Territorial and Pecuniary Jurisdiction of the Civil Courts.
1. Introduction
• The court’s jurisdiction is most important concept in law because it directly relates to the powers and authorities of the court that which kind of issues among the state and its citizens a court can decide under the light of rules and regulations of the state. Civil courts can decide only the civil suit such as marriage and divorce related issues or family relates issues etc.
• The court’s jurisdiction is most important concept in law because it directly relates to the powers and authorities of the court that which kind of issues among the state and its citizens a court can decide under the light of rules and regulations of the state. Civil courts can decide only the civil suit such as marriage and divorce related issues or family relates issues etc.
2. Relevant Provision
• Section 6 and 15 of the CPC deals with territorial and pecuniary jurisdiction of the civil courts.
• Section 6 and 15 of the CPC deals with territorial and pecuniary jurisdiction of the civil courts.
3. Definition of Jurisdiction
• Jurisdiction is meant an official power and authority of the courts to make a legal decision on the issues after hearing
• Jurisdiction is meant an official power and authority of the courts to make a legal decision on the issues after hearing
4. Territorial Jurisdiction
Territorial jurisdiction of the court is being explained as under according to the subject matter. Because every court is not empowered to hear every kind of case.
Territorial jurisdiction of the court is being explained as under according to the subject matter. Because every court is not empowered to hear every kind of case.
1. Territorial jurisdiction
• Territorial Jurisdiction of the court is such authority of the court which can be used by the court to decide the issue within specified geographical territory. If the court does not have territorial jurisdiction, in this case court does not have the authority to make a decision
• Territorial Jurisdiction of the court is such authority of the court which can be used by the court to decide the issue within specified geographical territory. If the court does not have territorial jurisdiction, in this case court does not have the authority to make a decision
Example
• For example, High Court of two different provinces such as Punjab and KPK may have same powers in their respective provinces, but are divided on the basis of area. Cases of the Punjab will be filed in Punjab High Court and cases of KPK will be filed in the KPK High Court.
• For example, High Court of two different provinces such as Punjab and KPK may have same powers in their respective provinces, but are divided on the basis of area. Cases of the Punjab will be filed in Punjab High Court and cases of KPK will be filed in the KPK High Court.
2. Place of suing
Following are the places of suing.
Following are the places of suing.
1. Plaintiff can sue on the place where wrong was committed
2. Plaintiff can sue on the place where wrong doer resides
3. Plaintiff can sue on the place where wrong doer does his business
2. Plaintiff can sue on the place where wrong doer resides
3. Plaintiff can sue on the place where wrong doer does his business
Example
• If Y who is living in Islamabad and gives a defamatory statement against Z who is living in Lahore, in this case it is the discretion of Z who may sue Y either in Islamabad or in Lahore
• If Y who is living in Islamabad and gives a defamatory statement against Z who is living in Lahore, in this case it is the discretion of Z who may sue Y either in Islamabad or in Lahore
5. Pecuniary jurisdiction
Pecuniary jurisdiction of the court is being explained as under according to the monetary value of the suit. Because every court is not empowered to hear every kind of case.
Pecuniary jurisdiction of the court is being explained as under according to the monetary value of the suit. Because every court is not empowered to hear every kind of case.
1. Pecuniary jurisdiction
• Pecuniary means 'related to money'. Pecuniary jurisdiction of the court is such authority of the court where pecuniary (monetary) limits on the jurisdiction of a court are defined by the law. Under this jurisdiction all courts can decide the issues according to their defined limits.
• Pecuniary means 'related to money'. Pecuniary jurisdiction of the court is such authority of the court where pecuniary (monetary) limits on the jurisdiction of a court are defined by the law. Under this jurisdiction all courts can decide the issues according to their defined limits.
2. Pecuniary jurisdiction of civil judges
Following are the pecuniary jurisdiction of the civil judges according to their grades or classes under West Pakistan civil court Ordinance ll of 1962.
Following are the pecuniary jurisdiction of the civil judges according to their grades or classes under West Pakistan civil court Ordinance ll of 1962.
A. Civil judge of 1st class
• Jurisdiction of civil judge of 1st class is defined to exercise his powers on original suits where there is no limit has been defined
• Jurisdiction of civil judge of 1st class is defined to exercise his powers on original suits where there is no limit has been defined
B. Civil judge of 2nd class
• Jurisdiction of civil judge of 2nd class is defined to exercise his powers on the suits which are valued of up to 50,000
• Jurisdiction of civil judge of 2nd class is defined to exercise his powers on the suits which are valued of up to 50,000
C. Civil judge of 3rd class
• Jurisdiction of civil judge of 3rd class is defined to exercise his powers on the suits which are valued up to 200,000
• Jurisdiction of civil judge of 3rd class is defined to exercise his powers on the suits which are valued up to 200,000
6. Other kinds of jurisdiction of courts
Following are the other kinds of jurisdiction of civil courts
Following are the other kinds of jurisdiction of civil courts
1. Personal jurisdiction
• Personal jurisdiction is also known as in personam jurisdiction. Where a court is requested to determine the defendant's rights or obligations and court has such powers to determine the right and obligations, it is called personal jurisdiction.
• Personal jurisdiction is also known as in personam jurisdiction. Where a court is requested to determine the defendant's rights or obligations and court has such powers to determine the right and obligations, it is called personal jurisdiction.
2. Appellate jurisdiction
• Appellate jurisdiction of the court is a power of a higher court to review the decisions of lower courts when aggrieved person make an appeal for it.
• Appellate jurisdiction of the court is a power of a higher court to review the decisions of lower courts when aggrieved person make an appeal for it.
3. Subject matter jurisdiction
• Subject-matter jurisdiction of the court is an authority of a court to hear cases of some specific type of subject matter such as bankruptcy court can only hear the cases of bankruptcy and terrorist court can hear the cases of terrorism only.
• Subject-matter jurisdiction of the court is an authority of a court to hear cases of some specific type of subject matter such as bankruptcy court can only hear the cases of bankruptcy and terrorist court can hear the cases of terrorism only.
7. Conclusion
• To conclude i can say that according to the laws of the state, the state has defined the jurisdiction of the civil courts, all the civil courts have been restricted to hear all kind of cases before them and a court cannot decide a case outside of its jurisdiction. There are multiple kinds of jurisdiction in the law such as pecuniary, territorial, personal, appellate and subject matter jurisdiction
• To conclude i can say that according to the laws of the state, the state has defined the jurisdiction of the civil courts, all the civil courts have been restricted to hear all kind of cases before them and a court cannot decide a case outside of its jurisdiction. There are multiple kinds of jurisdiction in the law such as pecuniary, territorial, personal, appellate and subject matter jurisdiction
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