Section 116 — Part to apply only to certain High Courts
A scoping line. The special provisions of Part IX apply only to High Courts — and only to those not being the court of a Judicial Commissioner. It confers nothing of its own; it simply fixes whom the rest of the Part (§§ 117–120) reaches.
How to read Section 116
A scoping rule
§ 116 only fixes the reach of Part IX — it does not grant any power itself. It tells you which courts §§ 117–120 apply to.
High Courts only
The Part applies to High Courts — the special rules on original-side jurisdiction, costs and audience are meant for them, not for ordinary civil courts.
But not a J.C.’s Court
It excludes a High Court that is the court of a Judicial Commissioner — the apex civil court of certain smaller territories before they had full High Courts.
The bare Act
1This Part applies only to High Courts 2not being the court of a Judicial Commissioner.
→ Defines the reach of Part IX (§§ 116–120 — special High-Court provisions); read with § 117 (the Code applies to such High Courts).
1. “This Part applies only to High Courts” was substituted by Act 2 of 1951, s. 14 (w.e.f. 1-4-1951) for “chartered High Courts”. 2. “not being the court of a Judicial Commissioner” was substituted by the Adaptation of Laws (No. 2) Order, 1956 for “for Part A States and Part B States”.
How the words evolved
As first enacted, Part IX applied to the “Chartered High Courts” — the High Courts of Calcutta, Bombay and Madras, which had been established by royal charter and exercised an original civil jurisdiction (the very jurisdiction these special rules are about). Act 2 of 1951 replaced that phrase with the plainer “High Courts”, and a later clause spoke of Part A and Part B States. When the States were re-organised, the Adaptation of Laws (No. 2) Order, 1956 recast the exclusion as “not being the court of a Judicial Commissioner” — keeping out the apex courts of certain smaller territories, which were then Judicial Commissioners’ Courts rather than full High Courts.
Key terms decoded
The Code’s special provisions for the High Courts, §§ 116–120 — application of the Code, execution before costs, right of audience, and the venue carve-out.
The superior courts at the head of a State’s judiciary. § 116 limits Part IX to them (with the one exclusion below).
The highest civil court of certain smaller provinces / Union Territories before they had full High Courts — excluded from Part IX.
The original phrase (pre-1951) — the High Courts of Calcutta, Bombay and Madras, set up by royal charter with original civil jurisdiction.
Categories of States under the original Constitution (before the 1956 re-organisation) — the wording § 116 used briefly before the 1956 adaptation.
The picture — the reach of Part IX
§ 116 draws the boundary of Part IX. The special rules that follow — about a High Court’s original-side jurisdiction, costs and audience — were written for the High Courts, and the section keeps them clear of a Judicial Commissioner’s Court.
Section 116, part by part
Connected provisions
Section 116 opens Part IX — the Code’s special provisions for the High Courts. Having fixed the reach, the Part goes on to confirm that the Code applies to such High Courts (§ 117), then adds carve-outs on execution before costs (§ 118), right of audience (§ 119) and the venue sections excluded from the original side (§ 120).