Jurisdiction of Civil Courts: An Overview
Written by Suhani Dutta
Table of Contents
Introduction
Civil courts are the judicial bodies that have the authority to hear and decide cases related to civil disputes. The jurisdiction of civil courts in India is determined by the Civil Procedure Code (CPC), which lays down the procedures for the conduct of civil cases.
The jurisdiction of civil courts is divided into two categories: territorial jurisdiction and pecuniary jurisdiction. Territorial jurisdiction refers to the area over which a court has jurisdiction, while pecuniary jurisdiction refers to the value of the claim that can be decided by a court.
Types of Civil Courts
In India, there are various types of civil courts, each with its own jurisdiction. They are:
- District Courts: District Courts are the primary civil courts in India. They have jurisdiction over cases that arise within the territorial limits of a district. They are presided over by a District Judge, who is assisted by Additional District Judges and Assistant District Judges.
- High Courts: High Courts are the superior civil courts in India. They have jurisdiction over cases that are appealed from the lower courts. They also have original jurisdiction in certain cases, such as cases involving public interest, election disputes, and cases between states. Each state has its own High Court, and the Chief Justice of each High Court is appointed by the President of India.
- Civil Courts of Small Causes: Civil Courts of Small Causes have limited jurisdiction and can only hear cases where the claim is less than Rs. 25,000. They are meant to provide speedy and inexpensive justice in small claims.
- Family Courts: Family Courts have jurisdiction over matters related to marriage, divorce, and maintenance. They were established to provide a specialized forum for family disputes and are presided over by a judge who has expertise in family law.
- Consumer Courts: Consumer Courts have jurisdiction over disputes between consumers and service providers. They were established to provide an effective and speedy resolution of consumer grievances. They have the power to award compensation and damages to consumers.
Jurisdiction of Civil Courts
The jurisdiction of civil courts is determined by the Civil Procedure Code (CPC). The CPC defines the jurisdiction of civil courts based on the nature of the dispute, the value of the claim, and the territorial limits of the court.
- Nature of the Dispute: The nature of the dispute is one of the most important factors in determining the jurisdiction of civil courts. Different courts have jurisdiction over different types of cases. For example, family courts have jurisdiction over matters related to marriage and divorce, while consumer courts have jurisdiction over disputes between consumers and service providers.
- Value of the Claim: The value of the claim is another important factor in determining the jurisdiction of civil courts. Different courts have jurisdiction over different values of claims. For example, Civil Courts of Small Causes have jurisdiction over claims up to Rs. 25,000, while District Courts have jurisdiction over claims exceeding Rs. 25,000.
- Territorial Limits: The territorial limits of a court refer to the area over which it has jurisdiction. The territorial jurisdiction of a court is determined by the location of the parties involved in the dispute or the location where the cause of action arose. For example, the District Court has jurisdiction over cases that arise within the territorial limits of a district.
Some Relevant Sections
- Section 9 of the Civil Procedure Code (CPC) gives the civil court jurisdiction to try all civil suits of a civil nature except for suits which are expressly or impliedly barred.
- Section 16 of the CPC lays down the rule for the place of suing, and provides that a suit can be instituted in a court within whose jurisdiction the cause of action has arisen, or where the defendant resides or carries on business, or where the property in dispute is situated.
- Section 20 of the CPC deals with the jurisdiction of the court where the defendant resides or carries on business. It states that a suit can be filed in a court where the defendant resides or carries on business, or where the cause of action wholly or in part arises.
- Section 21 of the CPC talks about the objection to the jurisdiction of the court. It states that if a defendant objects to the jurisdiction of a court, then such an objection must be raised before the hearing of the suit begins.
- Section 24 of the CPC provides for the transfer of a suit from one court to another. This section empowers the higher court to transfer any suit from a subordinate court to any other subordinate court or to itself for trial.
- Section 25 of the CPC lays down the rule for institution of a suit when the jurisdiction of the court is uncertain. It provides that where it is uncertain which of several courts has jurisdiction to try a suit, the plaintiff may institute the suit in any one of such courts, and the defendant, if he thinks fit, can apply to have the suit transferred to the proper court.
- Section 35 of the CPC deals with the jurisdiction of the court to entertain a suit where a question of foreign law is involved. It provides that the court shall apply the law of the foreign country, but if it is uncertain or not proved, then the court shall apply the law of India which would have applied if the matter had arisen in India.
- Section 36 of the CPC provides for the jurisdiction of the court to entertain a suit where the subject matter of the suit is immovable property situated outside India. It states that the court within whose jurisdiction the immovable property is situated shall have jurisdiction to try such a suit.
These are some of the important sections related to the jurisdiction of civil courts in India.
Conclusion
In conclusion, the jurisdiction of civil courts in India is based on the nature of the dispute, the value of the claim, and the territorial limits of the court. Different types of civil courts have different jurisdictions, and it is important to understand the jurisdiction of each court before filing a case. The Civil Procedure Code lays down the procedures for the conduct of civil cases and provides guidelines for determining the jurisdiction of civil courts.