# Introduction: # Jurisdiction of Civil Courts Under Code of Civil Procedure

PRATEEK SENGAR
# Jurisdiction of Civil Courts Under Code of

Civil Procedure:-
# Introduction
Jurisdiction has not been explained in the Code of Civil Procedure. In simple
words, it can be described as the power of the court to settle the matter.
The Indian Judiciary has invoked the ancient legal maxim ‘Ubi jus Ibi
Remedium’, which means that where there is a right there is a remedy. The
judicial forum must have jurisdiction to deal with the matter. Hence, the
Jurisdiction commonly rests where the crime is committed.
#JURISDICTION- GENERALLY, legal power or authority; the area in

which this power can be used
# Lack of jurisdiction and irregular exercise of

jurisdiction
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 any of the jurisdiction then it will be recognised as
lack of jurisdiction and irregular exercise of jurisdiction. When the court does
not have jurisdiction to decide the case then such decision will be regarded
as void or voidable depending upon the circumstances.
# The basis to determine jurisdiction:-

Jurisdiction is determined mainly on the grounds of:
1. Fiscal value;
2. Geographical boundaries of a court;
3. The subject matter of court.
So, the Court, before accepting notice of crime, need to take into
consideration the following characteristics:
The Fiscal value of the trial.

The specialities of the case.
The regional limits of the court.
It is not only suitable that panel should have any right to deal with the issue
or that the court has a pecuniary jurisdiction of the court has a local
jurisdiction, but the court must be able to grant the compensation in such
matter. In the case of Official Trustee Vs Sachin Nath, the court
held that in order to deal with the topic the court must not be the only
jurisdiction to decide a specific matter but also the court has the ability to
give the order for which it is examined.
# Courts and Tribunals

Basis for
Tribunal Court
comparison
Courts refer to the part of a

Tribunal can be defined
legal system which is
as minor courts that
Meaning organised to give their
resolve conflicts arising
judgement on civil and
in special cases.
criminal cases.
Acquittal, judgement,
Decision Official payment
Decree, conviction.
Deals with Particular cases Different types of cases
Chairperson and other Judges or panel of judges

Headed by
judicial members. or magistrate
# Jurisdiction of foreign courts

A foreign court is described as a court outside India and not authorised or
continued by the authority of the Central Government, and a foreign
judgement means a judgement of a foreign court. In other words, a foreign
judgement means an adjudication by a foreign court upon a matter before it.
The following conditions would give power to the foreign courts to adjudicate
a matter presented before it:
1. When the person is a subject of a foreign country in which the

judgement has been obtained.
2. If he was a resident of a foreign country when the action was
commenced and the summons was served on him.
3. When the person is in the character of plaintiff chooses the foreign
court as the forum for taking action in which forum he issued later.
4. When the party on summons voluntarily appeared.
5. When through an agreement, a person has agreed to present
himself to the forum in which the judgement is obtained
# Kinds of jurisdiction
1- Territorial or local jurisdiction
Under this territorial or local jurisdiction, the geographical limits of a court’s

authority are clearly delineated and specified. It cannot exercise authority
beyond that geographical/ territorial limit. For example, if a certain crime is
committed in Madhya Pradesh, only the courts of law within the borders of
Madhya Pradesh can hear and decide the case. Furthermore, Section 16 of
the Code of Civil Procedure explains the territorial jurisdiction on the
grounds of the location of the immovable property.
In the case of Harshad Chiman Lal Modi Vs D.L.F Universal

Ltd , the court interpreted Section 16 that the suit pertaining to immovable
property should be brought to the court. The court does not have the power
to decide the rights of property which are not situated. However, the court
can still pass a relief if the opposite party agrees to try the suit in such a
case.
2- Pecuniary jurisdiction
Pecuniary means ‘related to capital.’ It approaches the question of whether

the court is competent to try the case of the financial value. The code allows
analysing the case unless the suit’s value exceeds the financial limit of the
court. Section 15 of the Code of Civil Procedure commands the organisation
of the suit in the court of the low grade. It refers to pecuniary jurisdiction of
Civil court
example, ’A ’wants to accuse ‘B’ due to a violation of the contract to

obtain Rs 5000 in Bombay. The Bombay High Court has original jurisdiction
and small causes court with the jurisdiction up to Rs 50000. So, a suit to
obtain Rs 5000 should ideally be dealt with small causes court.
In the case of Karan Singh Vs Chaman Paswan the plaintiff filed

a suit in the subordinate court involving an amount of Rs 2950, but the
court rejected the case. Later his next appeal was allowed by the High Court,
but it ordered him to pay the deficit amount. The appellant contested that
the decision of the district court will be a nullity, but the High Court
dismissed the claim. Later the Supreme Court confirmed the decision of the
High Court declaring that the decision of district court won’t be void.
3-Jurisdiction as to the subject matter
The subject matter can be defined as the authority vested in a court to

