Jurisdiction of Civil Courts

and
Place of Suing
By
M.ATHMA RUBAVATHI
Hierarchy of Civil Courts:

Supreme Court (Sections 109 and 112)

High Court (Sections 24, 100, 113, 115, 116 to 120)

District Judge Court City Civil Court

(Only in Metropolitan Cities)

District Subordinate
Judge Court (Section 3) Small Cause Courts (Section 7)

District Munsif Court

Jurisdiction
Jurisdiction is derived from the latin term “juris” and “dicto” - “I speak by the
law”

Jurisdiction

Original Appellate
(Sections 96, 100, 190)
1. Jurisdiction over subject-matter
2. Local or Territorial Jurisdiction
3. Pecuniary Jurisdiction
Jurisdiction as to subject matter:

➢ Jurisdiction of certain court to entertain certain matters for adjudication is

restricted by statutes. Certain courts are precluded from entertaining certain
suits
➢ Ex: Presidency Small Causes Court has no jurisdiction to try suits for specific
performance of a contract, partition of immovable property, foreclosure or
redemption of a mortgage.
➢ Divorce cases, insolvency cases, probate cases, suits under Companies Act,
suits under Guardian and Wards Act are exclusively triable by the District
Judges.
Territorial or local jurisdiction:

➢ Every court of law has its own territorial jurisdiction, which was fixed
by the State Government.
➢ The District Judge and High Court has to exercise jurisdiction within
his district and over the territory of a State within which it is situate
and not beyond it.
➢ A court has no jurisdiction to try a suit for immovable property
situated beyond the local limits.
➢ A court has no jurisdiction to try a suit for immovable property
situated beyond its local limits.
Pecuniary Jurisdiction

❖ The code provides that a court will have jurisdiction only over those
suits the amount or value of the subject-matter of which does not
exceed the pecuniary limits of the jurisdiction. (Section 6)
❖ Unlimited pecuniary jurisdiction - High Court and District Court
Original and Appellate Jurisdiction:

❖ Original jurisdiction is jurisdiction inherent in, or conferred upon a

court of first instance.
❖ In the exercise of that jurisdiction, a court of first instance decides
suits, petitions or applications.
❖ Appellate jurisdiction is the power or authority conferred upon a
superior court to re-hear by way of appeal, revision, etc., of causes
which have been tried and decided by courts of original jurisdiction.
Section 9: Jurisdiction of Civil Courts

A civil court has jurisdiction to try all suits of a civil nature unless
they are barred.

“The Court shall have jurisdiction to try all suits of a civil nature
excepting suits of which their cognizance is either expressly or impliedly
barred”.

Conditions:

1. The suit must be of a civil nature; and

2. The cognizance of such a suit should not have been expressly or
impliedly barred.
Place of Suing
Place of Suing - Sections 15 to 20

★ Place of suing - Venue of trial

★ Sections 15 to 20 of the CPC regulate the forum for institution of
suits.
❖ Pecuniary Jurisdiction

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.
❖ Territorial Jurisdiction

Section 16: Suits to be instituted where subject matter situated

a) For the recovery of immovable property with or without rent or profits,

b) For the partition of immovable property.
c) For foreclosure, sale or redemption in the case of a mortgage of or
charge upon immovable property.
d) For the defamation of any other right to or interest in immovable
property,
e) For compensation for wrong to immovable property,
f) For the recovery of movable property actually under distraint or
attachment, shall be instituted in the Court within the local limits of
whose jurisdiction the property is situate.
Section 17: Suits for immovable property situate within 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 limit of jurisdiction of
courts are uncertain

Where it is not possible to say with certainty that the property is situate
within the jurisdiction of the one or the other of several courts. In such a case,
one of these courts, if it is satisfied that there is such uncertainty, may after
recording a statement to that effect proceed to entertain and dispose of the
suit.
Section 19: Suits for compensation for wrongs to person or movables
Where such wrong consists of a series of acts, a suit can be filed at any
place where any of the acts has been committed. Where a wrongful act is
committed at one place and the consequence ensue at another place, a suit
can be instituted at the option of the plaintiff where the action took place or
consequence ensued.