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Jurisdiction and Place of Suing under Civil Procedure Code
There is a remedy where there is a right, according to the core tenet of English law known as "Ubi Jus Ibi Remedium," which is recognized by Indian law. When a person's rights are violated or restricted, he or she must seek restitution from the proper party in the proper court or venue. Such a judicial system needs the power to make a decision in the case. The legal forum must have the authority to handle the case. The jurisdiction of each court varies.
What is Jurisdiction?
The Latin words juris, which means "law," and dicere, which means "to speak," are the origin of the word jurisdiction. The term "jurisdiction" refers to the court's ability to recognize an offense and ascertain the basis for action.
The case of Hirday Nath v. Ram Chandra established the jurisdiction. According to the High Court of Calcutta, jurisdiction can be summed up as the legal authority of the Court to hear, decide, and render judgment on the matter at hand.
The main factors used to determine jurisdiction include −
What is Suit?
According to the CPC, 1908, the word "suit" is not defined. It is generally accepted that it refers to a process that begins when a civil court is presented with a plaint.
The relief sought is specifically stated in a plaint, which is a written statement of a cause of action.
What is Place of Suit?
The venue of a lawsuit is crucial since it directly affects the court's ability to provide a ruling. Choosing a court depends on the information in the complaint that is being filed. It alludes to the issue of jurisdiction. The courts have the authority to hear all civil lawsuits, with the exception of those in which their cognizance is expressly or implausibly restricted, according to Section 9 of the CPC, 1908.
According to Section 15 of the Civil Procedure Code, every lawsuit must be filed in the court with the lowest competency level to hear it. When a lawsuit is filed, the court must determine whether it has the authority to hear it.
Section 15 to 20 deal with place of suing-
If a situation falls under all three categories of jurisdiction, then only a court can hear it. Inappropriate exercise of jurisdiction, or lack thereof, occurs when a court hears a case. Depending on the circumstances, this can render the judgment void or voidable. The categories of jurisdiction are discussed fully in Sections 15-20, and Section 21 discusses decisions made by courts that lacked authority. Typically, the concerned state enactments on the subject of civil courts set forth the territorial and financial jurisdiction in civil proceedings.
According to Section 15 of the Code, every lawsuit must be filed in the court with the lowest competency level. If the total amount or value of the contested matter does not exceed one lakh rupees, a Munsiff's Court may hear the case. The financial jurisdiction of a subordinate judge's court is unrestricted. The District Court has unrestricted financial jurisdiction as well. A district court and subordinate court are therefore qualified to hear original lawsuits, the value of the subject matter of which may be of any size.
In territorial Jurisdiction, suit may be divided in two types −
Immovable (Sec 16- 18): Courts' jurisdiction is divided horizontally by territorial jurisdiction. No court is seen as superior to another because they all have the authority to take notice of a case. The CPC further divides its territorial jurisdiction int −:
|Sec 16||Wherever the immovable property is located, the immovable property suit must be filed.|
|Sec 17||Cases where the immovable property is located within the local boundaries of the jurisdiction of various courts.|
|Sec 18||A place of an institution where the jurisdiction of courts is unclear|
Movable (Sec 19): If a defendant resides, conducts business, or personally works for compensation within the local limits of the jurisdiction of one court but the wrong was committed against a person or movable property within the local limits of the jurisdiction of another court, the plaintiff may elect to file suit in either of the said courts.
Other Suits (Sec 20): Section 20 establishes the norm for the venue in personal injury lawsuits and must be interpreted in accordance with Sections 15 to 19 of the Code. Every lawsuit must be filed in the court whose local jurisdiction includes the following −
The origin of the activity, in whole or in part
The defendant dwells, engages in lucrative personal or professional activities
Subject Matter Jurisdiction
Different courts have the authority to rule on various lawsuit kinds. Certain courts lack the authority to hear certain types of lawsuits. For instance, the Court of Civil Judges (Junior Division) is not permitted to provide a ruling in instances involving testamentary succession, divorce, probate, insolvency, etc. This is referred to as subject matter jurisdiction, where a case from a particular class of cases can only be pursued if a court has jurisdiction over that class of cases. With the recent tendency of the Tribunal System, subject matter jurisdiction has become overly popular.
As we discussed above, the place of a lawsuit is a crucial issue in the Civil Procedure Code. When a person wants to file a lawsuit for a specific wrong, he or she must first thoroughly investigate the territory, the legal system, and many other factors before determining which court would be the most appropriate to handle the case. Only then will they be qualified to file a lawsuit and obtain a judgment from the appropriate jurisdictional court.
Q1. What is jurisdiction of civil courts under CPC?
Ans. Section 9 of the Code of Civil Procedure deals with the jurisdiction of civil courts in India. According to this clause, unless a case is barred, the court hears all civil lawsuits. The following criteria can be used to determine whether a civil court is qualified to hear a case or not: The legal action must be civil in nature.
Q2. Under which section of CPC partition suit is filed?
Ans. Under Section 54 of the Civil Procedure Code, the division of an estate or separation of shares is dealt with. The co-owners of the property divide their shares into separate portions so that everyone can own their own portion.
Q3. What is the place of suing CPC section 16?
Ans. Under Section 16, Clause (d), C.P.C. a suit for the determination of any right or interest in immovable property is one which could be filed only in the Court within the local limits of whose jurisdiction the property is situated.
Q4. Where is the place of suing in CPC India?
Ans. The location of the trial is all that is meant by "place of suing." Sections 15 through 21 of the CPC deal with this. Every court has its own financial and geographic jurisdiction. Section 15 of the CPC states that the lawsuit must be filed in the court with the lowest trial authority.
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