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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part IX: Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

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

Bare Act text

120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.

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Amendment notes

  1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and Sch. III.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Sections 16, 17 and 20 do not apply to the High Court when it exercises its original civil jurisdiction. These are the sections on suits concerning immovable property and on suits being instituted where the defendants reside or the cause of action arises. Sub-section (2) was repealed in 1909.

Part IX: Special Provisions Relating To The High Courts Not Being The Court Of A Judicial Commissioner

  1. 116 Part to apply only to certain High Courts
  2. 117 Application of Code to High Courts
  3. 118 Execution of decree before ascertainment of costs
  4. 119 Unauthorised persons not to address Court
  5. 120 Provisions not applicable to High Court in original civil jurisdiction
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