Drafting, Pleadings and Appearances · Judicial and Administrative Framework
Section 116 CPC: Part X Applies Only to Certain High Courts
Updated 11 October 2026
Section 116 of the Code of Civil Procedure, 1908 says that the Part in which it sits (the Part on High Courts) applies only to High Courts, not being the court of a Judicial Commissioner. Section 117 then applies the Code to such High Courts, save as provided in this Part, in Part X or in rules.
Understand Application of the Code to High Courts (Section 116)
The Code of Civil Procedure, 1908 is the main procedural law for civil courts. Most of it is written for ordinary civil courts. But High Courts are different. They have their own history, their own Letters Patent and their own rule-making powers. So the Code has a separate Part for them.
Section 116 is a short scope clause for that Part. It says "this Part" applies only to High Courts, and it excludes the court of a Judicial Commissioner. Think of it as a gate. It tells you which courts the following sections cover.
The wording today comes from amendments. Older text spoke of "Chartered High Courts". Act 2 of 1951 replaced that with "High Courts". The Adaptation of Laws (No. 2) Order, 1956 later replaced the earlier reference to Part A States and Part B States, which gave the present bracketed words "not being the court of a Judicial Commissioner". You do not need the history for marks, but it explains why the text reads the way it does.
The next section, Section 117, completes the picture. It says that, save as provided in this Part or in Part X or in rules, the provisions of the Code apply to such High Courts. So High Courts follow the Code, but this Part, Part X and High Court rules can adjust it. Note that Section 117 treats Part X as separate from "this Part".
This links to the rule-making sections. Section 122 lets High Courts, other than the court of a Judicial Commissioner, make rules on their own procedure and the procedure of civil courts under their superintendence. Section 129 lets a High Court make rules for its original civil jurisdiction. Section 116 is the starting point for reading these.
Key rules to remember
- Scope of the Part (Section 116)
- "This Part" applies only to High Courts [not being the court of a Judicial Commissioner]
- Learn the exclusion. A Judicial Commissioner's court is outside this Part.
- Application of the Code (Section 117)
- Code applies to such High Courts, save as provided in this Part or in Part X or in rules
- The Code is the default. This Part, Part X and rules can override it. Section 117 names Part X separately from this Part.
- Rules on procedure (Section 122)
- High Courts may make rules on their own procedure and that of subordinate civil courts, after previous publication, and may annul, alter or add to the First Schedule rules
- Again excludes the court of a Judicial Commissioner.
- Original civil jurisdiction rules (Section 129)
- High Court may make rules for its original civil procedure, not inconsistent with its Letters Patent, order or other law
- Operates notwithstanding anything in the Code.
How to solve Application of the Code to High Courts (Section 116) questions
Use this method for any question on Section 116 or the application of the Code to High Courts.
- 1Identify the court in the facts. Is it a High Court, or the court of a Judicial Commissioner?
- 2State Section 116: the Part containing it applies only to High Courts, not being the court of a Judicial Commissioner.
- 3Apply the exclusion to the facts and say whether that Part reaches the court.
- 4Bring in Section 117: the Code applies to such High Courts, save as provided in this Part or in Part X or in rules.
- 5If the question is about procedure, add the relevant rule-making power (Section 122 or Section 129).
- 6Conclude clearly in one sentence, tied to the facts.
Quickest way: Two-line scope check
When to use it: Short-answer or one-mark style parts inside a longer case question.
- Write: Section 116 confines its Part to High Courts, excluding the court of a Judicial Commissioner.
- Write: Section 117 applies the Code to those High Courts, save as provided in this Part, in Part X or in rules.
- Add one sentence applying both to the given court.
Common mistakes in Application of the Code to High Courts (Section 116)
Saying the Part containing Section 116 applies to all courts
The word 'Part' makes students think it covers the whole Code.
Fix: State that it applies only to High Courts and not to the court of a Judicial Commissioner.
Forgetting the Judicial Commissioner exclusion
It sits in a bracketed phrase and is easy to skip.
Fix: Always quote the exclusion as part of the rule.
Saying Section 116 itself gives rule-making power
Students mix it with Sections 122 and 129.
