Section 120 CPC — Provisions Not Applicable to Chartered High Courts

Introduction

Section 120 of the Code of Civil Procedure, 1908 deals with certain provisions of the CPC that do not apply to Chartered High Courts while exercising their original civil jurisdiction.

The provision is important because High Courts exercising original civil jurisdiction have historically been governed by special procedural rules and powers under their respective charters. Section 120 therefore creates specific exceptions to the general application of the CPC.

Section at a Glance

Particular	Details
Section	Section 120 CPC
Subject	Provisions Not Applicable to Chartered High Courts
Part	Part IX
Court Concerned	High Court exercising original civil jurisdiction
Nature	Special procedural provision
Main Purpose	Excludes specified CPC provisions from application
Related Sections	Sections 116–119

Statutory Provision

Section 120. Provisions not applicable to Chartered High Courts.—(1) The following provisions of this Code shall not apply to any Chartered High Court in the exercise of its original civil jurisdiction, namely:—

(a) so much of the body of the Code as relates to—

(i) the place of suing;

(ii) the provision relating to the issue of summons to defendants;

(iii) the provisions relating to discovery and inspection;

(iv) the provisions relating to the settlement of issues;

(v) the provisions relating to the hearing of the suit and examination of witnesses;

(vi) the provisions relating to judgment and decree; and

(vii) the provisions relating to execution of decrees;

(b) the provisions of this Code relating to appeals from original decrees.

(2) Nothing in this section shall be deemed to affect the powers of the High Court under its charter to make rules regulating its own procedure.

Meaning of Section 120 CPC

Section 120 provides that certain provisions of the CPC do not apply to a Chartered High Court when it is exercising original civil jurisdiction.

The reason is that Chartered High Courts have historically possessed special procedural powers under their charters.

Therefore, the section recognises that the ordinary procedural provisions of the CPC cannot always be applied in the same manner to a Chartered High Court exercising original jurisdiction.

What is a Chartered High Court?

A Chartered High Court refers to a High Court established under a royal charter or letters patent, particularly the historical High Courts established during the British period.

The principal Chartered High Courts historically included the High Courts at:

• Calcutta;
• Bombay; and
• Madras.

These High Courts possessed original civil jurisdiction under their respective charters.

The term is therefore connected with the historical development of the Indian High Courts.

Object of Section 120

The main objectives of Section 120 are:

• To recognise the special procedural position of Chartered High Courts.
• To exclude certain CPC provisions from their original civil jurisdiction.
• To preserve the procedural powers available to such High Courts under their charters.
• To allow such High Courts to regulate their own procedure through rules.

Thus, Section 120 creates a special statutory exception to the general application of the CPC.

When Does Section 120 Apply?

Section 120 applies when the following conditions are satisfied:

1. The Court Must Be a Chartered High Court

The provision specifically concerns Chartered High Courts.

2. The High Court Must Be Exercising Original Civil Jurisdiction

The exclusion applies to proceedings where the High Court is exercising its original civil jurisdiction.

Therefore, the provision is not a general exclusion of the CPC from all proceedings before a High Court.

3. The Provision Must Fall Within the Specified Categories

Only the provisions identified by Section 120 are excluded.

It is therefore necessary to examine the exact statutory provision before concluding that a particular CPC provision is inapplicable.

Provisions Relating to Place of Suing

Section 120 excludes provisions concerning the place of suing from application to a Chartered High Court exercising original civil jurisdiction.

This means that the ordinary CPC provisions dealing with territorial and related jurisdictional questions do not operate in the same manner in such proceedings.

Provisions Relating to Summons

The provisions relating to the issue of summons to defendants are also excluded by Section 120.

The High Court’s own procedural rules and established practice may therefore govern such matters.

Discovery and Inspection

Section 120 excludes the provisions relating to discovery and inspection.

Discovery and inspection are procedural mechanisms through which parties may obtain information or inspect relevant documents in litigation.

In proceedings covered by Section 120, the relevant High Court rules and procedural powers become important.

Settlement of Issues

The provisions relating to the settlement of issues are also excluded.

Issues are the questions of fact or law that arise between the parties and require determination by the Court.

The exclusion reflects the special procedure followed by Chartered High Courts in their original civil jurisdiction.

Hearing of Suit and Examination of Witnesses

Section 120 also excludes provisions concerning:

• The hearing of the suit; and
• Examination of witnesses.

The procedure followed by the Chartered High Court may therefore be governed by its own rules and established procedural practice.

Judgment and Decree

The provisions relating to judgment and decree are also excluded from application under Section 120.

This does not mean that the High Court cannot deliver judgments or pass decrees.

