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Civil Jurisdiction of Courts in Myanmar

There are four kinds of jurisdiction of the Civil Courts such as pecuniary
jurisdiction on the value of the suit, territorial jurisdiction on the location of the subject-
matter, subject-matter jurisdiction on nature of the suit, personal jurisdiction on some
persons. By dividing such jurisdictions, it can prevent not to pile the suits in one Court
unnecessarily.
Regarding the formation of Courts in Myanmar, according to section-293 of the
2008 Constitution of the Republic of the Union of Myanmar (hereinafter ‘the 2008
Constitution’), Courts of the Union are formed as follows: -
a) Supreme Court of the Union, High Courts of the Region, High Courts of
the State, Courts of the Self-Administered Division, Courts of the Self-
Administered Zone, District Courts, Township Courts and the other Courts
constituted by law,
b) Courts-Martial,
c) Constitutional Tribunal of the Union.
A Supreme Court of the Union is constituted under section-294 of the 2008
Constitution as in the Union, there shall be a Supreme Court of the Union. Without
affecting the powers of the Constitutional Tribunal and the Courts-Martial, the Supreme
Court of the Union is the highest Court of the Union. According to section-11 of the
Union Judiciary law (2010), only the Supreme Court of the Union has original
jurisdiction in the following matters: (a) matters arising out of bilateral treaties concluded
by the Union; (b) other disputes between the Union Government and the Region or State
Government except the Constitutional problems; (c) other disputes among the Regions,
among the States, between the Region and the State and between the Union Territory and
the Region or the State except Constitutional problems; (d) piracy, offences committed at
international water or airspace, offences committed at ground or international water or
airspace by violating the international law; (e) cases prescribed under any law.
With regard to pecuniary jurisdiction of Courts in Myanmar, according to section-
6 of The Code of Civil Procedure (1908), save in so far as is otherwise expressly
provided, nothing here in contained shall operate to give any Court jurisdiction over suits

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the amount or value of the subject-matter of which exceeds the pecuniary limits (if any)
of its ordinary jurisdiction.
According to Notification No.1030/2020, the Supreme Court of the Union, under
section-63 of the Union Judiciary law, 2010, has vested the judicial power to the judge of
the Courts of Self-Administered Division, Courts of the Self-Administered Zone, District
Courts regarding the civil regular suit or original cases, the suit value not more than
Ks.30000 lakhs and The deputy judge of the Self-Administered Division, of the Self-
Administered Zone, and Deputy District Judge regarding the civil regular suit or original
cases, the suit value not more than Ks.15000 lakhs. The Supreme Court of the Union,
under section-64 of the Union Judiciary law, 2010, conferred the judicial power for
appeal in civil cases to the judges of the Court of Self-Administered Division, Court of
Self-Administered Zone and District Court regarding the decree or order passed by the
Township Court for original civil regular cases.
With regard to the subject-matter jurisdiction of the courts, it refers to a Court’s
authority to hear a particular case. It is the requirement that a given court have power to
hear the specific kind of claim that is brought to that court. Subject-matter cases are
Succession Certificates, Letters of Administration, Dissolution of Christian marriage,
Probate of the will.
With regard to personal jurisdiction, head of states and diplomats are not to be
sued in civil courts.
In connection with the territorial jurisdiction, section-15 of the Code of Civil
Procedure (1908) provides that every suit shall be instituted in the Court of the lowest
grade competent to try it. In the case of Maung Sit Paing and one vs. Maung Tun and
four (4, B.L.J, p-104), Section-15 of the Civil Procedure Code, 1908 lays an imperative
duty on the suitor to bring his suit in the Court of lowest grade but does not deprive the
higher court of its jurisdiction to try the suit. That section is intended to prevent the court
of higher grade from being overcrowded with suits and is for the benefit of such Courts.
The higher court is not bound to take advantage of it and can try such suits.
According to section-16 of the Code of Civil Procedure (1908), subject to the
pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of immoveable property with or without rent or profit,

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(b) for the partition of immoveable property,

(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon
immoveable property,
(d) for the determination of any other right to or interest in immoveable property,
(e) for compensation for wrong to immoveable property,
(f) for the recovery of moveable property actually under distrait or attachment, shall be
instituted in the Court within the local limits of whose jurisdiction the property is
situated;
Provided that a suit to obtain relief respecting, or compensation for wrong to,
immoveable property held by or on behalf of the defendant may, where the relief sought
can be entirely obtained through his personal obedience either in the Court within the
local limits of whose jurisdiction the property is situated, or in the Court within the local
limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on
business, or personally works for gain.
Explanation- In this section "property" means property situated in the Union of
Myanmar.
In U Sein Hlaing Vs U Chan Tar Lone (1987, B.L.R, p-13) case, it was held
that it is doubtless that the suit for the action of immoveable property under the contract
referred to decide the right of immoveable property. The suit for the action of
immoveable property under the sale of contract is allowed to sue at the Court which has
the pecuniary jurisdiction where the property situated because it includes in Section-16(d)
of the Civil Procedure Code (1908).

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