Understanding the Importance of Section 120 in the Code of Civil Procedure, 1908: Preventing Unauthorized Persons from Addressing the Court

In an effort to demystify the intricacies of the law for our readers, our legal experts at SimranLaw delve into one of the less discussed yet significant laws in Indian jurisprudence, Section 120 of the Code of Civil Procedure, 1908. This section plays an instrumental role in maintaining the credibility, sanctity, and decorum of court proceedings by preventing unauthorized individuals from addressing the court.

Decoding Section 120

Section 120 of the Code of Civil Procedure, 1908, presents a straightforward guideline: it restricts any person who is not authorized or does not have the requisite permission from addressing the court. This section ensures only competent individuals speak before the court and helps maintain order during court proceedings. It upholds the dignity and prestige of judiciary while ensuring a smooth and efficient administration of justice.

Legal Interpretation of Section 120

The judicial interpretation and application of this section have further clarified its intentions and limitations. Let’s delve into some relevant case laws that shed light on these aspects.

Ramakrishna Reddiar v. A. V. Viswanatha Reddiar (AIR 1969 Ker 133)

In this case, the Kerala High Court elucidated the rationale behind Section 120. It vindicated that only a pleader duly appointed by a party has the right to represent them before the court. This representation could not be outrightly handed over to any person who was not qualified or authorized, as it could potentially jeopardize the sanctity of the court proceedings.

V. C. Rangadurai v. D. Gopalan (1979 AIR 164)

In this landmark judgement, the Supreme Court of India underscored the importance of quality and ethical representation envisaged under Section 120. It was clarified that legal practitioners have a dual responsibility: first towards their client and second towards the court. They are officers of the court and their conduct should be in line with upholding the dignity of the court.

Section 120: An Essential Pillar for Court Decorum

From the above cases and our professional experience, we at SimranLaw posit that Section 120 of the Code of Civil Procedure is not only about maintaining order in the courtroom but also about safeguarding the rights and interests of the parties involved in a lawsuit. By preventing unauthorized individuals from addressing the court, it controls the quality of representation and inhibits any prejudiced or ill-informed arguments from obstructing the course of justice.

In conclusion, while often overlooked, Section 120 serves as a poignant reminder of the crucial balance between rights, responsibilities, and respect within our judicial system. It ensures only aptly qualified and approved individuals represent parties in a lawsuit, hence maintaining the sanctity and order of our courts. We hope this article has deepened your understanding of this less-explored yet pivotal law.