Annexure-V- Cover Page for Academic Tasks

Course Code: LAW 322 Course Title: Civil Procedure Code

Course Instructor: Bhavyya Sharma Section – L1902

Academic Task No.- 1 Academic Task Title: Assignment

Date of Allotment: 06 September, 2021 Date of submission: 20 Sept, 2021

Student’s Name: Aman Kathuria Student’s Reg. no: 11915048

Evaluation Parameters: (Parameters on which student is to be evaluated- To be mentioned by students as

specified at the time of assigning the task by the instructor)

Learning Outcomes: (Student to write briefly about learnings obtained from the academic tasks)

Evaluator’s comments (For Instructor’s use only)

General Suggestions Best part

Observation for improvement of assignment

Declaration:
I declare that this Assignment is my individual work. I have not copied it from any
other student’s work or from any other source except where due acknowledgement is made
explicitly in the text, nor has any part been written for me by any other person.

Student’s Signature:

Marks Obtained: Maximum Marks: 30

 INTRODUCTION

Civil Court System

India’s judicial system is now one of the oldest in the world. This is part of India's legacy
from Britain after more than 200 years of colonial rule. The framework of the current legal
system is given by the Constitution of India, and the judicial system is also empowered. India
has different levels of justice-different types of courts, each with different powers according
to the level and jurisdiction assigned to them. They form an importance ranking
corresponding to the order of the courts in which they are located. The Supreme Court of
India is in the first place, followed by the Supreme Courts of the various states. The district
judges and second-level magistrates of the district courts and civil law judges (junior
divisions) are as follows.

Hierarchy of Courts in India

India’s judicial system is now one of the oldest in the world. This is part of India's legacy
from Britain after more than 200 years of colonial rule. The framework of the current legal
system is given by the Constitution of India, and the judicial system is also empowered. India
has different levels of justice-different types of courts, each with different powers according
to the level and jurisdiction assigned to them. They form an importance ranking
corresponding to the order of the courts in which they are located. The Supreme Court of
India is in the first place, followed by the Supreme Courts of the various states. The district
judges and second-level magistrates of the district courts and civil law judges (junior
divisions) are as follows.

Civil Courts

Article 233 of the Constitution lays down the appointment of district judges that shall be done
by the Governor of that State in consultation with the High Court. The court of district judge
is the highest civil court in a district, it exercises judicial, administrative powers, and has both
appellate and original jurisdiction. Below the district judge are sub-judge, additional sub-
judge, and munsif courts which are located in sub-divisional and district headquarters.

Civil cases are filed in the munsif’s court and can be appealed to the sub-judge or additional
sub-judge, further appeal lies with the district judge. Section 9 of the Civil Procedure Code,
1908 states the jurisdiction of these courts, which is to try any civil matter except suits of
which their cognizance is either expressly or impliedly barred.
Separate family courts, equal to sub judge are established in the districts to hear family
matters, like divorce etc.

District Court and Additional District Court

The State Government in India has established the District Courts in every district by
considering the number of cases and population in that district. The District Courts of India
are presided by a district judge and these courts administer justice at a district level. These
courts are under administrative and judicial control of the High Court of the State to which
that district belongs. The District and Sessions Judge is the highest Court in each district. The
Governor after consultation with the Chief Justice of the High Court of that State appoints the
judges of the District Court and the eligibility criteria to become a judge of District Court is
at least seven years of practice as an advocate. The District Court is the highest Civil Court in
a district. Civil and Criminal Courts are two types of Courts in every district. Civil Courts
exercise the power of subject matter jurisdiction, territorial Jurisdiction, pecuniary
jurisdiction and appellate jurisdiction.   

Powers of the District Court

1. The District Court hears criminal cases, domestic related cases and civil cases.

2. The district judge in case of criminal cases has the power to give any punishment
including capital punishment.

3. The Chief Judicial Magistrate can deal with the cases which are punishable with
imprisonment for a term up to seven years.

