Section 120 of The Code of Civil Procedure, 1908
Provisions not applicable to High Court in original civil jurisdiction.
Summary
- This section lists specific parts of the law that do not apply to a High Court when it acts as a trial court.
- It states that these rules do not apply to the High Court's original civil jurisdiction, which is the power to hear a case for the first time rather than as an appeal.
- The exclusions specifically include Section 16, which covers where to file suits for property.
- It also excludes Section 17, regarding property located in different court areas.
- Section 20, which determines where a suit can be filed based on where a defendant lives, is also excluded.
Practical examples
FAQ
1. Does Section 20 apply to a High Court trial under The Code of Civil Procedure, 1908?
No, Section 120 of The Code of Civil Procedure, 1908 specifically states that Section 20 does not apply to a High Court in its original civil jurisdiction.
2. Which three sections are excluded from High Court trial cases by Section 120 of The Code of Civil Procedure, 1908?
Sections 16, 17, and 20 are the three sections excluded by Section 120 of The Code of Civil Procedure, 1908.
3. What does original civil jurisdiction mean in Section 120 of The Code of Civil Procedure, 1908?
In Section 120 of The Code of Civil Procedure, 1908, original civil jurisdiction refers to the court's power to hear and decide a case from the very beginning.
Test yourself
1.Under Section 120 of The Code of Civil Procedure, 1908, which section is NOT applicable to a High Court's original trial powers?
2.Under Section 120 of The Code of Civil Procedure, 1908, a High Court trial ignores which rule?
3.According to Section 120 of The Code of Civil Procedure, 1908, how many specific sections are listed as non-applicable?
4.Under Section 120 of The Code of Civil Procedure, 1908, what is the status of Section 17 in a High Court trial?