SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONERCentral

Section 119 of The Code of Civil Procedure, 1908

Unauthorised persons not to address Court.

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 power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys.

Summary

This section prevents unauthorized people from speaking in court on behalf of others.
It applies to High Courts when they are hearing original civil cases.
It also covers who is allowed to ask questions to witnesses (examine witnesses).
The court still has the power to authorize specific people under its own rules.
This ensures that only qualified and recognized individuals represent parties in serious High Court matters.

Practical examples

1Vijay wants his neighbor, who is good at arguing but not a lawyer, to represent him in a High Court lawsuit. Under this section, the neighbor is prohibited from addressing the court for Vijay.

2During a complex trial in the High Court, a local activist tries to question a witness. The judge uses this section to stop him because he is not an authorized person under the court's rules.

FAQ

1. What is the restriction under Section 119 of the Code of Civil Procedure, 1908?

Section 119 of the Code prohibits unauthorized persons from addressing the High Court or examining witnesses in its original civil jurisdiction.

2. Does Section 119 of the 1908 Act allow any exceptions?

Yes, Section 119 of the Act allows exceptions where the Court has exercised its power to authorize specific persons.

3. To which jurisdiction does Section 119 of the Civil Procedure law apply?

Section 119 of the Code specifically applies to the High Court in the exercise of its original civil jurisdiction.

Test yourself

1.Under Section 119 of the Code of Civil Procedure, 1908, unauthorized persons are forbidden from:

2.Section 119 of the 1908 Code specifically restricts the examination of:

3.Who has the power to allow someone to address the court despite Section 119 of the 1908 Act?

4.Section 119 of the Code of Civil Procedure, 1908, applies to the High Court when it is acting in:

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