Vidhi Agarwal
The aim of justice is to restore the infringed rights of a person. Courts are the agents of law and justice and the apt place for suing should be known to the victim. Since we are talking about civil cases, the Civil Procedure Code lays down the place of suing in civil cases under sections 15-21.
Place of Suing, without complicating it, means the place or the venue of trial. The place of suing is classified on the basis of three kinds of jurisdictions:
- Territorial jurisdiction
- Pecuniary jurisdiction
- Subject matter jurisdiction
The first question is to decide whether the court has jurisdiction to handle the issue once the suit is brought before the court. If the court has all of these jurisdictions (territorial, pecuniary, or subject matter jurisdiction), only then the court has the authority to deal with the case. In the case, if the court does not have either of the factors listed above, it would be treated as a lack of jurisdiction or the improper exercise of jurisdiction. If the case is determined by the court that does not have jurisdiction, then such a decision would be taken. Let’s understand it by analysing sections 15-21 one by one.
Section 15
Section 15 of Code of Civil Procedure 1908- “Court in which suits to be instituted”-“Every suit shall be instituted in the Court of the lowest grade competent to try it”.[1]
The word competent signifies that with respect to pecuniary authority, the court must have the capacity to hear the case. The case shall be treated at first instance by the court of the lowest grade having jurisdiction with respect to pecuniary interest. Usually the defendant assesses the suit to evaluate the Court’s pecuniary authority unless the court prima facie is aware that the assessment was not performed correctly. If the Court determines that the appraisal has either been underestimated or overvalued, the Court examines and guides the party to reach the required platform. By the valuation, but not by the amount for which a decree is passed, the competence of the Court may be determined. Let us take an example to understand whether the tribunal has a pecuniary authority of Rs 15000 and the proceedings are made on the assessment of the action taken. Subsequently, the courts ruled that Rs 20000 was due and the court was not stripped of the jurisdiction for issuing the decree. The plaintiff’s assessment defines the court’s jurisprudence. However, that does not mean that the claimant will file for any arbitrary value and decide which court to file a case. When the court considers that an assessment is performed inappropriately to circumvent the competence of the competent court, it will require the claimant to show that the assessment was carried out adequately.
Section 16
Section 16 of Code of Civil Procedure 1908- “Suits to be instituted where subject matter situate”
Subject to the pecuniary or other limitations prescribed by any law, suits,-
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain[2].
In the event a lawsuit is lodged to the defendant or to any other person, in the name of a defendant, for relief or reimbursement for wrong caused by immovable property, where relief can be sought by means of his personal involvement, the action can be brought in a tribunal within the jurisdiction of the respondent:
- The property is located or is situated,
- The defendant lives or is carrying on business or personal for profit willingly and effectively.
Section 17
Section 17 of Code of Civil Procedure 1908 “Suits for immovable property situate within jurisdiction of different Courts”[3]
Cases in which the immovable property is located within the local borders of the ‘separate courts’ jurisdiction. If the case is brought for compensation or relief for the wrong caused to immovable property within the jurisdiction of two or more courts, the action can be brought before any court within the local jurisdiction of which a portion of the property is located. However, with regard to the importance of the subject-matter of the suit, such a court is cognizable of the entire allegation.
Section 18
Section 18 of Code of Civil Procedure 1908 “Place of institution of suit where local limits of jurisdiction of Courts are uncertain”
(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect, and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an Appellate or Revisional Court at a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of Justice.
Place in an entity where the jurisdiction of the courts is unclear where there is doubt as to the local boundaries of the jurisdiction of the courts, and any court has found that there is a cause for uncertainty, record the statement and can continue with the case in order to entertain and dispose of the case. The decree passed by that court would have the same effect as if the land were located within its jurisdiction’s local limits. In a case in which the statement is not reported by the court taking cognizance of the case and the opposition is brought before the Appellate or Revisional Court, the Appellate or Revisional Court shall not accept appeals unless it is convinced that there was no fair basis for doubt as to the jurisdiction of the Court of Appeal at the time of the institution of the suit and that there was an inadequacy of justice.
