Jurisdiction of Civil Court

Jurisdiction of civil court
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.
Section 9 of CPC
Section 9 of the Code of Civil procedure deals with the jurisdiction of civil courts in India. It declares
that the court shall have jurisdiction to try all lawsuits of civil nature accepting suits of which their
cognizance is either expressly or impliedly barred.
Conditions
A Civil court has jurisdiction to decide a suit if two requirements are fulfilled:
The suit must be of a civil nature.
The cognizance of such a suit should not have been expressly or impliedly barred.
i) The suit of civil nature
Meaning
‘Civil Suit’ has not been explained in any act. Any suit that is not criminal in nature can be termed as
a suit of a civil nature. Any suit that pertains to determination and implementation of civil rights may
be defined as a civil suit. In the case of Kehar Singh Nihal Singh Vs Custodian General, the court
elaborated the concept of Civil proceeding. It was defined as a grant of private rights to individuals or
corporations of society. The objective of the action is the reward or recovery of private rights. In
other words, the civil action may be described as the proceeding between two parties for
implementation or redressal of private rights.
Nature and scope
The expression ‘suit of civil nature’ will cover the private rights and obligations of the citizens. The
political and religious question is not covered by a suit of a civil nature. A suit in which principal
question is related to caste or religion is not of a suit of a civil nature. The court has jurisdiction to
decide those questions also, in order to decide the important question which is of civil nature.
Test
A suit in which the right to property or to an office is struck is a suit of a civil nature, notwithstanding
that such right may depend only on the choice of a question as to religious rituals or ceremonies.
ii) Cognizance not barred
A claimant having a complaint of a civil nature has the power to begin a civil suit unless its
cognizance is barred, either expressly or impliedly.
Suits expressly barred

A suit is said to expressly barred when it is prohibited by the statute for the time being in force. It is
subject to the competent legislature to bar the jurisdiction of civil courts with regard to a specific
class of suits of civil nature
Suits impliedly barred
A suit is said to be impliedly barred when it is said to be excluded by general principles of law. When
a specific remedy is given by statute, it, therefore, denies a person who requires a remedy of any
different form than is given by statute.
Presumption as to jurisdiction
In dealing with the subject whether a civil court’s jurisdiction to analyse a suit is barred or not, it is
necessary to bear in mind that every opinion should be made in support of the jurisdiction of a civil
court.
Burden of proof
It is well proved that it is for the party who tries to dismiss the jurisdiction of the civil court to
establish it. It is uniformly well established that the statue dismissing the jurisdiction of a civil court
must be strictly explained. In the case of doubt as to jurisdiction, the court should lean towards the
theory of jurisdiction. A civil court has original authority to determine the issue of its own jurisdiction
although as a consequence of such query it may become that it has no jurisdiction to consider the
suit.
Place of Suing
The place of suing in CPC is discussed under Sections 15 to 20. Section 15 pertains explicitly to the
pecuniary jurisdiction of the Court. Sections 16 to 18 address suits concerning immovable property,
Section 19 covers suits related to compensation for wrongs and movable property, and Section 20
deals with suits concerning other matters.
The expression ‘place of suing’ signifies the venue for the trial. The same has nothing to do with the
competency of the court. Section 15 of the Code of Civil Procedure, 1908 requires the plaintiff to file
a suit in the court of the lowest grade competent to try it. Provisions for the immovable property
have been spread over Sections 16 to 18 of the aforesaid Code. Section 19 specifically applies to suits
for compensation for wrongs to persons or movable property. Section 21 of the Code recognizes the
well-established principle that defects as to territorial or pecuniary jurisdiction can be waived. A
substantive suit for setting aside a decree passed by a court on the ground of want of territorial
jurisdiction is expressly barred by Section 21-A of the Code.
Pecuniary jurisdiction
Section 15 of the Code of Civil Procedure, 1908 provides that a suit must be instituted in the court of
the lowest grade which is competent to try it. This rule being of a procedural nature does not affect
the jurisdiction of the courts.
The jurisdiction of a court under Section 15 is determined by the plaintiff’s valuation in the plaint and
not the amount for which the decree will be finally passed by the court.
Territorial jurisdiction
In order to discuss territorial jurisdiction of a court, the four types of suits that are to be considered
are:
• Suits in respect of the immovable property (Sections 16-18);

• Suits in respect of the movable property (Section 19);
• Suits in respect of compensation for wrongs (Section 19);
• Other suits (Section 20).
Section 17 of the Code of Civil Procedure, 1908 provides the provision for suits of immovable
property located within the jurisdiction of different courts. The provision provides that suits can be
filed in different courts within the local limits of whose jurisdiction any portion of the property lies,
provided that suit is within pecuniary jurisdiction of such courts.
Subject-matter jurisdiction
Subject-matter jurisdiction denotes the court’s authority or capacity to decide on problems based on
their nature. Different courts have been given the authority to decide on various forms of lawsuits,
taking into account the multiplicity of situations. Suits involving insolvency, probate, divorce, and
other similar matters, The five kinds of suits where Section 16 of the Code of Civil Procedure, 1908
can be invoked are as follows:
• Partition of immovable property

• Recovery of immovable property
• Torts to immovable property
• Determination of any right or interest in the property
• Sale, Foreclosure, Redemption with respect to mortgage or charge upon the immovable
property
Conclusion
The Supreme Court declared in the matter of Official Trustee v. Sachindra Nath (1968) that
jurisdiction must entail not only the capacity to hear, but also the authority to hear and decide on
the matter at issue before . Civil court has jurisdiction to investigate whether tribunal and quasi-
judicial bodies or legal executive acted within their jurisdiction. It can be presumed that section 9
essentially deals with the issue of the civil court’s jurisdiction to consider a matter. Civil court has
jurisdiction to consider a suit of civil nature except when it’s notification is expressly barred or bared
by significant suggestion. Civil court has jurisdiction to resolve the problem of its jurisdiction.

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Jurisdiction of civil court

The suit must be of a civil nature.

i) The suit of civil nature

Nature and scope

ii) Cognizance not barred

Suits expressly barred

Suits impliedly barred

• Suits in respect of the immovable property (Sections 16-18);

• Partition of immovable property

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