Rather, it means that the specified provisions of the CPC concerning these matters do not govern the High Court in the same manner when it exercises the original civil jurisdiction covered by Section 120.

Execution of Decrees

Section 120 also excludes the specified provisions relating to execution of decrees.

The High Court’s own rules and procedural framework may therefore govern the execution of decrees passed in its original civil jurisdiction.

Appeals from Original Decrees

Section 120 further excludes the provisions of the CPC relating to appeals from original decrees.

This is an important point for understanding the special appellate arrangements historically applicable to Chartered High Courts.

Power to Make Rules

One of the most important features of Section 120 is that it preserves the High Court’s power to make rules regulating its own procedure.

Therefore, the exclusion of certain CPC provisions does not mean that the High Court is left without procedural rules.

Instead, the High Court may regulate its procedure through the authority available under its charter and applicable legal framework.

Section 120 and Section 117

Section 117 provides the general rule that the CPC applies to High Courts, subject to Part IX, Part X and the rules.

Section 120 provides an important specific exception to that general rule in relation to Chartered High Courts exercising original civil jurisdiction.

Section 117	Section 120
General application of CPC to High Courts	Specific exclusions
CPC generally applies	Certain provisions do not apply
Subject to Part IX, Part X and rules	Applies specifically to Chartered High Courts in original civil jurisdiction

Section 120 and Original Civil Jurisdiction

The phrase original civil jurisdiction is central to Section 120.

A High Court may exercise different types of jurisdiction, including:

• Original jurisdiction;
• Appellate jurisdiction; and
• Other jurisdiction conferred by law.

Section 120 specifically concerns the High Court when it exercises its original civil jurisdiction.

Therefore, it should not be interpreted as excluding the specified provisions from every proceeding before the High Court.

Practical Example

Suppose a civil suit is instituted directly before a Chartered High Court in the exercise of its original civil jurisdiction.

A party cannot automatically assume that every procedural provision of the CPC applies to that suit.

The party must consider Section 120 and the relevant High Court rules to determine which CPC provisions apply and which are excluded.

Importance of High Court Rules

Because Section 120 excludes several ordinary CPC provisions, the rules of the concerned High Court become particularly important in original civil proceedings.

The High Court’s procedural rules may regulate matters such as:

• Pleadings;
• Service of documents;
• Evidence;
• Hearing procedure;
• Judgments;
• Decrees; and
• Other procedural matters.

Thus, Section 120 reflects the importance of the independent procedural framework of Chartered High Courts.

Important Points for Judiciary Exams

• Section 120 CPC deals with provisions not applicable to Chartered High Courts.
• It applies to a Chartered High Court exercising original civil jurisdiction.
• Certain CPC provisions relating to the place of suing do not apply.
• Provisions relating to summons to defendants are excluded.
• Provisions concerning discovery and inspection are excluded.
• Provisions concerning settlement of issues are excluded.
• Provisions concerning hearing of suits and examination of witnesses are excluded.
• Provisions relating to judgment and decree are excluded.
• Provisions relating to execution of decrees are excluded.
• Provisions relating to appeals from original decrees are excluded.
• The High Court’s power to make rules regulating its own procedure is preserved.

Important Questions for Exams

1. Explain Section 120 CPC.
2. What is a Chartered High Court?
3. When does Section 120 apply?
4. Which provisions of the CPC are excluded under Section 120?
5. Explain the relationship between Sections 117 and 120.
6. Why are certain CPC provisions excluded from Chartered High Courts exercising original civil jurisdiction?
7. Explain the importance of High Court rules under Section 120.
8. Does Section 120 exclude the CPC from all proceedings before a Chartered High Court?

Key Takeaways

Concept	Principle
Section 120	Provisions Not Applicable to Chartered High Courts
Court	Chartered High Court
Jurisdiction	Original civil jurisdiction
Place of suing	Excluded
Summons	Specified provisions excluded
Discovery and inspection	Excluded
Settlement of issues	Excluded
Hearing and witnesses	Excluded
Judgment and decree	Excluded
Execution	Specified provisions excluded
Appeals from original decrees	Excluded
High Court rules	Power preserved

ALSO READ: Section 119 – Unauthorised Persons Not to Address Courts

Conclusion

Section 120 CPC recognises the special procedural position of Chartered High Courts exercising original civil jurisdiction. It excludes certain provisions of the CPC concerning matters such as place of suing, summons, discovery, issues, hearing, judgment, decree, execution and appeals from original decrees.

The provision does not mean that Chartered High Courts have no procedural rules. On the contrary, it preserves their power to regulate their own procedure through their charters and applicable rules.

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 Chartered High Court