Section 117 CPC — Application of Code to High Courts

Introduction

Section 117 of the Code of Civil Procedure, 1908 deals with the application of the provisions of the Code to High Courts.

It provides that, subject to the provisions contained in Part IX and Part X of the CPC and any rules, the provisions of the Code apply to proceedings before High Courts.

The provision ensures that the general procedural framework of the CPC applies to High Courts, while recognising the special provisions and rules applicable to them.

Section at a Glance

Particular	Details
Section	Section 117 CPC
Subject	Application of Code to High Courts
Part	Part IX
Nature	Procedural provision
Main Purpose	Application of CPC to High Courts
Related Provisions	Sections 116–120
Important Limitation	Subject to Part IX, Part X and applicable rules

Statutory Provision

Section 117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to High Courts.

Meaning of Section 117 CPC

Section 117 establishes that the provisions of the Code of Civil Procedure apply to High Courts, subject to the exceptions and modifications provided by:

• Part IX of the CPC;
• Part X of the CPC; and
• Rules applicable to the High Courts.

Therefore, Section 117 lays down the general rule that the CPC applies to High Courts, while also recognising that High Courts may be governed by special statutory provisions and procedural rules.

Object of Section 117

The main object of Section 117 is to ensure that the procedural provisions of the CPC apply to High Courts.

At the same time, the provision recognises that High Courts have their own special procedural framework.

Thus, Section 117 attempts to maintain a balance between:

• the general procedural provisions of the CPC; and
• special provisions and rules applicable to High Courts.

General Rule Under Section 117

The general rule can be stated simply:

The provisions of the CPC apply to High Courts unless Part IX, Part X or applicable rules provide otherwise.

Therefore, Section 117 should not be understood as making every provision of the CPC automatically applicable in every situation before a High Court.

The applicability is subject to the exceptions and qualifications specifically recognised by the section.

Exceptions Under Section 117

Section 117 expressly makes the application of the CPC subject to three sources of exceptions or modifications.

1. Part IX

Part IX contains special provisions relating to certain High Courts.

Section 116 begins Part IX and deals with its application to certain High Courts.

The provisions of Part IX therefore have to be considered when determining how the CPC applies to a High Court.

2. Part X

Part X contains provisions relating to rules.

These provisions recognise the power of High Courts to make rules regulating their procedure and the procedure of subordinate courts in matters covered by the CPC.

Therefore, rules made under the authority of the CPC can affect the manner in which the Code operates before the High Courts.

3. Rules

Section 117 also makes the application of the CPC subject to applicable rules.

High Courts have procedural rules governing various matters before them. Where such rules validly regulate procedure, they must be considered along with the general provisions of the CPC.

Section 117 and Section 116

Sections 116 and 117 are closely connected.

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

Section 117 provides the general rule regarding the application of the CPC to High Courts.

Basis	Section 116	Section 117
Subject	Application to Certain High Courts	Application of Code to High Courts
Main Function	Determines application of Part IX	Applies CPC to High Courts
Nature	Scope provision	General application provision
Important Connection	Part IX	Part IX, Part X and rules

Section 117 and Section 120

Section 120 is particularly important when studying Section 117.

Section 117 establishes the general application of the CPC to High Courts, while Section 120 excludes certain provisions from application to a High Court exercising its original civil jurisdiction, subject to the terms of the section.

Therefore, Section 117 must be read together with Section 120.

Section 117 and High Court Rules

High Courts have procedural rules governing matters before them.

Section 117 expressly recognises the importance of such rules by stating that the application of the CPC is subject to the applicable rules.

Therefore, when determining the procedure before a High Court, it is necessary to consider:

1. The CPC;
2. Part IX;
3. Part X; and
4. The relevant High Court rules.

Practical Importance

Section 117 is important because it establishes the general procedural relationship between the CPC and the High Courts.

It ensures that High Courts are not completely outside the procedural framework of the CPC while simultaneously recognising their special procedural rules and statutory provisions.

Example

Suppose a civil proceeding is before a High Court exercising its original civil jurisdiction.

The general provisions of the CPC may apply under Section 117. However, the court must also examine whether:

• Part IX contains a special provision;
• Part X contains a relevant provision; or
• the applicable High Court rules prescribe a different procedure.

Therefore, Section 117 operates as a general rule subject to specific exceptions.

Important Distinction

Section 116

Deals with the application of Part IX to certain High Courts.

Section 117

Deals with the application of the CPC to High Courts.

Section 118

Deals with execution of decrees before ascertainment of costs in specified circumstances.

Section 119

Deals with unauthorised persons addressing the Court.

Section 120

Deals with provisions not applicable to High Courts exercising original civil jurisdiction.

Important Points for Judiciary Exams

• Section 117 CPC deals with Application of Code to High Courts.
• It is contained in Part IX of the CPC.
• The general rule is that the provisions of the CPC apply to High Courts.
• The application is subject to Part IX, Part X and applicable rules.
• Section 117 should be read with Sections 116 and 120.
• High Court rules may regulate the procedure applicable before the High Court.
• Section 117 provides the general rule, while other provisions provide exceptions and qualifications.

Important Questions for Exams

1. Explain Section 117 CPC.
2. What is the object of Section 117?
3. What is the general rule regarding the application of the CPC to High Courts?
4. What are the exceptions recognised under Section 117?
5. Explain the relationship between Sections 116 and 117.
6. Explain the relationship between Sections 117 and 120.
7. How do High Court rules affect the application of the CPC?
8. Explain the significance of Section 117 in the scheme of the CPC.

Key Takeaways

Concept	Principle
Section 117	Application of Code to High Courts
General Rule	CPC applies to High Courts
Limitation 1	Subject to Part IX
Limitation 2	Subject to Part X
Limitation 3	Subject to applicable rules
Section 116	Application to Certain 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 116 – Application to Certain High Courts

Conclusion

Section 117 CPC establishes the general rule that the provisions of the Code of Civil Procedure apply to High Courts, subject to the provisions of Part IX, Part X and the applicable rules.

The provision is important because it recognises both the general procedural framework of the CPC and the special procedural rules governing High Courts.

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