Kashmir law college

Nowshera Srinagar
Assignment file of cpc

NAME = AADIL BASHIR

ROLL NO = 17042127035

CLASS = BA LLB 7 TH

TOPIC = HOW IS ERROR IN JURISDICTION DIFFERENT FROM ERROR OF

JURISDICTION? DIFFERENTIATE BETWEEN TERRITORIAL, PECUNIARY

AND SUBJECT MATTER JURISDICTION.

SUBMITTED TO

SHAFQAT NAZIR
INTRODUCTION :-

Jurisdiction refers to the power or authority of the court to decide or hear on

a particular issue or matter. According to Cambridge dictionary jurisdiction
refers to the authority of the court or official organizations to make
Judgments and decisions. In Hadiya vs Ram Chandra, the Supreme Court
observed that Jurisdiction refers to the power to hear, determine, and
pronounce judgment on the issues before the court. In Major SS. Khanna
vs Brig Dillon (1963), it was held by the Supreme Court that the issue of
Jurisdiction is the first issue that is supposed to be decided by the court.
Ubi Jus Ibi Remedium which refers to where there is a right there is a
remedy. When the right of a person is infringed for the enforcement of their
remedy the person must go to an adequate forum. The Jurisdiction of a
case is decided on following grounds:

 Subject matter.
 Financial Value.
 Geographical limits.

Illustration: A is a tenant of B which was supposed to reside from 1996 to

1998 but he resided till 1999 he stayed illegally in possession of B for 1
year the place was located in Madhya Pradesh. Therefore, if B files a suit in
Uttar Pradesh then the case would be rejected because the Court of Uttar
Pradesh doesn’t have Jurisdiction. The case is supposed to be tried in
Uttar Pradesh considering the geographical limits.
Inherent Jurisdiction is used in almost all fields of law, it is the power that
should be used carefully ensuring that there is no arbitrariness or
uncertainty. The objective of inherent Jurisdiction is to ensure that courts
can exercise its power within limited circumstances.

GENERAL PRINCIPLES ASSOCIATED WITH SECTION 9 OF

CODE OF CIVIL PROCEDURE 1908

1. A decree passed by the court without having the Jurisdiction would

be null and void.
2. The presumption of jurisdiction should be made in favour of the civil
court.
3. The burden of proof is upon the party which asserts the exclusion of
jurisdiction.
4. For deciding the jurisdiction substance of the matter is important and
not its form.
5. Jurisdiction of a suit depends upon the claims made by the plaintiff in
the plaint and not upon the written statement.
6. Consent cannot take away or confer the jurisdiction of the suit in a
particular court.

KINDS OF JURISDICTION AND THEIR DIFFERENCES

 Pecuniary Jurisdiction :- In pecuniary jurisdiction, the court

decides to try cases based on its monetary value. It refers to the
 valuation done by the plaintiff and is considered for determining the
suit. If the court feels that the valuation done by the plaintiff is not
appropriate then the court would direct the plaintiff to appropriate
forums.

Illustration: A sues B for selling him adulterated Product he claims the

compensation worth 25,000 rupees but files a suit in the National
Commission. The National Commission would dismiss the case of A and
direct him to file a suit in the District forum.

 Subject Matter of Jurisdiction :- The court is expressly barred

from hearing cases which they are not supposed to try. A court
pronouncing a judgment without having the authority to try the case
the judgment would be held null and void.

Illustration: A sues B for cutting 20 trees in his locality he is supposed to file

a suit in National Green Tribunal if he files a suit in the District Court it
would get dismissed.

 Territorial Jurisdiction :- In territorial Jurisdiction the court tries

those cases where the offenses are committed in their area of the
jurisdiction where their decree or an order can be enforced.
However, in Lal Modi V DLF Universal Ltd (2005) the Supreme
Court held that even though the court doesn’t have a territorial
Jurisdiction the decision can be pronounced if the other party
agrees.
Illustration: A damages the car of B in Uttar Pradesh he then moves to
Kolkata where he conducts his manufacturing business. A gets the option
either to file a suit in Uttar Pradesh or Kolkata he can’t file a suit in any
other place.

JUDICIAL OBSERVATION ON THE JURISDICTION OF CIVIL

COURT

Dhulabhai vs State of MP (1968)

In this case, Justice Hindyatullah said various principles on the exclusion of

jurisdiction by various civil courts.

 When a state provides the finality of orders, the civil court jurisdiction
is prohibited from typing the case. Such provisions don’t eliminate
those cases which have not complied with the fundamental laws of
the Judicial method.
 When there is an express bar of jurisdiction of the court, an
examination of the bar of a jurisdiction scheme of a particular act to
find a sufficient remedy, but this is not crucial for maintaining civil
court jurisdiction.
 It examines terms of specific acts as an ultra virus and the decision of
the tribunal cannot go for a revision or reference by the High Court.
 When the terms are stated to be illegal or constitutionality of any term
is challenged. Then a writ of certiorari may be introduced on the
ground of refund but it is not necessary to compensate for the suit.
Prohibitions of the jurisdiction cannot take place until these provisions are
inferred by the court.