When the District Court exercises its jurisdiction in criminal cases under the Code of
Criminal Procedure, 1973 (CrPC), it is referred as sessions court. The Court is presided by a
judge who is appointed by the High Court of that particular State. Additional Sessions Judges
and Assistant Sessions Judges in this Court can also be appointed by the High Court of that
State. Additional Sessions Judges can be appointed in POCSO cases, electricity cases, NDPS,
FTC etc. The appeal can be filed in the High Court against the decision of the District Court.

Court of Civil Judge (Senior Division)

The Court of Civil Judge of Senior Division comes at the middle of the hierarchy on the civil
side. Civil Judge or Senior Division has the authority to try civil cases of any value. There are
many additional courts of Additional Civil Judge(senior division). These additional courts
have the same jurisdiction as exercised by the principal court of Civil Judge or Senior
Division. A Senior Division or Civil Judge exercises pecuniary jurisdiction without any limit.

Court of Civil Judge (Junior Division)

The Court of Civil Judge of Junior Division is at the lowest level in deciding civil cases. It
has the power to impose any sentence in accordance with the law and it can provide capital
punishment also. Civil Judge of Junior Division can extend its jurisdiction in all the original
suits and proceedings. 

Eligibility to become Civil Judge of Junior Division:

 An applicant must have done LL.B(Bachelor of Laws)/LL.M.(Master of Laws) with

55% from any university which was recognized by the State Government/Central
Government.

 Age limit is 21-35 years and relaxation in age is provided to reserved candidates. 

Court of small causes for metropolitan cities 

Under the Presidency Small Cause Courts Act, 1882, the court of small causes for
metropolitan cities were established in India. This Act empowered the State Government that
it can establish a Court of Small Causes anywhere within its territory. These courts have the
authority to decide small value civil cases only.

Munsiff court or court of sub judge III class

Munsiff court is the lowest court of appeal for civil cases in the district. It has the authority to
try the offence under certain pecuniary limits. Munsiff Magistrate/ Judicial Collector have
control over these courts. 

The territorial jurisdiction of the District Munsiff Court was prescribed by the State
Government. The judge and presiding officer of the District are Munsiff Magistrate who keep
a charge on all the tax inspectors.

Kinds of jurisdiction
 Territorial or local jurisdiction: In this context of territorial or local jurisdiction, the
territorial boundaries of the court’s jurisdiction are clearly delineated and defined. It
cannot exercise any power beyond this geographic/territorial boundary. For example,
if a specific crime occurred in Madhya Pradesh, only the courts in Madhya Pradesh
can hear and decide the case. In addition, Section 16 of the Code of Civil Procedure
interprets local jurisdiction based on the location of the property.

 Pecuniary jurisdiction: Pecuniary means ‘related to capital.’ It approaches the

question of whether the court is competent to try the case of the financial value. The
code allows analysing the case unless the suit’s value exceeds the financial limit of
the court. Section 15 of the Code of Civil Procedure commands the organisation of
the suit in the court of the low grade. It refers to pecuniary jurisdiction of Civil court.
It is a course of the method and it does not affect the jurisdiction of the court.

 Jurisdiction as to the subject matter: The subject matter can be defined as the
authority vested in a court to understand and try cases concerning a special type of
subject matter. In other words, it means that some courts are banned from hearing
cases of a certain nature. No question of choices can be decided by the court which do
not have subject matter jurisdiction.

 Original and appellate jurisdiction: Appellate jurisdiction refers to the court’s

authority to review or rehearsal the cases that have been already decided in the lower
courts. In the Indian circumstances, both the High Court and Supreme Court have the
appellate jurisdiction to take the subjects that are bought in the form of appeals.

Original Jurisdiction refers to the court’s authority to take notice of cases that could
be decided in these courts in the first instance itself. Unlike appellate jurisdiction
wherein courts review the previously decided matter, here the cases are heard afresh.

