KINDS OF JURISDICTION UNDER CPC

 THE CIVIL PROCEDURE CODE

What is Jurisdiction?

The word jurisdiction is derived from two Latin words - 'juris' meaning law and 'dicto' meaning speech. 

When these two words are combined, it translates into the meaning - "I speak by law". 

The word jurisdiction hence refers to the power of the court to settle disputes.

Kinds of Jurisdiction

1. Pecuniary Jurisdiction

2. Territorial Jurisdiction

3. Subject Matter Jurisdiction

4. Original Jurisdiction

5. Appellate Jurisdiction

6. Exclusive Jurisdiction

7. Concurrent Jurisdiction

Pecuniary Jurisdiction:

The word pecuniary jurisdiction means money. Hence it refers to the power of courts to decide cases that are within the monetary limits of the court.

According to the pecuniary jurisdiction, the suit becomes maintainable in the court of law if its value does not exceed the monetary limits of the court.

Example : 

The court of civil judge junior division has a pecuniary jurisdiction limit of rupees 50,000.

Hence this Court cannot try suits whose value exceeds Rupees 50,000

Territorial Jurisdiction:

Each court is confined to a particular geographical boundary within which it is to try a particular case. This is known as the territorial jurisdiction of a court. 

This jurisdiction refers to the geographical boundary limits of a particular Court.

Example:

If the subject matter of the suit is situated in Bombay it cannot be tried in a Court situated in Kolkata. Such a suit must be tried in a court which has the territorial jurisdiction to try such a court i.e. a court situated in Bombay.

Subject Matter Jurisdiction

Subject matter jurisdiction refers to the power of the court to try cases relating to a particular subject matter. The court cannot try cases with subject matter which is beyond their power of jurisdiction. 

Example:

If a person wants to file a case regarding defective consumer goods, the case must be tried in the district consumer redressal forum which has the subject matter jurisdiction in this case.

Original Jurisdiction:

Original jurisdiction refers to the court which has the power to hear a case in the first instance. Such a court can be approached first for the given subject matter. 

Example :

Writ petitions can be filed in the High Court first. Therefore the High Court has original jurisdiction over writ petition cases.

Appellate Jurisdiction:

Appellate jurisdiction refers to the power of the court to decide an appeal of cases that subordinate courts have already decided.

Example: 

The High Court has appellate jurisdiction over all District Courts of the State.

Exclusive Jurisdiction :

Exclusive jurisdiction refers to the power of the court to try the cases exclusively referred to it and in such cases, no other court will have the power to decide on such cases.

Example :

In certain contracts or agreements, there may be a clause mentioning the mutual agreement of the parties who choose to have their disputes adjudicated by a particular court.

In such situations, the court to which the parties have agreed to settle their disputes will have exclusive jurisdiction over any matter relating to the contract or agreement.

Concurrent Jurisdiction :

Concurrent jurisdiction refers to the power of two or more courts to try the same suit. In such circumstances, two or more courts will have the authority to adjudicate over a particular suit.

Example :

In a civil case, the plaintiff may file the suit in the place of cause of action or in the place of residence of the defendant.

If the cause of action took place in Bombay and the defendant resides in Pune both the Bombay court and the Pune court will have the jurisdiction to decide on this particular case.

These two courts are said to have concurrent jurisdiction as both the courts have equal authority to hear this case.