Section 117 — Application of Code to High Courts

The plug-in clause. Save as Part IX, Part X or the rules otherwise provide, the provisions of the Code apply to such High Courts. So a High Court is, by default, governed by the Code like any other civil court — except where this Part’s carve-outs (§§ 118–120) or the rules say otherwise.

§ 117

How to read Section 117

The default — the Code applies

The provisions of the Code apply to such High Courts. They are not outside the Code; they run on it like any civil court.

Three savings

Subject only to what is provided in (i) this Part (IX), (ii) Part X (the rule-making provisions), or (iii) the rules made under it.

Read with § 116

“Such High Courts” = the High Courts that § 116 brings within Part IX — i.e. not a court of a Judicial Commissioner.

The bare Act

Section 117 · verbatim

Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to such High Courts.

→ The general application rule for High Courts; the carve-outs are this Part (§§ 118–120), Part X (§§ 121–131, rule-making) and the rules made under it. “Such High Courts” is fixed by § 116.

Note. Reproduced as “the provisions of this Code” (the authoritative text); some prints carry an obvious slip, “this Court”. § 117 stands as in the original Code.

Key terms decoded

Save as provided

“Except where otherwise provided” — the application is the default, and yields only to the three sources named.

This Part (Part IX)

§§ 116–120 — the special High-Court provisions whose carve-outs (§§ 118–120) override the general application.

Part X

§§ 121–131 — the Code’s rule-making Part (the High Court’s power to make rules; the First Schedule Orders).

Rules

The rules (the First Schedule Orders and rules a High Court makes) — where they provide otherwise, they prevail over the general application.

The provisions of this Code

The whole body of the Code — sections and Schedule alike — which § 117 makes applicable to such High Courts.

Such High Courts

The High Courts within Part IX by § 116 — High Courts not being the court of a Judicial Commissioner.

The picture — the Code applies, save three carve-outs

§ 117 is the bridge from the general Code to the High Courts: everything in the Code applies to them, and the section flags the only three places to look for an exception — this Part, Part X, and the rules.

Section 117, part by part

The saving (3 sources)

Save as provided in this Part or in Part X or in rules,

The application is subject to three sources only: Part IX (this Part), Part X (rule-making), and the rules. Where one of them provides otherwise, it prevails.

The default — Code applies

the provisions of this Code shall apply to such High Courts.

Otherwise, the whole Code applies to such High Courts (those within § 116). The High Courts are inside the Code, not outside it.

Connected provisions

Section 117 is the application rule of Part IX — the Code applies to such High Courts, save what §§ 118–120 (this Part), Part X (the rules) or the rules provide. It rests on § 116 (which High Courts) and leads into the carve-outs that follow.

§ 116 ←Which High Courts Part IX applies to. (Previous section.)

§ 118 →A carve-out — execute the decree forthwith, costs once taxed.

§ 120 →A carve-out — §§ 16, 17 & 20 not on the original side.

⚖ Part IX MapSpecial Provisions · High Courts §§ 116–120.

Test yourself

1 Does the general body of the Code apply to a High Court within Part IX? — Yes — § 117: the provisions of the Code apply to such High Courts.

2 Where should one look for an exception to that application? — In this Part (§§ 118–120), in Part X, or in the rules — the three savings in § 117.

3 What does “such High Courts” refer to? — The High Courts brought within Part IX by § 116 (not a court of a Judicial Commissioner).

Part IX · Special Provisions relating to the High Courts · Section 117 — Application of Code to High Courts.