INTRODUCTION

As according to Black law dictionary the word Jurisdiction define as “A court power to
decide a case or issue a decree”. The word Jurisdiction is derived from the Latin word' juris'
meaning' oath and diecre meaning to speak. the Jurisdiction can be defined as power of court 1
to hear and decide the case and to adjudicate any judicial power in relation to it. In India the
procedures and cases are of two types civil and criminal. the hearing of criminal cases is done
by criminal court and whereas the civil cases are hear by civil courts. The word jurisdiction is
not defined in C.P.C. It can be represented, in simple terms, as the court's power to decide the
case. The Indian Judiciary quoted the ancient legal principle “Ubi jus Ibi Remedium” which
means that “where there is a right there a remedy”. The court has authority to handle the
matter. Therefore, where there is anything wrong committed, the jurisdiction usually lies.

Objective

The present study is to assess and evaluate the following

 To highlight the important provision in respect of Jurisdiction in civil matters.

 To study the role of judiciary in determining the jurisdiction and important judgement
in context of jurisdiction expressly or impliedly bared by the act.

Research Problem

In the Code of Civil Procedure, 1908, the very first step towards determining the court in
which a party can file a suit is the rule of jurisdiction which tells us that which court is
competent to take a particular matter in the first instance. The major problem is that when it
comes to decide jurisdiction of the court which is competent to deal with a particular matter
there are many cases which are listed up since many years but have not been heard and many
cases get rejected because of lack of jurisdiction, still there is some problem in determining
the suit specially the suits which are impliedly barred.
1
Hirday Nath v. Ram Chandra, AIR 1929 Cal 445

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 Kinds of Jurisdiction

Jurisdiction Related to subject matter

The jurisdiction of civil court in respect to subject matter is very important because all courts
does not have power to hear all the cases, for an example small court have jurisdiction to hear
small cases like recovery of debts based on promissory notes and mortgage deeds. They do
not have jurisdiction to hear the cases in relation to partition of property, injunction and
specific performance of contract. Likewise, district court has right to hear all cases in respect
of insolvency. The parliament has passed certain acts under which sperate establishment of
court is there to hear the particular type of case

 Exclusive jurisdiction: the tribunal get exclusive jurisdiction to hear particular subject
matter for an example Family court
 Excluding jurisdiction: The particular subject matter case of civil nature which is
expressly or impliedly bared by the act.

Territorial Jurisdiction

The territorial Jurisdiction of court is decided by the government and the court has to hear
the case remaining with in their jurisdiction. They cannot go beyond their territorial
jurisdiction for an example the district court has jurisdiction to hear all the cases in
respect of its districts, the other civil courts (Senior Division Junior Division) have their
fixed territorial Jurisdiction.

The territory of court is decided after taking several factors into consideration

1. In case of immovable property2

The following suit will institute in the place where immovable property is situated

 When the suit is for recovery of immovable property with or without profit

2
Section 16 of Civil Procedure Code.

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  When the suit is for partition and maintaining any right in the immoveable
property
 When suit is for compensation for causing any wrong done to immovable property
 When in suit is for the prohibition of redemption or sale of any immovable
property which is subject to any charge or for its redemption.

Furthermore, to the following ground in case of Hrashad Chiman Lal Modi Vs D.L.F
3
the court interpreted the clauses in regards to sec 16 that the court doesn’t have
power to decide the right of property which is not situated in the jurisdiction of the
court. But the court can still pass relief if opposite party agree to try the suit in that
court.

2. In case of immovable property situated in different jurisdiction of court4

If there is one or more property situated in different place and suit is for seeking relief for the
wrong done to the property, the suit can be filed in the jurisdiction of any court where portion
of that property is situated. For an example property is situated in Delhi, Bangalore and
Mumbai and the suit are for the partition of such property. The suit can be filed in any court
under whose jurisdiction the portion of property is situated.

3. In case Jurisdiction of property in not certain, where such property is

situated5

Where in case it is not certain where the property is situated in that case suit can filed any of
the jurisdiction of that court. For example, property is situated on the boarder or Rajasthan
and Madhya Pradesh in that case the suit can be filed in any of the two court.

