Section 9 & 15 to 20 of C.P.C. 1908 are related provisions of Jurisdiction of Civil Court........
=Basically civil court have jurisdiction to try all suits of a civil nature.
=As per section 9 of C.P.C. civil court have jurisdiction to try all suits of civil nature except suits are expressly or implied barred by law.
= In fact number provisions of laws bars jurisdiction of civil court to take cognizance of civil suits ...........................for example Section 85 of Maharashtra (Bombay) Tenancy and Agricultural Act 1948, Section 50/51/80 of Maharashtra (Bombay) Public Trusts Act 1950, Section . 36C/158/213 of Maharashtra Land Revenue Code 1966,Section 268 /430 of Company Act 2013,,Section 34 of SARFAESI Act 2002,Section 91 of Maharashtra Co-operative Societies Act 1960,Section 47 of Maharashtra Rent Control Act 1999,Section 8/42 of Arbitration and Conciliation Act 1996 etc.
= Basically if we carefully peruse the provisions of bar of jurisdiction of civil court then we found that the act/order/judgement passed by the authority/tribunal/officer shall be according to law and it shall not be void /ultra vires.
= If act /order/judgement passed by authority /tribunal/officer is void ultra vires then civil court have jurisdiction to try suit in respect of such act/order/judgement.
= Generally we files civil suits in respect immovable property like partition/injunction/specific performance /declaration of title /declaration in respect of documents, order /encroachment /easement .....etc.
= Basically suits of civil nature does not mean only suit in respect of immovable property but every legal right of civil nature in respect of property as well as person. For example every person have right to file suit for compensation in respect of defamation.
= Also every person or his legal heir have right to file suit for damages, competition caused in quarrel.
= Also legally married husband or wife can file suit for injunction not to marry till legal divorce against each other.
= Also a person can file suit for declaration in respect of his legal status as wife, husband, son,mother,father, or not as above
=As per above discussion and as per section 9 of C. P. C. civil court have jurisdiction to try all suits of civil nature is the presumption subject to express or implied barred
=Section 15 of C.P.C. is relevant for territorial jurisdiction of civil court
= Every civil suit shall be instituted in the court of the lowest grade
= Territorial jurisdiction of civil court is determined as per S.22A /25 of Maharashtra (Bombay) Civil Courts Act 1869.
= Along with territorial jurisdiction of civil court we shall take in consideration the pecuniary jurisdiction of civil court while filling civil suit.
= Pecuniary jurisdiction of civil court is determined as per S. 24 of Maharashtra Civil Courts Act. As per it Civil Judge Junior Division have jurisdiction of all civil suits/proceedings of civil nature wherein the value of subject matter does not exceed 500000=00 (Five lakh rupees) and up to the sky is the pecuniary limit of Civil Judge Senior Division.
= As per S. 32 of Maharashtra Civil Courts Act only Civil Court Senior Division have jurisdiction to entertain suit against Crown /Government /Officer of Government in their official capacity are party. But suit against local authorities /bodies like Grampanchayat/Zilla Parishad/Panchayat Sasmit /Nagarpanchayat/MSEB/MSRTC be filled in Civil Judge Junior Division subject to pecuniary jurisdiction of court.
= As per S. 28A of Maharashtra Civil Courts Act as well as S. 262/371 of Indian Succession Act 1925 power of district court is delegated in Civil Court subject to pecuniary jurisdiction.
= As per Chapter XIV (14) of Civil Manual application for Succession /heirship certificate under succession /heirship act be filled in Civil Judge Junior/Senior Division subject to pecuniary jurisdiction
= As per above chapter XIV of civil manual contested application under Indian Succession Act be decided by Civil Judge Senior Division.
= As per Notification dated 10-03-1998 published in Maharashtra Govt. Gazette dated 18-06-1998,Part 4-C, page 1153 under Order 37 Rule 1 of C. P. C. all the courts in the state having jurisdiction of Summary Suit subject to pecuniary jurisdiction.
= As per S. 19 of Hindu Marriage Act 1955 and notification ever petition under the said act be filled in Civil Judge Senior Division.
= But suit for Divorce /Restitution /Judicial Separation under Mohammedan Law be filled in Civil Judge Junior Division.
= As per S. 31 of Special Marriage Act 1954 all petition under the said act be filled in District Court.
= As per S. 9 of Guardian and Wards Act 1890 all applications under the said act be filled in District Court.
= S.16 of C.P.C. relates to immovable property . Every suit like recovery of possession , rent , partition , redemption , foreclosure , sale , charge , compensation in respect of immovable property & recovery movable property shall be instituted in the court within the local limits of whose jurisdiction the property is situate subject to pecuniary jurisdiction .
= S. 17 of C.P.C. is in respect of immovable property situate within jurisdiction of different courts.
= S. 18 of C.P.C. is in respect of place of institution of suit where local limits of jurisdiction of courts are uncertain.
= S. 19 of C.P.C. is suit for compensation for wrongs to person or movables .
= S.20 of C.P.C. is in respect of suits other than mentioned above be instituted where defendants reside or cause of action arises.
....... Above provisions are mostly useful before instituting/ filing suit .
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