Code
116. Part to apply only to certain High Courts.—
This Part applies only to High Courts not being the Court of a Judicial Commissioner.
Explanation of Section 116 CPC
Section 116 of the Code of Civil Procedure, 1908 limits the application of Part VII of the Code. The section clarifies that the provisions contained in this Part apply only to High Courts and do not apply to Courts of Judicial Commissioners.
Part VII of the CPC deals with matters relating to references, reviews, and revisions. The legislature introduced Section 116 to define the courts that may exercise the powers provided under this Part.
Meaning of High Court
For the purpose of Section 116 CPC, the term “High Court” refers to courts that possess the status and powers of a High Court under the Constitution and relevant laws.
These courts exercise supervisory and revisional jurisdiction over subordinate courts within their territorial jurisdiction.
Meaning of Court of Judicial Commissioner
A Court of Judicial Commissioner was a special judicial institution established in certain territories that did not possess a regular High Court.
Such courts exercised limited powers and functions. Since they were not considered High Courts for the purposes of Part VII, the provisions relating to references, reviews, and revisions did not apply to them.
Purpose of Section 116 CPC
The main objective of Section 116 CPC is to remove ambiguity regarding the applicability of Part VII.
The provision ensures that only recognized High Courts exercise the special powers granted under this Part. Consequently, judicial uniformity and proper supervisory control are maintained.
Present Relevance of Section 116 CPC
Most Courts of Judicial Commissioners no longer exist because of constitutional and administrative changes in India.
However, Section 116 remains part of the Code and continues to clarify the legislative intention behind the application of Part VII.
Importance of Section 116 CPC
Section 116 CPC defines the scope of the provisions relating to references, reviews, and revisions. It prevents confusion regarding the jurisdiction of different courts and ensures that these powers remain with the appropriate judicial authorities.
The section also preserves the hierarchical structure of the judicial system.
Illustration
Illustration 1
A party files a revision petition before a High Court under Section 115 CPC.
The High Court may exercise revisional jurisdiction because Part VII applies to it.
Illustration 2
A Judicial Commissioner’s Court attempts to exercise powers under Part VII.
Section 116 CPC excludes such courts from the application of these provisions.
Illustration 3
A subordinate court makes a reference to a High Court under Section 113 CPC.
The High Court may entertain the reference because Part VII applies to it.
Common Questions and Answers
1. What is the purpose of Section 116 CPC?
Answer:
Section 116 CPC specifies that Part VII of the Code applies only to High Courts and not to Courts of Judicial Commissioners.
2. Which provisions fall under Part VII of the CPC?
Answer:
Part VII primarily contains provisions relating to reference, review, and revision.
3. Does Section 116 CPC apply to all courts?
Answer:
No. The section applies only to High Courts and excludes Courts of Judicial Commissioners.
4. Why is Section 116 CPC important?
Answer:
The provision clarifies the jurisdiction of courts and ensures that the powers under Part VII are exercised only by competent High Courts.
Conclusion
Section 116 CPC serves as a jurisdictional provision that limits the application of Part VII to High Courts. It excludes Courts of Judicial Commissioners from exercising powers relating to references, reviews, and revisions. Although the practical significance of the provision has reduced over time, it continues to maintain clarity regarding the scope and applicability of these important procedural powers.
