PECUNIARY JURISDICTION

SECTION 6
“—Save in so far as is otherwise expressly provided, nothing herein contained shall operate
to give any Court jurisdiction over suits the amount or value of the subject-matter of which
exceeds the pecuniary limits (if any) of its ordinary jurisdiction.”

It is the plaintiffs valuation in his plaint which prima facie determines the jurisdiction of the
court and not the amount which may be found or decreed by the court. [Fray v. Voules,
(1859) 1 E&E 839]
Where different suits which are severally within the jurisdiction of the court are consolidated
for hearing, the court does not lose its jurisdiction to hear it by reason of the value of all the
suits exceeding its jurisdiction if taken together.[ Ramappayya v. Subbamma, AIR 1949 Mad
98]
The Bombay High Court has held that in a case of damages, the amount of damage which the
Court can award is limited to the pecuniary jurisdiction of the Court.[ Jiwibai v. Ram Kumar,
AIR 1947 Nag 17:]
Mesne profits after suit do not affect pecuniary jurisdiction. The value of a suit for the
recovery of possession and mesne profits is the value of the immovable property plus mesne
profits up to the date of the suit. Mesne profits after suit do not form part of the cause of act
ion even though there be a prayer in the plaint for mesne profits after suit. If the suit is
properly brought in the court of a munsiff for the recovery of possession of land and mesne
profits prior to the date of the suit, and there is also a prayer for mesne profits from the date
of the institution of the suit, which are claimed or assessed at a sum beyond the pecuniary
jurisdiction of the munsiff, the munsiff has jurisdiction to fix the mesne profits from and after
the date of the institution of the suit and to pass a decree therefore although the amount may
be beyond his pecuniary jurisdiction.[ Sadashiv v. Maruti, (1890) ILR 14 Bom 455]
ILLUSTRATION
A sues B for possession of land valued at Rs 686 and for the mesne profits up to the date of
the suit valued approximately at Rs 200 and for mesne profits subsequent to the date of the
suit not valued at all. The suit is brought in the court of a munsiff whose pecuniary
jurisdiction is limited to Rs 1,000. A decree is passed in the suit for the plaintiff for
possession and for mesne profits upto the date of the suit. Subsequently, the plaintiff applies
to the munsiff for assessment of mesne profits after the date of the suit claiming Rs 60,000
for such profits. The munsiff can pass a decree for Rs 60,000 though the amount exceeds his
pecuniary jurisdiction.
This section has no application to proceedings other than suits.[ Hemalatha v. Jambu Prasad,
AIR 1959 All 383]
But proceedings in execution are included in the word suit and will be governed by the
provisions of the Code of Civil Procedure.[Chambers v. Mason, (1858) 5 CBNS 59]
Example where valuation of sm of application exceeds subject value of suit.

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JURISDICTION OF CIVIL COURTS
SECTION 9
Courts to try all civil suits unless barred.—
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil
nature excepting suits of which their cognizance is either expressly or impliedly barred.
[Explanation I]—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to
religious rites or ceremonies.
[Explanation II]—For the purposes of this section, it is immaterial whether or not any fees are
attached to the office referred to in Explanation I or whether or not such office is attached to a
particular place.]

A court is said to have jurisdiction of the subject matter of a particular controversy if the
court has authority to hear and decide causes of a class to which the particular controversy
belongs.
the allegations made in the plaint decide the forum. The jurisdiction does not depend upon the
defence taken by the defendants in the written statement.4
In all types of civil disputes, civil court has inherent jurisdiction as per s 9, unless a part of
that jurisdiction is curbed out from such jurisdiction, expressly or by necessary implication,
by any statutory provision and conferred on any other tribunal or authority.6

SUIT OF CIVIL NATURE

A suit is of civil nature if the principal question therein relates to the determination of a civil
right and enforcement thereof. It is not the status of parties of the suit, rather the subject-
matter of it which determines whether or not the suit is of a civil nature.

Most Rev P.M.A. Metropolitan vs Moran Mar Marthoma [1995 AIR 2001]
Example of suits of civil nature
1. Suit by govt servant for arrears of salary
2. Right to worship
3. Right relating to religious or other processions
The Supreme Court has laid down certain principles deciding the question as to
whether a right to a religious office would be a right of civil nature or not? These are:
(i) A suit for a declaration with respect to religious honours and privileges
simpliciter will not lie in a Civil Court:
(ii) However, a suit to establish one's right to an office in a temple and to honours,
privileges, remuneration or requisites, attached to such an office will be
maintainable in a Civil Court.
(iii) The condition for the existence of an office is that the holder of the alleged
office should be under a legal obligation to discharge the duties attached to the
said office, for non-observance of which penalties can be inflicted on him. [ Sinha
Ramanuja v Ranga Ramanuja, AIR 1961 SC 1720 : (1962) 2 SCR 509]
4. Right of burial
5. Right of person as a member of club
6. Rights under contract
7. Suit for a declaration