PRESTIGE INSTITUTE OF

MANAGEMENT &
RESEARCH
(Department of Law)

THE CODE OF CIVIL PROCEDURE

TOPIC - JURISDICTION OF COURTS

SUBMITTED BY
GUNJAN KHATRI
ARHUM KHAN
BALLB 5th Semester
INTRODUCTION

Jurisdiction means the extent of power of a court to

entertain suits and applications.
It means authority to decide.
Jurisdiction of a court means its authority to decide matters
that are litigated before it or to take cognizance of the
matters presented before it in a formal way for its decision.
Additional Collector of Customs v. M/s. Best and Co.
 SECTION 9

COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED The court shall
(subject to the provisions herein contained) have jurisdiction to try all suits of a
civil nature excepting suits of which their cognizance is either expressly or
impliedly barred.
EXPLANATION 1 A suit in which the right to property or to an office is
contested is a suit of a civil nature, notwithstanding that such right may depend
entirely on the decision of questions as to religious rites or ceremonies.
EXPLANATION 2 For the purposes of this section, it is immaterial whether or
not any fees are attached to the office referred to in Explanation 1 or whether or
not such office is attached to a particular place.
ESSENTIALS OF JURISDICTION

Jurisdiction over the subject matter of the suit

A power to make an order

 Territorial
Or
Local

Original Pecuniary
& KINDS Or
Appellate Monetary

As to
Subject
matter
ORIGINAL AND APPELLATE
JURISDICTION
Court with original jurisdiction can conduct trial of cases.
Such courts are court of first instance. It entertains and
decides original suits.

Courts with appellate jurisdiction can entertain appeals

from the orders and judgements from lower court.
TERRITORIAL OR LOCAL
JURISDICTION
Civil courts of different grades can entertain suits for different
geographical area.
A court can entertain disputes occurred in their local or territorial
jurisdiction. Local jurisdiction is fixed or altered by the state.
A district court has jurisdiction over the district, a high court has
jurisdiction over the state. Similarly other courts have their local
jurisdiction.
PECUNIARY OR MONETARY
JURISDICTION
Civil courts of different jurisdiction to try suits and hear appeal of
different pecuniary value.
Every suit or appeal has pecuniary value and according to which suit is
to be filed before appropriate court.
A suit is valued on the basis of value of damages, compensation,
property involved or as per Court Fees Act.
A court cannot entertain a suit exceeding its pecuniary jurisdiction
[section 6].
JURISDICTION AS TO SUBJECT
MATTER
The court may have jurisdiction over certain subject matter
of dispute.
Subject matter may be civil disputes, consumer disputes,
co-operative societys dispute, industrial dispute, family
dispute etc.
JURISDICTION OF CIVIL COURT

The court shall have jurisdiction to try all suits of civil nature excepting
suits of which their cognizance expressly or impliedly barred.(section 9)
Whether a suit is of civil nature is the principal question in the suit
relates to the determination of a civil right.
It means, the suit should be for enforcement of rights and obligation of a
person. (Dulabhai v. S; AIR 1969 SC 78)
A dispute about right to property, contract, worship, marriage, election,
damages for wrongful act, specific relief are considered as civil nature.
WHEN COURT SHALL HAVE NO
JURISDICTION
A civil court shall have no jurisdiction when suit is either :

i. Expressly barred or
ii. Impliedly barred
SUIT EXPRESSLY BARRED

When any statute contains provision which bars jurisdiction to

civil court or provides for exclusive jurisdiction to specific
court; then civil court do not have jurisdiction over disputes
covered by such statute. Such exclusion must be clear and
unambiguous.
SUIT IMPLIEDLY BARRED

Jurisdiction to civil court is impliedly barred in two

situations:
i. Barred by general principles of law
ii. Barred on grounds of public policy.
OBJECTION TO JURISDICTION

If a suit is instituted in a court not having jurisdiction, is liable to be

rejected.
Court can reject suit even if such objection/defence is not raised by the
opponent.
The defence of want of jurisdiction can be raised before court of first
instance or in appeal also.
If defendant take objection to jurisdiction of the court, then such court
has to frame preliminary issue as to jurisdiction and record its finding.
EXAMPLES OF SUITS OF CIVIL
NATURE
Suits relating to right to property
Suits relating to right to worship
Suits relating to right to share in offering
Suits for damages for civil wrongs
Suits for specific relief
Suits for rent
Suits for restitution of conjugal rights
Suits for dissolution of partnership
Suits for or on accounts
Suits for damages for breach of contract etc.
EXAMPLE OF SUITS NOT OF
CIVIL NATURE
Suit of declaration of a member of a caste refrained from invitation to a caste
dinner
Suit for expulsion of a member from the caste
Suits involving purely religious rites or ceremonies
Suits for upholding mere dignity or honor
Suits for recovery of voluntary payments of offerings etc.