JURISDICTION OF COURTS AND VENUE OF SUITS :
Jurisdiction means the authority by which a Court has to decide matters that are brought before it for adjudication. The limit of this authority is imposed by charter, statute or a commission. If no such limit is imposed or defined, the jurisdiction is said to be unlimited. A limitation on jurisdiction of a Civil Court may be of four kinds. These are as follows :-
(i) jurisdiction over the subject matter
The jurisdiction to try certain matters by certain Court is limited by statute; e.g. a small cause court can try suits for money due under a promissory note or a suit for price of work done.
(ii) Place of suing or territorial jurisdiction
A territorial limit of jurisdiction for each court is fixed by the Government. Thus, it can try matters falling within the territorial limits of its jurisdiction.
(iii) Jurisdiction over persons
All persons of whatever nationality are subject to the jurisdiction of the Civil Courts of the country except a foreign State, it’s Ruler or its representative except with the consent of Central Government.
(iv) Pecuniary jurisdiction depending on pecuniary value of the suit
Section 6 deal with Pecuniary jurisdiction and lays down that save in so far as is otherwise expressly provided Courts shall only have jurisdiction over suits the amount or value of which does not exceed the pecuniary limits of any of its ordinary jurisdiction. There is no limit on pecuniary jurisdiction of High Courts and District Courts.
Jurisdiction may be further classified into following categories depending upon their powers:
(i) Original Jurisdiction — A Court tries and decides suits filed before it.
(ii) Appellate Jurisdiction — A Court hears appeals against decisions or decrees passed by sub-ordinate Courts.
(iii) Original and appellate Jurisdiction — The Supreme Court, the High Courts and the District Courts have both original and appellate jurisdiction in various matters.
Courts to try all civil suits unless barred : Section 9 of Civil Procedure Code states that the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The explanation appended to the Section provides that a suit in which the right to property or to an office is contested is a suit of civil nature, notwithstanding that such right may depend entirely on the decision on questions as a religious rites or ceremonies.
A suit is expressly barred if a legislation expressly says so and it is impliedly barred if a statute creates new right or liability and prescribes a particular tribunal or forum for its assertion. When a right is created by a statute and a special tribunal or forum is provided for its assertion and enforcement, the ordinary Civil Court would have no jurisdiction to entertain such disputes.