Civil Suits Jurisdiction and Procedures
Suits of a Civil Nature:
By sec 9 of the act, the court shall have jurisdiction to try all suits of a civil nature unless their cognizance is either expressly or impliedly barred. Thus, a suit which is not of a civil nature is not maintainable in a civil court. A suit in which the right to property or to an office is contested is a suit of civil nature. In a suit, if the principal question relates to caste or religious rites or ceremonies, it is not a suit of civil nature. But if the principal question relates to the right to property or an office and the adjudication incidently involves the determination relating to caste, religious rites, or ceremonies, it does not cease to be a suit of a civil nature. KANJI V. BHIKA, SHANMUGAM V. CHIDAMBARANTHANU MUDALIAR
Stay of Suit (Doctrine of Res Sub Judice) Sec 10 CPC
The object of this sec is to prevent two courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter in issue. It is to avoid conflict of decisions or contradictory decrees in respect of the same subject matter. Conditions:
- There must be two suits, one previously instituted and the other subsequently instituted
- The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suits
- Both suits must be between the same parties or their representatives
- The previously instituted suit must be pending in the same court in which the subsequent suit is brought
- The court in which the previous suit is instituted must have the jurisdiction to grant the relief claimed in the subsequent suit
- Same parties must be litigating under the same title in both the suits. STATE OF RAJASTHAN V. KALYAN SUNDARAM INDS. LMTD: the SC held that a civil suit can be instituted during the pendency of criminal proceedings initiated under the Negotiable Instrument Act
Doctrine of Res Judicata (Estoppel by Record or Constructive Res Judicata)
Sec 11 of the CPC embodies the doctrine of res judicata. It enacts that once a matter in issue is heard and finally decided by a competent court, no party to the dispute can reopen it in a subsequent litigation. In the absence of such a rule, there will be no end to litigation, and the parties would be put to constant trouble and expenses. Conditions:
- The matter in issue in the subsequent suit must be the same matter which was directly and subsequently in issue
- The matter in issue in the subsequent suit must have been heard and finally decided by the court in the former suit
- The court which decided the former suit must be a competent court to try the subsequent suit
- The parties to the subsequent suit and former suit must be litigating under the same title
- The former suit and subsequent suit must be between the same parties or between parties under whom they or any of them claim. Res judicata is based on 3 maxims: a) no man should be vexed twice for the same cause b) it is in the interest of the state there should be an end to litigation c) a judicial decision must be accepted as correct. SATHYADHAYAN V. DEORAJIN DEBI, STATE OF MAHARASHTRA V. NATIONAL CONSTRUCTION CO
Place of Suing
A suit which is of a civil nature is maintainable in a civil court; it may be of different types, related to movable or immovable properties, based on contracts or torts. There are a number of civil courts established in each state for trying civil suits. Each court has its own pecuniary jurisdiction and territorial jurisdiction.
Pecuniary Jurisdiction:
A Munsiff’s court is competent to try a suit if the amount or value of the matter does not exceed one lakh rupees. Subordinate judges have unlimited pecuniary jurisdiction. District courts also have unlimited pecuniary jurisdiction. Sec 15 of CPC deals with it.
Territorial Jurisdiction:
The district court has jurisdiction to entertain a suit if the cause of action for the suit has arisen within the district. Each subordinate judge’s court and munsiff’s court is competent to try a suit if the cause of action for the suit has arisen within its territorial jurisdiction. The territorial jurisdiction of each subordinate judge’s court and munsiff’s court extends to certain villages as notified by the state govt. Sections 16-20 of the CPC deal with it.
Suit to be Instituted in Court of Lowest Grade (Pecuniary Jurisdiction)
By sec 15 of the code, every suit shall be instituted in the court of the lowest grade competent to try it. This section contains a rule of procedure. The object underlying this provision is to see that courts of higher grades shall not be overburdened with suits. In the state of Kerala, district courts, subordinate judges’ courts, and munsiffs’ courts are established for the purpose of trying civil suits. These courts are established under the provision of the Kerala Civil Courts Act 1957. The jurisdiction of a munsiff court extends to all suits in which the amount or value of the subject matter does not exceed 10 lakh rupees; thus, a munsiff court is competent to try suits of which the value of the subject matter does not exceed 10 lakh. Bishop Doctor Mathew Mar Savarios vs Thankachan 2001
Suits to be Instituted for the Subject Matter Situate (Territorial Jurisdiction)
Section 16 lays down that, subject to pecuniary limitation:
- Suits for removal of immovable property with or without rents or profits.
- Suits of partition of movable property.
- Suits for foreclosure, sale, or redemption in case of a mortgage of immovable property or charge upon immovable property.
- Suits for determination of any other right to or interest in immovable property.
- Suits for compensation for wrong to immovable property.
Thus, if the suit is one for compensation for the wrong done to the immovable property, it can be instituted in a court within whose jurisdiction a) the property is situated b) the defendant resides c) carries on business d) personally works for gain.
