Section 119 — Unauthorised persons not to address Court
Who may speak at the bar. The Code, by itself, does not entitle anyone to address the High Court’s original civil side on another’s behalf, or to examine witnesses — except where the Court, under its charter, has authorized him. And nothing in the Code touches the High Court’s own power to make rules about advocates, vakils and attorneys.
How to read Section 119
No audience from the Code
Nothing in the Code authorizes a person to address the High Court’s original civil side on another’s behalf, or to examine witnesses.
Except by the charter
Unless the Court, in exercise of the power conferred by its charter, has authorized him to do so — the right of audience comes from the charter, not the Code.
Rule-making untouched
Nor does the Code interfere with the High Court’s power to make rules concerning advocates, vakils and attorneys.
The bare Act
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.
→ The right of audience on the High Court’s original side comes from the Court’s charter / rules, not from this Code; and the High Court’s power over the legal profession (today read with the Advocates Act, 1961) is left intact.
Note. § 119 stands as in the original Code — a provision for the chartered High Courts, whose charters fixed who could appear and examine witnesses on the original side.
Key terms decoded
To appear and argue before the Court on a party’s behalf. § 119 says the Code does not, of itself, confer that right on the original side.
The High Court’s first-instance civil side — where these audience rules of the charter operate.
Acting for a party (not for oneself). A party may always act in person; § 119 is about representing another.
To put questions to witnesses in court — also confined, on the original side, to those the charter authorizes.
The High Court’s founding charter power to decide who may appear before it — the true source of the right of audience here.
The classes of legal practitioners — over whom the High Court keeps its rule-making power, which the Code does not disturb.
The picture — the right of audience comes from the charter
§ 119 keeps the right of audience on the High Court’s original side where the chartered High Courts always kept it — in the charter and the Court’s own rules, not in the general Code. And it leaves the Court free to regulate its own bar.
Section 119, part by part
Connected provisions
Section 119 is a Part IX carve-out about the High Court’s original civil side — the same jurisdiction § 118 and § 120 single out. It is an exception the application rule of § 117 saves; today it reads with the Advocates Act, 1961 and the High Court’s rules on the bar.