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CPC, 1908 — Section 120: Provisions Not Applicable to High Court in Original Civil Jurisdiction

⚖ Part IX · Special Provisions · High Courts — Map (§§116–120 overview) ↗
CPC, 1908 · Part IX · Special Provisions relating to the High Courts (§§116–120)

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

Three venue rules switched off. The Code’s place-of-suing sections — § 16, § 17 and § 20 — do not apply to a High Court in the exercise of its original civil jurisdiction. The chartered High Courts’ original side takes its venue from its Letters Patent, not from the Code’s general rules. (An old sub-section (2) was repealed in 1909.)

§ 120

How to read Section 120

Three sections switched off

Sections 16, 17 and 20 — the Code’s place-of-suing (venue) rules — do not apply here.

Only on the original side

The exclusion bites only when the High Court acts in its original civil jurisdiction (first-instance), not on its appellate side.

Why — the charter governs venue

The chartered High Courts’ original side has its own jurisdiction/venue under the Letters Patent (e.g. leave under clause 12), so the general rules are displaced.

The bare Act

Section 120 · verbatim

(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.

1* * * * *sub-section (2) — omitted (repealed 1909)

→ §§ 16/17/20 are the Code’s place-of-suing rules; on a High Court’s original side venue comes from the Letters Patent (e.g. clause 12 leave), not these. Read with § 117 (the carve-outs Part IX saves).

1. Sub-section (2) was repealed by Act 3 of 1909, s. 127 and the Third Schedule. Section 120 now consists only of sub-section (1).

The three excluded venue rules

§ 16 — where the property isSuits about immovable property are instituted where the property is situate. (Switched off on the HC original side.)Open § 16 ↗
§ 17 — property in two jurisdictionsWhere immovable property lies within the limits of different courts, the suit may be in any of them. (Switched off here.)Open § 17 ↗
§ 20 — other suitsOther suits go where the defendant resides / carries on business, or where the cause of action arose. (Switched off here.)Open § 20 ↗

Key terms decoded

Original civil jurisdiction

The High Court’s first-instance civil side — trying suits itself (the original jurisdiction of the chartered High Courts).

Place of suing (§§ 16–20)

The Code’s rules on where a suit must be filed — the venue rules. § 120 turns off §§ 16, 17 and 20 on the original side.

Sections 16, 17, 20

16 — immovable property where situate; 17 — property within different courts’ limits; 20 — other suits (defendant / cause of action).

Letters Patent (charter)

The charter constituting a chartered High Court — it fixes the jurisdiction and venue of the original side (e.g. clause 12 leave), which is why the general rules are displaced.

Repealed sub-section (2)

An old sub-section (2) of § 120 was repealed by Act 3 of 1909 — only sub-section (1) survives.

The picture — the venue rules don’t bind the original side

On the High Court’s original side, the place-of-suing rules step asideHIGH COURToriginal civil jurisdiction✗ switched OFF on the original side§16 — property where situate✗§17 — property in two courts✗§20 — defendant / cause of action✗Venue from the LETTERS PATENT(the charter) — e.g. clause 12 leavenot the Code’s general rulesOld sub-section (2) — repealed 1909 (Act 3 of 1909).

§ 120 closes Part IX by carving the High Court’s original side out of the ordinary venue rules. Where a suit must be filed there is settled by the Letters Patent — the charter that gave the High Court its original jurisdiction — so §§ 16, 17 and 20 simply do not reach it.

Section 120, part by part

(1) The bar
The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction,
A flat exclusion: on the High Court’s original civil side, the named provisions are switched off.
(1) The three sections
namely, sections 16, 17 and 20.
The three are the Code’s place-of-suing rules — § 16 (property where situate), § 17 (property in different courts), § 20 (other suits). Venue on the original side comes from the charter instead.
(2) [Repealed]
* * * * *
An old sub-section (2) stood here; it was repealed by Act 3 of 1909 (s. 127 & the Third Schedule). Only sub-section (1) survives.

Connected provisions

Section 120 closes Part IX. It is the last carve-out for the High Courts’ original civil side — turning off the place-of-suing rules (§§ 16, 17, 20) that the application clause of § 117 would otherwise carry in. The neighbouring carve-outs are § 118 (execution before costs) and § 119 (audience).

§ 119 ←Right of audience on the original side. (Previous section.)
§ 16 →Place of suing — immovable property where situate.
§ 117 →The Code applies to such HCs, save carve-outs like this.
⚖ Part IX MapSpecial Provisions · High Courts §§ 116–120 (complete).
Test yourself
1 A chartered High Court tries a suit on its original side. Do §§ 16, 17 and 20 govern where the suit may be filed? — No — § 120(1): those provisions do not apply to the High Court’s original civil jurisdiction.
2 Then what fixes the venue there? — The High Court’s Letters Patent (charter) — e.g. the leave requirement of clause 12 — not the Code’s general place-of-suing rules.
3 What happened to sub-section (2)? — It was repealed by Act 3 of 1909; only sub-section (1) remains.
Part IX · Special Provisions relating to the High Courts · Section 120 — Provisions not applicable to the original side.  |  End of Part IX (§§ 116–120).