Jurisdiction of the court

and Place of Suing:

Sec. 6 & 15 to 20
Sec. 21 to 26

By
Dr. Vivek Kumar
Kinds of Jurisdiction and Place of Suing: Sec.
6 & 15 to 20
 kinds of jurisdictions on which the place of suing lies:-

1. Pecuniary Jurisdiction
2. Territorial Jurisdictions, and
3. Subject Matter Jurisdictions

 If the suit is instituted to the court, having all jurisdictions

(pecuniary, territorial and Subject-Matter), then only that court
can try the matters as its original jurisdiction.

 If the court does not have any of the above mentioned

jurisdiction and still try the suit, it will be considered as irregular
exercise of jurisdiction or lack of jurisdiction, may turn to be
action of revision (sec. 115 of the code).
Pecuniary jurisdiction-

 Sec. 6. Pecuniary jurisdiction-

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.
 jurisdictio
n over
Pecunia suits
empow should
ry
ered by not
jurisdict
the Gov. exceed
ion of a the
order of
court is amount
the
essentia or value
state.
l, of the
subject-
matter
 Pecuniary Jurisdiction : competency of
the court
 Sec.15- Court in which suits to be instituted-
Every suit shall be
instituted in the Court of the lowest grade competent to
try it.
 Institution of civil suits shall proceed from the lowest
court among the hierarchy, must be competent to try.

 The word competent to try indicate the competency of

the court with respect to the pecuniary jurisdiction. It
means, the courts of lowest grade who has the
jurisdiction with respect to pecuniary value shall try the
suit at first.
Practical aspect of pecuniary jurisdiction

Who will decide the valuation of the suit for determining that the
court has pecuniary jurisdiction?

It is the valuation done by the plaintiff in his plaint, is considered for

determining the pecuniary jurisdiction of the court to decide the
matter on the basis of merit.

Plaintiff in all cases having no liberty to assign any arbitrary to value

the suit, and to choose the court in which he wants to file the suit.

Where the court prima facie find the suit is incorrect i.e. undervalued
or overvalued then the court will do the valuation and direct the party
to approach the appropriate court having jurisdiction.
This code, neither grades the subordinate Courts
nor prescribes the pecuniary limits of subordinate
Courts, this is left to be done by State Legislatures.

State Gov. fixed the jurisdiction under the official

gazette by notification (time to time).

Ex.- Section 3 of The Suits Valuation Act, 1887-

empowers the State Government to make rules for
determining the value of land for purposes of
jurisdiction in the specific suits.
 Decision: based on jurisdiction
 Another significant question- what is the status of decision
given by the court who does not have the pecuniary
jurisdiction in the matter?

If the Court exercised with the matter and did not have the
pecuniary jurisdiction or where such jurisdiction was vested
in it but did not exercised, such matter will be called as
irregular exercise of jurisdiction.
where such jurisdiction was followed but not used the
procedure properly will be called as illegal exercise of
jurisdiction.

 under section 115 of the code.

 Territorial Jurisdiction: Sec- 16 to 20

 Rules as to nature of
the suit (Territory):

Suits may be divided

into three classes:-

 i. Suits in respect of immoveable property- section 16 to

18,
 ii. Suit for compensation for wrong to person (torts) or
movable property- Section 19,
 iii. Suits of other kinds- section- 20.
 Suits relating to immoveable property
(Sec. 16 to 18)
 Suitsto be instituted where subject-matter situate- Sec. 16 provides as
subject to the pecuniary or other limitations prescribed by any law, suits for
the recovery of immoveable property with-

a. for the recovery of immovable property with or without rent or profits,

b. for the partition of immovable property,
c. for the determination of any other right to or interest in immovable
property;
d. for compensation for wrong to immovable property,
e. for the recovery of immovable property actually under distraint or
attachment,

 Shallbe instituted in the Court within the local limits of whose jurisdiction
the property is situate.
 Provided that a suit to obtain relief respecting, or
compensation for wrong to immoveable property held by or
on behalf of the defendant may, where the relief sought can
be entirely obtained through his personal obedience be
instituted
 either in the Court within the local limits of whose
jurisdiction the property is situate, or
 in the Court within the local limits of whose jurisdiction the
defendant actually and voluntarily resides, or carries on
business, or personally works for gain.
 Explanation: In this section "property" means property
situate in India.
suits for the recovery of immoveable property

for the recovery,

with or without
rent or profits

the determination for recovery-

of any other right under distraint
or interest or attachment

for
for the compensation
partition for wrong
 Within the local limits of the Court

