CLASSIFICATION OF JURISDICTION OF COURTS

Introduction
The CPC does not define the term jurisdiction. In fact, none of the
substantive or procedural laws seeks to define the term jurisdiction.
According to Black's Law Dictionary jurisdiction is defined as A court's
power to decide a case or issue a decree.
Section 9 The Code of Civil Procedure, 1908 grant authority over the civil
courts if two conditions are satisfied

The suit must be of a civil nature; and

The cognizance of such suit should not have been expressly or
impliedly barred

A suit is of a civil nature if the principal question therein relates to a

civil or legal right.
For ex: . suits relating to rights to property; rights of worship; taking out
of religious procession; right to share in offerings and suits for damages
for civil wrongs.
If the principal or only question in the suit is a caste question or a
question relating to religious rites or ceremonies, the suit is not of a civil
nature for it deals not with the rights of the citizen but with matters that
are purely social.(Explanation 1)
suits not of civil naturesuits involving principally caste questions;religious rites or
ceremonies;upholding mere dignity or honor;recovery of voluntary
payments or offerings;expulsions from caste, etc.
A suit relating to a religious office is maintainable whether or not it carries
any fees or whether or not it is attached to a particular place.
( Explanation 2)
Expressly barred, means barred by the any enactment for the time
being in force passed by the Legislature.
Impliedly barred means barred by general principles of law and equity
or on ground of public policy.
In Radha Kishan v/s Ludhiana Municipality it was held that, Under
section 9 of the civil procedure code the court shall have jurisdiction to try
all suits of civil nature excepting suits of which cognizance is either
expressly or impliedly barred.
General principles of jurisdiction

I
II
III

A decree passed by a court without jurisdiction is a nullity and the

validity thereof can be challenged at any stage of the proceedings
Whenever the jurisdiction of the court is challenged, the court has
inherent jurisdiction to decide the said question
A statute ousting jurisdiction of a court must be strictly construed.

iv Burden of proof of exclusion of jurisdiction of a court is on the party

who asserts it
JURISDICTION..classification
Jurisdiction of civil courts can be divided on twin basis.
1. PECUNIARY/MONETARY
2. TERRITORIAL/AREAWISE CLASSIFICATION
Pecuniary/Monetary
Pecuniary jurisdiction of the court divides the court on a vertical basis.
At present the pecuniary jurisdiction of the Delhi courts is as follows:
1. Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts.
2. Suits over and above Rs. 20,00,000/- lie before High Courts.
i.

It is very important to note that the amount of pecuniary

jurisdiction is different for all High Courts. This limit is decided
by respective High Court Rules.

ii.

In many states High court has no pecuniary jurisdiction. All

civil suits go before District Courts, and only appeal lies
before High Court.

Territorial Jurisdiction
Territorial Jurisdiction divides the courts on a horizontal basis.
DISTRICT COURTS
For example in Delhi, there are three District level courts, viz. Patiala
House, Tis Hazari and Karakardooma. All these courts have nearly same
powers. However, being on a same horizontal line, these courts are
divided territory wise, i.e. area wise. Again for example, cases pertaining
to South Delhi, New Delhi and West Delhi will lie before Patiala House, and
North Delhi cases will lie before Tis Hazari, and cases pertaining to East
Delhi will lie before Karakardooma.
HIGH COURT
Similarly High Court of two different states, say Delhi, and Punjab may
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have similar powers in their respective states, but are divided on the
basis of area. Cases pertaining to Delhi will lie before Delhi High court and
cases pertaining to Punjab will lie before Punjab High Court.
How is Territory Decided
Territory of a court is decided after taking into account several factors.
They are
1. IN CASE OF IMMOVABLE PROPERTY: If the suit is with regard to
recovery, rent, partition, sale, redemption, determination of right of
immovable property, it shall be instituted in the court within the
local limits of whose jurisdiction the property is situated.

2. IMMOVABLE
PROPERTY
SITUATED
WITHIN
THE
JURISDICTIONOF DIFFERENT COURTS: In such a case the suit
may be instituted in any court within the local limits of whose
jurisdiction any portion of the property is situated.
3. IN CASE OF DISPUTE BETWEEN TWO OR MORE PERSONS
WITH RESPECT TO MOVABLE PROPERTY, BUSINESS OR ANY
OTHER WRONG DONE: Where a wrong has been caused to a
person, or any damage has been caused to a movable property,
then the suit may be instituted either,
i.

In the place, where wrong or damage has been caused, or

ii.

In the place, where defendant (the person who caused the

loss) resides.

Where there is a dispute in business, agreement or any other kind of civil

dispute, except matrimonial matter, then the suit may be instituted
either,
i.

In a place, where the defendant resides, or carries on

business, or

ii.

In a place, where the cause of action has arisen, i.e. where

the dispute or wrong took place

4. IN CASE OF MATRIMONIAL DISPUTE:

Where a dispute arises between Husband and wife inregard to their
marital life then the case may be filed either:
i.

In the place where marriage was solemnized, or;

ii.

In the place, where opposite party is residing, or;

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iii.

In the place, where Husband and Wife lost resided together,

or;

iv.

In the place, where person filing the case is residing, provided

that.

5. Opposite party has not been heard of as alive for the last Seven
years, or

6. Opposite party resides outside the jurisdiction of Hindu Marriage Act

1955.

TYPES OF JURISDICTION
Jurisdiction of a Court may be classified under the following categories
Civil and Criminal Jurisdiction: Civil jurisdiction is that which concerns
and deals with disputes of civil nature. Criminal Jurisdiction on the other
hand relates to crimes and punishments of offenders, etc.
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. For example, a learned District Judge
has to exercise jurisdiction within his district. Again, a court has no
jurisdiction to try a suit for immoveable property situated beyond its local
limits.
Pecuniary jurisdiction: The Civil Procedure Code, 1908 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 for
example,in West Bengal Courts of civil judge junior division have limited
pecuniary jurisdiction but courts of civil judge senior division have
unlimited pecuniary jurisdiction.
Jurisdiction as to subject-matter: Different courts have been
empowered to decide different types of suits. Certain courts are precluded
from entertaining certain suits. For example, a Presidency Small Causes
Court has no jurisdiction to try suits for partition of immoveable property,
while only the District Judge or Civil Judge (Senior Division) can hear suits
in respect of testamentary matters.

Original and appellate jurisdiction: Original jurisdiction is inherent in

or conferred upon, a court of first instance. In the exercise of that
jurisdiction, a court of first instance decides suits, petitions or
applications. Appellate jurisdiction is the power or authority conferred
upon a superior court to re-hear by way of appeal, revision, etc., of causes
which have been tried by courts of original jurisdiction.
Municipal or foreign jurisdiction: Municipal or domestic jurisdiction is a
jurisdiction exercised by municipal courts i.e., courts in a country. Foreign
jurisdiction means jurisdiction exercised by a court in a foreign country. A
judgment rendered or decision given by a foreign court is a foreign
judgment.