Civil Procedure Code (C.P.C.) - Jurisdiction
The jurisdiction of courts under the CPC is often determined either through territory/area, or by the pecuniary value of the suit. This article discusses jurisdictional determination in brief.
Fri Jul 15 2022 | Civil Litigation and Others | Comments (0)
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CLASSIFICATION OF COURTS ACCORDING TO AREA AND MONEY DIPUTED
The Civil Procedure Code (C.P.C.) is to regulate the functioning of Civil courts. CPC lays down the rules in which a civil court is to function, which may be summed up as follows:-
- Procedure of filing the civil case.
- Powers of court to pass various orders.
- Court fees and stamp involved in filing of case.
- Rights of the parties to a case, viz. plaintiff and defendant
- Jurisdiction and parameters within which the civil courts should function.
- Specific rules for proceedings of a case.
Right of Appeals, review or reference.
JURISDICTION
Jurisdiction of civil courts can be divided on two basis.
- PECUNIARY/MONETARY
- TERRITORIAL/AREAWISE CLASSIFICATION
Pecuniary/Monetary
Pecuniary jurisdiction of the court divides the court on a vertical basis.
At present the pecuniary jurisdiction of the Delhi courts is as follows:
- Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts.
Suits over and above Rs. 20,00,000/- lie before High Courts.
- It is very important to note that the amount of pecuniary jurisdiction is different for all High Courts. This limit is decided by respective High Court Rules.
- In many states High court has no pecuniary jurisdiction. All civil suits go before District Courts, and only appeal lies before High Court.
Territorial Jurisdiction
Territorial Jurisdiction divides the courts on a horizontal basis.
DISTRICT COURTS
For example in Delhi, there are three District level courts, viz. Patiala House, Tis Hazari and Karakardooma. All these courts have nearly same powers. However, being on a same horizontal line, these courts are divided territory wise, i.e. area wise. Again for example, cases pertaining to South Delhi, New Delhi and West Delhi will lie before Patiala House, and North Delhi cases will lie before Tis Hazari, and cases pertaining to East Delhi will lie before Karakardooma.
HIGH COURT
Similarly High Court of two different states, say Delhi, and Punjab may have similar powers in their respective states, but are divided on the basis of area. Cases pertaining to Delhi will lie before Delhi High court and cases pertaining to Punjab will lie before Punjab High Court.
How is Territory Decided?
Territory of a court is decided after taking into account several factors. They are:
- IN CASE OF IMMOVABLE PROPERTY: If the suit is with regard to recovery, rent, partition, sale, redemption, determination of right of immovable property, it shall be instituted in the court within the local limits of whose jurisdiction the property is situated.
- IMMOVABLE PROPERTY SITUATED WITHIN THE JURISDICTIONOF DIFFERENT COURTS: In such a case the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situated.
- IN CASE OF DISPUTE BETWEEN TWO OR MORE PERSONS WITH RESPECT TO MOVABLE PROPERTY, BUSINESS OR ANY OTHER WRONG DONE: Where a wrong has been caused to a person, or any damage has been caused to a movable property, then the suit may be instituted either,
- In the place, where wrong or damage has been caused, or
- In the place, where defendant (the person who caused the loss) resides.
Where there is a dispute in business, agreement or any other kind of civil dispute, except matrimonial matter, then the suit may be instituted either,
- In a place, where the defendant resides, or carries on business, or
- In a place, where the cause of action has arisen, i.e. where the dispute or wrong took place
- IN CASE OF MATRIMONIAL DISPUTE: Where a dispute arises between Husband and wife inregard to their marital life then the case may be filed either:
In the place where marriage was solemnized, or;
In the place, where opposite party is residing, or;
In the place, where Husband and Wife lost resided together, or;
In the place, where person filing the case is residing, provided that.
Opposite party has not been heard of as alive for the last Seven years, or
Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.
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