Jurisdiction Under Civil Procedure Code

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Submitted By charanmonika
Words 10571
Pages 43
TABLE OF CONTENTS 1. Chapter-1: Introduction……………………………………………….………2 2.1. Jurisdiction: meaning; 2.2. Jurisdiction and Consent. 2. Chapter-2: Kinds of Jurisdiction………………………...…………...........…..5 3.3. Territorial or local Jurisdiction; 3.4. Pecuniary Jurisdiction; 3.5. Subject Matter Jurisdiction; 3.6. Original and appellate Jurisdiction. 3. Chapter-3: Lack of Jurisdiction and Irregular jurisdiction……………..…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles.

5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no:
5.4.1. Territorial jurisdiction;
5.4.2. Pecuniary jurisdiction;
5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35

The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same coin an they cannot be dissociated from each other. Accordingly, a litigant having a grievance of a civil nature has a right to institute a civil suit in a competent civil court unless its cognizance is either expressly or impliedly barred by any statute. A suit for its maintainability requires no authority of law and it is enough that no statute is bars it. 1.1. Jurisdiction: Meaning…...

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