Section 19
Section 19 of Code of Civil Procedure 1908 “Suits for compensation for wrongs to person or movables”
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.[4]
Where the suit is for the person or property caused by the error. If the wrong was done within the local borders of one court’s jurisdiction. Within the local limits of the jurisdiction of another court, the defendant voluntarily lives or carries on his business or operates for personal benefit, then the plaintiff has a choice to file in either court. For example, If Raj who resides in Kolkata breaches the right of Suraj, who resides in Gujarat, then Suraj can sue either in Kolkata or Suraj and not in Delhi.
Section 20
Section 20 of Code of Civil Procedure 1908 “Other suits to be instituted where defendants reside or cause of action arises”
Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction-
(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Explanation I.-Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.
Explanation II.-A corporation shall be deemed to carry on business at its sole or principal office in {Subs. by Act 2 of 1951, s.3, for “the States”.} [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.[5]
Section 20 is a residuary section which states that the cause of action can arise if there is a breach of contract or business transactions, if there is a breach of contract or a cause of action within the local limits of one court’s jurisdiction or the defendant lives willingly, carries on his business or works for personal benefit within the local boundaries of the jurisdiction of another court. For example: If Rohit is a manufacturer of clothes and Sonam is the retailer of clothes, former in Sonepath and later in Gandhinagar, and Sonam via her agent gets into transaction with Rohit (agent lives in Banglore), the suit can arise in either Sonepath where the action was initiated or in Gandhinagar where Sonam resides.
Section 21
Section 21 of Code of Civil Procedure 1908 “Objections to jurisdiction”
No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.[6]
If the objection relates to the position of the suit:—
The Fiscal Boundaries
The authority of the executing court with respect to the local boundaries of its jurisdiction shall not be brought before the Court of First Instance, before arbitration or in the event of a settlement, and no objection shall be given to the Revisional Court or to the Appellate Court, unless there is a lack of justice.
Non-Applicability
Jurisdiction of Territories and pecuniary jurisdiction
If the court makes a mistake in entertaining the case with respect to pecuniary or territorial authority, the ruling of that court will not be invalid, but will be treated as an unconstitutional exercise of jurisdiction.
Section 21 A
Section 21A of Civil Procedure Code of India – Bar on suit to set aside decree on objection as to place of suing.[7]
No action against the validity of a decree passed in an earlier suit among the same parties or between the parties adjudicating under the same title shall be brought on any ground dependent on an objection as to the place of proceedings.
Place of suing is a very significant and helpful chapter in Civil Procedure code which clarifies for the victims the place of trial and helps deciding jurisdiction.
Conclusion
The Indian legal system has followed the basic principle of English law that, whenever there is a right, there is a remedy. It means that if a person’s rights are infringed or curtailed or the person is prevented by someone from enjoying the rights so guaranteed to him, some judicial forum must have the power to adjudicate on the matter and the rights so guaranteed. In order to restore the rights or claim compensation or damage sustained, the individual must approach the appropriate forum that has the power to adjudicate on the matter and award the relief so intended. To deal with that matter, the forum must have jurisdiction. Section 15 – 25 of The Code Of Civil Procedure, 1908 governs the Place of Suing of Civil Suits and provide with a basic concept for the Jurisdictions of Civil Courts. The conception of the place of suing is of significant nature as it helps for the determination of the jurisdiction of each court. It guides the plaintiff as to where to file a suit. It helps in optimizing the time of the court in determining the jurisdictions.
References
- The Code of Civil Procedure, 1908, sec – 15 ↑
- The Code of Civil Procedure, 1908, sec – 16 ↑
- The Code of Civil Procedure, 1908, sec- 17 ↑
- The Code of Civil Procedure, 1908, sec -19 ↑
- The Code of Civil Procedure, 1908, sec – 20 ↑
- The Code of Civil Procedure, 1908, sec – 21 ↑
- The Code of Civil Procedure, 1908, sec – 21 (A) ↑
