Jurisdiction of Civil Courts

under the C.P.C.

By
Dr. Vivek kumar
 Subordination of Courts and Savings

 Sec.3. Subordination of Courts-

For the purposes of this Code, the District Court is
subordinate to the High Court, and every Civil
Court of a grade inferior to that of a District Court
and every Court of Small Causes is subordinate to
the High Court and District Court.
(subordination of High Court Art.
227 & 235 of the constitution of India)

Lucy Kochuvareed v. P. Mariappa Gounder And Ors.

AIR 1979 SC 1214
Hierarchy of the Court (Civil case)
• Supreme Court (Apex court in India)
• appellant jurisdiction but Original jurisdiction in Article 32,71,131 of
the Indian Constitution

• High Court (in every State)

• appellant jurisdiction but Original jurisdiction in presidency towns
and Article 226 of the Indian Constitution

• District Court (in every District)

• Original and appellant jurisdiction
• Small Causes Court (Subordinate to H.C. & D.C.)
• Pity cases Original jurisdiction (Small Causes Court Act 1887)
• Civil judge junior division and Civil judge senior division
Civil jurisdiction of Delhi Dist. Court
 Territorial jurisdiction of Delhi Dist. Court

District courts, divided into 11 judicial districts, located in 6 District Court complexes
www.delhidistrictcourts.nic.in

S.N. Court Complex District (s)

1. Tis Hazari Lal Hardev Sahai Marg Delhi-110 054 1) Central District
2) West District
2. Patiala House Near India Gate New Delhi-110 001. 3) New Delhi District
3. Karkardooma Shahdara Delhi-110 032 4) East District
5) North-East District
6) Shahdara District

4. Rohini Sector-14, Rohini Delhi-110 085 7) North District

8) North-West District
5. Dwarka Sector-10, Dwarka Delhi-110 075 9) South West District
6. Saket New Delhi-110 017 10) South District
11) South-East District
Civil jurisdiction of Delhi Dist. Court
https://delhidistrictcourts.nic.in/Circulars/2018/july/9d.pdf
Sec. 4. Savings-

(1) In the absence of any specific provision to the Contrary, nothing

in this Code shall be deemed to limit or otherwise affect any special
or local law now in force or any special jurisdiction or power
conferred, or any special form of procedure prescribed, by or under
any other law for the time being in force.
(2) In particular and without prejudice to the
generality of the proposition contained in sub-section (1), nothing
in this Code shall be deemed to limit or otherwise affect any
remedy which a landholder or landlord may have under any law
for the time being in force for the recovery of rent of agricultural
land from the produce of such land.

Sahadat Khan v. Mohammad Hossain AIR1954 Cal. 347

Lakshmi Narayan Karva And Ors. v. Satyanarayanan
Khubchand Karva AIR 1975 Mad 112
jurisdiction of Revenue Courts
 Sec.5- Application of the Code to Revenue Courts-

(1) Where any Revenue Courts are governed by the provisions of this Code in those
matters of procedure upon which any special enactment applicable to them is
silent, the State Government may, by notification in the Official Gazette, declare
that any portions of those provisions which are not expressly made applicable by
this Code shall not apply to those Courts, or shall only apply to them with such
modifications as the State Government may prescribe.
Revenue or Rent Act (The Revenue Recovery Act 1890, Rent Control Act 1948)
UP Consolidation and Holding Act 1953, UP Land Revenue Act 1901,
workmen's Compensation Act, etc.

Mumtazuddin Khan v. Fatima Begum AIR 1956 Hydera. 164

N. Nagappa hegade v. S. Narsinghan AIR 1966 Mas. 5
 In case of revenue court

Provisions of special act shall apply

Where the special act is silent, CPC shall apply

State Govt may exclude the application of CPC

●
.

By publishing notification in official gazette

●
Or may apply with modification
Section- 5 (2)

 “Revenue Court” in sub-section (1) means a Court having

jurisdiction under any local law to entertain suits or other
proceedings relating to the rent, revenue or profits of land used
for agricultural purposes, but does not include a Civil Court
having original jurisdiction under this Code to try such suits or

proceedings as being suits or proceedings of a civil nature.

jurisdiction of civil courts
 Sec. 9- the civil jurisdiction of courts in India.
 All courts have jurisdiction to try the suits of civil
nature, except barred (expressly/ impliedly) by the code.
 Two types of jurisdiction of civil courts -
(i) the pecuniary (Sec. 6)- jurisdiction over the suits
where the amount or value of the subject matter not
exceeds the pecuniary limits of its ordinary jurisdiction.
(ii) the territorial (Sec.16, 17, 18, 19 and 20)- place of
suing, refers to the place within whose jurisdiction the
courts are entitled to try the case against the defendant.
Continued…..