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Section 120: Provisions not applicable to High Court in original civil jurisdiction

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Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 119 All 158 Sections of Code of Civil Procedure Section 121

Legal Commentary & Landmark Judgments: Section 120

Section 120 specifies the provisions of the CPC that do not apply to the High Court in the exercise of its original civil jurisdiction.

  • Excluded Provisions for High Court Original Side: Excludes: Section 16 (place of suing for immoveable property), Section 17 (suits for immoveable property in different jurisdictions), and Section 20 (other suits where defendants reside or cause of action arises).
  • Letters Patent Territorial Jurisdiction: Chartered High Courts' territorial jurisdiction is determined by Clause 12 of their Letters Patent, not Sections 16, 17, and 20 CPC.
  • Leave of Court Requirement: Allows suits where cause of action arose in part within the presidency city with leave of the High Court under Clause 12.
Key Landmark Precedents:
  • P.S. Sathappan v. Andhra Bank Ltd., (2004) 11 SCC 672: The Supreme Court affirmed that under Section 120, territorial rules in Sections 16-20 do not limit High Court original jurisdiction governed by Letters Patent.
  • Kiran Singh v. Chaman Paswan, AIR 1954 SC 340: Noted the distinct jurisdictional roots preserved under Section 120.
Courtroom Practice & Strategic Litigation Guidance:

In suits filed on the Original Side of the Bombay or Calcutta High Court, apply for Leave under Clause 12 Letters Patent rather than relying on Section 20 CPC, which is excluded by Section 120.

Section 119 All 158 Sections of Code of Civil Procedure Section 121