CODE OF CIVIL PROCEDURE

WRITTEN REPORT FOR CLASS PRESENTATION

TOPIC – Place of Suing
KS RESHMA SHAJANI
BA0210036

Overview

In this class, we started our discussion on the objections that can be raised through Section 21
of the act. A discussion of pecuniary and territorial jurisdiction was also done to understand
how the cases can be instituted in the competent court with proper jurisdiction.

Brief Summary

Section 21

This provision provides for the instances in which objection is raised that are as follows,

 Sub rule 1 – objection as to jurisdiction

 Sub rule 2 – objection as to pecuniary jurisdiction.
 Sub Rule 3 –
 Order 1 Rule 13 – objection as to joinder or misjoinder.
 Order 2, Rule 7 – Objection as to misjoinder of cause of action.

Section 15

The marginal heading goes as “place of suing”. It is provided that every suit has to be
instituted through a plaint. The nature of the plaint would vary from case-to-case basis like it
is different for a divorce petition.

The Hierarchy of the civil courts is as follows,

Supreme Court

High Court

District Court

Sub Court

Munsiff Court
As per Section 15, the court of lowest grade is the most competent court to exercise
jurisdiction. The courts are classified into two accordingly as the Court of First Instance and
Appellant Court.

The competency of the court is subjected to the Pecuniary and Territorial Jurisdiction.

The Pecuniary Jurisdiction is a state matter such that every state can have its own monetary
criteria to determine the jurisdiction. For instance, in Tamilnadu, the pecuniary jurisdiction is
as follows,

Court Pecuniary Limits

Munsif Court 1,00,000
Sub-Court 1,00,000 to 10,00,000
District Court Above 10,00,000

In the context, jurisdiction of the courts is classified into,

 Limited jurisdiction
 Unlimited jurisdiction – At present with the recent amendment, the district court and
High Court is said to have unlimited jurisdiction.

The major reason or objective for section 15 is as follows,

 Reduce the burden of the courts in the higher part of the hierarchy.
 Afford convenience to parties and witness who are to appear for the case.
 Ensure that the parties have sufficient rights of appeal.

Each court is deemed competent to hear matters having a monetary value of only a certain
extent. A matter that involves a monetary value higher than what a court is competent to hear.
The parties must approach a higher court. At the same time, the parties must approach the
lowest grade court which is competent to hear the suit. The validity of the judgement passed
by the higher court on the case that the lower court was competent to hear, even then the
judgement is valid.

The territorial Jurisdiction is addressed in the Code of Civil Procedure from Sections 16 to 20
of the statute. The provision wise nature of subject matter is as follows,

 Sections 16 to 18 deals with the subject matter of immovable property.

  Section 19 deals with the subject matter of movable property or persons.
 Section 20 is confined to any other suit.

Section 16 – Institute where the Subject Matter situate

There are 6 subject matters to be considered under this head which includes,

 For recovery of immoveable property with or without rent or profits.

Example – If a person is disposed of or is aggrieved on the subject matter, he has to
file a suit within 60 days by virtue of Section 6 of the Specific Relief Act.
 Partition of Immovable property.
 Foreclosure, Sale and Redemption in case of mortgage or charge.
 For determination of any other right or interest.
 For compensation of wrong
Example – Usufructuary mortgage, the party is entitled to compensation if any loss is
incurred by the way the property is used.
 For recovery of movable property under distraint or attachment.

Conditions for filing suit under this section,

 Defendant actually and voluntarily resides – these words significantly differs from
who it is mentioned in the family court act as it implies the residence to be either
temporary or permanent.
 Property is situated.

The territorial jurisdiction is not publicly decided by the parties. It is provided by the
legislation. Thus, the jurisdictions and local limits has to be carefully construed. For example,
in case if the property in which a issue of wrong arises is in Karnataka, and the person resides
at Tamilnadu, then the Karnataka court has jurisdiction. For instance, in the case of Central
Bank of India v. Eleena Fasteners (P) Ltd. 1, AIR 1999 HP 104, it was held that the
foreclosure of a property that was provided as collateral for loan advanced, the suit has to be
instituted in the place where the property is situated.

1
AIR 1999 HP 104
In the case of Harshad Chiman Lal Modi v DLF Universal Ltd2, held that an action can be
filed under Section 16 of the CPC, 1908 where the immovable property is located, which in
this case was in Gurgaon (Haryana). As a result, the Delhi High Court lacks jurisdiction to
hear the case. In such cases, factors such as the location where the cause of action arose or the
residence of either party are irrelevant.

Learning Outcomes

This class has provided an understanding on the need for identifying and locating the court
with the competent jurisdiction. Though it is not mandatory to file a suit in the competent
court, it is not encouraged as such and the importance of filing the suit in court with
competent jurisdiction was understood.

2
2005 (7) SCC 791