CPC

Jurisdiction of Civil Courts

Lecture No.- 02

By- ISRAA MA’AM

Topics to be Covered

Topic jurisdiction of Civil Courts

 Deemed Decree :
The term "deemed" is generally used to create a statutory fiction for the purpose of
extending the meaning which it does not expressly cover. Whenever the legislature
uses the word 'deemed' in any statute in relation to a person or thing, it implies that the
legislature, after due consideration, conferred a particular status on a particular person
or thing. When a person is "deemed to be" something, the only possible meaning is that
whereas he is not in reality that something, the Act of the Legislature requires him to
be treated as if he is real for the purpose of the said Act and not otherwise.
 Decree & Deemed Decree :
An adjudication which does not fulfill the requirements of Section 2 (2) of the Code
cannot be said to be "decree".
By a legal fiction certain orders and determinations are deemed to be decree such as
rejection of a plaint, determination of questions under Section 144 (Restitution).
Similarly, adjudications under Order 21, Rule 58 , as also Order 21 , Rule 98 or 100 are
deemed decrees.
 Decisions which are Decrees: Illustrations
(i) Order of abatement of suits;
(ii) Dismissal of appeal as time barred;
(iii) Dismissal of suit or appeal for want of evidence or proof;
(iv) Rejection of plaint for nonpayment of court fees;
(v) Order holding appeal not maintainable;
(vi) Order holding that right to sue does not survive;
(vii) Order holding that there is no cause of action.
 Difference between Preliminary Decree and Final Decree
Preliminary Decree Final Decree
1. It does not dispose of the suit and 1. It dispose of the suit finally.
further proceedings are necessary to
dispose of the suit finally.
2. Only some or one of the 2. Rights & liabilities are finally
controversial matters are disposed of. adjudicated.
3. It ascertains what is to be done. 3. It states the result of Preliminary
decree.
4. It is independent. 4. It is dependent on the Preliminary
decree & subordinate to Preliminary
decree.
II. Judgment Sec. 2(9)
'Judgment' means the statement given by the judge on the grounds of a decree
or order.
Every judgment other than the decision of court of small causes should
contain -
(i) a concise statement of the case;
(ii) the point for determination;
(iii) the decision thereon;
(iv) and the reason for such decision.
a judgment contemplates a stage prior to the passing of a decree or an order,
and, after the pronouncement of the judgment, a decree shall follow.
III. Order-Sec. 2(14) : 'Order' means the formal expression of any
decision of a Civil Court which is not a decree.
In State Vs. Bhugawan, 1956, the Allahabad High Court noted that the
word “order” in Sec.2(14) is used in distinction to decree and must be
distinguished from "judgment" which is separately defined in CPC to
mean a statement of reason.
 Topic: DIFFERENCE BETWEEN ORDER, DECREE AND JUDGMENT

DECREE ORDER
(i) A decree can only be passed in a suit (i) An order may originate from a suit by
which commenced by presentation of a presentation of a plaint or may arise from a
plaint. proceeding commenced by a petition or an
application.
(ii) A decree is an adjudication conclusively (ii) An order, on the other hand may or may
determining the rights of the parties with not finally determine such rights.
regard to all or any of the matters in
controversy.
(iii) A decree may be preliminary or final, (iii) There cannot be a preliminary order.
or partly preliminary and partly final.
(iv) Except in certain suits, where two (iv) In the case of a suit or proceeding, a
decrees, one preliminary and the other final number of orders may be passed.
are passed, in every suit there can be only
one decree.
(v) Every decree is appealable, unless (v) Every order is not appealable. Only
otherwise expressly provided [Sec. 96(3)]. those orders are appealable which are
specified in the Code. [Sec.104 and Order
43 Rule 1]
(vi) A second Appeal lies to the High Court (vi) No second appeal lies in case of
on certain grounds from the decree passed appealable orders.
in First Appeal. First appeal.
(v) A decree is defined is S.2(2). (vii) An order is defined in section 2 (14).
 Topic: SOME OTHER IMPORTANT DEFINITIONS

