Description

Section 120 of the Code of Civil Procedure (CPC) addresses the applicability of certain provisions of the Code to the High Court when it is acting in its original civil jurisdiction. It clarifies that certain procedural rules or provisions of the CPC do not apply when the High Court is hearing cases in its original jurisdiction (i.e., when the High Court is directly handling the case as a trial court rather than in an appellate capacity).

Key Provisions of Section 120:

1. Exclusion of Certain Provisions:

   • Section 120 specifies that some provisions of the CPC do not apply to the High Court when it is exercising its original civil jurisdiction.
   • These provisions may include those that are generally applicable to lower courts or other jurisdictions but are considered inappropriate or redundant when applied to the High Court in its original jurisdiction.

2. High Court's Discretion in Civil Cases:

   • The High Court in its original jurisdiction may operate under different procedural norms, as it deals with a different scope and nature of cases compared to subordinate or district courts.
   • Since the High Court often deals with more complex or higher-stakes cases, the application of some standard provisions of the CPC may be modified or omitted in these specific instances.

3. Examples of Excluded Provisions:

   • The exact provisions of the CPC excluded from application under Section 120 can vary, but they are typically procedural rules that are deemed more relevant for subordinate courts, which deal with a broader range of cases.
   • For instance, certain steps for service of summons, or provisions relating to the execution of decrees, may be inapplicable or altered when the High Court is acting in its original jurisdiction.

4. Preservation of High Court's Rules:

   • This section allows the High Court to apply its own specific rules or adapt the general rules of the CPC to fit the context of its original jurisdiction.
   • The High Court may, therefore, enact rules or procedures that better align with its role, caseload, and structure.

5. Purpose of Section 120:

   • The primary aim is to streamline the legal process for cases in the original jurisdiction of the High Court, ensuring that the court’s procedures are suited to the nature of the case at hand.
   • This helps to avoid unnecessary delays or complications that could arise from trying to apply provisions designed for different types of courts and jurisdictions.

Punishment

Section 120 does not specify any punishment or penalty for the non-application of provisions. Instead, it serves a procedural purpose by setting out which parts of the CPC are not applicable when the High Court is exercising original civil jurisdiction. The consequences, in this case, would typically involve:

1. Discretionary Implementation of Rules:

   • Courts may adopt alternative provisions or their own rules, which might change the course of proceedings, but they are not penalized for not adhering to the specific provisions of the CPC that are excluded under Section 120.

2. Disputes Over Jurisdiction or Procedure:

   • In situations where a party argues that certain provisions should apply to the High Court in its original jurisdiction, the matter may be settled by further court orders or through higher court rulings.