PMA Metropolitan vs M.M. Marthoma (1995)

In this case, the Supreme Court made a certain observation regarding

Section 9 of the Civil Procedure Code.

 Various phrases contained under Section 9 have both positive and

negative implications.
 The initial part debars opens the doors to try civil cases in the court,
latter debars from the entry of those cases which are expressly r
impliedly barred.
 The initial part was added during the inception and the latter was
added after 1976 explains the legislative intent.
A religious matter which involves the right of property is a case of civil
nature, the civil court is competent to try the case.
 The words and expressions impose an obligation on the court to
enforce the rights of the parties.
 No court can refuse to try cases that are mentioned in the
description.
 The word Shall makes it a compulsory section.

State of AP vs Majeti Laxmikanth Rao (2000)

The Supreme Court laid down two tests about the exclusion of jurisdiction
of the civil court.
 1. There should be a legislative intent to exclude the jurisdiction of the
civil court. It could be either directly or indirectly, have to mention
adequate reasons for justification for the exclusion of the suit.
2. There should be an existence of an alternate remedy available for
the claimant if not the jurisdiction of the civil court cannot be
excluded.

HOW IS THE ERROR IN JURISDICTION DIFFERENT FROM

ERROR OF JURISDICTION?

Though there appears to be no distinction between the error in jurisdiction

and error of jurisdiction on the face of it, but there is no similarity at all
between the two. There is constantly a demarcation between the
requirement of jurisdiction and irregular exercise of it. When it is held that
the court has jurisdiction to try and adjudicate a matter, the power of the
decision given cannot be said to be without jurisdiction in as much as the
power to decide necessarily carries with it the power to decide wrongly as
well as rightly. The difficult but an important question is that how the
absence of jurisdiction and irregular or erroneous exercise of jurisdiction
are differentiated.

ERROR IN JURISDICTION

Courts must not only have the jurisdiction to try the suit but must also have
the authority to pass the order sought for. Its jurisdiction must include the
power to hear and decide the questions at issue, the authority to hear and
decide the particular controversy that had arisen between the parties.
ERROR OF JURISDICTION

Court is said to committed error of jurisdiction when the court has no

jurisdiction to try the suit and it has decided the suit finally

The distinction between these two concepts has been time and again
brought on the front by the interpretation of courts.

In the case of Anisminic Ltd vs Foreign Compensation Commssion

(1969), it was held that any mistake of law made by an adjudicating in the
decision will be null and void and that a legal prohibition provision doesn’t
extinct the courts jurisdiction from judicial review except it is clearly
expressed.

In the matter of M.L Sethi vs R.P Kapur(1972) it was observed that the
difference between jurisdiction error and error of law within the jurisdiction
has been reduced to a fading point which is as follows:

“The distinction between jurisdictional and non-jurisdictional error is

ultimately based upon a foundation of sand. Much of the superstructure has
already been crumbled. What remains is likely quickly to fall away as the
courts rightly insist that all administrative action should be simply lawful
whether or not jurisdictionally lawful’’.

In the case of McDermott International Inc vs Burn Standard Co.

Ltd ( 2006) the court held that it is trite that the term of the contract can be
express or implied. The conduct of the parties would also be relevant factor
in the matter of construction of a contract. The construction of the contract
agreement is within the jurisdiction of the arbitrators having regard to the
wide nature, scope and ambit the arbitration agreement and they cannot be
said to have misdirected themselves in passing the award by taking into
consideration the conduct of the parties. It is also trite that correspondence
exchanged by the parties are required to be taken into consideration for the
purpose of the construction of the contract. Interpretation of a contract is a
matter for the arbitrator to determine, even if it gives rise to determination of
the question law. It has been held that the arbitrator has the jurisdiction, no
further question shall be raised and the court will not exercise its jurisdiction
unless it is found that there exists a bar on the face of award.

Regarding the distinction between error in jurisdiction and error of

jurisdiction, the court held that if the arbitrator commits an error in the
construction of the contract, that is error in jurisdiction. But if he wanders
outside the contract and deals with the matters not allowed to him, that
amounts error of jurisdiction.

From the above it is clear that there is no hard and fast distinction between
the error in law and error of law. But from the interpretation of the various
judgments pronounced by the court, I came the following differences
between the

ERROR IN JURISDICTION

1. Decree cannot be set aside by the same court.

2. Decree is not nullity.
3. It is obligatory on parties.
ERROR OF JURISDICTION

1. Judgement has no binding force.

2. Parties has no obligation.
3. Decree can be set aside by the same court.
4. Decree can be nullified in appeal.

CONCLUSION

A civil court needs to try a specific case to consider Section 9 of

the Civil Procedure Code into consideration. Excluding two
restrictions of the case is civil and implied or expresses a barrier it
can try any case. The Court can also dismiss the case when it
finds that t6he plaintiff has not compiled to the kinds of jurisdiction
Subject matter, Territorial and Pecuniary. Parties are not allowed
to decide the suit they are supposed to comply with the provisions
of law.
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