CODE OF CIVIL PROCEDURE-I

PERIODICAL ASSIGNMENT-I

BASIC UNDERSTANDING OF KINDS OF

JURISDICTION.

SUBMITTED BY:

TULIKA SHARMA

BBA LLB, IVth YEAR

1914292
 BASIC UNDERSTANDING OF KINDS OF JURISDICTION

The term Jurisdiction has been derived from two terms that is, juris- 'law' + dictio-
'declaration' and can be defined as the limit of a judicial authority or the extent to which a
court of law can exercise its authority over suits, cases, appeals etc. The rationale behind
introducing the concept of jurisdiction in law is that a court should be able to try and
adjudicate only in those matters with which it has some connection or which fall within the
geographical or political or pecuniary limits of its authority. Section 9 of CPC deals with the
jurisdiction of civil courts in India. It says that the courts shall (subject to the provisions
herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which
their cognizance is either expressly or impliedly barred.

Kinds of jurisdiction in India:

1. Pecuniary Jurisdiction

The word pecuniary means money. Hence it refers to the power of courts to decide cases that
are within monetary limits. In other words, the suit is maintainable in the court if its value
does not exceed the monetary limits of the court i.e., this jurisdiction is based upon the
valuation of a subject matter of the suit. Section 6 of the CPC defines the Pecuniary
Jurisdiction.

2. Territorial Jurisdiction

Under this territorial or local jurisdiction, the geographical limits of a court’s authority are
clearly delineated and specified. It cannot exercise authority beyond that geographical/
territorial limit. For example, if a certain crime is committed in Himachal Pradesh, only the
courts of law within the borders of Himachal Pradesh can hear and decide the case.

3. Subject Matter Jurisdiction

It refers to the power of courts to try the cases related to a particular subject. The courts
cannot try those cases whose subject is beyond their power of jurisdiction. For example, if a
Person AB buys consumer goods and it is found to be defective. After several requests, the
seller refused to replace the item. In this case, AB has to file a suit in the District Consumer
Redressal Forum and not in any other court or tribunal. Here the District Consumer Redressal
Forum has subject matter jurisdiction over the same to try the case.
4. Exclusive Jurisdiction

This refers to the power of courts to try the cases exclusively referred to it. In any contract or
agreement, the mentioning of the jurisdiction of courts takes place, which is then given effect
if any dispute arises between the parties. Exclusive jurisdiction exists in civil procedure if one
court has the power to adjudicate a case to the exclusion of all other courts.

5. Concurrent Jurisdiction

This refers to the power of two or more courts from different jurisdictions to try the suits
referred to it. For example, certain agreements and contracts contain clauses like – Any
disputes arising will be subject to the jurisdiction of ABC or XYZ courts. Hence, in such
cases, the suits can be tried at either ABC Courts or XYZ Courts.

6. Appellate Jurisdiction

This jurisdiction refers to the power of courts to decide the appeals of cases that the sub-
ordinate courts have already decided. Accordingly, it means, 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.

7. Original Jurisdiction

Original jurisdiction refers to the power of courts to take judicial note of any matter in the
first instance. For example, the family court has the power to try cases related to family
disputes. Hence, the family court has original jurisdiction over the matter.

8. Special Jurisdiction

This power is given to the courts to try suits of special nature. For example, if by order of the
concerned authority, power is given to fast-track courts to try juvenile cases, it is called
special jurisdiction.
9. Legal and equitable Jurisdiction

This power is provided to the courts by the statutes, Constitution etc. Equitable jurisdiction is
a system of justice designed to supplement the common law by taking action in a reasonable
and fair manner which results in just outcome. It is based on a set of legal principles namely
equity for achieving natural justice. Under equitable jurisdiction no one is allowed to enforce
his/her legal rights if it would be unconscionable for him/her to do so.