Jurisdiction and place of suing and concept of Institution of the suit under CPC6 min read

BY- RICHA CHOUDHARY

Ubi Jus Ibi Remedium – “Where there’s a right, there’s a remedy”

The basic principle of English Law that wherever there is a right, there is a remedy it has been adopted by the Indian legal system. It simply means, whenever the rights of a person are infringed or the person is stopped by anyone in enjoying the rights so guaranteed to him or curtailed, there must be some judicial forum present that has the authority to adjudicate on the matter and the rights that are so guaranteed should be restored or compensated as per the case.

To get the given rights restored or claiming compensation or damage sustained by a person, he has to approach the appropriate forum, a forum that has the authority to adjudicate on the matter and provide the relief so sought. So, the jurisdiction must be there with the forum to deal with that matter.

Meaning of Jurisdiction

In a general sense, Jurisdiction is the power of the Court to take cognizance of an offense and to further also determine the cause of action.

According to Black’s Law dictionary Jurisdiction means “A court’s power to make a decision on a case or issue a decree.”

The jurisdiction was discussed clearly in the case of Hirday Nath vs Ram Chandra. In this case, The High Court of Calcutta stated that jurisdiction can be defined as the judicial power of the Court to hear and determine the cause and adjudicate upon it.

Jurisdiction is decided mainly based on: –

  1. Pecuniary value
  2. Local limits of Court
  3. The subject matter of Court

So, the Court before taking the cognizance of offense, the following points should be taken into consideration: –

  1. The pecuniary value of the suit
  2. The nature of the case
  3. The territorial limits of the court

It is not only sufficient that the forum must have the authority to deal with the matter or that the court has a pecuniary jurisdiction of the court has a local jurisdiction but the court must be competent enough to grant or provide the relief in such matter.

The case of Official Trustee vs Sachindra Nath, in this case

It was held by the court that to deal with the matter the court must not only be enough to decide a particular matter but also has the power to pass the order sought.

The jurisdiction of Civil Courts

The word civil is not defined in Section 9 of CPC itself. But, according to Dictionary “civil rights are private rights and remedies that are different from the criminal and political nature”. The word “nature” simply indicates the identity or essential character that is present in an individual or thing. So, from this we can easily draw the definition of suits of civil nature means the suit during a dispute concerning private rights and therefore the suit must not be related to a political or criminal matter.

The civil court shall have jurisdiction to undertake all the suits except the suit which is impliedly or expressly barred.

A suit which is related to the right to property or suit during which office is contested is of civil nature suit, notwithstanding that such right may depend entirely on the decisions of questions on religious ceremonies or rites. It is not important whether the fees to the office are attached or not, or whether such an office is attached to a specific place or not.

The suit which is expressly barred means the suit which is barred by any statute or any other law for the time being in force. The legislature has an option to bar the jurisdiction of the civil court concerning a particular class of suit keeping itself with the ambit of the power conferred on the Constitution of India. The establishment of the tribunal has taken away the jurisdiction of the civil court about the subject matter that is allotted to the tribunal on the first instance, however, if any questions associated with law raised, or any provision of the act so created the tribunal are often looked into by the civil court. The civil court has no jurisdiction over those matters in which the Code of Criminal Procedure is concerned, the Revenue Court has exclusive jurisdiction, or the matter is dealt with special tribunal dealt under special statutes. example Motor Accidents Claims Tribunal, Cooperative Tribunal.

A suit is considered impliedly barred when it’s barred by either the overall principle of law or general conduct of law. The basic purpose of barred impliedly is that the court shouldn’t handle the matter which causes injurious to the general public or which is against the general public’s will.

The case of P.M.A Metropolitan vs Moran Mar Marthoma, in this case,

The Supreme Court observed that: –

– The phrases used in section 9 of CPC contain a positive and negative meaning.

– The earlier part has been found to have a wider sense as it covers all the matter of civil nature; on the other hand, the latter part also has a wider sense as it excludes the matter which is impliedly or expressly barred.

– there are the two explanations mentioned in Section 9 that express the legislative intentions.

– It cast an obligation on the court to exercise the jurisdiction for the enforcement of private rights

– No court is at discretion to refuse the matter which falls under this section

It is very important and we can say mandatory to take cognizance of matter because the word “shall” is used, which means a mandatory section.

Place of suing

Section 15 to 20 of CPC deals with the place of suing

There are three sorts of jurisdiction to see or determine the place of suing: –

• Territorial jurisdictions

• Pecuniary jurisdictions

• Subject matter jurisdiction

Whenever the suit is brought before the court the first question is to determine is whether the court has jurisdiction to deal with the matter. If the court has all these territorial, pecuniary, or subject matter jurisdictions, only the court can deal with the case. In this case, if the court does not have any of the above-mentioned factors, then it will be considered as lack of jurisdiction or the irregular exercise of jurisdiction. when the court that does not have jurisdiction decides the case and gives a decision then such decision will be considered void or voidable depending upon the different circumstances.

Institution of Suit: The Provisions under the Civil Procedure Code, 1908:

Section 26(1), Civil Procedure Code says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Sub-section (2) provides that in every plaint, facts shall be proved by affidavit. The procedural framework concerning the institution of a suit is given below:

i. Preparing the plaint

ii. Choosing the proper place of suing

iii. Presentation of the plaint

READ ALSO- CONCEPT OF LIMITATION IN CIVIL SUITS UNDER CPC