Code
Section 117. Application of Code to High Courts
Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to such High Courts.
Explanation of Section 117 CPC
Section 117 of the Code of Civil Procedure, 1908 explains the extent to which the CPC applies to High Courts. The provision establishes that High Courts must generally follow the procedural rules contained in the Code. However, the section also recognizes certain exceptions.
The words “save as provided” indicate that the application of the Code is not absolute. Certain provisions contained in Part IX, Part X, or the rules framed by the High Courts may override the general provisions of the CPC.
Therefore, Section 117 creates a balance between uniform civil procedure and the special procedural powers of High Courts.
Application of the CPC to High Courts
The Code of Civil Procedure governs the conduct of civil cases in India. Section 117 extends these procedural rules to High Courts when they exercise civil jurisdiction.
As a result, High Courts apply the provisions relating to:
- Institution of suits.
- Appeals.
- Review petitions.
- Revision petitions.
- Execution proceedings.
- Decrees and orders.
However, the application remains subject to specific exceptions.
Exceptions Under Section 117
The section recognizes that certain provisions may not apply where:
- Part IX of the CPC provides a different rule.
- Part X contains special provisions.
- High Court rules prescribe a separate procedure.
Consequently, High Courts retain the authority to follow their own procedural rules whenever the law permits.
Importance of High Court Rules
High Courts possess rule-making powers to regulate their own practice and procedure. These rules help the courts manage cases efficiently and address local procedural requirements.
For example, a High Court may prescribe special rules for filing appeals, presenting documents, or conducting proceedings. In such situations, the applicable High Court rules govern the procedure.
Purpose of Section 117 CPC
The purpose of Section 117 CPC is to ensure procedural consistency while preserving the independence of High Courts.
The provision promotes uniformity in civil litigation across India. At the same time, it allows High Courts to adopt procedures that suit their administrative and judicial requirements.
Therefore, the section strengthens both judicial efficiency and procedural flexibility.
Illustration
Illustration 1
A party files a first appeal before a High Court. The provisions of the CPC relating to appeals apply unless the High Court rules provide a different procedure.
Illustration 2
A High Court has framed rules regarding electronic filing of cases. The parties must comply with those rules while following the CPC.
Illustration 3
A review application is filed before a High Court. The court applies the relevant provisions of the CPC along with its own procedural rules.
Common Questions and Answers
1. Does the CPC apply to High Courts?
Answer:
Yes. Section 117 CPC states that the provisions of the Code generally apply to High Courts.
2. Are there any exceptions to the application of the CPC?
Answer:
Yes. The provisions of Part IX, Part X, and the rules framed by High Courts may create exceptions.
3. Can High Courts frame their own procedural rules?
Answer:
Yes. High Courts have the authority to make rules governing their practice and procedure.
4. Why is Section 117 CPC important?
Answer:
Section 117 ensures procedural uniformity while allowing High Courts to follow special rules where necessary.
Conclusion
Section 117 CPC establishes that the Code of Civil Procedure applies to High Courts in civil matters. However, the provision also recognizes the importance of special rules and exceptions. By combining procedural uniformity with judicial flexibility, Section 117 helps High Courts administer civil justice effectively and efficiently.
