JURISDICTION OF CIVIL COURT

Jurisdiction of civil court are covered under section 9 to 14 ,The Code of Civil Procedure,1908. Jurisdiction means the power and extend of authority of court to decide matter before it. Jurisdiction of a court is determined by law or by clear intendment arising out of law. Simple , the jurisdiction is conferred by statute. Jurisdiction restrict court from exercising its power and authority beyond its areas specified under jurisdiction. territorial, pecuniary, subject matter, parties, suits, appeals etc… come under jurisdiction of court. Every courts has jurisdiction in this article I’ll be dealing exclusively with Civil court jurisdiction.

Jurisdiction of Civil courts is conferred under Section 9 of Code of Civil Procedure, 1908. This section reads as- The Courts shall(subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred . The suits are of two kinds , civil nature suit and suits which are not civil nature. The civil court has jurisdiction only to deal with matter which are of civil nature. The civil nature suit unless it is expressly or impliedly restrict the civil court , the court has jurisdiction. The expressed bar means the court is barred by any specific statutory provisions and implied bar inthe sense the criminal matters can not be entertained in civil court.

The civil courts jurisdiction has been classified as territorial jurisdiction, pecuniary jurisdiction, subject matter jurisdiction, orginial and appellate jurisdiction. The territorial jurisdiction means every court has its local limits and that particular local limit in which the court could exercise its power and authority is is known as territorial jurisdiction and beyond that court can not exercise its jurisdiction. Pecuniary jurisdiction means the civil courts are subjected to deal with money related matters according to their hierarchy such as the junior civil judge has pecuniary jurisdiction up to value of 3 lakhs where as the High court and District court has unlimited pecuniary jurisdiction.

Civil courts jurisdiction over subject matter have been assigned according to different types of cases to be tried by them as same as pecuniary jurisdiction ,the lower court has jurisdiction to deal with subject matter which are non contentious . District court deals with matrimonial matters . Respective tribunal has jurisdiction with respective matters only for example , the Administrative tribunal deal only with the service matter of government servant . Orginial jurisdiction means the first place where the suit have been instituted that particular court has orginial jurisdiction and appellate jurisdiction means when a matter in dispute has been filled for an appeal in higher court the appropriate higher court has appellate jurisdiction ie; the Supreme court, High Court and District Court have both orginal and appellate jurisdiction.

Section 10 of CPC deals with Stay of Suits , Stay of Suits means when a suit is pending before a competent court and the same suit should not be tried by any other Court in India. stay of suit is also known as Res sub-judice. In order to constitute Red sub-judice there must be two suits in different courts about same subject matter between same parties. The decree passed in contravention is not nullity and cannot be disregarded in execution proceedings.

Section 11 of CPC deals with Res Judicata , means when a competent court under jurisdiction tried a subject matter and no other Court can try any suit or issue of same subject matter which is already decided . Res Judicata is based on 3 important maxims there are Nemo debit lis vexari pro qua et eadem cause ,it means for one and the same cause, no person should be vexed twice. Interest republicae ut sit finis litium, means in the interests of the state, there should be an end to a litigation. Res-judicata pro veritate occipitur ,means every judicial decision must be accepted as correct and conclusive truth.

Under jurisdiction of civil court, section 12 deals with Bar to further suit, apart from stay of suit and res Judicata the bar for suit are mentioned under section 12 . Section 13 and 14 deals the foreign jurisdiction. In simple words , jurisdiction is nothing but the limit for the power and extend of authority of court.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.


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