Sec. 2(3) "Decree-holder" means any person in whose favour a decree has
been passed or an order capable of execution has been made.
Sec. 2(4) "District" means the local limits of the jurisdiction of a principal
Civil Court of original jurisdiction (hereinafter called a "District Court"),
and includes the local limits of the ordinary original civil jurisdiction of a
High Court;
Sec. 2(6) "Foreign Judgment" means the judgment of a foreign Court;
Sec. 2(7) "Government Pleader" includes any officer appointed by the
State Government to perform all or any of the functions expressly imposed
by this Code on the Government Pleader and also any pleader acting under
the directions of the Government Pleader;
Sec. 2(8) "Judge" means the presiding officer of a Civil Court;
Sec. 2(10) "Judgment-debtor" means any person against whom a decree
has been passed or an order capable of execution has been made;

Sec. 2 (11) "Legal Representative" means a person who in

• law represents the estate of a deceased person, and
• includes any person who intermeddles with the estate of the deceased
• and where a party sues or is sued in a representative character the
person on whom the estate devolves on the death of the party so suing
or sued.
Sec. 2(12) “Mesne Profits” of property means those profits which the
person in wrongful possession of such property actually received or might
with ordinary diligence have received therefrom, together with interest on
such profits, but shall not include profits due to improvements made by the
person in wrongful possession;

The true measure of mesne profits is not what the plaintiff has lost, but
what the defendant has gained by his wrongful possession, or what he
might reasonably have gained by such possession.
Thus, if the person charged has let the land to another, the rent which he
has actually received would be the measure of profits for which he would
be liable, unless it is proved that a higher rent could have been obtained
with due diligence.
So, in one case Harry Kempsan Gray vs. Bhagu mian, 1930 P.C. ;
when the person in wrongful possession planted indigo on the land, and it
was proved that a prudent agriculturist would have grown sugarcane,
wheat or tobacco on such land, the Privy Council held that mesne profits
should be ascertained on the basis of these more profitable crops.

Mesne profits are in the nature of damages, and therefore, the right to sue
for mesne profits is actually a right to sue for damages. Therefore such a
right cannot be attached and sold in execution of a decree again to the
person who is entitled to such right.
 Sec. 2(17) "public officer/servant" means a person falling under any of the
following description, namely:
(a) every Judge; (f) every officer of the Government whose duty it is, as such
(b) every member of an All-India Service; officer, to prevent offences, to give information of offences, to
(c) every commissioned or gazetted officer in the military, bring offenders to justice, or to protect the public health, safety
naval or air forces of the Union while serving under the or convenience;
Government;

(d) every officer of a Court of justice whose duty it is, as such (g) every officer whose duty it is, as such officer, to take,
officer, to investigate or report on any matter of law or fact, or receive, keep or expend any property on behalf of the
to make authenticate or keep any document, or to take charge Government, or to make any survey, assessment or contract on
or dispose of any property, or to execute any judicial process, behalf of the Government, or to execute any revenue process,
or to administer any oath, or to interpret, or to preserve order, or to investigate, or to report on, any matter affecting the
in the Court, and every person especially authorized by a Court pecuniary interests of the Government, or to make,
of Justice to perform any of such duties; authenticate or keep any document relating to the pecuniary
interests of the Government, or to prevent the infraction of any
law for the protection of the pecuniary interest of the
Government; and

(e) every person who holds any office by virtue of which he is (h) every officer in the service or pay of the Government, or
empowered to place or keep any person in confinement; remunerated by fee or commission for the performance of any
public duty.
Sec. 2(18) "Rules" means rules and forms contained in the First Schedule
or ma under section 122 or section 125.

Sec. 2(20) "signed" save in the case of a judgment or decree, includes

stamped.
 Topic: SEC. 3 - SUBORDINATION OF COURTS

Section 3: defines and provides what are subordinate courts for the purpose of the Civil
Procedure Code to the High Court or District Court.
Every Civil court is inferior to a District Court and every small causes court is subordinate
to both the High Court & the District court.
Civil court inferior to a District Court is the Small Causes Court.
It is a well-established principle of law that when there are different rulings of different
High Courts on the same point of law, a subordinate Judge should follow the decision of
the High Court to which he is subordinate, unless that decision has been overruled by a Full
Bench of that High Court or the Supreme Court.
Art. 141 of the Constitution enacts that the law declared by the Supreme Court shall be
binding on all courts in India.
The Supreme Court itself is not bound by the decisions of the Privy Council or the House
of Lords. It is also free to reconsider its own decisions.
 Topic: SEC. 5 APPLICATION OF THE CODE TO REVENUE COURTS

It is provided that where any Revenue Courts are governed by the Code, in
those procedural matters in which any Special Act applicable to them is
silent, the State Government may declare that any portion of these provisions
which are not expressly made applicable by the Code shall not apply to
Revenue Courts, or that they shall apply to such courts only with such
conditions as the State Government may prescribe.

