ASSIGNMENT -1

CODE OF CIVIL PROCEDURE

Name: Mahnur Irfan

Semester: 7th / Law

Submitted to: Miss Mahnoor

Date: 26th September 2019

TOPIC

Explain the concept of jurisdiction regarding territorial and pecuniary jurisdiction

Jurisdiction

Section 9 of CPC deals with jurisdiction. The court have the jurisdiction to try all the suits of civil
nature except any bar is imposed impliedly or expressly. It basically explains that the civil courts
have the power to listen and adjudicate all the matters related to civil jurisdiction. In order to get
the remedy, there must be an infringement of civil right.

There is a maxim known as ubi jus ibi remedium 1which simply means where there is a right
there is a remedy. It is the basic point on which section 9 depends. On the infringement of the right,
aggrieved party goes to court and the remedy is provided to it.

Any judge who is under the civil capacity must award the cost to party in whose favor decision is
given because of the inconvenience the party suffered to attain his own right back.

Jurisdiction of court is determined initially by the recital in the plaint where the defendant
controverts the jurisdictional fact, the court will have to determine its jurisdiction initially. Civil
courts have the power to determine the power of their own jurisdiction. For this purpose, they have
to look into the facts in order to decide their jurisdiction.

Civil judge can hear and decide the cases which areas are given to him or allocated to him under
the map. Jurisdiction can also arise where the

• Plaintiff resides
• Cause of action arise 2

When the civil courts do not have any jurisdiction, the plaint would be returned by the court under
Order 7 rule 103, thus the civil court would not have the authority to decide on any matter on the
basis of merits.

Civil courts also have the jurisdiction to determine whether the courts of special jurisdiction are
according to the law or not, or within the limits which are prescribed to them. When any decision
has been made by the civil court having a jurisdiction then it would be aa binding on the parties

1
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
2
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
3
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
whether it is right or wrong. If a party is not satisfied with the decision of court, then the following
remedies can be taken by the aggrieved party;4

• Appeal
• Revision
• Repeal

If the civil court do not have any jurisdiction and decides the case its decision will be considered
as nullity in law and ineffective5. The court have the power to set aside the decision which has
been given the court having no jurisdiction. There is a difference between void order which is
nullity and avoidable order 6 , first one is basically an order that has been made by the court which
is not competent according to the jurisdiction with regard to that area. Whereas an avoidable order
is one which is given by court having a jurisdiction, but it is not in legal manner and this type of
decision is set aside as the sufficient cause has been shown 7. There are both direct and indirect
methods which are used to determine the validity of a decision that has been given by a court

Classification

Civil court judges are of 3 types

1- First class judge

2- Second class judge
3- Third class judge

Thus, it can be said that there are certain cases other than of civil nature cannot be entertained by
the civil court judge as the express or implied bar is imposed on judges not to hear such cases
which are out of their jurisdiction.

Rights of Civil Nature8

Civil rights are rights which are given to person as a resident or a citizen of the state. These rights
are those which exist at the common law or which are created by the statute law. It includes the;

4
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
5
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
6
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
7
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
8
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
1- Right to property, it involves tangible and non-tangible things
2- Right to office, it should be religious or scholar. The right to office incudes where the duties
are attached to it. These duties must be performed by a person who holds the office, or they
could be enforceable by law. The absence of duty does not involve it is an office. So, in simple
words we can say that right to office is involved in the suits of civil nature

Examples of Proceedings of Civil Nature 9

1- Right of worship
2- Right to take out procession
3- Right to the discharge functions attached to an office
4- Right to seek contribution
5- Right to the specific performance of an agreement
6- Claim for damages arising out of contractual relationships.
7- Setting aside election of a director
8- Right to inheritance and legitimacy
9- Question of title
10- Right to preemption
11- Rights related to religious property
12- Right to use highway
13- Right to kill one’s cattle
14- Right to recover rent
15- Disputes arising out of trademarks and trade names.
16- Enforcement of right to privacy
17- Enforcement of right of light and air
18- Suite to challenge the vires of law
19- Suit for declaration that plaintiff is real owner and defendant is benamidar
20- Declaration regarding parentage