4. Suit is for compensation for wrong done to movable property6

The suit can be instituted in the following court depending upon the will of plaintiff

 Where the wrong has been done

 The defendant in the jurisdiction of any court
 Resides
 Does his business

3
Hrashad Chiman Lal Modi Vs D.L.F& Anr, (2005) 7 SCC 791).
4
Section 17 of Civil Procedure Code
5
Section 18 of Civil Procedure Code
6
Section 19 of Civil Procedure Code

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  The palace where he does work for profit

5. In case of matrimonial dispute

 Where marriage take place or
 Immediately after marriage, where did they stay together or
 After separation where the husband or wife stays

Exception to this above mention rule is that in case if wife files case, it continues where she
filed case and if husband files the case the wife may submit an application for transfer of case
to place where she resides.

Pecuniary Jurisdiction

The pecuniary jurisdiction means the jurisdiction to hear the case up to the specified amount.
Court cannot go beyond that, even the parties also cannot file suit beyond the pecuniary value
of the court to decide the case. The pecuniary value of the court is decided by state
government

Appellant and original Jurisdiction

Appellant jurisdiction can be defined as power of the court to review or rehear cases
previously determined in the lower courts. In the Indian situations, both the High Court and
the Supreme Court have the power to appeal and accept the acquired subjects as appeals.

Original jurisdiction refers to the power of the court to notify the first instance itself of cases
that may be resolved in these courts. Unlike the appellant jurisdiction in which judges review
the matter previously determined, the cases are heard again here.

LACK OF JURISDICTION AND IRREGULAR EXERCISE OF

JURISDICTION

Once the case is put to the judge the main question is whether the judge has power to deal
with the matter or not. When the court has power over all three territorial, pecuniary or
subject matter, so clearly the court has the right to operate all of the proceedings in relation to
that case. If the court has no jurisdiction, it would be regarded as lack of jurisdiction and
improper exercise of jurisdiction. When the court has no authority to settle the case then such

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decision given by court will regard as void or voidable depends upon the circumstances of the
case

The criteria to determine the jurisdiction

It is inherent power of to decide the Jurisdiction. It is mainly determining on followings

grounds

 Pecuniary value
 territorial limit of the court
 The subject matter of the case

It is not only that sufficient the court has right to deal with the case or the court has territorial
and pecuniary jurisdiction over it , but the court must also have the right to pass judgement
in that case, as stated In the case of Official trustee vs Sachin Nath 7 the court held that in
order to deal with the subject of case, the court must not be the only jurisdiction to decide
particular subject but also have power to give judgment in the respect of case which it is
examined

JURISDICTION8 OF CIVIL COURT

Section 9 of CPC

Section 9 of CPC states about the provision in respect of jurisdiction civil court. As according
to section 9 of CPC the civil court have jurisdiction to try all the suits of civil nature
expecting the cognizance of suits which are expressly or impliedly bared by the act.

Conditions

A civil court has jurisdiction to decide all the suits if following condition is satisfied

 A suit must be of civil nature

 The cognizance of such suit must not be excluded expressly or impliedly bared by the
act

Suit of Civil Nature

The suit of civil nature is those in which right to property or to an office is contested. A suit
of a civil nature does not address the political and religious issue. A situation in which race or

7
Official trustee vs Sachin Nath, 1969 SCR (3) 92
8
Section 9 of Code of Civil Procedure, 1908

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religion is connected to the main question is not of a civil nature. However, where the major
issue of a civil suit concerns the ruling on caste or religious rituals and practices, it will not
end up being a civil suit. The court also has authority to resolve certain questions in order to
determine the relevant civil nature.

In Gurucharan Singh V/S Mst. Gurdayal Kaur 9 the court held that before determining
whether the suit is of civil nature two thing must be taken into consideration that is

a. Subject matter of the suit

b. The real nature of its objects

In Shankar's case Narayanan Potti vs K. Sreedevi10, the Supreme Court stated that “the
Civil Court has primary jurisdiction over all kinds of civil cases, as specified under Section 9
of the CPC, unless the action is explicitly or indirectly prohibited”. This means that the Civil
Court may be overcome by attaching a rule or clause to the Act itself by parliament. In the
case of Shri Panch Nagar Park vs Purushottam Das11, it was held that “where there are no
clear words in any statute, the court shall investigate the design, preparation and relevant
provisions of the law to consider an implicit dismissal of a civil court's jurisdiction”

Cognizance not barred

A plaintiff with a civil lawsuit has the Suit right to bring a civil suit unless it is excluded,
either directly or impliedly.