Clause (2) of the sections define "Revenue Court" as any court having
jurisdiction under any local law to entertain suits and other proceedings
relating to the rent, revenue or profits of land used for agricultural purposes.
 Topic: DEFINITION OF JURISDICTION
Jurisdiction can be defined as the power or authority of a Court to hear and
determine a cause,

to adjudicate and exercise any judicial power in relation to it.

It is the extent of the authority of a Court to administer justice prescribed

with reference to the subject matter, pecuniary value and local limits.
 Topic: KINDS OF JURISDICTION

Jurisdiction of a Court may be classified under the following categories

• Every Court has its own local or territorial limits

beyond which it cannot exercise its jurisdiction.
1. Territorial or • These limits are fixed by the Government.
local jurisdiction: • The District Judge has to exercise jurisdiction within
his district and not outside it.
• The High Court has jurisdiction over the territory of a
State within which it is situated and not beyond it.
• A court has no jurisdiction to try a suit for
immovable property situated beyond its local limits.
(ii)Pecuniary jurisdiction (section 6):

The Code 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.
 Topic: SEC. 6 - PECUNIARY JURISDICTION

Under this section, a court is entitled to exercise jurisdiction over suits the value of whose
subject matter is within the pecuniary limits of its ordinary jurisdiction. This limit varies
from state to state.
Sec. 6 applies only to suits.
The procedure provided in the Code for suits is not applicable to execution proceeding.
Subject matter of the suit in respect of house property-
The market value of house is the subject matter and not the house itself. The expression
'subject matter' means not the property involved in the suit but the relief claimed and it is its
value that determines the jurisdiction.
In S.N. Sahay vs. Dhanpati Kuer,1960: The value of suit for purposes of jurisdiction is
determined by the valuation in the plaint unless by fraud or misrepresentation, plaintiff
deliberately overvalues or undervalues the suit and in the case of deliberate and fraudulent
valuation, it is the true value that will represent value of the suit.
Jurisdiction as to subject matter:

• Different courts have been empowered to decide different types of

suits.
• Certain courts are precluded from entertaining suits of certain other
subject matter.
• Thus, the presidency small causes court has no jurisdiction to try suits
for specific performance of a contract, partition of immovable property,
foreclosure or redemption of a mortgage, etc.
• Similarly, in respect of testamentary matters, divorce cases, probate
proceedings, insolvency proceedings, etc, only the District judge or
civil judge (senior division) has jurisdiction.
Original and appellate jurisdiction:

• In the exercise of original jurisdiction, a court entertains and decides

suits and in its appellate jurisdiction, it entertains and decides appeals.
• Munif’s courts, courts of civil judge and small causes courts possess
original jurisdiction only;
• While District courts and High Courts to try have original as well as
appellate jurisdiction.
Sec. 9 of the C.P.C. provides that the court shall try all civil suits unless expressly or
impliedly barred. Two conditions are require to be fulfilled before a civil court can be
said to be competent to try a suits-
1. the suits must be of civil nature.
2. the cognizance of such suits should not have been expressly or impliedly barred.

