Code
Section 119. Unauthorized persons not to address Court.—
Nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.
Explanation of Section 119 CPC
Section 119 of the Code of Civil Procedure, 1908 places restrictions on who may appear, address the Court, and examine witnesses before a High Court exercising original civil jurisdiction. The provision ensures that only duly authorized persons represent parties before the Court.
The section makes it clear that the CPC itself does not automatically permit every person to act on behalf of another person in court proceedings. A person cannot argue a case, question witnesses, or conduct proceedings merely because the Code exists.
Representation Before the High Court
When a High Court exercises its original civil jurisdiction, only authorized individuals may address the Court on behalf of a litigant.
Generally, advocates who possess the required qualifications and enrollment rights may appear and conduct cases. Other persons may appear only when the High Court specifically authorizes them.
Thus, Section 119 protects the integrity of legal representation before the High Court.
Examination of Witnesses
The section also restricts the examination and cross-examination of witnesses.
A person who lacks proper authority cannot examine witnesses on behalf of another party. The Court may permit such representation only if its rules or charter expressly allow it.
This safeguard ensures that court proceedings remain professional and orderly.
Power of High Courts to Frame Rules
Section 119 preserves the rule-making powers of High Courts regarding advocates, vakils, and attorneys.
High Courts may establish procedural rules concerning:
- Appearance before the Court.
- Rights of audience.
- Conduct of advocates.
- Examination of witnesses.
- Professional practice before the Court.
Therefore, the provision recognizes the independence of High Courts in regulating legal practice.
Purpose of Section 119 CPC
The primary objective of Section 119 CPC is to prevent unauthorized representation in court proceedings. The provision protects litigants and ensures that legal proceedings are conducted by competent and authorized individuals.
Furthermore, it maintains professional standards in the administration of justice.
Importance of Section 119 CPC
Section 119 CPC safeguards the dignity and efficiency of judicial proceedings. It prevents unqualified persons from representing others without permission.
The provision also protects the authority of High Courts to regulate legal practitioners and maintain discipline within the legal profession.
As a result, Section 119 contributes to the proper administration of civil justice.
Illustration
Illustration 1
A friend of a litigant appears before the High Court and attempts to argue the case without authorization.
The Court may refuse to allow the person to address the Court under Section 119 CPC.
Illustration 2
A party wishes to appoint a non-advocate to examine witnesses.
The person may conduct the examination only if the High Court permits such representation.
Illustration 3
A High Court frames rules regarding the appearance of advocates.
Those rules continue to operate unaffected by the provisions of the CPC.
Common Questions and Answers
1. What is the purpose of Section 119 CPC?
Answer:
Section 119 CPC prevents unauthorized persons from addressing the High Court or examining witnesses on behalf of others.
2. Can any person argue a case before the High Court?
Answer:
No. Only authorized persons, such as advocates or persons permitted by the High Court, may represent others.
3. Does Section 119 affect the rule-making powers of High Courts?
Answer:
No. The section specifically preserves the powers of High Courts to make rules regarding advocates, vakils, and attorneys.
4. Can a non-advocate examine witnesses in court?
Answer:
A non-advocate may examine witnesses only if the High Court grants permission under its rules or powers.
Conclusion
Section 119 CPC ensures that only authorized persons may address the High Court or examine witnesses during proceedings conducted under its original civil jurisdiction. The provision protects the integrity of legal practice, preserves the authority of High Courts, and promotes professional standards in judicial proceedings. Consequently, Section 119 plays an important role in maintaining the orderly administration of civil justice.