.The suit instituted in the Court

Within the jurisdiction where the property is
situated

Where the relief can be obtained, suit be instituted in the

Court within its local limits-
The property is situated
The defendant resides, or carries business or
personally works
 Jurisdiction having of different courts

 Suits for immoveable property situate within

jurisdiction of different courts: Section 17 provides as-
 Where a suit is to obtain relief respecting, or
compensation for wrong to, immoveable property situated
within the jurisdiction of different Courts, the suits may
be instituted in any Court within the local limits of whose
jurisdiction any portion of the property is situate.
 Provided that, in respect of the value of the subject
matter of the suit, the entire claim is cognizable by such
Court.
Immoveable property situated in the jurisdiction
of different Courts

the suits may be instituted in any Court within the local limits
of whose jurisdiction any portion of the property is situate.

the value of the subject matter of the suit, the

entire claim is cognizable by such Court.
 jurisdiction of Courts are uncertain:

 Section 18- Place of institution of suit where local limits of

jurisdiction of Courts are uncertain:

(1) Where it is alleged to be uncertain within the local limits of

the jurisdiction of which of two or more Courts any immoveable
property is situate, anyone of those Courts may, if satisfied that
there is ground for the alleged uncertainty, record a statement to
that effect and thereupon proceed to entertain and dispose of any
suit relating to that property, and its decree in the suit shall have
the same effect as if the property were situate within the local
limits of its jurisdiction.
 Provided that the suit is one with respect to which the Court is
competent as regards the nature and value of the suits to exercise
jurisdiction.
 (2) Where a statement has not been recorded under
sub-section (1), and an objection is taken before an
Appellate or Revisional Court that a decree or order in
a suit relating to such property was made by a Court not
having jurisdiction where the property is situate, the
Appellate or Revisional Court shall not allow the
objection unless in its opinion there was, at the time of
the institution of the suit, no reasonable ground for
uncertainty as to the court having jurisdiction with
respect thereto and there has been a consequent failure
of justice.
The immoveable property is situated within the
local limits of the jurisdiction of those Courts, is
uncertain.

Anyone of those Courts may record a

statement of uncertainty and proceed to
entertain and dispose. Having same
effect as if the property was situated
within the local limits of its jurisdiction.
Court is competent as to the
nature and value of the suits
to exercise jurisdiction.
If statement of uncertainty was not recorded by the
court and an objection is taken before an Appellate/
Revisional Court regarding its jurisdiction. Then-

Appellate/ Revisional Court shall allow the

objection for justice, where there was no reasonable
ground for uncertainty regarding exercising its
jurisdiction.
 Suits for Movable Property
 Sec. 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.
 Illustrations-
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either
in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements
defamatory of B. B may sue A either in Calcutta or in Delhi.
compensation for wrong done against a person or a
movable property

wrong done within the local limits of the jurisdiction of Court A and the
defendant resides, or carries on business, or personally works for gain, within
the local limits of the jurisdiction of Court B.

suit may be instituted at the option of the plaintiff in

either of the Courts A or B.
 Suits of other kinds :
 Sec. 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-
(a) 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 (b)
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 works for gain, as aforesaid, acquiesce
in such institution; or
(c) The cause of action, wholly or in part, arises.
Explanation- A corporation shall be deemed to carry on business at its sole
or principal office in India or, in respect of any cause of action arising at
any place where it has also a subordinate office, at such place.