Fix: Section 116 only fixes scope. Rule-making powers are in Sections 122 and 129.
Stating that the Code does not apply to High Courts
The Part on High Courts has special provisions, so students assume the Code is displaced.
Fix: Section 117 applies the Code to such High Courts, save as provided in this Part or in Part X or in rules.
Treating 'this Part' in Section 116 as Part X
Students guess the Part's number instead of reading the text.
Fix: Section 116 says only 'this Part'. Section 117 refers to 'this Part or Part X', so keep them separate.
Quoting old text such as 'Chartered High Courts'
Older notes use the pre-1951 wording.
Fix: Use the current wording: High Courts, not being the court of a Judicial Commissioner.
Worked examples
Example 1
State the scope of the Part of the Code of Civil Procedure, 1908 that contains Section 116. Does it apply to the court of a Judicial Commissioner?
Show the solution
- Provision: Section 116 says 'this Part' applies only to High Courts, not being the court of a Judicial Commissioner.
- Analysis: The Part is limited by court type. It is meant for High Courts. The court of a Judicial Commissioner is expressly taken out.
- Link: Section 117 then applies the Code's provisions to such High Courts, save as provided in this Part or in Part X or in rules.
- Conclusion: This Part does not apply to the court of a Judicial Commissioner.
Answer: The Part containing Section 116 applies only to High Courts, and not to the court of a Judicial Commissioner. The Code otherwise applies to such High Courts under Section 117, save as provided in this Part, in Part X or in rules.
Example 2
A student argues that because the Code has special provisions for High Courts, the Code of Civil Procedure does not govern a High Court at all. Advise with reference to Sections 116 and 117.
Show the solution
- Provision: Section 116 limits its Part to High Courts, excluding the court of a Judicial Commissioner.
- Provision: Section 117 says the Code's provisions apply to such High Courts, save as provided in this Part or in Part X or in rules.
- Analysis: The Code is the default law for these High Courts. This Part, Part X and rules can modify it, but they do not displace it as a whole.
- Practical point: Rules made under Section 122 or Section 129 may adjust procedure, for example for original civil jurisdiction.
- Conclusion: The student is wrong.
Answer: The argument fails. The Code applies to High Courts under Section 117, save as provided in this Part, in Part X or in rules. Special provisions only modify the Code in specific matters.
Exam tips
- Quote the exact scope: High Courts, not being the court of a Judicial Commissioner.
- Always pair Section 116 with Section 117 in an answer on application of the Code.
- Keep it short. This is a scope provision, so a precise two or three line answer earns more than a long essay.
- Where the facts mention procedure rules, add Sections 122 and 129 briefly.
- Use provision, analysis, conclusion order, even for short parts.
Practice questions from Judicial and Administrative Framework
- A High Court wishes to frame rules to regulate its procedure in the exercise of its original civil jurisdiction. Under Section 129, what lim…
- A High Court wishes to frame rules regulating its procedure in the exercise of its original civil jurisdiction. A lawyer argues that the rul…
- Sundaram Textiles Ltd files a suit on the original side of a High Court exercising original civil jurisdiction. The defendant objects that t…
- A High Court to which Section 129 does not apply wishes to make a rule on a matter other than procedure, which a High Court could make under…
- Mr. Raman Iyer, a member of a State Legislative Assembly, is a judgment-debtor in a money decree against him. The decree-holder seeks his ar…
Application of the Code to High Courts (Section 116): frequently asked questions
What does Section 116 of the CPC say?
It says that 'this Part', the Part in which it sits, applies only to High Courts, not being the court of a Judicial Commissioner. It fixes the scope of that Part.
Does the CPC apply to High Courts?
Yes. Section 117 says the provisions of the Code apply to such High Courts, save as provided in this Part or in Part X or in rules.
Is Section 116 the section that lets High Courts make rules?
No. Section 116 only sets scope. Rule-making powers are in Section 122 (own procedure and that of subordinate civil courts) and Section 129 (original civil procedure).
Why is the Judicial Commissioner's court excluded?
The text expressly excludes it from the Part. For exams, state the exclusion as the law and do not add reasons that are not in the text.