If your case is of civil nature then which court should you go to
New Delhi :- If your case is of civil nature, in which court do you have the right to file this article will give you the answer to your question, if you are a victim, then know that every person suffering from civil nature has the right to file a suit in the court for remedy.
Litigation can be judged on the basis of nature, subject matter and nature of dispute.
Section 15 – 20 of the Civil Procedure for the institution of suits is mentioned which shows where the suit will be instituted.
First of all the suit will be instituted in the category of the lowest court which is competent to try that case. Section 15 provides for this rule and procedure. The purpose of presenting the suit in a lower class court is to facilitate the parties and to save the High Court from the burden of suits.
The competence of a lower class court is determined on the basis of the subject matter of the suit, their evaluation, if a decree is passed against it, then it will be in figure and void.
Generally, the economic jurisdiction is determined on the basis of the evaluation of the suit, if the plaintiff evaluates his suit less and more, then it will be unfair, in such cases the duty of the court is to give proper evaluation of the suit under Order 7 Rule 11 of the Code. Also order to be produced in the appropriate court
At the same time, the court can also order the plaintiff to prove the valuation of the suit to be true.
If the objection regarding economic jurisdiction is raised by the defendant, then it is the duty of the court to investigate properly and pass appropriate orders.
A fact that economic jurisdiction cannot be raised directly before the Court of Appeal and Revision Haven’t happened.
Cases to be instituted where subject matter is situated
Section 16 of the Code of Civil Procedure provides that a suit shall be instituted where the subject matter of the suit is situated viz.
- For acquisition of immovable property
- For division of immovable property
- For foreclosure of immovable property
- For rights to immovable property. Etcetera
Property described in this section means property which is situated in India
Section 17 of the Code of Civil Procedure holds that when a property is situated within the limits of two courts, a suit can be instituted in either court,
Section 18 of the Code of Civil Procedure stipulates that if the property in dispute is situated within an uncertain boundary of two courts and the suit for the property is admitted by any court, the cause of uncertainty shall be recorded and the decree passed by that court shall be recorded the same. effect as if the property is situated within the limits of that Court.
If the suit is instituted for compensation against bodily or movable property, the suit may be instituted at the option of the plaintiff.
- Where the plaintiff resides
- Where the plaintiff conducts business
For example see an illustration from a law book (a) who is a resident of Delhi (b) beats in Calcutta B can sue either at Delhi or Calcutta
Illustration proves that the suit shall be instituted where the plaintiff or the subject matter of the suit is the situation whether the defendant or any property in dispute.
Now if you are from law field read legal language:
According to Civil procedure code
Place of suing
- Court in which suits to be instituted .-Every suit shall be instituted in the Court of the lowest grade competent to try it.
- 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.
Explanation .-In this section “property” means property situate in [India].
- Suits for immovable property situate within jurisdiction of different Courts .-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 situate:
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court.
- 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 if 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 that 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.
- 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.
- 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.
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[ Explanation ].-A corporation shall be deemed to carry on business at its sole or principal office in [India] or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.