Illustrations
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in
Calcutta, buys goods of A and requests A to deliver them to the East Indian
Railway Company. A delivers the goods accordingly in Calcutta. A may sue B
for the price of the goods either in Calcutta, where the cause of action has
arisen, or in Delhi, where B carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at
Benaras, B and C make a joint promissory note payable on demand, and deliver
it to A. A may sue B and C at Benaras, where the cause of action arose. He may
also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in
each of these cases, if the non-resident defendant objects, the suit cannot
proceed without the leave of the Court.
 Every suit shall be instituted in the court having jurisdiction to
try it where at the time of institution of suit-

Defendant/ defendants Any of the defendants resides, or

carries on business, or personally
resides, or carries on works for gain, within the local The cause of action,
business, or personally limits of the jurisdiction of that
works for gain, within the court. arises (wholly or in
local limits of the
. In such case need leave of the
Court or the consent of other
part)
jurisdiction of that court. defendants.
 Jurisdiction as to Subject-Matter

 Different courts are empowered to decide different types of

suits. Every courts have been allotted the subject over which the
court can entertain the matter.
 Certain courts have no jurisdiction to entertain certain suits. The
subject which is not within the preview of the court, that court
cannot deal with that matters.
 Examples- suits for testamentary succession, divorce cases,
probate proceedings, insolvency matters, etc. cannot be
entertained by a Court of Civil Judge (Junior Division), as to
subject matter.
 In case, the court heard the matter which is not been allotted to
it, that is beyond the subject matter competency, called as
irregular exercise of jurisdiction under section 115 of the code.
Subject matter- is the cause, the object, the thing in dispute. Subject
matter jurisdiction is the authority of a court to hear the case brought before it by the
plaintiff.

Fact in issue- any fact raised by the pleadings, in which, either by itself or in

connection with other facts, the existence, non-existence, nature, or extent of any right,
liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

Cause of action- is a set of facts sufficient to justify a right to sue against another
party for the enforcement of a right to obtain money, property. Elements to claim cause
of action- 1) Duty, 2) Breach, 3) Cause, and 4) Harm.
 Objection as to Jurisdiction:

Sec. 21- Objections to jurisdiction-

(1) 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.
(2) 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, in all cases where issues are settled, at or
before such settlement, and unless there has been a consequent failure of justice.
(3) 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.
 Objections to jurisdiction may be allowed by any Appellate or
Revisional Court where such objection was taken in the Court of
first instance at the earliest possible opportunity and
there has been a consequent failure of justice.

as to the competence of a as to the competence

as to the place of Court with reference to of the executing Court
suing, on or before the pecuniary limits of its with reference to the
settlement of issues jurisdiction, on or before local limits of its
settlement of issues jurisdiction
Bar on suit to set aside decree on
objection as to place of suing
Sec. 21-A- No suit shall lie challenging the validity of a
decree passed in a former suit between the same parties,
or between the parties under whom they or any of them
claim, litigating under the same title, on any ground
based on an objection as to the place of suing.

Explanation- The expression "former suit" means a suit

which has been decided prior to the decision in the suit
in which the validity of the decree is questioned, whether
or not the previously decided suit was instituted prior to
the suit in which the validity of such decree is
questioned.
A suit shall not lie challenging the validity of a decree
passed in a former suit claim on an objection as to the
place of suing-
-litigating under the same title,
-between same parties or,
-between the parties under whom they or,
-any of them

former suit- A suit which has been decided prior to the decision in the
suit in which the validity of the decree is questioned (by Appellate or
Revisional Court).
This objection suit is instituted prior or later to the decided suit in which
validity of the decree is questioned.

Such claim must be done accordingly Sec.15 & 21, read with Order-XIV
Sec. 15- Place of suing (competent to try/ pecuniary
jurisdiction)
Sec. 16-18- Immovable property situate (territorial
jurisdiction)
Sec. 19- Suits against person or to movable property
(option)
Sec. 20- Suits of other kinds, where defendants reside or
cause of action arises
Sec. 21- Objection on Suits
Sec. 21-A- Bar of objection on Suits
Sec. 22-25- transfer and withdrawal of Suits
Sec. 26- Institution of Suit
Power to transfer suits
Sec. 22- Power to transfer suits which may be
instituted in more than one Court-

Where a suit may be instituted in any one of two or more Courts

and is instituted in one of such Courts, any defendant, after notice
to the other parties, may, at the earliest possible opportunity and
in all cases where issues are settled at or before such settlement,
apply to have the suit transferred to another Court, and the Court to
which such application is made, after considering the objections of
the other parties (if any), shall determine in which of the several
Courts having jurisdiction the suit shall proceed.
Sec. 23- To what Court application lies.—

(1) Where the several Courts having jurisdiction are

subordinate to the same Appellate Court, an application
under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different
Appellate Courts but to the same High Court, the
application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High
Courts, the application shall be made to the High Court
within the local limits of whose jurisdiction the Court in
which the suit is brought is situate.
Sec. 24. General power of transfer and withdrawal-

