JURISDICTIONS OF CIVIL COURT AND

PLACE OF SUING

Dr. Nisha Amol Chavhan

B.A., LL.B., LL.M., NET, Ph.D., PGDHR
Visiting faculty of Law, National law University and Judicial
Academy Guwahati -Assam
nishasara14@gmail.com, 8421724272
• Introduction

• When a person right is curtailed or being infringed then he has to

approach to the appropriate forum or the appropriate judicial forum
for the award of compensation.

• Such judicial form must have an authority to adjudicate on the

matter. the judicial forum must have jurisdiction to deal with the
matter.

• Each Court has a different jurisdiction

• Meaning of jurisdiction

• Jurisdiction is the power of the Court to take the cognizance of an

offence and to determine the cause of action.

• According to Black’s Law dictionary, Jurisdiction means “A court’s

power to decide on a case or issue a decree.”

• The jurisdiction was defined in the case of Hirday Nath vs Ram
Chandra. AIR 1929 Cal 445 The High Court of Calcutta stated that
jurisdiction may be defined as judicial power of Court to hear and
determine the cause and adjudicate upon it.

• Jurisdiction of the Civil Court may be categorized as follows –

➢Territorial or Local Jurisdiction

➢Pecuniary Jurisdiction

➢ Jurisdiction over subject matter

➢Original and Appellate Jurisdiction

• COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED (Section 9)

• Courts shall have jurisdiction to try all suits of a civil nature, Except suits

whose cognizance is either expressly or impliedly barred.

• Explanation

• A suit in which right to property or to an office is contested.

• It is a suit of a civil nature even when such right depends entirely on

religious rites or ceremonies

• The suit which is expressly barred means the suit which is barred by any

statute or any other law for the time being in force.

• The legislature has an option to bar the jurisdiction of the civil court

with respect to a particular class of suit keeping itself with the ambit of

the power conferred on Constitution of India.

Examples of suits of a civil nature
• suits relating to rights to property;

• suits relating to rights of worship;

• suits relating to taking out of religious procession;

• suits relating to right to share in offerings;

• suits for damages for civil wrongs;

• suits for specific performance of contracts or for damages for breach of contracts;

• suits for specific relief’s;

• suits for restitution of conjugal rights;

 Place of suing

• Section 15 to 20 deals with the place of suing

• Pecuniary jurisdiction ( Section 15)

• Every suit shall be instituted in the court of lowest grade competent to

try it.

• The word competent denotes that the court must have the power to
hear the case with regards to pecuniary jurisdiction.

• The court of lowest grade who has a jurisdiction with regards to

pecuniary value shall deal with the case at first instance.
• Territorial Jurisdiction (Section 16 to 20)

• It is divided into:-

➢Suits related to immovable property ( Section 16 to 18)

➢Suits related to Movable property ( Section 19)

➢Other suits( Section 20)

 TERRITORIAL OR LOCAL JURISDICTION
• Every Court has a territorial limit beyond which it cannot exercise the power
vested upon it.

• This limit based on the territory is called territorial jurisdiction.

• Example:- The District judge at Guwahati can exercise his powers only within
the district of Guwahati. He cannot exercise his powers in any other district.

• In the same way, the High Courts will exercise the powers within the state in
which it is situated and the neighbouring Union Territories attached with the
same High Court.
• Section 16 states that the suit related to immovable property shall be instituted
where such immovable property is situated.
• It talks about the institution of the suit with respect to:-
• Recovery of immovable property with or without profit or rent
• Partition of immovable property
• Foreclosure, sale or redemption in case of charge or mortgage upon immovable
property
• Compensation for a wrong caused to immovable property
• Determination of any interest or rights related to immovable property
• Recovery of movable property under attachment or distraint, for all the above-
mentioned purpose.
• Section 17:-Cases in which the immovable property is situated
within the local limits of the jurisdiction of different courts.

• When the suit is filed for obtaining the compensation or relief for the
wrong caused to immovable property situated within the jurisdiction of
two or more courts, the suit may be filed in any court within whose local
jurisdiction a portion of the property is situated.

• But in respect for the value of subject matter of the suit, the entire claim is
cognizable by such court.
• Section 18– A place of an institution when the jurisdiction of courts
is uncertain

• When there is uncertainty with regards to the local limits of the

jurisdiction of courts, and any of the courts has satisfied that there is a
ground for uncertainty, record the statement and may proceed with the
case to entertain and dispose of the case.

• The decree passed by such court will have the same effect as if the
property was situated within the local limits of its jurisdiction.
• Section 19– Suits with regard to movable property

• When Applicable

• Where the suit is for the wrong caused to the person or property.

• Conditions

• If the wrong was done within the local limits of the jurisdiction of one
court

• The defendant voluntarily resides or carries on his business or works for

personal gain within the local limits of the jurisdiction of another court
then the plaintiff has an option to file at either court.
• Example

• A, residing in Delhi, Assaulted B in Bangalore. B may institute the suit

either in Delhi or Bangalore.

• A residing in Bangalore, publishes a defamatory statement of B in Delhi. B

may sue A in Bangalore or Delhi.

• Other suits to be instituted where defendants reside or cause of action
arises (Section 20)

• When Applicable

• When there is a breach of contract or commercial transactions

• Conditions

• If the breach of contract was done or cause of action arises within the local
limits of the jurisdiction of one court.

• Defendant voluntarily resides, carries on his business or works for personal

gains within the local limits of the jurisdiction of another court the plaintiff has
an option to file at either court
• Example

• C is a tradesman in Bangalore, D carries on business in Hyderabad. D, by

his agent in Bangalore, buys goods from C and requests C to deliver them

to Amarchand Company. C delivers the goods in Bangalore accordingly. C

may sue for the price of goods either in Bangalore where the cause of

action arises or in Hyderabad where D carries on his business.

• Objections to jurisdiction( Section 21)

• If objection related to the place of suing:-

• pecuniary limits

• competence of the executing court with regards to local limits of its

jurisdiction

• is not brought in the Court at the first instance, before settlement or in a

case where the issues are settled, then no objection will be allowed by
the Revisional or Appellate Court unless there is a failure of justice.
• Bars on a suit to set aside a decree on objection as to the place of

suing (Section 21A)

• No suit shall be brought up challenging the validity of decree passed in a

former suit between the same parties or between the parties litigating

under the same title on any ground based on an objection as to a place of

suing.
Conclusion

• The concept of the place of suing is very important as it helps to

determine the jurisdiction of each court.

• It helps to the plaintiff where to file a suit.

• It saves the time of the court in determining the jurisdiction of the court.