Explain the provisions of the Civil Procedure Code relating to the jurisdiction of Civil Courts

Question: Explain the provisions of the Civil Procedure Code relating to the jurisdiction of Civil Courts. [Bihar (J) 2000]

Find the answer to the mains question only on Legal Bites. [Explain the provisions of the Civil Procedure relating to the jurisdiction of civil courts.]

Answer

The provisions of the civil procedure code as the jurisdiction of civil courts have been dealt with under sections 9 and 15 to 20 of the Code, which may be summarised as follows:

A. The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. (Section 9)

B. Every suit shall be instituted in the court of the lowest grade competent to try it. (Section 15)

C. Subject to the pecuniary or other limitations prescribed by any law, suits-

1. 1. for the recovery of immovable property with or without rent or profits,
   2. for the partition of immovable property,
   3. for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
   4. for the determination of any other right to or interest in immovable property,
   5. for compensation for wrong to immovable property,
   6. for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situated. (Section 16)

D. Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts. The suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated (Section 17)

E.

1. Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction (provided that the suit is one with respect to which the court is competent as regards the nature and value of the suit to exercise jurisdiction)
2. Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice. (Section 18)

F. Where a suit is for compensation for the wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts. (Section 19)

G. Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-

1. the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
2. any of the defendants, where there are more than one, at the time of the commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
3. the cause of action, wholly or in part, arises. (Section 20)

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