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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A practitioner is advising on the reach of Part X of the Code of Civil Procedure, 1908 (Sections 116 to 120). Under Section 116, to which courts does this Part apply?

Section 116 provides that Part X applies only to High Courts, excluding the court of a Judicial Commissioner. It does not extend to subordinate civil courts or Revenue Courts, so the option naming High Courts other than Judicial Commissioner courts is correct.

  1. AAll civil courts subordinate to a High Court
  2. BHigh Courts, other than a court of a Judicial CommissionerCorrect
  3. COnly courts of a Judicial Commissioner
  4. DRevenue Courts governed by special enactments

Explanation

Section 116 states that this Part applies only to High Courts not being the court of a Judicial Commissioner. Subordinate civil courts and Revenue Courts are not covered by it. A court of a Judicial Commissioner is expressly excluded.

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