(1) On the application of any of the parties and after notice to the parties
and after hearing such of them as desired to be heard, or of its own motion
without such notice, the High Court or the District Court may at any stage-
(a) 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
(b) withdraw any suit, appeal or other proceeding pending in any Court
subordinate to it, and-
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and
competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was
withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn
under sub-section (1), the Court which is thereafter to try or dispose of
such suit or proceeding may, subject to any special directions in the case
of an order of transfer, either retry it or proceed from the point at which it
was transferred or withdrawn.
(3) For the purposes of this section-
(a) Courts of Additional and Assistant Judges shall be deemed to be
subordinate to then District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or
order.
(4) The Court trying any suit transferred or withdrawn under this section
from a Court of Small Causes shall, for the purposes of such suit, be
deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.
 Sec. 25. Power of Supreme Court to transfer suits, etc-

(1) On the application of a party, and after notice to the

parties, and after hearing such of them as desire to be heard,
the Supreme Court may, at any stage, if satisfied that an order
under this section is expedient for the ends of justice, direct
that any suit, appeal or other proceeding be transferred from a
High Court or other Civil Court in one State to a High Court
or other Civil Court in an other State.
(2) Every application under this section shall be made by a
motion which
Read with shall
Article- beTransfer
139-A- supported by cases
of Certain an affidavit.
(Indian Constitution)
 (3) The Court to which such suit, appeal or other proceeding is
transferred shall, subject to any special directions in the order of
transfer, either retry it or proceed from the stage at which it was
transferred to it.
(4) In dismissing any application under this section, the Supreme
Court may, if it is of opinion that the application was frivolous or
vexatious, order the applicant to pay by way of compensation to
any person who has opposed the application such sum, not
exceeding two thousand rupees, as it considers appropriate in the
circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding
transferred under this section shall be the law which the Court in
which the suit, appeal or other proceeding was originally
instituted ought to have applied to such suit, appeal or proceeding.
Sec. 22- 25 in other words
Sec. 22- suit may be instituted by the defendant in any one of the Courts,
after notice to the other parties, after applying to the court to transfer the
suit to another Court.
Sec. 23- To which Court the defendant can apply for transfer the suit to another
Court-
-To the Appellate Court where such Courts having jurisdiction are subordinate to
the same Appellate Court.
-To the High Court where such Courts are subordinate to different Appellate
Courts but to the same High Court.
-To the High Court where such Courts are subordinate to different High Courts
under whose jurisdiction the suit is instituted.

Sec. 24- the High Court or the District Court may at any stage, transfer or
withdraw any suit, appeal or other proceeding pending in any Court subordinate
to it. Court trying any suit transferred or withdrawn deemed deemed to be have
same jurisdiction.
Sec. 25. Power of Supreme Court to transfer suits, at any stage, on the application
of a party, and after notice to the parties, and after hearing such suit.
INSTITUTION OF SUITS
Sec. 26- Institution of suits-
(1) Every suit shall be instituted by the
presentation of a plaint or in such other manner as may
be prescribed.
(2) In every plaint, facts shall be proved by affidavit:
Provided that such an affidavit shall be in the form and
manner as prescribed under Order VI of rule 15A.
Read with
Section 9- Courts have to try suit of Civil nature and
Section 15- Place of suing and Competency of the
court.
 Text Book :
 1. Takwani C.K., Code of Civil Prodecure, Eastern book company, 8 th
Edition 2017
 2. Tripathi T.P., The Code of Civil Procedure, Allahabad Law Agency,
29th Edition 2020.

Suggested Reference :
 1. Mulla Dinshaw Fardunji , The Code of Civil Procedure, Lexis
Nexis, Wadhwa Book Company, 18th Edition 2013
 2. Thakker C.K., Code of Civil Procedure, Eastern Book Company,
1st Edition (Updated) 2014
 3. Tandon M.P., Raghuvanshi S.K, Code of Civil Procedure,
Allahabad Law Agency, 29th.Edition, 2019
 4. Nandwani Anil, Law of Civil Procedure Code in India, Allahabad
Law Agency, 1st Edition, 2006
Thank you