jurisdiction under code of civil procedure

JURISDICTION UNDER CODE OF CIVIL PROCEDURE

The word jurisdiction is not defined under the code of civil procedure. The term jurisdiction is derived from Latin words Juris meaning law and dicta meaning speech. So, the terms mean I speak by the law. Jurisdiction means the authority to decide. Jurisdiction implies mainly two things-

  • Jurisdiction over the subject matter of the suit and
  • A power to make an order

The declarations made in the plaint by the plaintiff are used to determine the jurisdiction of the court. So, the plaintiff’s contentions are decided by the jurisdiction of the court and not the defendant’s contention made in the written statement. Such facts in the plaint that decide the jurisdiction of a court are known as jurisdictional facts.

TYPES OF JURISDICTION

There are six types of jurisdiction-  

  1. Civil and criminal jurisdiction
  2. Territorial or local jurisdiction
  3. Pecuniary Jurisdiction
  4. Subject matter Jurisdiction
  5. Original and appellate jurisdiction
  6. Exclusive and concurrent jurisdiction

CIVIL AND CRIMINAL JURISDICTION

Civil jurisdiction is the power of a court to deal with civil matters whereas criminal jurisdiction is the power of the court to hear and decide criminal matters.

EXAMPLE- Family matters, property disputes, etc. will be decided by civil courts and a matter involving any crime like murder, theft, robbery, etc. will be decided by criminal courts.

TERRITORIAL OR LOCAL JURISDICTIONS

The territory within which a court can exercise its power is called territorial jurisdictions.

EXAMPLE- District court of a region has the authority to decide matters arising within or related to immovable property situated within that district only.

PECUNIARY JURISDICTION

Pecuniary jurisdiction means the authority of the court to hear and decide matters based on the monetary value of the subject matter of the suit as pleaded in the plaint.

EXAMPLE- District court and High Court have no limit up to which they can entertain the matters. But monetary limit for civil courts has already been provided.

SUBJECT MATTER JURISDICTION

Different courts have been empowered to decide the different types of suits. The court has been divided on the subject matter on which they can entertain a suit.

EXAMPLE- Family matters can be dealt with by family courts only.

ORIGINAL AND APPELLATE JURISDICTION

Original jurisdiction is the power of the court to entertain a suit in the first instance. When the aggrieved party appeals that judgement given by the court of the first instance in another court, such court is called the appellate court and its power to entertain that appeal is called appellate jurisdiction.

EXAMPLE- Matter related to disputes between states can only be filed in supreme court only under its original jurisdiction and no district court or high court has the power to entertain that suit.

EXCLUSIVE AND CONCURRENT JURISDICTION

Exclusive jurisdiction is when there is only one court that can hear and decide the matter. Concurrent jurisdiction is when two or more courts can entertain a matter at the same time.

EXAMPLE- If a suit for divorce is filed in Patna or Delhi, both courts have concurrent jurisdiction but if it was decided by the court in Delhi then Delhi high court has exclusive jurisdiction to entertain that appeal.

Under Section 9 of the Code of Civil Procedure, “a civil court has jurisdiction to try all suits of civil nature unless they are barred.” Section 9 of the Code reads as under:

The Court shall (subject to the provision herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

  • Explanation I – A suit in which the right to property or an office is contested is a suit of civil nature, notwithstanding that such right may depend entirely on the decision of the question as to religious rites or ceremonies.
  • Explanation II- For this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such an office is attached to a particular place.  

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