Introduction 

High Courts occupy a position of paramount importance in India's judicial hierarchy, and the Code recognizes this by providing special provisions that acknowledge their distinct status and functions. These provisions are designed to facilitate the efficient administration of justice by High Courts in the exercise of their original civil jurisdiction, while maintaining the integrity and authority of these institutions. 

Scope of Application 

• Rule 116: Application Limited to Certain High Courts 
  • Part IX applies exclusively to High Courts that are not courts of Judicial Commissioners. This provision clearly delineates the scope of application of the special provisions contained in this Part. 
• Rule 117: General Application of the Code 
  • Save as specifically provided in Part IX or Part X or in the rules, the general provisions of the Code shall apply to High Courts. 
  •  This establishes that while High Courts enjoy certain special provisions, they remain subject to the broader framework of civil procedure established by the Code. 

Special Powers and Procedures 

• Rule 118: Execution of Decree Before Cost Ascertainment 
  • This provision empowers High Courts to order the execution of decrees passed in the exercise of their original civil jurisdiction before the costs incurred in the suit are ascertained by taxation. This allows for: 
    • Immediate execution of the substantive part of the decree. 
    • Deferral of execution regarding costs until they are properly ascertained through taxation. 
    • Subsequent execution of the costs component once taxation is completed. 
  • This provision enhances judicial efficiency by preventing delays in the execution of substantive relief granted by High Courts while ensuring that proper cost calculations are eventually incorporated. 
• Rule 119: Restrictions on Unauthorized Representation 
  • This rule establishes that nothing in the Code shall be deemed to: 
    • Authorize unauthorized persons to address the Court in the exercise of its original civil jurisdiction. 
    • Permit unauthorized persons to examine witnesses, except where specifically authorized by the Court under its charter. 
    • Interfere with the High Court's power to make rules concerning advocates, vakils, and attorneys. 
  • This provision preserves the High Court's authority to regulate legal practice within its jurisdiction and maintains professional standards of representation. 
• Rule 120: Exemption from Certain Provisions 
  • This rule explicitly exempts High Courts, in the exercise of their original civil jurisdiction, from the application of sections 16, 17, and 20 of the Code. These sections generally relate to: 
    • Section 16: Suits relating to immovable property 
    • Section 17: Suits for recovery of immovable property 
    • Section 20: Other suits to be instituted where defendants reside or cause of action arises 
  • This exemption acknowledges the special jurisdictional considerations applicable to High Courts and provides them greater flexibility in adjudicating matters within their original jurisdiction.

Conclusion

Part IX of the Code of Civil Procedure creates a specialized procedural framework for High Courts (not being courts of Judicial Commissioners) that recognizes their distinct status within the judicial hierarchy. These provisions balance the need for procedural uniformity across the judicial system with the necessity of providing High Courts with the procedural flexibility required for effective administration of justice at their level. 

The special provisions outlined in Rules 116 through 120 grant High Courts important procedural accommodations regarding decree execution, representation before the court, and jurisdictional requirements. These provisions are essential to the functioning of High Courts in their original civil jurisdiction and reflect the legislature's recognition of their unique role in the judicial system. 

These special provisions must be interpreted and applied in conjunction with other relevant parts of the Code and with any rules made by the High Courts in exercise of their rule-making powers, ensuring that the procedural framework remains comprehensive, coherent, and conducive to the efficient administration of justice.