State of Andhra Pradesh vs. Manjeti Laxmi Kantha Rao 2000 SC:
Under Sec. 9 of the C.P.C. exclusion is not easily inferred and the presumption to be
drawn must be in favour of inclusion(courts should try) rather than exclusion of
jurisdiction of the Civil Courts to try civil suit.
The test adopted in examining such a question is:
1. Whether the legislative intent to exclude arises explicitly or by necessary
implications. And
2. Whether the statute in question provides for adequate and satisfactory alternative
remedy to a party aggrieved by an order made under it.
 Topic: SUIT OF CIVIL NATURE
• A suit is of civil nature if the principal question in the suit relates to the determination of
a civil right.
• It is not the status of the parties to the suit but the subject-matter of it which determines
whether the suit is of a civil nature or not.
• The expression suit of Civil Nature will cover private rights and obligations.
• Political, social and religious questions are not covered by that expression.
• A suit in which principal question relates to caste or religion is not a suit of a civil nature.
• But if the principal question in the suit is of a civil nature (the right to property or to an
office) and the adjudication incidentally involves the determination relating to a caste
question or to religious rights and ceremonies, it does not cease to be a suit of civil
nature.
• Sec. 9 confers power upon the Civil Courts jurisdiction to try suits of civil nature, the
power is restricted only to suits and/or disputes of civil nature.
What is a suit of civil nature?
The word civil has not been defined in the Code, it simply means pertaining
to private rights and remedies of a citizen.
In Black's Legal Dictionary it is defined as "relating to providing rights and
remedies sought by civil actions as contrasted with criminal proceedings".
It ordinarily means a suit in which any valuable right of the parties is sought
to be enforced.
For determining whether a suit is a suit of civil nature or not, it is not the
status of the parties to the suit but the subject matter of the suit which is a
relevant factor. Again, it is well settled principle that in deciding the question
of jurisdiction, what is of relevance is the substance of the matter and not the
form.
Suits of civil nature:
Following have been held to be Suits of Civil nature:
1. Suits for damages for civil wrongs and for breach of contract.
2. Suits for a specific relief.
3. Suits for dissolution of marriage.
4. Suits for conjugal rights.
8. Suits relating to rights to share in offerings.
6. Suits in respect of right to property.
7. Suits for right of worship.
In a case, the Supreme Court considered that a suit claiming a right
of worship is of a civil nature and the nature of enquiry that a Court shall
make in such a suit is also civil.
Hukumchand vs. Mahraj Bahadur, AIR 1933 PC.
8. Suits relating to taking out of religious procession.
9. Suits for rent.
10. Suits for or of accounts etc.

Suits not of Civil nature - The following are suits not of a civil nature.
1. Suits involving principally caste questions.
2. Suits involving purely religious rites or ceremonies.
3. Suits for upholding mere dignity or honour.
4. Suits for recovery of voluntary payments or offerings
5. Suits against expulsions from caste etc.
Religious Questions
The Supreme Court gave an answer to the religious question. It said "ex-
communication in religious order and that of a spiritual head entails serious
consequences both religious and civil. One of the effects of such action is that
the person concerned is deprived of the right of worship. Under our
Constitution, it is a fundamental right. Any interference with it or its
deprivation can be challenged in a court of law.
Broadly speaking, if the proceedings taken establish or negative a man's
office or status or would affect his right to property of any kind, it will be a
civil proceeding. If a suit involves a political question or a purely religious
question or a question relating to caste, it is not a suit of civil nature.
Caste Questions
When a person is expelled from the caste, it involves his legal right and he
can move to a Court for a declaration that he should be readmitted to the
caste and that he is also entitled to damages on account of expulsion from
the caste.

The right to remain in the community or to exercise the rights and

privileges of the member of the community is a civil one.
The suit would lie as a suit of civil nature.
A civil suit would not lie when a person is deprived of a social privilege,
such as exclusion from a caste dinner, right to assistance in removal of a
dead body, contribution of fund on marriage occasions etc.
 Topic: SUIT EXPRESSLY OR IMPLIEDLY BARRED
1. Suits expressly barred:
A suit is said to be "expressly barred" when it is barred by an enactment for
the time being in force.
It is open to a competent legislature to bar jurisdiction of civil courts with
respect to a particular class of suits of a civil nature, provided that, in doing
so, it keeps itself within the field of legislation conferred on it and does not
contravene any provision of the Constitution.
Matters falling within the exclusive jurisdiction of Revenue Courts or
under the Code of Criminal Procedure or matters dealt with by special
tribunals under the relevant statutes,
e.g. by Industrial Tribunal, Election Tribunal, Revenue Tribunal, Rent
Tribunal, Cooperative Tribunal, Income Tax Tribunal, Motor Accidents
Claims Tribunal, etc. or by Domestic Tribunals, e.g. Bar Council, Medical
Council, University, Club, etc. are expressly barred from the cognizance of
a civil court.

