Meaning of Jurisdiction & Place of Suing

 

                                                                Lecture -6

 

Q 6. (a) what do you mean by jurisdiction. what are the various kind of Jurisdiction?

Q 6 (b) What do you mean by the place of suing? what is the place of filling suits other than that pertaining to movable property or tort to the person or movable property?

Q 6. (c) what is the place of suing for torts to a person or movable property.

Q 6 (d) What are the rules regarding the determination of place of suing.

(i)                In case of dispute regarding the immovable property.

(ii)             In case of a claim for damages for a tort.

(iii)           In case of breach of contract.

Jurisdiction:-

“Jurisdiction” means the authority to decide. Jurisdiction means the extent of the authority of a court to administer justice prescribed with reference to subject-matter, pecuniary value and territorial limits. Consent can neither confer nor take away the jurisdiction of a court.

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, 9 of the CPC empowers the Civil Courts to try all suit of civil nature, except where the cognizance of such suits is either expressly or impliedly barred. 

Conditions:- A Civil Court  has jurisdiction to try suit if two conditions are satisfied-

(1)             The suit must be of a civil nature.

(2)             The cognizance of such a suit should not have been expressly or impliedly barred. 

 

Kinds of jurisdiction:-

Jurisdiction are of 4 kinds:

(i)                            Territorial or Local Jurisdiction

Every court has its own local or territorial limits beyond which it can not exercise its jurisdiction. These limits are fixed by the government. The District Court has to exercise its jurisdiction within the district and not outside it. The high court has jurisdiction over the territory of the State within which it is situated and not beyond it.

 

(ii)                         Pecuniary jurisdiction,

Section 6 refers to the pecuniary jurisdiction of the courts. The expression ‘subject matter’ refers not to the property involved in the suit but the relief claimed out and it is that which determines the jurisdiction (Ram Narayan v. Civil Judge, 2010(2)Raj CW 1142). High courts and District courts have no pecuniary limit of jurisdiction. The Suit Valuation Act, which applies only to suit not to appeals prescribes the mode of valuation of the suits for the purpose of jurisdiction. In some cases, the valuation is left entirely at the discretion of the plaintiff. Jurisdiction is determined by the valuation in the plaint and not by the result of the decree (Brindaban v. Kasturilal 1978 Mah LJ 561)  

(iii)                       Jurisdiction as to subject-matter,

Different courts have been empowered to decide different types of suit. Certain courts are precluded from entertaining certain suits. Thus the presidency small causes court has no jurisdiction to try the suit for specific performance of a contract, partition of immovable property, foreclosure or redemption of a mortgage, etc. Similarly, in respect of  testamentary matters, divorce cases, probate proceedings, insolvency proceeding, etc only the District Court of Civil Judge (Senior Division) has jurisdiction. A Civil Court has no jurisdiction over the subject matter of the suit, cannot decide any question on merit.

(iv)                       Original and appellate jurisdiction.

The jurisdiction of a court may be classified as original and appellate. In the exercise of original jurisdiction, a court entertains and decides suits and in its appellate jurisdiction, it entertains and decides appeals Munsif courts, civil Judges and small causes court posses original jurisdiction only; while District Courts and the High Court have original and appellate jurisdiction. 

Place of Suing:-

Section 15 to 20 of the code deals with the place of suing, that is the forum for an institution of suit in India. Place means a place in India and the heading refer to the courts of India mentioned in these sections. These sections regulate the venue within India and apply only to those places where the code is in force.

Section 15 of Code of Civil Procedure 1908 "Court in which suits to be instituted"

“Every suit shall be instituted in the Court of the lowest grade competent to try it.” The object of this section is that the court of Higher grade shall not be over-crowded with suits (Bhuwaneshwari Kuer v. Raghubansh, AIR 1954 Pat 34 (DB)).

The Rule in Section  15, C.P.C. , is intended to the protection of Courts of Higher Grade and does not affect their jurisdiction. In other words, S. 15 lays down that a suit shall be filled in the court of lowest grade competent to try the same. But this section enacts a rule of procedure and it does not affect the jurisdiction of a court of a higher grade to try the suit entertainable by a court of lower grade. When a suit triable by a court of lower grade is instituted in a higher grade, the latter court is not bound to return the plaint. It is only discretion on the part of the latter court to try it itself or return the plaint for the presentation in the court of lower grade.(In re H.M. Mahesh, (1992)2 MLJ 444).

Section 15 and Order 7 Rule 10 (Return of Plaint) are not imperative in their character  and the Court of Higher Grade has a discretion either to return the plaint for being presented to the court of lower grade can not be  said to have committed  any illegality in the exercise of its jurisdiction.

 

 

Section 16 of Code of Civil Procedure 1908 "Suits to be instituted where subject matter situate"

Object of this section is to limit the territorial jurisdiction of courts in regard to property. The explanation attached to this section makes it clear that courts have no jurisdiction to entertain any suit in respect of properties situated outside India.

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 situate:

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.

Section 17 of Code of Civil Procedure 1908 "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:

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court

 

Section 18 of Code of Civil Procedure 1908 "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 the property were situate within the local limits of its jurisdiction:

Provided that the suit is one with respect to which the Court 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 an objection is taken before an Appellate or Revisional Court at 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.

Section 19 of Code of Civil Procedure 1908 "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.

 

Section 20 of the Code of Civil Procedure 1908 "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 work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.

Explanation I.-Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.

Explanation II.-A corporation shall be deemed to carry on business at its sole or principal office in {Subs. by Act 2 of 1951, s.3, for "the States".} [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 Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

Section 21 :- Objections to Jurisdiction:-

 Section 21 of civil Procedure code clearly lays down that objection as to the place of suing shall be allowed by the appellate or revisional court subject to the following conditions:-

(i)                That such objection was taken in the court of the first instance at the earliest possible opportunity;

(ii)               In all cases where issues are settled, at or before such settlement of issue; or

(iii)           There has been a consequent failure of justice; (R.S.D.V. Finance Co. Pvt. Ltd. V. Shree Vallabh Glass Work Ltd, AIR 1993 SC 2094)