Section 120: Provisions not applicable to High Court in original civil jurisdiction

Code of Civil Procedure 

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.

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Note: 1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Schedule.

Code of Civil Procedure 

Jurisdiction of courts and venue of suits

Jurisdiction means the authority by which a court has to decide matters that are brought before it for adjudication. The limit of this authority is imposed by charter, statute or commission. If no such limit is imposed or defined that the jurisdiction is said to be unlimited.

Limitation of jurisdiction of civil court is basically four kinds:

[1] Jurisdiction over the subject matter- to try certain matters by certain court is limited by statute (Ex. Small cause court- suit for money due under promissory note or a suit for price of work done)

[2] Place of suing or territorial jurisdiction – A territorial limit of jurisdiction for each court is fixed by Government.

[3] Jurisdiction over persons – All person of whatever nationality are subject to the jurisdiction of the country except foreign state.

[4] Pecuniary jurisdiction depending on pecuniary value of suit –There is no pecuniary jurisdiction of high court and district court.

Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate jurisdiction

Criminal and appellate jurisdiction- Supreme Court, High Courts and District courts have both original and appellate jurisdiction in various matter.

Unauthorised persons not to address Court

 

Code of Civil Procedure Section

 

119. Unauthorised persons not to address Court.—Nothing in this Code shall be deemed to authorise 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.

 

Code of Civil Procedure Section

Execution of decree before ascertainment of costs

 

Code of Civil Procedure Section

 

118. Execution of decree before ascertainment of costs.—Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

 

Code of Civil Procedure Section

Application of Code to High Courts

 

Code of Civil Procedure 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 Court shall apply to such High Courts.

 

Code of Civil Procedure Section

Part to apply only to certain High Courts

 

Code of Civil Procedure Section

 

PART IX

SPECIAL PROVISIONS RELATING TO THE ¹[HIGH COURTS 7[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ]

116. Part to apply only to certain High Courts.—This Part applies only to High Courts ²[not being the court of a Judicial Commissioner].

Note: 1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”.

 

Code of Civil Procedure Section

Section 115: Revision

 

Code of Civil Procedure 

 

115. Revision.—¹[(1)] The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:

²[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.]

³[(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.

⁴[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.]

Explanation.—In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding.]

Note: 1. S. 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).

2. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002).

3. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).

4. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).

 

Code of Civil Procedure 

Effect of amendment:

Earlier the remedy of final civil revision under Section 115 of the C.P.C. could have been availed of by the appellant herein but that remedy is not available to the appellant because of the amendment made in Section 115 of the C.P.C. by Amendment Act 46 of 1999 w.e.f. 01.07.2002.[1]

Section 115 of the Code of Civil Procedure as amended does not now permit a revision petition being filed against an order disposing of an appeal against the order of the trial court whether confirming, reversing or modifying the order of injunction granted by the trial court. The reason is that the order of the High Court passed either way would not have the effect of finally disposing of the suit or other proceedings. The exercise of revisional jurisdiction in such a case is taken away by the proviso inserted under sub-section (1) of Section 115 of the CPC.[1]

 

 

List of Cases:

[1] Surya Dev Rai vs Ram Chander Rai & Ors [SC]

Section 114: Review

 Code of Civil Procedure Section 113. Reference to High Court.

114. Review.—Subject as aforesaid, any person considering himself aggrieved—

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.

(b) by a decree or order from which no appeal is allowed by this Code, or

(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 115. Revision.

Simplified explanation:

Order XLVII Rule 1 deals with the power of review. Section 114 read with O.47 R.1 C.P.C. prescribes the limitations for entertaining a review petition. The same are: that the party filing the application for review has discovered a new and important matter or evidence after exercise of due diligence which was not within its knowledge or could not be produced by it at the time when the decree was passed; or order made or on account of some mistake or error apparent on the face of the record; or ‘for any other sufficient reason.’

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Complete note on "Review Application"

Judgments on Review Application

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Reference: http://www.nja.nic.in/16%20CPC.pdf

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