Section 10 stops the civil court to assume its jurisdiction

9
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
this section aims at avoiding the parallel litigation. This section basically talks about that the same
suit cannot be filed by the same party on the same cause of action in a different bar, the bar is on
the civil court that it would not entertain such case as the suit is already pending in another
competent court. There are five essentials of this section;

• issue is same in the suits

• the former suit is still pending and its decision is not given by judge.
• The court in which the suit is pending is capable of giving the relief
• Suit must be between same parties
• Suit must be filed under same title

Bars on Civil Court

There are two types of bars on civil court

1- Expressed bar and

2- Implied bars

1- Expressed Bar

According to section 9 there is an expressed bars on court that they have no jurisdiction to listen
some of the matters which are out of their authority.

• Family courts; Civil courts are under no authority to adjudicate the matters of family, their
matters are listen and decided in the family courts10
• Criminal courts; criminal courts adjudicate related to matters of death and any such offence,
criminal court can not adjudicate such matters as it would in fact amount to a trial of criminal
charge
• Revenue courts; these courts have jurisdiction to listen to matters related to rent, tenancy act,
revenue and partition of agricultural land. The revenue authorities are more better authorities.
The civil court jurisdiction is barred up to the extent of revenue laws. 11

10
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
11
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
• Military tribunals; any case related to the military should be heard by the military tribunals
exclusively. The civil court have no jurisdiction to adjudicate such suit which are beyond its
jurisdiction.

2- Implied bars

Section 9 recognizes the doctrine of implied bar jurisdiction12. A suit impliedly bar when there is;

• Act of State

A person can not file a suite against any act of the state which could be injurious to the person or
its property or which is the subject matter of state. An act of state is basically an act which is
adopted by state in its sovereign capacity13. Thus, the court of civil jurisdiction is impliedly bar
when the subject matter of suit is an act off state

• Sovereign Acts

A suit can not be filed by the person against any act of the sovereign authority of the state in
process of war and emergency. Thus, the civil courts have an implied bar that they have no
jurisdiction to adjudicate such case.

• Public policy

The civils courts are barred to take any action on the basis of public policy, as they have no
jurisdiction related to the matters which are injurious to the public policy. It includes the suites
which are against the government officials and servants. Thus, this bar is removed when any
government official works by exceeding his authority.

• Special Tribunal

There is an implied jurisdiction on courts on such rights which are created by statute and special
tribunals are created for the enforcement of such rights whereas these rights are not existed in

12
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
13
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
common law.14 So those rights which do not exist in common law, the civil courts are under an
implied bar they can not adjudicate such matter.

Kinds of Jurisdiction

1- Subject matter Jurisdiction

Plaintiff’s allegation is one of the vital ways to determine the jurisdiction of subject matter. If the
court finds that the allegation is not based on true facts then even after the decision of the case,
court will dismiss such suite. Example of such subject matter jurisdiction is that section 9 gives
the jurisdiction to the civil courts to determine all the suits of civil nature except those which are
expressly or impliedly barred 15.

2- Personal Jurisdiction

General rule for this type of jurisdiction is that civil courts have the right to try all the civil suits
against any person having any nationality but within their jurisdiction. But according to section 19
and 20 of Civil Procedure Code, civil court have the jurisdiction of entertaining a case against any
person who is within the territory of state. He should be residing or is doing a business under his
personal capacity within the state.

3- Appellate Jurisdiction

It is the power granted to the appellate court that it can review, amend and over rule the decision
that has been given by trial court. It may depend upon the case the appellate court may start the
case from the beginning and start its hearing and it is possible that appellate court may review the
case.

4- Territorial Jurisdiction

Section 9 explains the territorial jurisdiction as the demarcation of land, jurisdiction within the
boundary of land the area or location where civil judge can exercise his civil power. The civil
judge can exercise his jurisdiction where

• Property resides

14
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
15
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
 • Cause of action arises
• Defendant resides

Any civil judge of the local jurisdiction can hear and decide the case within its prescribed territorial
jurisdiction. If the cause of action takes place on one place and the property is situated on another
place, then the case can be transfer in the area where subject matter16 resides. The proceedings
are initiated by plaintiff and case is transferred by the defendant.

