Jurisdiction of Courts - Court of Lowest Grade Competent to Try

Jurisdiction of Courts

What do you understand by the jurisdiction of court? Every suit shall be instituted in the court of lowest grade competent to try it- discuss mentioning the relevant laws.

Jurisdiction of a court:

Jurisdiction of a court means such power of a court, based upon which the court may take cognizance, dispose, order and enforce the judgment by executing a decree.

Every suit shall be instituted in the court of lowest grade competent to try it-

According to s.15 of the Code of Civil Procedure, every suit shall be instituted in the court of lowest grade competent to try it. S.15 describes the general principle of filing the suit in a court. However, to determine the court of lowest grade competent to try it, the pecuniary jurisdiction of the court is to be taken into account. Because, the court of lowest grade is to be determined by the pecuniary jurisdiction of the court. Example- The court of lowest grade competent to try a suit valuing up to 15 lac taka is the Assistant Judge.

According to section 6, no court shall try any suit the subject-matter of the suit exceeds the pecuniary jurisdiction of the court. The object of section 15 is to reduce the backlog of case of the higher courts. Because, if all the suits are filed in the same court, the higher courts shall be steadied by the backlog of cases. Therefore, every suit shall be filed to the court of lowest grade competent to try it.

What is the limit of pecuniary jurisdiction of a District Judge in an appeal? In an appellate jurisdiction, a civil court can only take the legal issue into account- do you agree? Explain.

Pecuniary Limit of a District Judge:

According to section 21 of the Civil Courts Act, 1887 the pecuniary appellate jurisdiction of a District Judge is up to 5 crore taka.

In applying the appellate jurisdiction, the appellate court can only take the legal issue into account- do you agree with the proposition?

Appellate Jurisdiction

I do not agree with the statement that in applying the appellate jurisdiction, the appellate court can only take the legal issue into account. Because, the appellate court can take into account the legal issue along with the factual issue. Because, s. 107 of the Code of Civil Procedure in providing the jurisdiction of the appellate court, has empowered it to dispose of the suit finally. Therefore, in applying the appellate jurisdiction, the appellate court shall take both the legal issues and the factual issues into account for disposing of the suit finally.

 P is a patient who is a resident of Noakhali District. P buys some medicine from the shop of R at Chittagong in accordance with the prescription of Q working in Chittagong. P dies in Lakshmipur after taking those medicines. A pharmacist from Dhaka informs the son of P that those medicines were made in a factory of S, situated in Dhaka, with elements supplied by T, who resides in Kushtia, and those medicines were adulterated. The son of the deceased wants to sue. In such a case, in which court, against whom and which kind of suit may be filed? Describe.

Facts:

✓P is a patient who resides in Noakhali.

✓P bought some medicine from the shop of R situated in Chittagong in accordance with the prescription of Q, a doctor who resides in Chittagong.

✓P dies after taking those medicines.

✓A pharmacist in Dhaka informs the son of P that those medicines were made in the factory of S, situated in Dhaka, with the elements supplied by T, who resides in Kushtia.

✓The son of the deceased wants to sue.

In which court the suit can be filed:

The son of the deceased can file a suit in a court of competent jurisdiction situated in Lakshmipur, Chittagong or Dhaka.

Which kind of suit may be filed:

According to section 19 of the Code of Civil Procedure, a suit for compensation may be filed.

Against whom the suit may be filed:

The plaintiff may file a suit against Doctor Q, the seller of the adulterated medicine R, the producer of the adulterated medicine S, and against T for supplying adulterated goods.

Relevancy of my answer:

According to s. 19 of the Code of Civil Procedure, 1908, a person can sue for compensation-

✓Where the cause of action arises, or

✓If the defendant resides in the territorial jurisdiction of another court-

✓Where he resides or

✓Where he does business or

✓Where he works for gain.

✓The plaintiff may sue for compensation in any of the two courts.

Therefore, the son of the deceased can sue in Lakshmipur, because his father died there, i.e. the cause of action arose there, or in Chittagong, where the doctor Q works, and the seller of the medicine R works, or in Dhaka where S produced the medicine or in Kushtia where the supplier of the adulterated goods, T resides.

As in this suit, more than one person shall be the defendants, s.20 of the Code of Civil Procedure is relevant here. According to s. 20, where more than one defendants reside in different areas, the suit may be filed in any court where any one of them resides, does business or works for gain. However, in such case the prior permission of the Court, or the consent of the other defendants is necessary.

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