Code
Section 120. Provisions not applicable to High Court in original civil jurisdiction.—
(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
Explanation of Section 120 CPC
Section 120 of the Code of Civil Procedure, 1908 creates an exception to the general application of the CPC to High Courts exercising original civil jurisdiction. The section specifically excludes Sections 16, 17, and 20 of the Code from applying to such High Courts.
Ordinarily, these provisions determine the territorial jurisdiction of courts in civil suits. However, when a High Court exercises its original civil jurisdiction, these sections do not govern the institution of suits.
Instead, the jurisdiction of the High Court depends upon its charter, statutory provisions, or the rules framed by the Court.
Meaning of Original Civil Jurisdiction
Original civil jurisdiction means the power of a High Court to hear and decide a civil suit at the first instance rather than hearing it as an appeal.
Certain High Courts, such as those at Bombay, Calcutta, Delhi, and Madras, exercise original civil jurisdiction in specified matters.
When such jurisdiction exists, Section 120 CPC becomes applicable.
Sections Excluded Under Section 120 CPC
Section 120 excludes the following provisions:
- Section 16: Suits relating to immovable property.
- Section 17: Suits involving immovable property situated within the jurisdiction of different courts.
- Section 20: Other suits to be instituted where the defendant resides or where the cause of action arises.
Therefore, these territorial jurisdiction rules do not apply to High Courts exercising original civil jurisdiction.
Purpose of Section 120 CPC
The main purpose of Section 120 CPC is to preserve the special jurisdiction enjoyed by certain High Courts.
If Sections 16, 17, and 20 applied to such High Courts, conflicts could arise between the CPC and the special jurisdiction granted by charters, statutes, or rules.
Accordingly, the legislature excluded these provisions to maintain consistency in the functioning of High Courts.
Importance of Section 120 CPC
Section 120 CPC recognizes the distinct position of High Courts exercising original civil jurisdiction. The provision allows these courts to function according to their own jurisdictional framework.
As a result, it ensures procedural flexibility and avoids jurisdictional conflicts.
Furthermore, the section protects the historical and statutory powers of High Courts.
Illustration
Illustration 1
A commercial dispute falls within the original civil jurisdiction of a High Court.
The territorial rules under Section 20 CPC do not determine whether the suit can be filed before that High Court.
Illustration 2
A property dispute involves immovable property located outside the territorial limits mentioned in Section 16 CPC.
If the High Court possesses original civil jurisdiction, Section 120 may exclude the application of Section 16.
Illustration 3
A High Court follows its own rules regarding jurisdiction over civil suits.
Those rules operate independently because Section 120 excludes the relevant provisions of the CPC.
Common Questions and Answers
1. What is the purpose of Section 120 CPC?
Answer:
Section 120 CPC excludes Sections 16, 17, and 20 from applying to High Courts exercising original civil jurisdiction.
2. Which sections become inapplicable under Section 120 CPC?
Answer:
Sections 16, 17, and 20 of the Code of Civil Procedure do not apply.
3. Does Section 120 apply to every High Court?
Answer:
No. It applies only when a High Court exercises its original civil jurisdiction.
4. Why are these provisions excluded?
Answer:
The exclusion preserves the special jurisdiction and procedural framework of High Courts exercising original civil jurisdiction.
Conclusion
Section 120 CPC creates an important exception within the Code of Civil Procedure. It excludes Sections 16, 17, and 20 when High Courts exercise original civil jurisdiction. The provision preserves the unique jurisdictional powers of these courts and prevents conflicts between the CPC and the special rules governing High Courts. Consequently, Section 120 plays a significant role in maintaining the independence and efficiency of original civil jurisdiction.
