Place of Suing in CPC

Place of suing in CPC has been provided under sections 15 to 21A of the Civil Procedure Code, 1908. Whereas, the term 'place of suing' signifies the venue for the trial of the civil matters.

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Place of Suing in CPC

However, the place of suing CPC is provided in section 15 of CPC, which deals with the pecuniary jurisdiction, sections 16 to 18 deal with the suing for immovable property, section 20 deals with a residuary or cause of action arising, section 21 deals with the waiving of defects and section 21A deals with the bar to challenge the decree passed in the former suit. These are the provisions of the place of suing in CPC.

Therefore, the place of suing is classified on the basis of the kinds of jurisdiction. The place of suing is based on;

Pecuniary Jurisdiction (Sec. 15)
Territorial Jurisdiction (Sec. 16 to 20)

Pecuniary Jurisdiction

Section 15 of the Code of Civil Procedure, 1908 states that every suit must be instituted in the lowest grade of a competent court to try a suit of civil nature.

The jurisdiction of a court under this section is determined by the plaintiff's valuation of the suit and it does not depend on the amount for which the court will finally pass the decree.

Whereas, the word' competent' in section 15 signifies that with respect to the pecuniary authority, the court must be competent and have the capacity to hear the case.

The main objective of this is that the suit has to be filed within a lower and competent court and that the suit did not have to be filed directly into the Higher Court if the suit can be filed in the lower court.

Example - The valuation of the suit of the plaintiff is Rs. 1,00,000/- therefore the suit can be triable and entertained by the Small Causes Court or Civil Judge Junior Division and there is no need to file that case in the High Court.

Territorial Jurisdiction

The territorial jurisdiction of the civil court has been provided in sections 16 to 19 of the Civil Procedure Code, 1908. For better understanding the territorial jurisdiction of suits can be classified into;

Immovable Property (Sections 16 to 18)
Movable Property (Section 19)

Immovable Property

As per section 16 of CPC, it is stated that there are certain types of suits for which the forum of filing suit is the place where the property is situated and the 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 the foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) or 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 the movable property actually under distraint or attachment,

shall be instituted in the Court within the local limits of whose jurisdiction the property is situated:

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 situated, 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.

Explanation. - In this section “property” means property situated in India.

Section 17 of CPC, Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated:

Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court.

Further, it is stated the 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.

Section 18 of Civil Procedure Code, 1908,

(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 situated, 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 if the property situated 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 that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situated, 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.

Movable Property

Section 19 of CPC, Where a suit is for compensation for the 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.

This section provides where the suit is for the property or persons' rights caused by the error. If the wrong was done within the local jurisdiction of the two civil courts, then the defendant voluntarily lives or carries on his business or operates for his personal benefits then the plaintiff has a matter of choice to file a suit in either court.

For example, if A breaches the right of B whereas A resides in Mumbai and B resides in Delhi then A can file suit against B in Mumbai or Delhi but not in Gujarat.

Moreover, it is provided that the cause of action can arise when there is a breach of contract. If there is a breach of contract or cause of action within the local jurisdiction of the two civil courts then the defendant voluntarily lives or carries on his business or operates for his personal benefits then the plaintiff has a matter of choice to file the suit in any one of the courts.

Example- A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi. This is an example of a place of suing in CPC.

Objections as to Jurisdiction

The objections to the jurisdiction of the court to entertain the suit have been provided under section 21 of the Civil Procedure Code, 1908. The objections to the suit and proceeding can be classified into different types and these are;

Objections as to Territorial Jurisdiction

As per section 21(1) of the Civil Procedure Code, 1908, it is stated that '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 the 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.'

Further, it provided that the suit be filed within the place at which the civil wrong was committed and if the civil wrong is committed beyond the local jurisdiction of the court then the suit can be entertained by the competent court in whose territorial jurisdiction the civil wrong has been committed.ng

Objections as to Pecuniary Jurisdiction

As per section 21(2) of the Civil Procedure Code, 1908, it is stated that No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of the 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.'

Further, it is provided that the civil wrong is committed within the jurisdiction of the lower court, but the valuation of the suit is high and not triable by the lower court, therefore, such a suit can be triable by the Higher Court within the jurisdiction and the lower court could not entertain the suit because the lower court has not pecuniary jurisdiction to entertain the suit.

Objections as to Subject Matter Jurisdiction

As per section 21(3) of the Civil Procedure Code, 1908, it is stated that 'No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.'

Further, it is provided that if in the suit the subject matter is not come under the territorial jurisdiction of the court but come under another competent court then the previous court has no jurisdiction to entertain the suit.

As per section 21A of the Civil Procedure Code, 1908, it is stated that 'No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.'

Explanation - The expression “former suit” means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.

Further, it is provided that the objection to the proceedings has to be filed at the earliest opportunity possible and before the framing of issues.

Frequently Asked Questions

When objection as to the place of suing shall be taken?

The objection as to the place of suing shall be taken as possible at an earlier stage and before the framing of issues, as per section 21 of the Civil Procedure Code, 1908.

What is a place of jurisdiction?

Jurisdiction generally means the power or authority of the court of law to hear and determine a cause or a matter. In simple words, jurisdiction is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision.

Where are suits filed?

As per section 19 of CPC, it is stated that the suit can be filed either in the Court in whose jurisdiction the alleged wrongs were committed or in the Court in whose jurisdiction the defendant resides, carries on business, or personally works for gain.

Where and in what place of suing to be instituted?

Section 16 of CPC deals with such cases and the jurisdiction of competent courts where such suits can be instituted. Under the said provision, a suit can be instituted where the property is situated. No Court other than the Court where the property is situated can entertain the such suit.

Conclusion

Place of suing in CPC has been provided under sections 15 to 21A of the Civil Procedure Code, 1908. Whereas, the term 'place of suing' signifies the venue for the trial of the civil matters.

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Place of Suing in CPC