Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 112 of Code of Civil Procedure: Savings
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)Nothing contained in this Code shall be deemed—
(a)to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution, or
(b)to interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals to that Court, or their conduct before that Court.
Section 112 provides that nothing contained in the CPC shall be deemed to affect the powers of the Supreme Court under the Constitution or interfere with its rules.
Supreme Court Plenary Powers Saving: Nothing contained in this Code shall be deemed: (a) to affect the powers of the Supreme Court under the Constitution, or (b) to interfere with any rules made by the Supreme Court.
Supremacy of Article 136 & 142: Preserves the extraordinary plenary jurisdiction of the Supreme Court under Articles 136 and 142 from statutory limitations.
Subordination of CPC to Supreme Court Rules: Supreme Court Rules, 2013 framed under Article 145 override any conflicting CPC provisions.
Key Landmark Precedents:
A.R. Antulay v. R.S. Nayak, (1988) 2 SCC 602: The Constitution Bench affirmed that the extraordinary constitutional powers of the Supreme Court are completely saved from statutory limitation by Section 112.
Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344: Affirmed the constitutional primacy preserved under Section 112.
Courtroom Practice & Strategic Litigation Guidance:
In Supreme Court proceedings, Supreme Court Rules, 2013 govern practice and filings; Section 112 explicitly confirms that statutory CPC limitations do not bind the apex court.
Legal Commentary & Landmark Judgments: Section 112
Section 112 provides that nothing contained in the CPC shall be deemed to affect the powers of the Supreme Court under the Constitution or interfere with its rules.
In Supreme Court proceedings, Supreme Court Rules, 2013 govern practice and filings; Section 112 explicitly confirms that statutory CPC limitations do not bind the apex court.