Description

Section 116 of the Code of Civil Procedure (CPC) is a provision that specifies the applicability of certain parts of the CPC only to particular High Courts. It essentially clarifies that not all provisions of the CPC apply uniformly to all High Courts in India, and some sections may be applicable only to certain High Courts.

Key Provisions of Section 116:

1. Applicability to Specific High Courts:

   • Section 116 provides that certain provisions of the CPC are only applicable to the High Courts that were established under specific circumstances. This means that some of the procedural rules or powers granted by the CPC may not be relevant or applicable to every High Court in India.

2. Distinction between High Courts:

   • The section draws a distinction between different High Courts. Historically, India has had several High Courts, and the High Courts in the Presidency Towns (like Calcutta, Bombay, and Madras) had specific powers and functions that differed from those in other parts of the country.
   • The provisions of the CPC under Section 116 apply only to the High Courts in Presidency Towns, and not necessarily to all other High Courts.

3. Presidency Towns:

   • The term Presidency Towns historically referred to the cities where the British established their major administrative centers, i.e., Calcutta, Bombay, and Madras.
   • Certain rules or powers in the CPC are applicable only in these Presidency Towns, which had separate and distinct legal procedures and practices in place during the colonial era.

4. High Courts to Which It Applies:

   • The High Courts referred to under Section 116 include the High Courts of Calcutta, Bombay, and Madras. These courts had specific practices that were different from other High Courts in India, and as such, the provisions under Section 116 are meant to apply only to these courts.
   • For High Courts in other regions, the rules may differ, and the section restricts the use of some provisions of the CPC to these particular High Courts.

Punishment

Section 116 does not prescribe punishments or penalties, but its provisions may have the following consequences:

1. Limitations on Legal Procedures:

   • The section limits the jurisdiction or application of certain provisions, meaning some courts in India may not have the same legal remedies, procedures, or powers as others.

2. Differentiation in Legal Processes:

   • The consequence of Section 116 is that certain procedures or powers granted by the CPC apply to certain High Courts only, which may lead to differences in the way cases are handled across India.

3. Effect on Legal Representation:

   • Lawyers practicing in different jurisdictions (depending on the High Court) must be aware of the specific procedural rules that apply to each High Court. This can affect the strategy and legal arguments used in cases depending on the applicable provisions.