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Section 119: Unauthorized persons not to address Court

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 118 All 158 Sections of Code of Civil Procedure Section 120

Legal Commentary & Landmark Judgments: Section 119

Section 119 prohibits unauthorized persons from addressing Chartered High Courts, preserving the exclusive right of audience of enrolled advocates.

  • Exclusive Right of Audience: Nothing in this Code shall be deemed to authorize any person on behalf of another to address the court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the court shall have in the exercise of the powers conferred by its charter authorized him so to do.
  • Advocates Act Integration: Reinforces the Advocates Act, 1961; power of attorney holders cannot address the court or argue cases as of right.
  • Institutional Decorum: Safeguards professional courtroom advocacy before constitutional courts.
Key Landmark Precedents:
  • Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379: The Supreme Court reviewed the exclusive right of advocates to address courts under the Advocates Act and Section 119 CPC.
  • Harishankar Rastogi v. Girdhari Sharma, (1978) 2 SCC 165: The Supreme Court held that a non-advocate cannot claim an absolute right to represent another litigant; permission can be granted only in rare, exceptional cases at the court's discretion.
Courtroom Practice & Strategic Litigation Guidance:

A General Power of Attorney (GPA) holder can sign pleadings under Order 6 Rule 14, but cannot address the High Court or argue the case; Section 119 restricts oral advocacy exclusively to enrolled counsel.

Section 118 All 158 Sections of Code of Civil Procedure Section 120