Cause of Action
Cause of action refers to a bundle of essential facts which a party has to prove to get a relief in his favor. The expression cause of action means the cause or the set of circumstances which lead up to a suit. It refers to the facts which give rise to a right of action. In other words, cause of action refers to the existence of a set of facts which entitles a party to seek redress in a court of law. Every fact which the plaintiff has to prove to enable him to a judgment of the court is called cause of action. Shipping Corporation of India Ltd vs Associate Corporation Ltd 1987: held that cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to enable him to a judgment of the court.
Transfer of Suits Sec 23 to 25
It deals with the transfer of suits, appeals, and other procedures from one court to another.
1. Transfer on the Application of Defendant
Sec 22 & 23: The defendant may, after notice to the other side at the earliest opportunity, apply to a court to transfer the suit from the court in which it is filed to another court. If the several courts having jurisdiction are subordinate to the same appellate court, an application for the transfer of the suit shall be made to the appellate court. If the courts are subordinate to different appellate courts but to the same higher court, the application shall be made to the said high court. If such courts are subordinate to different high courts, the application shall be made to the high court within the local limits of those jurisdictions the court in which the suit is brought is situated.
2. General Powers of Transfer and Withdrawal Sec 24
It gives power of transfer and withdrawal to the high court and district court. On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard or of its own motion without such notice, the high court or the district court may at any stage transfer any suit, appeal, or other proceedings pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same, withdrawal of any suit, appeal, or other proceedings pending in any court subordinate to it and try or dispose of the same or transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same or retransfer the same for trial or disposal to the court from which it was withdrawn.
3. Power of Supreme Court to Transfer Suit Appeal etc
Sec 25 to transfer from one court in a state to another court in any other state. There should be an application from a party to the pending suit, appeal, or other proceeding. The application should be to transfer the pending proceedings from a high court or civil court in any other state. Notice of the application should be given to the other side.
Different Stages of a Suit
1. Institution of Suit: A suit is to be instituted by presenting a plaint to the court or an officer appointed in that behalf. 2. Issue and Service of Summons: The next step after the admission of the plaint is that the court issues a summons to the defendant to appear and answer the claim of the plaintiff. 3. Written Statement: At or before the first hearing or within such time as the court may permit, present a written statement of his defense dealing with each allegation. 4. The right of a party to the suit to compel the opposite party to disclose the nature of his case and all documents in his possession or power relevant to the issue in the suit is called discovery. 5. First Hearing and Striking of Issues: If neither party appears when the suit is called on for hearing, the court may dismiss the suit. If it is found that the parties are not at issue on any question of law or fact, the court delivers the judgment. 6. Production of Evidence: The party having the right to begin states his case and produces his evidence in support of the issues; then the other party states his case, produces his evidence, and addresses the court on the whole case. 7. Judgment: After the case is heard, the court may pronounce judgment at once or it may reserve its judgment and deliver the same on any future date. 8. Decree: After the judgment is pronounced, the successful party applies to the court for the drawing up of a decree, which is drawn up by an officer of the court. 9. Execution: It is the final stage of the suit. It means employed in the process of law to make an application in writing to the execution court when proceedings in execution are commenced.
Institution of Suits
Particulars in plaint, when a court can return or reject a plaint? Sec 26{1}: Every suit shall be instituted by the presentation of a plaint or in such manner as may be prescribed by sec 26{2} in every plaint, facts shall be proved by affidavit. Particulars to be contained in plaint: 1. The name of the court in which the suit is brought 2. The name, description, and place of residence of the plaintiff 3. A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fees 4. Same details of the defendant 5. The fact constituting the cause of action and when it arises 6. The relief which the plaintiff claims 7. A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of court fees. Sita Sidramappa v Rajacheery: it was held that if no claim for mesne profits at a rate higher than what is stated in the plaint.
Return of the Plaint
If the court has no jurisdiction, it has to return the plaint to be presented to the court in which the suit should have been instituted. In all cases where a court is unable to entertain the suit for want of jurisdiction – territorial, pecuniary, or other causes, the court has to return the plaint. The court can return the plaint at any stage of the case (even at the stage of argument).
Rejection of the Plaint
In the following cases: a) if it doesn’t disclose a cause of action b) if it is not filed in duplicate c) if the relief claimed is undervalued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so. d) if the plaint is on insufficiently stamped paper and the plaintiff, on being required by the court to requisite stamp paper within a time to fixed by the court e) if the plaint fails to comply with the provisions of rule 9.
Representative Suit
The general rule is that all persons interested in a suit ought to be joined as parties to it so that the matters involved therein may be finally adjudicated upon and fresh litigations over the same matters may be avoided. Rule 8 is an exception to this general principle. It provides that when there are a number of persons similarly interested in a suit, one or more of them can, with the permission of the court upon a direction from the court, sue or be sued on behalf of themselves and others. Conditions: 1) numerous persons 2) same interest 3) permission or direction by court 4) notices. Res judicata: if a representative suit is brought and a decree is passed in such a suit, the law assumes that all persons who have the same interest in the suit were represented by the plaintiff or the defendant, and the decision would operate as res judicata.