CS Professional · Drafting, Pleadings and Appearances

Judicial and Administrative Framework: formula sheet

Full chapter guide

Key formulas

Order of civil courts: Supreme Court → High Court → District Court → Civil Courts inferior to District Court / Courts of Small Causes; Section 3 covers only High Court downwards. The Supreme Court's position comes from the Constitution.
Section 3: District Court: District Court is subordinate to the High Court; Applies for the purposes of the CPC.
Section 3: lower courts: Civil Courts inferior to District Court and Courts of Small Causes are subordinate to the High Court and the District Court; Subordinate to both, not only to the District Court.
Section 129: High Court rules: High Court may make rules for its own procedure in original civil jurisdiction, not inconsistent with Letters Patent, order or other law establishing it; Does not apply to the Court of a Judicial Commissioner. Rules in force at commencement of the Code remain valid.
Court versus tribunal test: Court = general civil jurisdiction under the CPC; Tribunal = special jurisdiction under its own statute; Use this one-line contrast to open any answer on the difference between the two.
Quasi-judicial body test: Quasi-judicial = decides rights + hears both sides + gives reasoned order + not a court; If a body lacks a hearing and reasons, it is more likely administrative.
Exemption from arrest (Section 135(2), CPC): Parties, pleaders, mukhtars, revenue-agents, recognised agents and witnesses obeying a summons are exempt from arrest under civil process while going to, attending and returning from the tribunal; Applies when the matter is pending before a tribunal with jurisdiction, or one believed in good faith to have it. Process issued by the tribunal for contempt is excluded.
Limit on the exemption (Section 135(3), CPC): No exemption for a judgment-debtor under an order for immediate execution, or attending to show cause why he should not be committed to prison in execution of a decree; State this exception whenever you cite Section 135(2).
Stay of later suit (Section 10, CPC): No court shall proceed with a later suit if the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, pending in a court with jurisdiction to grant the relief; The section speaks of suits and courts. Do not apply it to tribunals without reasoning.
Section 122 power: Rules on own procedure + procedure of subordinate Civil Courts + annul/alter/add to First Schedule, after previous publication; Remember the three limbs and the condition of previous publication.
Section 129 power: Rules for original civil jurisdiction, as the High Court thinks fit, not inconsistent with Letters Patent, order or other law; Applies notwithstanding anything in the Code. Rules in force at commencement of the Code remain valid.
Rule Committee (Section 123): Central text: 3 High Court Judges (one with 3 years' service as District or Divisional Judge) + 2 legal practitioners + 1 subordinate Civil Court Judge; Members are appointed by the High Court, which also names the President. State amendments modify the composition. Assam: only two Judges if the High Court has no more than three. Tamil Nadu: three legal practitioners.
Committee report (Section 124): Report on proposal to annul, alter, add or make new rules; High Court must consider it before making rules under Section 122; The High Court must consider the report. The text does not say it must accept it.
High Courts other than those specified in Section 122 (Section 125): Section 122 powers exercised in the manner and subject to conditions the State Government may determine; Proviso: after previous publication, such a High Court may extend within its local limits rules made by another High Court.
Application of the Code to High Courts: Section 117: Code applies to High Courts, save as provided in Part X or in rules; The Code is the base law; special provisions and rules override it where they apply.
Place-of-suing sections excluded: Section 120: sections 16, 17 and 20 do not apply to a High Court in its original civil jurisdiction; Remember only these three sections. Do not extend the list.
Original side rule-making: Section 129: High Court may make rules for its own original civil procedure, not inconsistent with Letters Patent, order or other establishing law; Excludes the court of a Judicial Commissioner. Rules in force at commencement of the Code remain valid.
General rule-making: Section 122: after previous publication, rules for own procedure and for civil courts under its superintendence; may annul, alter or add to the First Schedule; Previous publication is a condition.
Other High Courts: Section 125: High Courts other than those in section 122 may exercise the section 122 power as the State Government may determine; The proviso allows extending rules made by another High Court within their own limits, after previous publication.
Addressing the court: Section 119: the Code does not authorise anyone to address the court or examine witnesses on another's behalf in original civil jurisdiction, unless authorised under the court's charter; The High Court also keeps its power to make rules on advocates, vakils and attorneys.

Quick revision

Section 116: this Part applies only to High Courts, not being the court of a Judicial Commissioner.
Section 117: save as provided in this Part, in Part X or in rules, the provisions of the Code apply to such High Courts. The official text prints "this Court", an evident misprint for "this Code".
Section 122: such High Courts may, after previous publication, make rules for their own procedure and that of civil courts under their superintendence.
Under Section 122, they may annul, alter or add to the rules in the First Schedule.
Section 124: a Rule Committee reports to the High Court, and the High Court must consider the report before making rules under Section 122.
Section 129: a High Court may make rules for its original civil jurisdiction, not inconsistent with the Letters Patent, order or other law establishing it.
Section 125: High Courts other than the courts specified in Section 122 may exercise the Section 122 powers in the manner and subject to the conditions the State Government may determine. Under the proviso, such a High Court may, after previous publication, make a rule extending within its local limits any rules made by any other High Court.
Section 130: a High Court not being one to which Section 129 applies may, with the State Government's previous approval, make rules on any matter other than procedure. These are rules that a High Court could make under article 227 of the Constitution.
Section 120: sections 16, 17 and 20 do not apply to a High Court in its original civil jurisdiction.
Section 119: nothing in the Code authorises a person to address the court for another on the original side, unless the court has authorised it.
Tribunals and quasi-judicial bodies are specialised forums, separate from the ordinary civil court ladder.
Answer format: provision, analysis of facts, conclusion.

Common mistakes

Saying lower civil courts are subordinate only to the District Court. Fix: Section 3 makes them subordinate to both the High Court and the District Court.
Attributing the Supreme Court's position to Section 3. Fix: Section 3 begins at the High Court. Place the Supreme Court at the top as a constitutional court.
Calling every tribunal a court and applying the full CPC. Fix: Say that a tribunal follows its own Act and rules and natural justice, and is not strictly bound by the CPC unless its Act says so.
Treating quasi-judicial and administrative functions as the same. Fix: Test for a duty to hear parties, decide rights on facts and give reasons. Without these it is administrative.
Saying Section 122 covers only the High Court's own procedure. Fix: Add the second limb: procedure of Civil Courts subject to its superintendence, plus the power over the First Schedule.
Leaving out previous publication. Fix: Always write that Section 122 rules are made after previous publication.
Saying the CPC does not apply to the original side at all Fix: Section 117 applies the Code to High Courts. Rules and Part X only modify it.
Listing the wrong sections as excluded under section 120 Fix: Only sections 16, 17 and 20 are excluded. Section 15 is not in the list.

Exam tips

Draw the hierarchy as a short list first, then explain it. It scores quickly and shows structure.
Quote Section 3 accurately: mention both the High Court and the District Court as supervising lower courts.
Use Section 129 whenever the question mentions original side or High Court rules.
In fact-based questions, end with the practical point: which court to file in and who supervises it.
Open with the statute that creates the body. Examiners reward this over general definitions.
In difference questions, give at least four points: source, jurisdiction, procedure, representation.
When citing Section 135, give both sub-section (2) and the exception in sub-section (3).
Close case-based answers with a one-line conclusion and the appeal route.