Suits Expressly Barred

A suit which is expressly bared by the statute from the time being force .It is the duty of the
parliament to bar the authority of civil courts in respect to a particular class to civil cases, so
that, in so doing, it stays within the scope of the legislation granted to it and does not violate
any of the provisions of the constitution of India.

In the case of Ushaben Naveen Chandra Trivedi V/S Bhagya Lakshmi Chitra Mandir 12
the suit was filed to ban the film Jai Santoshi Ma on the grounds that it hurts the feelings of
Hindu, the court doesn’t consider as suit of civil nature.

Suits impliedly Bars

9
Gurucharan Singh V/S Mst. Gurdayal Kaur AIR 1982 Raj 91
10
Narayanan Potti vs K. Sreedevi AIR 1999 Ker 117
11
Shri Panch Nagar Park vs Purushottam Das 1999 Supp (1) SCR 546
12
Ushaben Naveen Chandra Trivedi V/S Bhagya Lakshmi Chitra Mandir, AIR 1978 Guj 13

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Followings suits will be considered as implied bar on court to hear the case

 Act of the state: The jurisdiction of civil suit will be barred if the following act is an
act of state. However, it is discretion of court to determine that following act is act of
state or not.
 Suits in respect of public policy: The suits in respect of public policy is impliedly
barred by the act to try the case in civil court
 Special Tribunal: If the statute has created some special tribunal to try the case it will
considered as impliedly barred on the civil court to hear the case.

The following general principles relating to the jurisdiction of a civil court derive from
different judgments of the Supreme Court:

 A civil court has authority to hear all the cases related to civil suits excepts the which
is expressly or impliedly barred.
 Consent cannot impose jurisdiction on a judge, nor take it away.
 A judgment issued by a court without jurisdiction is nullity, and its validity may be
questioned at any point of the proceedings, in execution or even in conditional
proceedings.13
 There is a distinction between lack of jurisdiction and excessive exercise of the
jurisdiction.
 Every court has the inherent power to decide its own jurisdiction on the subject.
 The court's jurisdiction relies on the estimates provided in the case and not on the
written argument of the defence.
 In order to decide a court's jurisdiction, the content of a matter is relevant, and not its
nature.
 Every presumption should be made in favour of civil court jurisdiction.
 A law ousting a court's authority has to be strictly defined.
 The presumption of proof of exclusion from the jurisdiction of a court rests with the
party which claims that jurisdiction.
 Even where a civil court's authority is limited, it can still determine if an act's
provisions have been complied with or if an order has been passed de hors the rule.

13
Kiran Singh and others vs. Chaman Paswan and others, AIR 1954 SC 340

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 Conclusion& Suggestion

Civil court has jurisdiction to determine if it is within their authority that tribunal and quasi-
judicial bodies or legal executives act. It can be believed that section 9 deals generally with
the issue of the jurisdiction of the civil court to find a matter. Civil court has jurisdiction to
consider a civil case except where the notice is expressly excluded or bared by strong
implication. Civil court has authority to address the jurisdictional issue.

Suggestion

There is no such suggestion in the amendment of jurisdiction except one or two. The first
suggestion after making this project I would like to make is that-

1. As we can see that even after the amendment of Code of Civil Procedure 2002,
there is a huge delay in hearing of the cases. Thus, there is a need to redefine the
existing system so that cases can be heard speedily. Delay mainly caused in
determining the jurisdiction in suit which are impliedly barred by the act
2. As there are huge number of cases pending in the Civil Court thus there is a need to
increase the number of divisions and courts in each and every district i.e. division
beyond territorial jurisdiction or pecuniary jurisdiction.
3. Bifurcation is also a suggestion so that case will be decided on the merit and also
speedily.

Literature Review

Jurisdiction under Civil Procedure Code

Author Mariya Paliwala in his article try to explain various provision related to jurisdiction
covered in C.P.C

Jurisdiction of Civil court and its Bar

Justice S.U khan in his article try to explain various provision in respect of jurisdiction bared
in some cases and also highlighted the important judgement stating about the provision in
respect of expressly or impliedly barred jurisdiction

Author C.K Takwani in his Book Civil Procedure Code explain various provision and section
in respect of Jurisdiction of civil cases

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