Types of suits

There is no particular definition given as to which suit is to be classified as a suit of

civil nature. But now it is a well settled fact from the judicial precedents that a suit
which isn’t criminal in nature is a civil suit. Thus, any suit which is not criminal in
nature could be classified as a civil action.[9] As mentioned in the Section 9 right to
office or right to property are suits of civil nature unless the dispute is of purely
religious nature.[10]

Hence, the current position regarding the jurisdiction of Civil Courts is that they
have inherent jurisdiction to hear into the civil natters unless it is expressly or
impliedly excluded by a statute.[11] In a landmark decision in the case Rajasthan
SRTC and Ors. V. Mohan Singh the honourable Supreme Court has also laid down
that the burden of proof for the exclusion of jurisdiction is vested on the party
contending it.[12]

Following are some of the examples of the civil suits: –[13]

 Suits relating to rights to property.

 Suits relating to rights of worship.
 Suits relating to rents.
 Suits relating to restitution of conjugal rights

Factors affecting Jurisdiction

Pecuniary Jurisdiction: Pecuniary literally means ‘related to money’. Pecuniary

jurisdiction sets the pecuniary limits on the jurisdiction of a court.[18] Every court
is deemed to have a certain monetary limit of which it can entertain cases and decide.
This is mainly done to avoid over-burdening of cases in some courts. However, it
should be noted here that pecuniary limit does not imply that the higher courts cannot
hear or entertain cases of lower monetary value. Districts courts, High courts etc. are
given certain monetary limit and can entertain cases the valuation of which falls
within their pecuniary jurisdiction. With changing time and scenario, the threshold
pecuniary limits may also be changed. In the month of May 2018 an ordinance to
widen the pecuniary jurisdiction of commercial courts was notified.[19]

Territorial Jurisdiction: Jurisdiction is the circle or area in which a party has power
to do something. Jurisdiction of a court or a statute means the areas in which that
court or statute can act or make effect.[20]Territorial jurisdiction is the territorial
limit in which the law is applicable or the court has power to decide upon. Thus, the
district court doesn’t have the power to adjudicate its power beyond a particular
district. The High Court has jurisdiction over the whole state and the apex court can
entertain any suite in the territory of India.

According to section 15 suit is to be instituted before the Court of lowest grade. By

virtue of Section 16 suit in respect of immovable property may be instituted before
the court within whose territorial jurisdiction the property is situate. For such suits,
place where cause of action arises or where defendant resides etc. is wholly
irrelevant vide Harshad Chiman Lal Modi v. D.L.F. Universal Ltd.[21]

Subject Matter Jurisdiction: Subject matter jurisdiction refers to the nature of the
claim or controversy.[22] This means that certain courts are precluded from
entertaining suits of particular nature. For example, a criminal court cannot deal with
a case related to civil suit. Thus, a small cause court can try only such suits as a suit
for money due on account of an oral loan or under a bond or promissory note, a suit
for price of work done, etc., but it has no jurisdiction to try suits for specific
performance of contracts for a dissolution of partnership. When the court has no
jurisdiction over the subject matter of the suit it cannot decide any question on
merits. It can simply decide the question of jurisdiction and coming to the conclusion
that it had no jurisdiction over the matter had to return the plaint.[23]

Conclusion

It can be concluded from above written context that Section 9 of the Code of Civil
Procedure deals with the question of civil court’s jurisdiction over a matter. Further
different types of jurisdictions such as Pecuniary, Territorial and Subject Matter
Jurisdiction have also been explained. Thus, an overall attempt has been made to
explain the concept of “Inherent Jurisdiction of a Civil Court” as lucidly as possible.