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SUITS IN GENERAL

Table of Contents

JURISDICTION OF CIVIL COURTS[1]

QUESTION BANK

State and explain various kinds of jurisdictions.
What is jurisdiction of a Court? State its kinds.
Explain the importance and jurisdiction of hierarchy of Courts in C. P. C.

SHORT NOTES

Pecuniary jurisdiction.
Subject-matter-wise jurisdiction.

I. JURISDICTION: MEANING:-

‘Jurisdiction’ means ‘the power which Court possesses to entertain suits, appeals and applications. It is the legal authority to administer justice according to the means that the law has indicated and subject to limitations imposed by that law upon the judicial authority.

‘Jurisdiction’, thus, is the power to hear and determine a cause and adjudicate or exercise any judicial function in relation to it[2]. Consent of the parties, thus, cannot either confer or oust jurisdiction if Court does not have it.

In Hirday Nath v. Ram Chandra[3]

Calcutta High Court has explained the meaning of the word ‘jurisdiction’. According to it, ‘jurisdiction’ may be defined to be the power of the Court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it. In other words, jurisdiction is meant the authority which the Court has to decide matters that are litigated before it or, to take cognizance of matters presented in a formal way for its decision.

Jurisdiction is thus defined in different books differently. Sometimes, it is defined as ‘the power to hear and determine issues of law and fact’, or ‘the power to hear, determine, and pronounce judgment on the issues before the court’ etc.

II. KINDS OF JURISDICTION-

Jurisdiction, as stated above, can be classified into the following categories-

1) Jurisdiction over the subject matter[4].-

Different Courts have been allotted different types of work. For example, a Small Cause Court[5] can try only certain suits, such as a money suit based on an oral loan or a bond or promissory note, a suit for the price of goods supplied or work done; however, it has no jurisdiction to try suits for partition or for injunction, for immovable properties or for specific performance of a contract. Similarly, only District Judge has jurisdiction in respect of testamentary matters[6] such as granting probate[7], letter of administration[8] , and divorce cases.

2) Local or territorial jurisdiction[9].-

The Government fixes the territorial limit of every Court. Beyond that limit, it has no jurisdiction. Thus the District Judge has jurisdiction within its district. The High Court has jurisdiction over its State only. Similarly, the Court of Munsif’s jurisdiction is also limited to a particular area.

3) Pecuniary Jurisdiction[10].-

The jurisdiction of the different courts is also divided on the basis of amount or value of the subject matter in the suit. Some courts have only limited pecuniary jurisdiction, whereas some have unlimited pecuniary jurisdiction. E.g. High Court, District Judge and the Civil Judge Senior Division have unlimited pecuniary jurisdiction while other courts have only limited jurisdiction. S. 6 of the Code provides that no Court shall exercise jurisdiction over suits, the amount or value of the subject.-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction. The jurisdiction of the Civil Judge Junior Division is to decide cases in which the value of the subject matter does not exceed rupees five lac.

4) Original or appellate jurisdiction[11].-

The jurisdiction of a Court may be original or appellate. In its original jurisdiction, courts entertain original suits, whereas in its appellate courts entertain appeals. Some Courts, like Small Cause and Court of Munsif, have original jurisdiction only, whereas the Civil Judge, District Judge and High Court have appellate jurisdiction. The jurisdiction of the Civil Judge Junior Division is to decide cases of a value up to 5 lac rupees.

III. JURISDICTION OF CIVIL COURTS (S. 9).-

9 of the Code provides that the Courts shall have jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred. Thus there are two essentials under S. 9.-

1) The cognizance of the suit should not have been barred expressly or by necessary implication.-

A statute can bar the jurisdiction of civil courts in respect of particular subjects e.g. civil courts are barred from entertaining suits under Arbitration Act, Guardians and Wards Act, Requisition Act, Co-operative Societies Act etc.

Similarly, suits may be barred impliedly, if they are against a public policy, e.g. suits by witnesses to recover money agreed to be paid to him for giving evidence in Court, a suit based on illegal or immoral contracts, etc.

