This document discusses the jurisdiction of civil courts in India according to the Code of Civil Procedure 1908. It defines jurisdiction as the power of a court to hear and determine cases. There are different categories of jurisdiction including civil and criminal, original and appellate, jurisdiction over subject matter, local or territorial, and pecuniary jurisdiction. Civil courts have jurisdiction over civil disputes but not criminal matters. Lower courts have original jurisdiction while higher courts have appellate jurisdiction. Jurisdiction is determined by the legislature and a court cannot hear cases that are expressly or impliedly barred from its jurisdiction.

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Code of Civil Procedure 1908
Jurisdiction of civil courts
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded

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Jurisdiction
• It is power of Court to hear and determine a cause, to adjudicate and
exercise any judicial power in relation to it. It is official power to make
legal decisions and judgments.
• If a dispute is instituted before a Court without jurisdiction is liable to
be rejected. A decree or order passed by Court without jurisdiction is
void.
• Jurisdiction of Court is determined by legislature.

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Categories of jurisdiction
• i. Civil and criminal jurisdiction,
• ii. Original and appellate jurisdiction,
• iii. Jurisdiction over subject matter,
• iv. Local or territorial jurisdiction, and
• v. Pecuniary jurisdiction.

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i. Civil and criminal jurisdiction
• In civil jurisdiction Court is empowered to entertain disputes of civil in
nature.
• Criminal jurisdiction related to with crimes and punishment of
offenders.

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ii. 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 judgments from lower Court.

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iii. Jurisdiction over subject matter
• The Court may have jurisdiction over certain subject matter of dispute.
• Subject matter may be civil disputes, consumer dispute, co-operative
society's dispute, industrial dispute, family dispute etc.

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iv. Local or territorial jurisdiction
• Civil Court 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.

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v. Pecuniary jurisdiction.
• Civil Courts of different grades have 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 suit exceeding its pecuniary
jurisdiction.[ Section 6.]

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Jurisdiction of civil court
• The Courts shall have jurisdiction to try all suits of civil nature
excepting suits of which their cognizance is either expressly or
impliedly barred. (sec. 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.

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When court shall have no jurisdiction
• A civil Court shall have no jurisdiction when suit is either:
• i.Expressly barred or
• ii.Impliedly barred.

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i.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.

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ii.Suit impliedly barred.
• Jurisdiction to civil Court is impliedly barred in two situations:
• i.Barred by general principles of law and
• ii.Barred on grounds of public policy.

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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.

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Thank you.