understand and try cases concerning a special type of subject matter. In
other words, it means that some courts are banned from hearing cases of a
certain nature. No question of choices can be decided by the court which do
not have subject matter jurisdiction.
Section 21 of the Code of Civil Procedure is related to the stage

challenging the jurisdiction. For Example, “Ranveer”, a resident of Sonipat
bought a food item of ‘AA’ brand that was plagued with pests. He should
prosecute ‘ZZ’ company in Sonipat District forum rather than District Civil
Court of Sonipat.
4-Original and appellate jurisdiction
Appellate jurisdiction refers to the court’s authority to review or rehearsal

the cases that have been already decided in the lower courts. In the Indian
circumstances, both the High Court and Supreme Court have the appellate
jurisdiction to take the subjects that are bought in the form of appeals.
Original Jurisdiction refers to the court’s authority to take notice of cases

that could be decided in these courts in the first instance itself. Unlike
appellate jurisdiction wherein courts review the previously decided matter,
here the cases are heard afresh.
5-Exclusive and concurrent jurisdiction
In Civil Procedure, exclusive jurisdiction means where a single court has the
authority to decide a case to the rejection of all the courts. This jurisdiction
is decided on the basis of the subject matter dealt with by a specific court.
For example, the U.S District courts have particular jurisdiction on
insolvency topics.
Concurrent jurisdiction exists where two or more courts from different

systems simultaneously have jurisdiction over a particular case. In this
situation, parties will try to have their civil or criminal case heard in the
court that they perceive will be most favourable to them.
6- General and special jurisdiction
General jurisdiction means that general courts do not limit themselves

to hearing only one type of cases. This type of jurisdiction means that a
court has the power to hear all types of cases. So the court that has general
jurisdiction can hear criminal, civil, family court case and much more.
Specific jurisdiction is the ability of the court to hear a lawsuit in a

state other than the defendant’s home state if that defendant has minimum
contacts within the state where the suit will be tried.
7- Legal and equitable jurisdiction
Equitable jurisdiction belongs to the authorities of the courts to take specific

actions and pass some orders in order to deliver an equitable and reasonable
outcome. These judgments are usually outside the purview of law, in the
sense that support provided by the courts may not be necessarily confirmed
by the statue.
In the case of K.K.Velusamy Vs N.Palanisamy, the Supreme

Court of India held that Section 151 does not give any special jurisdiction to
civil courts, but only presents for the application of discretionary power to
achieve the ends of justice. This suggests that the court cannot give any
such order which may be denied under any law in such an order that may be
prohibited under any law in order to achieve the ends of justice. This would
lead to the conclusion that such equitable jurisdiction is secondary to the
authority of the courts to implement the law.
7- Expounding and expanding jurisdiction

Expounding jurisdiction means to describe, clarify and explain jurisdiction.
Expanding jurisdiction means to develop, expand or prolong jurisdiction. It is
the duty of the court to clarify its jurisdiction and it is not proper for the
court to extend its jurisdiction.
……………………………..PRATEEK SENGAR……………………………………………………..
……………………………..PRATEEK SENGAR……………………………………………………..
……………………………..PRATEEK SENGAR……………………………………………………..
……………………………..PRATEEK SENGAR……………………………………………………..
……………………………..PRATEEK SENGAR……………………………………………………..

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PRATEEK SENGAR

# Jurisdiction of Civil Courts Under Code of

#JURISDICTION- GENERALLY, legal power or authority; the area in

# Lack of jurisdiction and irregular exercise of

# The basis to determine jurisdiction:-

The Fiscal value of the trial.

# Courts and Tribunals

Courts refer to the part of a

Deals with Particular cases Different types of cases

Chairperson and other Judges or panel of judges

# Jurisdiction of foreign courts

1. When the person is a subject of a foreign country in which the

1- Territorial or local jurisdiction

Under this territorial or local jurisdiction, the geographical limits of a court’s

In the case of Harshad Chiman Lal Modi Vs D.L.F Universal

Pecuniary means ‘related to capital.’ It approaches the question of whether

example, ’A ’wants to accuse ‘B’ due to a violation of the contract to

In the case of Karan Singh Vs Chaman Paswan the plaintiff filed

3-Jurisdiction as to the subject matter

The subject matter can be defined as the authority vested in a court to

Section 21 of the Code of Civil Procedure is related to the stage

4-Original and appellate jurisdiction

Appellate jurisdiction refers to the court’s authority to review or rehearsal

Original Jurisdiction refers to the court’s authority to take notice of cases

5-Exclusive and concurrent jurisdiction

Concurrent jurisdiction exists where two or more courts from different

6- General and special jurisdiction

General jurisdiction means that general courts do not limit themselves

Specific jurisdiction is the ability of the court to hear a lawsuit in a

7- Legal and equitable jurisdiction

Equitable jurisdiction belongs to the authorities of the courts to take specific

In the case of K.K.Velusamy Vs N.Palanisamy, the Supreme

7- Expounding and expanding jurisdiction

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