Section 116 CPC — Application to Certain High Courts

Introduction

Section 116 of the Code of Civil Procedure, 1908 deals with the application of Part IX of the CPC to certain High Courts. It provides that Part IX applies only to High Courts which are not the Courts of Judicial Commissioners.

Section 116 is therefore a scope-defining provision. It does not create an independent remedy but determines the High Courts to which the special provisions contained in Part IX apply.

Section at a Glance

Particular	Details
Section	Section 116 CPC
Subject	Application to Certain High Courts
Part	Part IX
Nature	Procedural provision
Main Purpose	Determines the application of Part IX
Related Sections	Sections 117 to 120
Key Area	Special provisions relating to certain High Courts

Statutory Provision

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

Meaning of Section 116 CPC

Section 116 determines the application of Part IX of the Code of Civil Procedure.

Part IX contains special provisions relating to High Courts which are not Courts of Judicial Commissioners.

Therefore, Section 116 does not deal with:

• Appeal;
• Review;
• Revision;
• Reference; or
• Any independent civil remedy.

Instead, it identifies the High Courts to which the special provisions contained in Part IX are applicable.

Object of Section 116

The main object of Section 116 is to specify the High Courts to which Part IX of the CPC applies.

The provision forms part of the special scheme relating to High Courts and provides the basis for applying the provisions contained in the subsequent sections of Part IX.

Part IX of the CPC

Section 116 is the first section of Part IX — Special Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner.

The important provisions following Section 116 are:

Section 117 — Application of Code to High Courts

Section 117 provides for the application of the provisions of the CPC to High Courts, subject to the provisions contained in Part IX, Part X and the rules.

Section 118 — Execution Before Ascertainment of Costs

Section 118 deals with the execution of certain decrees before the costs of the suit have been ascertained.

Section 119 — Unauthorized Persons Not to Address Court

Section 119 deals with persons addressing the High Court or examining witnesses in the exercise of its original civil jurisdiction.

Section 120 — Provisions Not Applicable to High Court in Original Civil Jurisdiction

Section 120 provides that certain provisions of the CPC do not apply to a High Court while exercising its original civil jurisdiction, subject to the conditions contained in the section.

Nature of Section 116

Section 116 is primarily a scope and application provision.

It does not itself:

• create a right of appeal;
• create a right of review;
• confer revisional jurisdiction;
• prescribe grounds for revision; or
• establish a separate procedural remedy.

Its function is to determine the High Courts to which Part IX applies.

Section 116 and Section 115

Section 116 should not be confused with Section 115 CPC.

Section 115 deals with the revisional jurisdiction of the High Court.

Section 116 deals with the application of Part IX to certain High Courts.

Basis	Section 115	Section 116
Subject	Revision	Application to Certain High Courts
Part	Part VIII	Part IX
Nature	Revisional jurisdiction	Application provision
Main Purpose	Correct specified jurisdictional errors	Determine application of Part IX
Main Focus	Subordinate court’s jurisdiction	Certain High Courts

Section 116 and Section 117

Sections 116 and 117 are closely connected.

Section 116 identifies the High Courts to which Part IX applies.

Section 117 provides for the application of the CPC to those High Courts, subject to the provisions and rules mentioned in the section.

Thus, Section 116 determines the scope, while Section 117 deals with the application of the Code.

Historical Significance

The reference to the Court of a Judicial Commissioner in Section 116 reflects the historical judicial structure existing when the Code of Civil Procedure was enacted.

The Indian judicial system at that time contained different types of superior courts, including High Courts and Courts of Judicial Commissioners.

Section 116 was framed to distinguish the High Courts covered by the special provisions contained in Part IX.

The reference is therefore primarily relevant from the historical and statutory perspective of the CPC.

Practical Importance

Section 116 has limited independent application when compared with provisions dealing with appeals, review and revision.

However, it remains important for understanding:

• the structure of the CPC;
• Part IX of the Code;
• special provisions relating to High Courts;
• original civil jurisdiction of High Courts; and
• the historical development of the Indian judicial system.

Important Points for Judiciary Exams

• Section 116 CPC deals with Application to Certain High Courts.
• It is contained in Part IX of the CPC.
• Part IX contains special provisions relating to certain High Courts.
• Section 116 applies Part IX to High Courts not being the Court of a Judicial Commissioner.
• Section 117 deals with the application of the CPC to High Courts.
• Section 118 deals with execution before ascertainment of costs.
• Section 119 deals with unauthorized persons addressing the Court.
• Section 120 deals with certain provisions not applying to High Courts exercising original civil jurisdiction.

Important Questions for Exams

1. What is the object of Section 116 CPC?
2. Which Part of the CPC contains Section 116?
3. To which High Courts does Part IX apply?
4. What is the relationship between Sections 116 and 117?
5. Explain the significance of Section 116 CPC.
6. What are the special provisions contained in Part IX?
7. Distinguish Section 116 from Section 115 CPC.

Key Takeaways

Concept	Principle
Section 116	Application to Certain High Courts
Part	Part IX
Main Purpose	Determines application of Part IX
Key Expression	High Courts not being the Court of a Judicial Commissioner
Section 117	Application of Code to High Courts
Section 118	Execution before ascertainment of costs
Section 119	Unauthorized persons not to address Court
Section 120	Certain provisions not applicable to High Court in original civil jurisdiction

ALSO READ: Section 115 – Revision

Conclusion

Section 116 CPC is a scope-defining provision dealing with the application of Part IX to High Courts not being the Court of a Judicial Commissioner. It does not create an independent remedy but establishes the applicability of the special provisions contained in Part IX.

For examination purposes, remember:

Section 113 — Reference
Section 114 — Review
Section 115 — Revision
Section 116 — Application to Certain High Courts
Section 117 — Application of Code to High Courts