Section 16 explains that when the pecuniary and the other limitations are observed then this section
is applied

• Recovery of immoveable property , such suit will be filed in a local limit of jurisdiction
• Partition of immoveable property between legal heirs. Such suit will be filed in a court
jurisdiction of court where local limits of property is situated.
• Where there is case of redemption, foreclosure , sake or mortgage of property.
• Any right which is infringed , such case will be filed in whose local jurisdiction the right
has been violated17.
• If any wrong has been done to property
• In order to recover the immoveable property

This section contains the proviso that if wrong has been done with immoveable property then
the judge cannot provide the relief until the18 defendant appears or any person who knows the
fact and the main issue of the case.

The above given list tells that these cases can be filed where the

• Property is situated
• Cause of action arises
• Personal presence of defendant is present.

16
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
17
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
18
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
 Section 17 explains where the relief is related to the wrong that has been done to immovable
property, which is situated in the jurisdiction of different courts19, then case can be initiated in
any court within whose jurisdiction the portion of property is situated.

The court must follow the law of their pecuniary jurisdiction. Pecuniary limit should allow the
court to act of given entire plaint. The judge of pecuniary jurisdiction would be determined
according to its class. It is the responsibility of judge to decide the whole matter

Even if the aggrieved person files a plaint and the judge having less pecuniary jurisdiction
takes the matter exceeding from his jurisdiction , he will refuse to hear the case and send to
relevant case laws.

Section 18 explains where there is uncertainty on the application of jurisdiction of two or

more courts where the property is situated then any one of the courts may adjudicate the case.
Where the uncertainty is on serious level, then the statement is recorded before the civil judge
in order to proceed the case, dispose off the case and the decree given by judge would have
same effect within whose jurisdiction the property is situated.

It contains one of the conditions that the court must be competent about nature and value of
the case and the judge should not have any personal interest.

When a statement is not recorded and objection is made, other party can raise the issue of lack
of jurisdiction. Such objection must be made before the appellant court. Thus, the objection
could only be made before the judgment 20

Section 19 deals with the suits which are filed in order to get compensation when wrong has
been done to movable property or the person, if the defendant resides within the jurisdiction
of one court and the plaintiff resides within the jurisdiction of another court then the case is
filed on the option of plaintiff where he wants to proceed the case.

19
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
20
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
 This section is applicable only to the civil crimes that are committed in Pakistan and the
defendant who resides in Pakistan as well21. This section would only provide the relief if the
wrong has been done within the jurisdiction of Pakistan .

Section 20 explains that the suit will be filed within the local limits of whose jurisdiction where
the

• Defendant resides at the time of filing the suit or he carries out the business.
• Where cause of action arises
5- Pecuniary Jurisdiction

Section 9 talks about the pecuniary jurisdiction , whereas section 6 and 15 of the code puts the
limits on the jurisdiction of courts with reference to the value of subject matter of the suit. By the
notification issued under section 9 of the west Pakistan civil court ordinance 11 of 1962. An order
22
by a court having no jurisdiction has no value in law. An objection on the ground for over
valuation or under valuation is not to be entertained by the appellate or revisional court unless the
section 11 of the suits of the valuation act of 1887.

Section 6 explains that the court have the jurisdiction to adjudicate over the suits which are of the
amount of or the value of subject matter of which exceeds the pecuniary limits23 of its ordinary
jurisdiction

One of the limitation regulating the jurisdiction of civil courts is the limit placed upon its pecuniary
jurisdiction. The valuation in the plaint determines the jurisdiction of court. Valuation is
determined according to suits determination act. It is not the value of the property involved but the
value of the relief claimed which determines the jurisdiction.

