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The exclusion of jurisdiction of a civil court to entertain civil cases
Question: The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred- evaluate the statement in the light of section 9 of the Code of Civil Procedure.
Answer:
The exclusion of jurisdiction of a civil court to entertain civil cases should not be readily inferred. Section 4 read with section 9 of the Code of Civil Procedure, implies that although a civil court has jurisdiction to try all kinds of civil suits, if anything otherwise is mentioned in a special law and that law prescribes any jurisdiction to try any civil matter, then that special law should be followed. The general provision is, a civil court shall try all suits of civil nature. However, it should not be considered that the mere presence of any exclusion clause in a special law shall exclude the jurisdiction of a civil suit. If the jurisdiction of civil court is barred, the court is empowered to decide taking into account the following matters-
1.Whether the proceedings are taken following the special law properly?
2. Whether the provision of the special law are misused?
3. Whether any established principle of equity is followed or breached?
A special law although withhold the jurisdiction of civil court, a civil court has the power to see whether it is barred to take cognizance of a civil suit or not. Where no remedy can be given to the plaintiff under any special law, in that case the suit may be filed to the civil court. If a court instituted under a special law provides any judgment or order dishonestly or against justice, then the suit may be filed to the civil court for the relief. Therefore, the exclusion of the jurisdiction of a civil court to entertain civil suits should not be readily inferred.
Question: A and B does business consecutively in Dhaka and Chittagong. B through his agent in Dhaka buys a product from A and A delivers the product through Bangladesh Biman. B denies to pay the value of the products to A. A wants to sue against B to recover the money. Where can A file the suit? Describe the jurisdiction of the court in this context.
Answer:
Fact:
A and B consecutively does business in Dhaka and Chittagong. B buys product from A through his agent in Dhaka and A delivers those products to B through Bangladesh Biman. B denies the payment of the value of the products to A. A wants to sue against B for the recovery of money.
Issue:
Where can A sue?
Relevant law:
S.20 of the Code of Civil Procedure is the relevant law.
Analyze and conclusion:
It may be mentioned that although ss. 16 to 19 of the Code of Civil Procedure describes territorial jurisdiction of the court for some matters, s.20 discusses the territorial jurisdiction of the court in other matters. In the given problem, the court in which the suit is to be filed is discussed in s.20. This section states that the suit is to be filed where the defendants reside, or does business or works for gain, or the cause of action arises. In the present case, A and B consecutively have business in Dhaka and Chittagong. B buys products through his agent in Dhaka from A and A delivers those through Bangladesh Biman. B denies the payment of the value of the products to A. A wants to sue against B for the recovery of the money.
In such case, it can be said that A can sue against B for the payment of the payment of the values of the products in Dhaka, where the cause of actions has arisen, or in Chittagong, where B runs his business.
Question: When an objection to the jurisdiction of the court may be raised? Can an objection be raised before an appellate or a revisional court? Discuss mentioning the relevant provisions of law.
Objection in Appellate or Revisional Court:
According to section 21 of the Code of Civil Procedure, any objection to the jurisdiction of the court is to be raised at the earliest opportunity in the court of first instance and at the time of settlement of the issues or before such settlement. If the objection as to the jurisdiction of the court is not raised at the earliest opportunity, it shall be deemed to have been waived.
According to s.21 of the Code of Civil Procedure, no appellate or revisional court shall accept any objection as to the place of suing. However, where there is a failure of justice or for the ends of justice, the appellate or revisional court may grant an objection as to place of suing.