 Legal and equitable jurisdiction: Equitable jurisdiction belongs to the authorities of

the courts to take specific actions and pass some orders in order to deliver an
equitable and reasonable outcome. These judgments are usually outside the purview
of law, in the sense that support provided by the courts may not be necessarily
confirmed by the statue.
 Civil Courts of Delhi

Delhi is divided into Six Judicial Districts and each district has a District Court. These courts
strive to provide access and services to all Court Users in a Fair, Consistent and Timely
Manner. They are committed to resolving civil, family, criminal and other matters fairly and
efficiently, in accordance with law. They are also responsible for effectively allocating
resources to implement the mandates of the Legislature, Supreme Court of India and Delhi
High Court. The Various District Courts of Delhi are –

About Karkardooma Court Complex

Karkardooma Courts Complex is in East Delhi near Anand Vihar & Suraj Mal Vihar. It was
inaugurated on 15-05-1993 and these courts were earlier functioning at Shahdra Railway
Station. The Criminal Courts for East and North-East Districts are functioning from
Karkardooma Court Complex. Four courts of civil judges, one Matrimonial court, two Motor
Accident Claims Tribunals and all the Labour Courts/Industrial Tribunals are situated here.

Tis Hazari Courts Complex

Tis Hazari Courts Complex is situated between Mori Gate and St. Stephen’s Hospital (Near
ISBT, Kashmere Gate) in Old Delhi. Construction of Tis Hazari Court Building started in
1953 and it was inaugurated on 19-03-1958 by Chief Justice Mr. A. N. Bhandari of the then
Punjab High Court. Most of the civil courts and criminal courts of the Central and North
district are housed in this building. Tis Hazari continues to be the principal District Court
building in Delhi. The Ld. District & Sessions Judge of Delhi sits here. 

Patiala House Court Complex

Patiala House Courts Complex is also known as New Delhi Courts Complex. It is housed in
the erstwhile palace of Maharaja of Patiala near India Gate and National Stadium. A small
number of criminal courts were earlier functioning at Parliament Street and they were shifted
to Patiala House in March 1977. Now-a-days Criminal Courts of New Delhi, South and
South-West district are housed in Patiala House. Motor Accident Claims Tribunals for these
districts are also situated here apart from two special CBI Courts.

Rohini Court Complex

This Courts Complex is situated near Madhuban Chowk on Outer Ring Road in Rohini Area.
The Rohini Courts Complex was inaugurated on 06.01.2006 and is now fully functional.
Presently 33 Courts are operational in Rohini Courts Complex dealing with Civil, Criminal,
Matrimonial, Rent and Motor Accident Claims cases pertaining to West and North-West
Districts. 

Dwarka Courts Complex

The building of Dwarka Courts Complex completed in the year 2008 and was inaugurated by
Hon’ble Chief Justice of India Sh. K.G. Balakrishanan on 6th September 2008.  Dwarka
Courts Complex is another modern operational District Courts Complex in Delhi.

Saket Court Complex

This Court Complex started functioning with effect from Saturday, the 28th August, 2010. 
The Work of Civil and Criminal cases relating to South Civil District and South and South
East Police Districts hitherto being taken up at Patiala House Courts Complex shall be taken
up with effect from the aforesaid date by the courts of the respective districts at the new court
complex at Saket.  Similarly, Motor Accident Claim Petitions relating to the area within the
jurisdiction of the aforesaid police districts shall be dealt with by the MACT’s established at
Saket.

