Sections 116, 117 and 118 CPC: Special Provisions Relating to Certain High Courts
Sections 116, 117 and 118 of the Code of Civil Procedure, 1908 form Part IX, titled "Special Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner." These provisions identify the High Courts to which Part IX applies, state the general application of the Code to those High Courts, and permit execution of certain decrees before the amount of costs is finally ascertained.
Section 116 CPC - Part to apply only to certain High Courts
116. Part to apply only to certain High Courts.
This Part applies only to High Courts not being the Court of a Judicial Commissioner.
Section 116 defines the scope of Part IX. It makes clear that the special provisions in this Part apply to the class of High Courts described in the section and not to a Court of a Judicial Commissioner.
Section 117 CPC - Application of Code to High Court
117. Application of Code to High Court.
Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to such High Courts.
Section 117 establishes the general rule that the provisions of the Code apply to the High Courts covered by Part IX. That general application is subject to the special provisions contained in Part IX, the rule-making provisions in Part X, and applicable rules.
Important: Section 117 must be read together with the specific exclusions and special rules applicable to original civil jurisdiction, including the provisions that follow in Sections 118 to 120 and rules framed under the Code.
Section 118 CPC - Execution of decree before ascertainment of costs
118. Execution of decree before ascertainment of costs.
Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.
Section 118 prevents the taxation or formal ascertainment of costs from necessarily delaying execution of the substantive part of a decree. If the High Court considers immediate execution necessary, it may direct execution of the decree apart from the portion relating to costs, while permitting execution of the costs component once that amount has been ascertained.
Practical effect of Sections 116, 117 and 118 CPC
These sections operate as a connected set. Section 116 identifies the High Courts governed by Part IX. Section 117 applies the Code to those High Courts subject to the stated exceptions. Section 118 then creates a specific procedural power for execution of a decree passed in original civil jurisdiction even when taxation of costs is still pending.
They should also be read with Sections 119 and 120, which contain further provisions concerning original civil jurisdiction of High Courts, and with Part X and the applicable High Court rules.
Official reference
Frequently asked questions
What does Section 116 CPC provide?
Section 116 limits Part IX to High Courts that are not Courts of a Judicial Commissioner.
Does the CPC apply to High Courts covered by Part IX?
Yes. Section 117 provides that the Code applies to such High Courts, subject to Part IX, Part X and applicable rules.
Can a decree be executed before costs are finally taxed?
Yes. Under Section 118, a High Court exercising original civil jurisdiction may order execution of the decree before costs are ascertained, except for the costs component. The costs portion may be executed after taxation determines the amount.
Are Sections 116 to 118 standalone provisions?
They form part of the broader scheme governing High Court procedure and should be read with Sections 119 and 120, Part X and applicable High Court rules.