Jurisdiction is the power of the judge to hear and decide on a matter. It is the fundamental rule of law that a judge can make a decision on any matter without having the authority to do so.
The Code of Civil Procedure, 1908 (CPC) is a set of specific rules regarding the legal jurisdiction of the civil courts in India. The issue of jurisdiction is that it determines which courts have the power to hear an issue, and ensures that cases are dealt with efficiently and fairly.
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Scope of Jurisdiction of Civil Court Under CPC
The Section 9 in the CPC is the fundamental section that defines the civil courts’ jurisdiction in India. It states that all civil lawsuits must be considered triable before civil tribunals, excluding those specifically or implicitly prohibited by law.
The term “civil suit” refers to any matter that requires the determination of right and obligation, except for criminal cases. It is important to comprehend the scope and limits of this section to determine the authority of a court to hear a specific instance.
Conditions for Civil Court Jurisdiction
The two main requirements for a civil court’s the power to hear a case are:
- It must be civil in nature: Any dispute that relates to private rights, including contracts, property rights or torts fall in the category of a civil lawsuit.
- The recognition of the suit is not prohibited: A court of civil jurisdiction is able to accept a lawsuit unless its jurisdiction is expressly or implicitly prohibited by law.
In the event that a statutory clause explicitly or implicitly blocks the court’s jurisdiction the matter will be referred to the court specified by the statute. This is to ensure that civil courts are not able to outrun their legal boundaries.
Types of Jurisdictions under CPC:
The CPC divides the jurisdiction into several distinct categories:
1. Subject-Matter Jurisdiction:
This is referring to the court’s ability to hear a specific class of cases or to have the power to decide on cases of a specific nature. The section 9 in the CPC stipulates that courts must be competent to decide every civil action of a nature, with the exception of suits for which their jurisdiction is specifically or implicitly excluded. If a court does not have jurisdiction on the subject issue, then any consent or waiver from parties is able to confer it.
Example An example: A Civil Court cannot try a matter that falls under the exclusive authority that of the Rent Control Tribunal or a Family Court, unless specifically authorized.
2. Territorial Jurisdiction (Local Jurisdiction):
Territorial jurisdiction is the geographic boundaries that a court is able to exercise its power. A court is only able to hear actions within its territorial boundaries. The CPC establishes rules for determining the right location for filing a lawsuit in relation to the place of residence for the person who is the subject of the suit, as well as the location of the property at issue or the location the location where the cause of the action is rooted.
Key Provisions of the CPC
- Section 15 CPC: A main rule to determine what is considered to be the territorial court, which means that the lawsuit must be filed in the court whose jurisdiction the defendant lives or earns a profit.
- Section 16 in the Code of Civil Procedure: In matters dealing with immovable properties, it is necessary to file the lawsuit with the court with jurisdiction over the area in which the property is located.
- Section 20 in the Code of Civil Procedure: The law permits lawsuits that are filed courts in which the reason for action, whether wholly or partially or partially, is the result of. Furthermore, if there’s more than one defendant, a lawsuit may be filed in a court in which any of the defendants is located or has a job to earn.
The Supreme Court in Harshad Chiman Lal Modi v. D.L.F. Universal Ltd. (2005) reviewed Section 16 CPC, ruling that any suit with respect to immovable property should be filed with the court with jurisdiction over the place that the land is located. The court stressed its position that the authority of a judge is determined by geographical location of property and not where the parties might reside. This case reiterates the rule that a court is not able to be able to hear a lawsuit involving immovable property without having the jurisdiction to hear the case.
3. Pecuniary Jurisdiction (Section 6, Section 15 of CPC):
This is a reference to the value in dollars or dollars of the subject of the lawsuit. Different courts can accept cases up to a specific amount of money.
Section 15 says it states that “Every suit shall be instituted in the Court of the lowest grade competent to try it.” This means that a lawsuit must be filed with the one with the smallest pecuniary limit however, it is able to try the case based on its merits.
Section 6 states that no court will have authority over a suit that exceed the financial limits of its normal authority.
Example An example: A Civil Judge (Junior Division) could have jurisdiction over suits that exceed the amount of Rs. 5 lakhs. A Civil Judge (Senior Division) may hear suits that exceed 20 lakhs. 20 lakhs. A District Court above that.
Relevant Case Laws:
- Hira Lal Patni v. Sri Kali Nath (1962) A: In 1962, the Supreme Court emphasized that a decision of an institution that has no inherent jurisdiction is null and its invalidity is declared when it is wished for enforcement or relied on.
- Bhoop Singh v. Ram Singh Major (1995) It was reiterated that any objections to the jurisdiction of pecuniary or territorial authorities must be taken up at the earliest possible opportunity, or they can be deemed to be to be waived (unless the court finds a complete absence of any inherent jurisdiction).
Conclusion
The concept of jurisdiction is crucial to keeping the proper functioning of the justice system. Under the CPC, various types of jurisdiction such as territorial, pecuniary, subject-matter are given. Some others kind of its ensure that cases are heard by the appropriate court.
Knowing the different jurisdictions can help litigants avoid procedural traps and ensures that disputes are settled through the appropriate place. In attaching to the rules set out in the CPC the legal system can maintain its fairness and effectiveness in the administration of justice.