
- Important Questions for Exams
- Key Takeaways
- Conclusion
The provision makes it clear that the CPC does not itself authorise a person to appear on behalf of another person before the High Court in its original civil jurisdiction or to examine witnesses, unless the High Court has authorised such person under the power conferred by its charter.
The section also preserves the power of the High Court to make rules concerning advocates, vakils and attorneys.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 119 CPC |
| Subject | Unauthorised Persons Not to Address Court |
| Part | Part IX |
| Court Concerned | High Court |
| Jurisdiction | Original civil jurisdiction |
| Main Purpose | Restricts unauthorised persons from addressing the Court or examining witnesses |
| Related Provision | Section 120 CPC |
Statutory Provision
Section 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 of Section 119 CPC
Section 119 does not give every person a right to represent another person before a High Court.
It specifically concerns proceedings before a High Court exercising its original civil jurisdiction.
The section provides that the CPC itself cannot be interpreted as authorising an unauthorised person to:
- Address the High Court on behalf of another person; or
- Examine witnesses on behalf of another person.
However, an exception exists where the High Court has authorised such a person under the power conferred by its charter.
Object of Section 119
The main objectives of Section 119 are:
- To regulate representation before the High Court.
- To prevent unauthorised persons from appearing on behalf of litigants.
- To regulate who may address the Court.
- To regulate who may examine witnesses.
- To preserve the High Court’s power to regulate advocates, vakils and attorneys.
The provision therefore recognises the importance of professional regulation in proceedings before the High Court.
Original Civil Jurisdiction
The expression original civil jurisdiction is important in Section 119.
Original jurisdiction refers to the jurisdiction of a court to hear and decide a matter at the first instance, rather than exercising appellate jurisdiction over a decision already made by a subordinate court.
Section 119 specifically refers to the High Court when it is exercising this original civil jurisdiction.
Therefore, the provision should not be understood as a general rule governing every type of proceeding before every court.
Who Cannot Address the Court?
Section 119 provides that the CPC itself does not authorise any person on behalf of another to address the High Court in the exercise of its original civil jurisdiction.
Similarly, the CPC does not itself authorise such a person to examine witnesses.
The authority to appear, address the Court or examine witnesses must therefore come from the appropriate legal or institutional authority.
Exception Under Section 119
Section 119 contains an important exception.
A person may be permitted to address the Court or examine witnesses where the High Court has, in exercise of the power conferred by its charter, authorised that person to do so.
Therefore, the section does not impose an absolute prohibition. It prevents the CPC itself from being treated as an automatic source of authority for unauthorised representation.
Power of High Court to Make Rules
The final part of Section 119 preserves the power of the High Court to make rules concerning:
- Advocates;
- Vakils; and
- Attorneys.
Therefore, Section 119 does not interfere with the High Court’s authority to regulate legal practitioners and their participation in proceedings.
Section 119 and Legal Representation
Section 119 is based on an important principle: the right to address a court on behalf of another person is subject to legal regulation.
A person cannot simply claim authority to represent another litigant merely because the CPC does not expressly prohibit such representation.
The person must have the necessary legal authority to appear or act on behalf of the litigant.
Practical Example
Suppose A files a civil proceeding before a High Court exercising original civil jurisdiction.
A’s friend B, who is not authorised to represent litigants, cannot simply appear before the High Court and address the Court on A’s behalf by claiming that the CPC permits him to do so.
Section 119 makes it clear that the CPC itself does not confer such authority.
If a person is permitted to address the Court or examine witnesses, such authority must arise from the applicable legal framework or from the authority of the High Court under its charter.
Section 119 and Advocates
Section 119 does not prevent advocates from appearing before the High Court.
Rather, the provision expressly preserves the High Court’s power to make rules concerning advocates, vakils and attorneys.
Thus, the section supports the regulatory authority of High Courts over legal practitioners.
Section 119 and Section 120
Sections 119 and 120 are both contained in Part IX and deal with special provisions concerning High Courts.
Section 119
Deals with unauthorised persons addressing the Court or examining witnesses in the exercise of the High Court’s original civil jurisdiction.
Section 120
Deals with certain provisions of the CPC that do not apply to a High Court while exercising its original civil jurisdiction.
| Basis | Section 119 | Section 120 |
|---|---|---|
| Subject | Unauthorised persons | Certain provisions not applicable |
| Main Focus | Representation and examination of witnesses | Application of specified CPC provisions |
| Jurisdiction | Original civil jurisdiction | Original civil jurisdiction |
| Purpose | Regulates persons appearing before Court | Creates statutory exceptions |
Important Points for Judiciary Exams
- Section 119 CPC deals with Unauthorised Persons Not to Address Court.
- It is contained in Part IX of the CPC.
- It applies to the High Court exercising its original civil jurisdiction.
- The CPC itself does not authorise a person to address the Court on behalf of another.
- The CPC itself does not authorise such a person to examine witnesses.
- An exception exists where the High Court has authorised the person under the power conferred by its charter.
- Section 119 preserves the High Court’s power to make rules concerning advocates, vakils and attorneys.
Important Questions for Exams
- Explain Section 119 CPC.
- What is the object of Section 119?
- Who is an unauthorised person under Section 119?
- Can an unauthorised person address a High Court on behalf of another person?
- Can an unauthorised person examine witnesses before the High Court?
- What is the exception provided under Section 119?
- Explain the relationship between Section 119 and the High Court’s power to regulate advocates.
- Distinguish Sections 119 and 120 CPC.
Key Takeaways
| Concept | Principle |
|---|---|
| Section 119 | Unauthorised Persons Not to Address Court |
| Court | High Court |
| Jurisdiction | Original civil jurisdiction |
| General Rule | CPC does not authorise unauthorised representation |
| Restriction | Addressing Court or examining witnesses |
| Exception | Authorisation by High Court under its charter |
| Legal Practitioners | High Court can make rules concerning advocates, vakils and attorneys |
| Part | Part IX |
ALSO READ: Section 118 – Execution Before Ascertainment of Costs
Conclusion
Section 119 CPC regulates the participation of persons appearing before a High Court in the exercise of its original civil jurisdiction. It makes clear that the CPC itself does not authorise a person to address the Court or examine witnesses on behalf of another person unless the necessary authority has been granted under the applicable legal framework.
The provision also preserves the High Court’s power to make rules concerning advocates, vakils and attorneys.
For examination purposes, remember:
Section 116 — Application to Certain High Courts
Section 117 — Application of Code to High Courts
Section 118 — Execution Before Ascertainment of Costs
Section 119 — Unauthorised Persons Not to Address Court
Section 120 — Provisions Not Applicable to High Court in Original Civil Jurisdiction