List of Judges, East District, Karkardooma Courts (Nearest to my residence)

PHOTO NAME OF DESIGNATIO ROO

PRESIDING N M NO.
OFFICER                   
    

PRINCIPAL DISTRICT AND SESSIONS JUDGE

     

Mr. DEEPAK Principal District 1

JAGOTRA and Sessions Judge

DISTRICT AND SESSIONS JUDGE (COMMERCIAL)

    

District and Sessions 12

Judge (Commercial)

Mr. SANJAY
SHARMA-I

ADDITIONAL DISTRICT JUDGE

 
Mr. RAGHUBIR Additional
SINGH District Judge 8

  

Mr. VIJAY KUMAR Additional

13
JHA District Judge-02
 

Additional
Mr. RAJESH KUMAR 7
District Judge-03

ADDITIONAL SESSIONS JUDGE

 Additional
Mr. ARUN SUKHIJA Sessions Judge- 6
03

Additional
Mr. AJAY GUPTA 21
Sessions Judge

Mr. REETESH Additional

311
SINGH sessions Judge

Mr. HASAN ANZAR Additional Sessions

9
  Judge (POCSO)
  

Mr. RAVINDER Additional Sessions

34
SINGH Judge (POCSO)

Mr. KULDEEP Additional Session

10
NARAYAN Judge
 

Mr. SANJEEV Additional Session

80
KUMAR AGARWAL Judge

Ms. SURABHI Additional Session

79
SHARMA VATS Judge

MOTOR ACCIDENT CLAIM TRIBUNAL

 Mr. VIVEK KUMAR
PO-MACT 28
GULIA

METROPOLITAN MAGISTRATE

Mr. ATUL KRISHNA Chief Metropolitan

29
AGRAWAL Magistrate

Additional Chief
Mr. PANKAJ ARORA Metropolitan 27
Magistrate

Ms. PREETI Metropolitan

16
AGGARWALA Magistrate

Ms. RENU Metropolitan

32
CHAUDHARY Magistrate-04

Municipal
Mr. AKHIL MALIK 30
Magistrate
 Metropolitan
Mr. VINOD JOSHI 15
Magistrate-02

Metropolitan
Ms. RITU SINGH 24
Magistrate

Mr. ANSHUL Metropolitan

26
MEHTA Magistrate

Metropolitan
Ms. BABITA PUNIA 3
Magistrate-05

Ms. SHRUTI Metropolitan

14
CHAUDHARY Magistrate
 Ms. AISHWARYA Metropolitan
20
SINGH KASHYAP Magistrate

 
Metropolitan
Sh. TUSHAR GUPTA Magistrate (NI Act) 61
Digital Court
 

Civil Courts

Ms. SAUMYA
SCJ-cum-RC 18
CHAUHAN

Mr. RAKESH ASCJ-cum-JSCC-

25
KUMAR RAMPURI cum-GJ

Mr. BALWINDER ACJ-cum-CCJ-

23
SINGH cum-ARC
 Ms. KAVITA BIST MM (RELIEVER) 3A

Ms. ISRA ZAIDI MM (RELIEVER) 14A

Mr. ARVIND DEV MM (RELIEVER) 5A

FAMILY COURT

Mr. SANJAY
Principal Judge FAM-5
KUMAR

Mr. NARESH
KUMAR Judge FAM-1
MALHOTRA

DLSA (EAST)

Ms. SAEMA JAMIL Secretary  

 MEDIATION CENTER

Mr. MANISH  
Judge Incharge
YADUVANSHI

Conclusion

Civil court has jurisdiction to investigate whether tribunal and quasi-judicial bodies or legal
executive acted within their jurisdiction. It can be presumed that section 9 essentially deals
with the issue of the civil court’s jurisdiction to consider a matter. Civil court has jurisdiction
to consider a suit of civil nature except when it’s notification is expressly barred or bared by
significant suggestion. Civil court has jurisdiction to resolve the problem of its jurisdiction.

Proper administration of justice, being one of the main constitutional goals, has to agree with
the expectations of the society and with definite expertise in all fields of law. It is very much
clear that accordingly to different procedural laws; different Civil Courts have different
jurisdiction in India to try all the suit of civil nature. The Civil Court in India need to consider
all the factors governing jurisdiction first and then they should further proceed with the
proceeding of the case.