JURISDICTION:

Jurisdiction means the power or authority of the court to determine

the dispute. It is conferred by the law and not by the parties.
There are four kinds of jurisdictions, they are:
1) Territorial jurisdiction
a) res sitoe (real action)
b) Transitory (personal action or personal juris)
2) Pecuniary jurisdiction
3) Jurisdiction as to subject matter (Inherent jurisdiction)
4) Original or Appellate jurisdiction.

Territorial jurisdiction: (secs-16 to 20)

Res sitoe means a thing situated. In case of res sitoe, these actions
arise only in the place where the property is situated. Territorial jurisdiction
means the jurisdiction of a civil court within the local limits where the court
is situated. The suit has to be filed before the court within its local limits
where the subject property is situated. (Sections 16 to 18 CPC define the
same).

In case of res sitoe, the plaintiff has no option to file a suit at any
place except where the subject property is situated. (Sections-16 to 18).

In case of transitory, the plaintiff has option of his own to file suit at
any place of his will.

Section- 16 (a) to (d) CPC comes under the purview of res sitoe, and
whereas 16(e) comes under the transitory jurisdiction because it is
personal action against the property in dispute.

Res sitoe is proprietary action, but transitory is personal action.

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If a suit for compensation for wrong to immovable property, it may

be filed either within the jurisdiction of the civil court where the property
situated or within the jurisdiction where the office of the defendant is
situated or resides or carries on business or works for gain, because
recovering of compensation is a personal action.
Under clause (e) of Section 16 CPC, a suit may be instituted for
recovery of movable property where the property is situated, though it is a
movable property.
Sections-19 to 20 comes under the personal action i.e. transitory
action.
If a suit for recovery of movable property, it is to be filed where the
subject matter is situated under clause (f) of Section 16 CPC.

Pecuniary jurisdiction: (Section –6 CPC & Sections 5 & 16 of A.P. Civil

Courts Act)
Pecuniary jurisdiction is based on the value of the suit. Section 6 of
CPC provides that every court must act within its pecuniary limitation. The
pecuniary jurisdiction of the civil court is as under:
Small Causes:

1) Junior Civil Judge - Up to Rs.4000/-

2) Senior Civil Judge - from Rs.4,001 to 10,000/-

Original suits:

1) Junior Civil Judge - from Rs.10,001 up to Rs.1,00,000/-

2) Senior Civil Judge - from Rs.1,00,000/- up to Rs.10,00,000/-

3) District Court - Above Rs.10,00,000/-.

Appeals:
District Court - Up to Rs.5,00,000/-
High Court - Above Rs.5,00,000/-.
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In the matter of appeals, an appeal is to be filed before the District Court

where the value of the subject matter up to Rs.5.00lakhs, and the value of
the subject matter exceeds Rs.5.00lakhs, it is to be brought before the
High Court.
Inherent jurisdiction: (Jurisdiction as to subject matter):

Inherent jurisdiction means the competence of the court to decide a

case and where it is lacking it is a case of inherent lack of jurisdiction. In other
words, inherent jurisdiction means the power or authority to adjudicate a
particular cause. Section-9 CPC describes the nature of the suits, which a Civil
Court can entertain and adjudicate. Sections 9 and 17 of A.P. Civil Courts Act,
1972 deal with the same.

Original or Appellate jurisdiction:

Some courts have got only Original Jurisdiction and some courts
have got Original and Appellate Jurisdiction. High Court has got only
Appellate Jurisdiction in general. Section 9 and 17 of the A.P. Civil Courts
Act, 1972 specifies the Appellate Jurisdiction.

Bar of Civil Court’s Jurisdiction:

Section 9 of CPC prescribes the jurisdiction of Civil Court, according
to which, the Civil Courts have jurisdiction to try all suits of civil nature and
the cognizance of the court must not be barred either expressly or
impliedly. However, if the principal question relates to the determination of
the Caste or Religion, it is not a suit of civil nature and those questions
have to be determined and decided only by the Constitutional Courts like
High Court and Supreme Court. However, if these matters are ancillary or
incidental issues, then the civil courts have jurisdiction.

If the jurisdiction of the Civil Court is barred by way of any

enactment, it is known as express barring of the jurisdiction. When a
new Act is made which recognizes an existing right and prescribes a special
procedure under that Act, the jurisdiction of a civil court is expressly
barred. For example: Consumer Protection Act.
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If from the very facts of the case, the suit is not maintainable, it is
known as implied barring of the jurisdiction. For example, according to
Section 23 of the Contract Act, the object and consideration of the contract
must be lawful, otherwise, it cannot be enforced by the Courts.
Presumption as to jurisdiction:
When the jurisdiction becomes preliminary issue, the Courts can
proceed with the presumption that they have jurisdiction unless such
jurisdiction is expressly barred by Law as held by the Supreme Court in
Siemens Public Communication Network Ltd, Vs. ITI Ltd, AIR 2002 SC
2308.
Lack of Jurisdiction:
It means that the Court not having jurisdiction to try such matter.
Courts must act within its powers (intra virus). Any decision given by a
Court which has no jurisdiction can be challenged by way of an appeal,
revision and even by a writ. When the Court has jurisdiction and if it is not
properly exercised by the Court, it amounts to irregular exercise of
jurisdiction. The decision given by the Court in such a case is not a nullity.