However the court can interfere to correct valuation as given in the plaint as for instance where
the valuation is based upon misrepresentation and fraud. The provision of order 7 rule 11
empowers a court to order the correction of valuation .24

21
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
22
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
23
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
24
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
As a general rule the defendant plea in the written statement is not the determinative of the
jurisdiction of the court. If pending adjudication of subject matter25 of the suit increases the court
will not loose jurisdiction , for jurisdiction once obtained is not determined by a change for the
value of subject matter and court can proceed with the adjudication of the suit and decree the suit.
In this case the suit may also get transferred to a court of competent pecuniary jurisdiction under
section 24 of the Civil Procedure Code.

In awarding a decree for the future profits or accounts a court can award an amount in excess of
its pecuniary jurisdiction this rule is not applied for suit for damages which must be precisely
claimed. An order of court possessed of pecuniary jurisdiction has no value in law. Pecuniary
jurisdiction of courts is regulated by the West Pakistan Civil Court Ordinance26.

Section 15 talks about the suits which are instituted in the courts . it says that every suit shall be
instituted in the court of lowest grade competent to try to it. Section 15 to 25 deals with the
pecuniary and territorial jurisdiction of Pakistani courts with regard to property and persons within
their cognizance. 27Section 15 lays down a rule in relation to the exercise of pecuniary jurisdiction
it merely enacts a rule of procedure which does not affect the jurisdiction of court. The object
behind the provisions of section 15 is to prevent overcrowding in the courts of the higher grades
with the suits that can be disposed off by the courts of lower courts.28 If a suit is cognizable by the
court of a lower grade is filed in court of higher grade, it may be returned for the presentation to
the proper court. But if it is tried and determined by the court of higher grade the decree will be
valid and binding, as a trial before the a court of higher grade is only a irregularity which doe not
effect the jurisdiction of court. 29

Section 15 contains only a direction to the plaintiff to file a suit in the court of lowest grade
competent to try it and it does not effect the jurisdiction of a court to entertain suit of a nature
cognizable by a court of lower grade30. If the suit is instituted in the court of lower grade which
does not possess the pecuniary jurisdiction to try to it, the proceedings are null and void. There is

25
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
26
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
27
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
28
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
29
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
30
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
no restriction on the high court entertaining and trying a suit of any valuation in the exercise of its
original civil jurisdiction.

The grades of court are determined by the valuation put upon the subject matter of the suit in the
plaint on the basis of suit valuation act 188731 and not the amount found and decreed by the court.
Where satisfactory valuation is not found or possible the plaintiffs valuation is accepted. Thus the
court has the power to determine the proper valuation , where the plaintiff valuation is based upon
fraud or misrepresentation or where the plaintiff deliberately under values or over values the plaint.
Once a court assumes jurisdiction any subsequent increase in value of subject matter will not
deprive the court of jurisdiction over the suit and the court can entertain an application to execute
the decree. Where the court is replaced by the successor court lacking pecuniary jurisdiction32, the
trial cannot take place before it but it can be resumed if such a court is vested with appropriate
pecuniary jurisdiction.

Conclusion

Concluding the above discussion we can say that judges of civil jurisdiction have the right to listen
and adjudicate the matters which are of civil nature. The judge can not decide a case which exceeds
from his jurisdiction. The civil court judge is bound to give the decision under his jurisdiction.,
there are certain bars which are imposed on the jurisdiction of the civil judge these are the implied
and expressed bars. The implied bars are also known as conditional bars as they are not expressly
mentioned in the code but when a certain condition is fulfilled then these bars are applied non the
judge of civil court. Thus the most important types of jurisdiction are territorial in which the judge
is allowed to listen and adjudicate the case which is within his prescribed territory. Similarly in
pecuniary jurisdiction the court is allowed to hear the cases with in the jurisdiction and the value
of the suit. The judge of lower class is not allowed to hear the case which is above his pecuniary
jurisdiction. Thus the section 9 confers the jurisdiction to the judges of civil class to hear and
adjudicate all the matters related to the civil nature.

31
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
32
Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.
References

• Raz, A. (2019). The Code of Civil Procedure (12th ed.). Lahore.