Drafting, Pleadings and Appearances · Judicial and Administrative Framework

Original Side Jurisdiction and High Court Rules under the CPC

Updated 11 October 2026 · Fact-checked

Original side jurisdiction is a High Court's power to hear civil suits as a court of first instance. The CPC applies to High Courts, but section 129 lets chartered High Courts make their own rules for original civil procedure, provided those rules are not inconsistent with their Letters Patent or other establishing law.

Understand Original Side Jurisdiction and High Court Rules

Most High Court work is appellate: it hears appeals and revisions from lower courts. Some High Courts also hear suits directly, as the first court. This is called original civil jurisdiction, and the side of the court that does it is often called the original side. Bombay, Calcutta and Madras are the familiar examples, and the text of section 136(4) of the CPC itself refers to their ordinary original civil jurisdiction.

The starting point is section 117: save as provided in Part X (the High Court part) or in rules, the provisions of the Code apply to High Courts. So the Code is the base law. The High Court does not run its original side outside the Code.

But the original side needs some special treatment. Section 120 says sections 16, 17 and 20 do not apply to a High Court in the exercise of its original civil jurisdiction. These are the sections on place of suing. So the usual territorial limits on where a suit may be filed do not bind the original side in the same way.

The second layer is rule-making. Section 129 lets a High Court (not being the court of a Judicial Commissioner) make rules to regulate its own procedure in the exercise of its original civil jurisdiction, as it thinks fit. These rules must not be inconsistent with its Letters Patent, order or other law establishing it. Rules in force when the Code commenced stay valid. This is why you hear of the Bombay High Court (Original Side) Rules.

The third layer is section 122, a general power to make rules. High Courts may, after previous publication, make rules regulating their own procedure and that of the civil courts under their superintendence. They may annul, alter or add to the rules in the First Schedule. Think of it as: Code first, then High Court rules on top, with section 129 giving extra freedom for the original side.

Key rules to remember

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.

How to solve Original Side Jurisdiction and High Court Rules questions

Use this order for any question on original side jurisdiction or the link between High Court rules and the Code.

1Identify the court and the side: is the High Court acting as a court of first instance (original) or hearing an appeal (appellate)?
2State the base rule: under section 117 the Code applies to High Courts unless Part X or rules provide otherwise.
3Check whether the issue is territorial. If it is about where to sue, note that sections 16, 17 and 20 do not apply on the original side (section 120).
4Identify the rule-making source: section 129 for original side procedure, section 122 for general rules and the First Schedule, section 125 for other High Courts.
5Test the rule against the limits: it must not be inconsistent with the Letters Patent, order or other law establishing the court.
6Apply to the facts and reach a conclusion in one clear sentence.
7Close with a drafting or compliance point, for example check the court's original side rules before filing.

Quickest way: Code, then rules, then limit

When to use it: When you have limited time and the question asks how High Court rules relate to the CPC.

Write: Code applies to High Courts (section 117).
Write: High Court may make its own rules (sections 122 and 129).
Write: rules cannot conflict with the Letters Patent or establishing law.
Add the one fact-specific point, such as sections 16, 17 and 20 not applying (section 120).
Conclude in a line.

Common mistakes in Original Side Jurisdiction and High Court Rules

Saying the CPC does not apply to the original side at all
Students see that special rules exist and assume the Code is replaced.
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
Students recall that place of suing is affected and add section 15 or others.
Fix: Only sections 16, 17 and 20 are excluded. Section 15 is not in the list.
Saying High Court rules can override the Letters Patent
The words 'as it shall think fit' sound unlimited.
Fix: Section 129 requires rules not inconsistent with the Letters Patent, order or other law establishing the court.
Mixing up sections 122 and 129
Both deal with High Court rules.
Fix: Section 129 is for the High Court's own original civil procedure. Section 122 is the general power covering its own procedure, civil courts under its superintendence and the First Schedule.
Forgetting previous publication under section 122
Students remember the power but not the condition.
Fix: Write that rules under section 122 are made after previous publication.
Treating original and appellate jurisdiction as the same
Both are exercised by the same court.
Fix: Original means first hearing of a suit. Appellate means hearing an appeal, where section 107 powers such as remand or taking additional evidence arise.

Worked examples

Example 1

A company files a civil suit directly in a High Court that has original civil jurisdiction. The defendant objects that the suit is not within the territorial limits required by the CPC on place of suing. Advise, and explain which procedural rules govern the suit.

Show the solution

Provision: section 120 says sections 16, 17 and 20 do not apply to a High Court in its original civil jurisdiction.
Analysis: the objection rests on the place-of-suing sections. On the original side these sections do not apply.
Procedure: under section 117 the rest of the Code applies, subject to Part X and rules. Under section 129 the High Court's own original side rules also regulate procedure, if not inconsistent with its Letters Patent or establishing law.
Conclusion: the objection based on sections 16, 17 and 20 is not sustainable on that ground alone. Check the original side rules and the court's own jurisdictional provisions.
Compliance point: before drafting the plaint, read the court's original side rules for form, filing and service.

Answer: Sections 16, 17 and 20 do not apply to the High Court's original civil jurisdiction (section 120). The suit is governed by the Code (section 117) and the High Court's original side rules (section 129).

Example 2

Explain whether a High Court can frame a rule for its original side procedure that conflicts with its Letters Patent.

Show the solution

Provision: section 129 empowers a High Court to make rules to regulate its own procedure in original civil jurisdiction as it thinks fit.
Condition: the rules must be not inconsistent with the Letters Patent, order or other law establishing it.
Analysis: a rule conflicting with the Letters Patent breaches this condition.
Conclusion: such a rule cannot be validly made under section 129.
Note: rules in force at the commencement of the Code are saved by the section.

Answer: No. Section 129 permits rules only if they are not inconsistent with the Letters Patent, order or other establishing law, so a conflicting rule is outside the power.

Exam tips

Quote section numbers with their one-line content: 117, 120, 122, 125, 129. Do not add numbers you are unsure of.
Structure answers as provision, analysis, conclusion, and add a practical drafting point.
Draw the original versus appellate contrast in two lines; examiners like it as an opening.
Always state the limit on rule-making: not inconsistent with the Letters Patent or establishing law.
If the facts name a High Court, say its original side rules apply alongside the Code.

Practice questions from Judicial and Administrative Framework

Original Side Jurisdiction and High Court Rules: frequently asked questions

What is original civil jurisdiction of a High Court?

It is the power of a High Court to hear civil suits as the court of first instance, instead of hearing appeals. The CPC refers to it in sections such as 120, 129 and 136(4).

How are High Court rules related to the CPC?

The Code applies to High Courts under section 117. High Courts may also make rules under sections 122 and 129, which work alongside the Code and cannot conflict with the Letters Patent or establishing law.

Which sections of the CPC do not apply to the original side?

Sections 16, 17 and 20 do not apply to a High Court in the exercise of its original civil jurisdiction, as stated in section 120.

What is the difference between original and appellate jurisdiction of a High Court?

In original jurisdiction the High Court tries the suit itself. In appellate jurisdiction it reviews a lower court's decision, and section 107 gives an appellate court powers such as remanding a case or taking additional evidence.