Civil Procedure Code: Jurisdiction

• Jurisdiction signifies a court's power to hear and decide a case.
• It establishes whether a court is competent to adjudicate a case presented before it.
• The Civil Procedure Code (CPC) in India defines and regulates civil courts' jurisdiction.

Types of Jurisdiction

• Subject Matter Jurisdiction
  • It pertains to a court's authority to hear cases of a specific nature.
  • A court must have competence regarding the specific category of cases.
  • For example, a revenue court has jurisdiction over land revenue matters.
  • A decree is null and void if the court lacks subject matter jurisdiction.
• Territorial Jurisdiction
  • It defines the geographical boundaries where a court can exercise its powers.
  • The CPC provides the rules to determine where a suit can be filed based on the cause, defendant's location, or business.
  • Sections 16 to 20 of the CPC deal with territorial jurisdiction.
• Pecuniary Jurisdiction
  • It refers to a court's authority to hear cases based on the monetary value.
  • Each court has limits on the maximum value of cases it can entertain.
  • District Courts generally have no upper pecuniary limit, they can hear cases of any value.
  • High Courts typically have unlimited pecuniary jurisdiction.
  • Civil Judge Junior and Senior Divisions have specific pecuniary limits defined by the state government.
• Original Jurisdiction
  • It is a court's power to hear cases in the first instance.
  • The case is initially filed and decided in this court.
  • High Courts and District Courts often have original jurisdiction in certain matters.
• Appellate Jurisdiction
  • It is a court's power to hear appeals against the decisions of lower courts.
  • High Courts and the Supreme Court have appellate jurisdiction.
  • Appeals are governed by specific provisions of the CPC and other relevant laws.
• Concurrent Jurisdiction
  • Two or more courts have the power to hear the same case.
  • The plaintiff can choose to file the suit in any of these courts.
  • Both District Courts and High Courts may have concurrent jurisdiction.
• Exclusive Jurisdiction
  • Only one specific court has the power to hear a particular type of case.
  • No other court can entertain such cases.
  • Certain tribunals have exclusive jurisdiction over specific issues.

Key Sections of the CPC related to Jurisdiction

• Section 9: Courts to try all civil suits unless barred.
  • Civil courts have jurisdiction to try all suits of a civil nature unless expressly or impliedly barred.
  • The exclusion of jurisdiction should not be readily inferred.
  • The burden of proof that jurisdiction is barred lies on the party asserting it.
• Section 15: Court in which suits to be instituted.
  • Every suit shall be instituted in the Court of the lowest grade competent to try it.
  • Pecuniary jurisdiction is dealt with under this section.
• Sections 16 to 20: Place of suing.
  • Section 16: Suits to be instituted where subject-matter is situate.
    • Suits related to immovable property shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
  • Section 17: Suits for immovable property situate within the jurisdiction of different Courts
    • Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate.
  • Section 18: Place of institution of suit where local limits of jurisdiction of Courts are uncertain
    • If the local limits of the jurisdiction of any Court is uncertain, the State Government may divide the area by notification among the Courts with jurisdiction.
    • The defendant can raise an objection where a court doesn't have jurisdiction.
  • Section 19: Suits for compensation for wrongs to person or movables
    • Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
  • Section 20: Other suits to be instituted where defendants reside or cause of action arises.
    • Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-
      • the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
      • any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
      • the cause of action, wholly or in part, arises.
• Section 21: Objections to jurisdiction
  • No objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
  • No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and unless there has been a consequent failure of justice.
  • No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.
• Section 24: General power of transfer and withdrawal
  • On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
    • transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
    • withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and
      • try or dispose of the same; or
      • transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
      • retransfer the same for trial or disposal to the Court from which it was withdrawn.

Factors Determining Jurisdiction

• Presence of the defendant
  • If the defendant resides/carries on business within its territorial limits, a court has jurisdiction.
  • It warrants that the defendant is served a notice and has an opportunity to defend the case.
• Cause of action
  • A court has jurisdiction if the cause of action arises within its territorial limits.
  • Cause of action refers to the facts that give rise to the right to sue.
• Subject matter of the suit
  • If the subject matter of the suit is located within its territorial limits a court has jurisdiction.
  • This is relevant in suits relating to immovable property.
• Pecuniary value of the suit
  • A court has jurisdiction up to the limit of its pecuniary jurisdiction.
  • The valuation of the suit is determined by the plaintiff, but the court can review it if it is arbitrarily inflated or undervalued.

Consequences of Lack of Jurisdiction

• If a court lacks jurisdiction, the judgment or order is considered void.
• Judgments can be challenged in appeal or revision.
• The principle of res judicata does not apply to decisions from a court lacking jurisdiction.
• An objection to jurisdiction can be raised at any stage.

Important Considerations

• Jurisdiction is a fundamental aspect of civil procedure.
• Determining the correct court with jurisdiction before instituting a suit is essential.
• Defects in jurisdiction can lead to delays, wasted costs, and invalid judgments.
• The rules regarding jurisdiction are intricate and require careful analysis of the facts and applicable laws.