2) The suit shall be of civil nature[12].-

The word ‘civil’ means ‘of citizen’ or ‘becoming a citizen. A suit of a civil nature may be defined as a suit the object of which is enforcement of a civil right or civil obligation against a citizen or the State itself. Civil law determines the rights and liabilities of the parties to the suit, whereas criminal law determines the guilt of the accused. Thus the object of a civil suit is to determine the rights and liabilities of the parties and to provide remedies to them and not to punish them.

a) Illustrations of the suits of civil nature.-

From the various judgments of the Supreme Court and High Courts, the following suits are called civil nature.-

i) Suits relating to the right to property,
ii) Suits relating to the temple and other religious properties,

iii) Suits for damages of civil wrongs and for breach of contract,

iv) Suits for specific relief,
v) Suits for common law rights,
vi) Suits relating to religious and other processions,

vii) Suits for wrongful dismissal from service and for salaries.

viii) Suits for accounts,

ix) Suits relating to partnership.
x) Suits for rent, etc.

b) Illustrations of suits which are not of civil nature[13].-

The following are held not to be suits of civil nature.-

i) Suits involving principally caste questions,
ii) Suits involving purely religious rites or ceremonies,

iii) Suits for upholding mere dignity or honour.

iv) Suits against expulsion from caste,
v) Suits for recovery of voluntary payments or offerings, etc.

Where at the hearing of an application relating to interim relief in a suit, objection as to jurisdiction is taken, such issue as to jurisdiction is to be decided by the Court as a preliminary issue (S. 9 A)[14]. In other words, this section makes it mandatory for the courts to decide the issue of jurisdiction first and then proceed with the further hearing.

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[1] दिवाणी न्यायालयाचे अधिकार क्षेत्र/कार्यक्षेत्र [सिविल कोर्ट का क्षेत्राधिकार / अधिकार क्षेत्र]

[2] In Sukhalal v. Tara Chand [ 2 (1905) 33 Cas. 68].

[3] AIR 1921 Cal. 34.

[4] विषयवार अधिकार क्षेत्र [विषयवार क्षेत्राधिकार,]

[5] लघुवाद न्यायालय, [लघु दावों की अदालत,]

[6] मृत्यूपत्र विषयक बाबी, [वसीयतनामा से संबंधित मामले]

[7] मूत्यूपत्र खरे असल्याबाबत कोर्टाचा दाखला, [ न्यायालय प्रमाण पत्र कि मृत्यु प्रमाण पत्र वास्तविक है,]

[8] प्रशासनपत्र [प्रशासन का पत्र,]

[9] स्थानिक अधिकार क्षेत्र, [स्थानीय क्षेत्राधिकार,]

[10] आर्थिक अधिकार क्षेत्र, [आर्थिक क्षेत्राधिकार,]

[11] मुळ किंवा अपिलविषयक अधिकार क्षेत्र, [मूल या अपीलीय क्षेत्राधिकार]

[12] Difference between ‘Civil and Criminal law’.-

As discussed earlier, an administration of justice is civil as well as criminal. There are following differences between these two. Viz.-

Objects.

The object of civil law is to enforce rights through various civil remedies such as, recovery of damages, specific performance, injunction etc. Such laws are Indian Contract Act, Specific Relief Act etc. whereas, the object of criminal law is to punish wrongdoer. In other words, the object of criminal liability is of penal nature (i.e. death, imprisonment, fine etc.) Such laws for example are Indian Penal Code, Anti-Corruption Act, Food Adulteration Act etc.

Determination.

The civil law determines the rights and liabilities of the parties to the suit, whereas, the criminal law determines the guilt of accused.

Gravity.

Crimes are more grave and harmful, in their consequence. Therefore, it is said that crime injurers the ‘public at large’ whereas, civil wrongs are comparatively of lesser harm. Therefore, they are called as wrongs against ‘individual’.

Party to the proceeding.

In criminal proceeding ‘State’ itself is a party, since the crime is wrong against whole society, whereas, in civil proceeding private individuals are the litigant’s before the court.

Mens Rea (Guilty Mind).

Mens rea (guilty mind) is essential in determination of criminal wrongs, whereas, it is not essential in adjudication of civil wrongs.

[13] दिवाणी स्वरूपाचे नसणारे दावे [गैर-नागरिक दावे]

[14] In its application to State of Maharashtra after Sec. 9 the following Sec. 9-A has been inserted as under.-

9-A. Where at the hearing of application relating to interim relief in suit, objection to jurisdiction is taken, such issue to be decided by the Court as a preliminary issue.-

(1) Notwithstanding anything contained in this Code or any other law for the time being in force, if, at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver or otherwise, made in any suit, an objection to the jurisdiction of the Court to entertain such suit is taken by any of the parties 1 the suit, the Court shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting or setting aside the order granting the interim relief. Any such application shall be heard and disposed of by the Court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit. (2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application, the Court may grant such interim relief as it may consider necessary pending determination by it of the preliminary issue as to the jurisdiction.