JURISDICTION

IN
CODE OF CIVIL
PROCEDURE,1908
 Introduction
To give uniformity to Civil Procedure, Legislative Council of India, enacted
Code of Civil Procedure, 1858, which received the assent of Governor-
General on 23 March 1859. The Code however, was not applicable to the
Supreme Court in the Presidency Towns and to the Presidency Small
Cause Courts. It did not meet the challenges and was replaced by Code of
Civil Procedure Code, 1877. But still it did not fulfil the requirements of
time and large amendments were introduced. In 1882, the Code of Civil
Procedure, 1882 was introduced. With passing of time it was felt that it
needed flexibility for timeliness and effectiveness. To meet these
problems Code of Civil Procedure, 1908 was enacted. Though it has been
amended number of times it has withstood the test of time.

The Code is divided into two parts: the first part contains 158 sections and
the second part contains the First Schedule, which has 51 Orders and
Rules. The sections provide provisions related to general principles of
jurisdiction whereas the Orders and Rules prescribe procedures and
method that govern civil proceedings in India.
 Overview
The term "jurisdiction" has not been defined in the Code. The word (jurisdiction) is derived
from Latin terms "juris" and "dido" which means "I speak by the law". Stated simply,
"jurisdiction" means the power or authority of a court of law to hear and determine a cause or
a matter. It is the power to entertain, deal with and decide a suit, an action, petition or other
proceeding. In other words, by jurisdiction is meant the authority which a court has to decide
matters that are litigated before it or to take cognizance of matters presented in a formal way
for its decision. Thus, jurisdiction of a court means the extent of the authority of a court to
administer justice prescribed with reference to the subject matter, pecuniary value and local
limits.

Types of Jurisdictions
Civil and Criminal Jurisdiction
Territorial or local jurisdiction
Pecuniary jurisdiction
Original and Appellate jurisdiction
Exclusive and concurrent jurisdiction
Jurisdiction as to subject matter
Pecuniary Jurisdiction
Section 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.
SECTION 15: Every suit shall be instituted in the Court of the lowest grade competent to
try it.
General Rule -Every suit shall be instituted in the Court of the lowest grade competent
to try it.

Nature – The rule laid down in this section is the rule of procedure and does not affect
the jurisdiction of the court. Hence, the decree passed by a court of a higher grade
cannot be said to be without jurisdiction and is mere irregularity covered by section 99
of the Code and the decree passed by the court is not a nullity
Territorial Jurisdiction
Territorial Jurisdiction: Sec.16-20

Territorial Jurisdiction divides jurisdiction of courts on a horizontal basis. All

courts that have power to take cognizance of a case have the same powers and
no court is considered above the other.

Territorial jurisdiction in CPC is further divided into-

• Suits related to immovable property (Section 16 to 18)
• Suits related to Movable property (Section 19)
• Suits for compensation for wrong (tort); and
• Other suits (Section 20)
Sections 16:
Suits to be instituted where subject-matter situate Subject to the pecuniary or other
limitations prescribed by any law, suits-
(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 determination 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 situated.
Provided that a suit to obtain relief respecting, or compensation for wrong to,
immovable 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.
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 Court, the suit 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.

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 immovable property is situate, any one 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 suit to exercise jurisdiction.

(2) Where a statement has not been recorded under sub-section (1), and 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.
Movable Property
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.
When the suit filed is regarding a movable property, then the jurisdiction for filing such suit shall
be in the court under whose local limits the right was violated or where the defendant resides or
carries on business. It is the discretion of the plaintiff to decide which of the above jurisdiction to
invoke.
It has been said that movables follow the person (Mobilia Sequuntur personam).

Example-
1. A, residing in Delhi, beats B in Bangalore. B may institute the suit either in Delhi or Bangalore.
2. A residing in Bangalore, publishes a defamatory statement of B in Delhi. B may sue A in
Bangalore or Delhi.
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 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 work 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.
Civil suits under the purview of CPC that aren’t related to property, both movable
and immovable, come under the ambit of this section. This includes matters such
as breach of contract or commercial transactions. When a suit is filed under this
section, the jurisdiction for filing such suit shall be in the court under whose local
limits the right was violated or where the defendant resides or carries on business.
It is the discretion of the plaintiff to decide which of the above jurisdiction to
invoke.
 SUBJECT MATTER JURISDICTION
Different courts have been empowered to decide different types of suits. Certain courts
are precluded from entertaining certain suits. As District Judge or Civil Judge (Senior
Division) only has jurisdiction in respect of testamentary matters, divorce cases, probate
proceedings, insolvency proceedings, etc., and Civil Judge (Junior Division) cannot
entertain these suits.
In Official Trustee v. Sachindra Nath, after referring to various decisions, the Supreme
Court observed: "From the above discussion it is clear that before a court can be held to
have jurisdiction to decide a particular matter it must not only have jurisdiction to try the
suit brought but must also have the authority to pass the orders sought for. It is not
sufficient that it has some jurisdiction in relation to the subject matter of the suit. Its
jurisdiction must include the power to hear and decide the question at issue, the authority
to hear and decide the particular controversy that has arisen between the parties."
All courts have been allotted the subject over which the court can entertain the matter,
and the subject which is not within the preview of the court, that court cannot deal with
that matters at all. In case, court took up the matter which is not been allotted to it, that is
the matter is beyond the subject matter competency, the decision will be a nullity.
 JURISDICTION OF CIVIL COURTS-
Section 9 Under the Code of Civil Procedure, a civil court has jurisdiction to try all suits of a civil nature
unless they are barred. Section 9 of the Code reads as under:
"The Court 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."

Conditions -A civil court has jurisdiction to try a suit if two conditions are fulfilled:
(A) The suit must be of a civil nature; and
(B) The cognizance of such a suit should not have been expressly or impliedly barred.
 CONCLUSION
Whenever the suit is made before the court the initial issue is to
decide whether the court has jurisdiction to deal with the matter. If
the court has all the three territorial, pecuniary or subject matter
jurisdiction then simply the court has the power to deal with any of
the cases.
If the court does not have territorial or pecuniary jurisdiction, then
it will be recognized as irregular exercise of jurisdiction. When the
court does not have jurisdiction to decide the case as in its subject
matter then such decision will be regarded as lack of jurisdiction
and void depending upon the circumstances.
Section 9 at the threshold of the civil procedure code primarily
deals with the question of civil courts jurisdiction to entertain a
cause. It lays down that subject to what are contained in section 10,
11, 12, 13, 47, 66, 83, 84, 91, 92, 115, etc., civil court has jurisdiction
to entertain a suit of civil nature except when its cognizance
expressly barred or barred by necessary implication.

PRESENTED BY- TANISH DAHUJA, 32/18