Jurisdiction of Civil Court under Civil Procedure Code,1908

Meaning :- 

-power or authority of a court to hear and determine a case,to adjudicate and exercise any judicial power in relation to it.    
- Authority of a court to administer justice prescribed with  reference to the subject matter, Pecuniary value and local limits.

Section 3 :-  Subordination of court

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.

Section 6 :- Pecuniary Jurisdiction

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

Section 9 :- Courts to try all civil suits unless barred.

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.

Explanation I.- A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

Explanation ll.- For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.

STATE AMENDMENTS

Maharashtra– After section 9 insert the following section 9A.

“9A. Where at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken such issue to be decided by the court as a preliminary issue:-

(1) Notwithstanding anything contained in this code or any other law for the time being in force, if at the hearing of any application for granting or setting aside an order granting any interim relief, whether by way of stay, injunction, appointment of a receiver or otherwise, made in any suit, on objection to jurisdiction of the court to entertain such suit is taken by any of the parties to the suit the court shall proceed to determine at the hearing of such application the issue as to the jurisdiction as a preliminary issue before granting for setting aside the order granting the interim relief. Any such application shall be heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit.

(2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction”.

Kinds of Jurisdiction 

1) Territorial Jurisdiction 

- Every court has its own Territorial jurisdiction beyond which it cannot exercise it's jurisdiction.

- The government fix the limits .

- The High Court has jurisdiction over the territory of a State within which it is situate and not beyond it.

- The District Judge has to exercise jurisdiction within his district and not outside it.

2) Pecuniary Jurisdiction

- A court have Jurisdiction only over those suits the amount or value of the subject matter which does not exceed the Pecuniary jurisdiction.

- High Court and District Court have no Pecuniary Jurisdiction.

- Civil Judge Junior Division upto 5 lac and above 5 lac District Court.

3) Jurisdiction as to Subject Matter

- Certain courts are prohibited from entertaining the suits of a particular cause,such Courts are precluded from entertaining certain suits .

Ex.- Employee and employer dispute in Labor Court or in Industrial Tribunal, Matrimonial dispute in Family Court, Testamentary matters , insolvency matters ets.in District Court.

4) Original Jurisdiction

- The High Court and the District Court have appellate jurisdiction respectively and also have original jurisdiction in respect of certain matters .

i ) Original Jurisdiction 

While exercising such jurisdiction,the High Court or District Court may entertain original suits , application etc.

ii ) Appellate Jurisdiction 

While exercising such jurisdiction the entertain the appeals against the order or decree passed by the lower court.

iii ) Revisional Jurisdiction 

The High Court have revisional jurisdiction under section 115 of CPC . But certain revision appeals may be filed in District Court.

iv ) Extra- Ordinary Jurisdiction

This jurisdiction is under Constitution known as Writ jurisdiction  and  it gives power to High Court and Supreme Court.