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Section 117: Application of Code to High Courts

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Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 116 All 158 Sections of Code of Civil Procedure Section 118

Legal Commentary & Landmark Judgments: Section 117

Section 117 establishes that the provisions of the CPC shall apply to High Courts, save as otherwise provided by Part IX or by Part X or by rules of the High Court.

  • CPC Application to High Courts: Save as provided in this Part or in Part X or in rules, the provisions of the Code shall apply to High Courts.
  • High Court Rules Supremacy: High Court Original Side Rules and Appellate Side Rules framed under Section 122/129 prevail over general CPC provisions in case of conflict.
  • Chartered Original Jurisdiction: Preserves specialized summary procedures in commercial and civil suits filed on the Original Side of High Courts.
Key Landmark Precedents:
  • P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672: The Constitution Bench settled that under Section 117 read with Section 129, High Court Rules prevail over the provisions of the CPC where a specific contrary rule exists.
  • Iridium India Telecom Ltd. v. Motorola Inc., (2005) 2 SCC 145: The Supreme Court held that Original Side Rules of Chartered High Courts framed under Section 129 override CPC amendment timelines for filing written statements.
Courtroom Practice & Strategic Litigation Guidance:

In the Delhi High Court or Bombay High Court Original Side, follow the Delhi High Court (Original Side) Rules; Section 117 confirms that High Court rules prevail over conflicting CPC provisions.

Section 116 All 158 Sections of Code of Civil Procedure Section 118