But if the remedy provided by a statute is not adequate and all questions
cannot be decided by a special tribunal, the jurisdiction of a civil court is
not barred.
In Noor Mohd. Khan vs. Fakirappa, 1978 SC, a question arose during the
pendency of the suit whether by the final allotment of the land, the
respondent had ceased to be a tenant in view of Sec. 52 of TPA.
The majority view held that this matter falls exclusively within the
jurisdiction of the revenue authorities and the Civil Court had no
jurisdiction to decide it.

Gundaji vs. Ramchandra, 1979 SC -In this case, the issue was where in a
suit for specific performance an issue arises whether the plaintiff is an
agriculturist or not, would the Civil Court have jurisdiction to have
transferred the issue under Sec. 85 -A of Tenancy Act to the authority
constituted under the Act viz Mamlatdar.
In Dhulabhai vs. State of M.P. 1969 SC, after considering a number of
cases, Hidyatullah, C.J. summarized the following seven principles
relating to the exclusion of jurisdiction of civil courts:
(a) Where a statute gives finality to orders of special (d) When a provision is already declared unconstitutional
tribunals, the civil court's jurisdiction must be held to be or the constitutionality of any provision is to be challenged,
excluded if there is adequate remedy to do what the civil a suit is open. A writ of certiorari may include a direction
courts would normally do in a suit. Such a provision, for refund if the claim is clearly within the time prescribed
however, does not exclude those cases where the provisions by the Limitation Act but it is not a compulsory remedy to
of a particular Act have not been complied with or the replace a suit.
statutory tribunal has not acted in conformity with
fundamental principles of judicial procedure.

(b) Where there is an express bar of jurisdiction of a Court, (e) Where the particular Act contains no machinery for
an examination of the scheme of a particular Act to find the refund of tax collected in excess of constitutional limits or is
adequacy or sufficiency of the remedies provided may be illegally collected, a suit lies.
relevant but this is not decisive for sustaining the (f) Questions of the correctness of an assessment, apart
jurisdiction of a civil court, it is necessary to see if a statute from its constitutionality, are for the decision of the
creates a special right or a liability and provides for the authority and a civil suit does not lie if the orders of the
determination of the right or liability. authorities are declared to be final or there is an express
prohibition in a particular Act. In either case, the scheme of
a particular Act must be examined because it is a relevant
enquiry.

(c) Challenge to the provisions of a particular Act as ultra (g) An exclusion of jurisdiction of a civil court is not readily
vires cannot be brought before tribunals constituted under to be inferred unless the conditions above apply.
that Act. Even the High Court cannot go into that question
on a revision or reference from decisions of tribunals.
2. Suits impliedly barred:
A suit is said to be impliedly barred when it is barred by general principles of
law.
In Jitendra Nath vs. Empire India and Ceylone Tea Co. 1990 SC,
it was held that where a specific remedy is given by a statute, it thereby
deprives the person of the remedy who insists upon a remedy of any other
form than given by the statute.
Where an Act creates an obligation and enforces its performance in a
specified manner, that performance cannot be enforced in any other manner.
 From various decisions of the Supreme Court, the following general principles
relating to jurisdiction of a Civil Court emerge:
(1) A civil court has jurisdiction to try all suits of a civil (6) Jurisdiction of a court depends upon the avertments
nature unless their cognizance is barred either expressly made in a plaint and not upon the defence in a written
or impliedly. statement.

(2) Consent can neither confer nor take away (7) For deciding jurisdiction of a court, the substance of
jurisdiction of a court. a matter and not its form is important.

(3) A decree passed by a court without jurisdiction is a (8) Every presumption should be made in favour of
nullity and the validity thereof can be challenged at any jurisdiction of a civil court.
stage of the proceedings, in execution proceedings or
even in collateral proceedings.

(4) There is a distinction between want of jurisdiction (9) A statute ousting jurisdiction of a court must be
and irregular exercise thereof. strictly construed.

