Define jurisdiction and discuss the powers and functions of different Civil Courts according to their territorial and pecuniary jurisdiction as contained in the Code of Civil Procedure.

Question: Define jurisdiction and discuss the powers and functions of different Civil Courts according to their territorial and pecuniary jurisdiction as contained in the Code of Civil Procedure.

Find the answer to the mains question only on Legal Bites. [Define jurisdiction and discuss the powers and functions of different Civil Courts according to their territorial and pecuniary jurisdiction as contained in the Code of Civil Procedure.]

Answer

The term “jurisdiction” has not been defined in the Code. The word is derived from the Latin terms “juris” and “dicto” which means “I speak by the law”. “Jurisdiction” means the power or authority of a court of law to hear and and determine a cause or a matter.

Jurisdiction of a civil court may be classified under the following categories:

• Territorial or local jurisdiction

Every court has its own local or territorial limits beyond which it cannot exercise its jurisdiction. These limits are fixed by the Government. The district judge has to exercise jurisdiction within his district and not outside it. The High court has jurisdiction over the territory of the State within which it is situated and not beyond it. Again, a court has no jurisdiction to try a suit for immovable property situated beyond its local limits.

• Pecuniary Jurisdiction

The Code provides that a court will have jurisdiction only over those suits the amount or value of the subject matter of which does not exceed the pecuniary limits of its jurisdiction. Some courts have unlimited pecuniary jurisdiction, e.g. High Courts and district courts have no pecuniary limitations. But there are other courts having jurisdictions to try suits up to a particular amount. Thus, a Presidency Small causes court cannot entertain a suit in which the amount claimed exceed Rs. 1000.

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