Description

Section 117 of the Code of Civil Procedure (CPC) deals with the application of the Code to the High Court. It clarifies how certain provisions of the CPC apply to the High Courts of India, particularly in relation to the exercise of their civil jurisdiction and procedural powers.

Key Provisions of Section 117:

1. Applicability to High Courts:

   • Section 117 specifies that the provisions of the CPC apply to the High Court in the exercise of its civil jurisdiction, including matters related to civil suits, appeals, and other legal proceedings.
   • The section reinforces that the CPC is applicable to High Courts when they are exercising civil jurisdiction, thus providing a uniform procedure for dealing with civil matters in the courts at various levels, including the High Court.

2. Applicability in the Exercise of Original Civil Jurisdiction:

   • When the High Court exercises original civil jurisdiction, it applies the provisions of the CPC just like any other civil court.
   • For example, when the High Court is directly dealing with civil suits (as opposed to appellate functions), it must follow the procedural rules of the CPC to ensure fairness and consistency in judicial proceedings.

3. Incorporation of Rules by High Court:

   • Although the CPC applies to High Courts in terms of civil jurisdiction, the High Court is also empowered to frame rules that are specific to the needs of the court and the legal framework in the region.
   • The High Court may make rules and regulations to guide its functioning in civil cases, provided these rules do not conflict with the core provisions of the CPC. These rules can help accommodate local practices and ensure effective administration of justice.

4. Application to Appellate Jurisdiction:

   • Similarly, the provisions of the CPC also apply to the High Court when it is exercising its appellate jurisdiction. The High Court must follow the procedures established under the CPC in deciding appeals from lower courts, ensuring consistency and fairness in its decisions.

5. Power to Adapt the Code:

   • The High Court, under Section 117, has the ability to adapt or modify certain provisions of the CPC as needed. For instance, if certain procedures are deemed unsuitable for the specific circumstances of a case or jurisdiction, the High Court can issue special rules.

6. Uniformity Across Courts:

   • The overarching objective of Section 117 is to bring uniformity and standardization in civil legal proceedings across various courts, including High Courts, district courts, and other subordinate courts.

Punishment

Section 117 does not specifically prescribe punishment or penalties for failure to comply with the provisions of the CPC in High Courts. However, the following can be understood from this section:

1. Legal Remedies and Compliance:
   • If the High Court fails to apply the appropriate provisions of the CPC, the aggrieved party may appeal or seek revision in accordance with other provisions of the CPC, depending on the nature of the error.
2. Uniformity in Legal Proceedings:
   • The consequence of applying the CPC to High Courts ensures that there is a uniform legal framework for civil proceedings, which helps in maintaining consistency in the delivery of justice.