(5) Every court has inherent power to decide the

question of its own jurisdiction.
Question

#Q4. The code of Civil procedure (Amendment) Act, 2002, came into
force on:

A. 01.07.2002
B. 01.04.2002
C. 01.01.2002
D. 01.06.2002
Question

#Q5. 'Decree holder' means any person in whose favour a decree has been
passed or an order capable of executing has been made. This definition of
the term 'decree holder' is mentioned under:

A. Section-2(2), C.P.C.
B. Section-2(3), C.P.C.
C. Section-2(4), C.P.C.
D. Section-2(d), C.P.C.
Question

#Q6. Which of the following determinations does not come under the
definition of "decree"?

A. An adjudication which conclusively determines the right of the parties

with regard to some of the matters in issue before the court
B. Rejection of a plaint
C. Determination of any question under Section-144 of the Code of Civil
Procedure
D. Dismissal or a suit for default
Question

#Q7. A decree holder:

A. Need not be a party to the suit

B. The terms not confined to plaintiff
C. Both a and b
D. Neither a nor b
Q. In which Section of the Civil Procedure Code provision relating to "Suit of a
Civil nature" has been provided?
[UJS 2010, HJS 2014]

A Section 8

B Section 9

C Section 10

D Section 11
Q. All civil courts have jurisdiction to try
[U.P. CJ 2003]

A All suits of a civil nature

B All suits of civil nature except suits of which their

cognizance is expressly not barred
C All suits of civil nature except suits of which their
cognizance is impliedly not barred
D All suits of civil nature except suits of which their
cognizance is expressly or impliedly barred
Q. Assertion (A): A civil court has jurisdiction to try all suits of civil nature.
Reason (R): The cognizance of a civil suit should be expressly barred.
Select the correct answer using the code given below:
Code:
[U.P. CJ 2018]
A Both (A) and (R) are true and (R) is the correct
explanation of (A)

B Both (A) and (R) are true and (R) is not the correct
explanation of (A)

C (A) is true, but (R) is false

D (A) is false, but (R) is true

Q. Which one of the following is not a suit of civil nature?
[UJS 2012]

A Suits relating to right of worship

B Suits relating to partnership

C Suits relating to common law

rights
D Suits relating to political
questions
Q. Which one of the following is NOT a suit of civil nature?
[UJS 2013, HADA 2016]

A Suit relating to rights of worship

B Suit involving purely religious

rights
C Suit for rent

D Suit for rights to hereditary office

Q. Which of the following is not a suit of civil nature?
[H.P.JS 2013, M.P.APO 2009]

A Suit relating to right of worship

B Suit relating to taking out of religious procession

C Suit against expulsions from caste

D Suit for right to hereditary office

Q. Under C.P.C. find the incorrect match of the following:
[UJS 2014]

A Revenue Courts Section 5

B Provincial Small Causes Courts Section 7

C Pecuniary Jurisdiction of Courts Section 9

D Presidency Small Causes Courts-Section 8

Q. Which one of the following is not suit of Civil Nature?
[U.P. CJ 2015, JCJ 2000]

A Suits for rights to hereditary offices.

B Suits for rights of franchise

C Suits for recovery of voluntary payments of

offerings.
D Suits relating to right of worship.
Q. Which of the following in not a suit of civil nature
[M.P. HJS 2010, UJS 2002]

A A suit in which right to property is

contested
B A suit to which right to an office is
contested
C A suit by member of a caste for his
exclusion from the invitation to the caste
dinner
A suit by member of a caste for his
D
expulsion from the caste.
SUBJECTIVE QUESTIONS
1.
a) An order rejecting a plaint under Order VII Rule 11 of CPC is not an adjudication of the
matter in dispute. Is it a decree?
b) What is meant by 'mesne profits'. [DJS 2005, RJS 1994]

2. Who is a legal representative. Give examples of legal representative.

3. What are the factors that determine the jurisdiction of civil courts under Section 9 CPC?
4. Can the jurisdiction of civil courts be determined solely based on the value of the subject
matter involved in the suit?
5. How does Section 9 CPC address the territorial jurisdiction of civil courts?
6. Can the jurisdiction of civil courts be challenged by the defendant? If so, what is the
procedure for doing so?
7. Are there any specific circumstances where the jurisdiction of civil courts can be declined
even if the subject matter falls under their general jurisdiction?