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Place of Civil Suits in Details
Which Court is to file the case
Sections 15 to 20 of the Code of Civil Procedure control the forum for the institution of suits. It is known to us that the suits of civil nature which may be of different types. Suits may be filed in respect of movable or immovable, properties, contracts, tort, matrimonial proceedings etc. Every suit must be filed in a proper Court. Proper court will be determined on the basis of the subject matter of a suit.
Where to file the case:
Before filing a suit one should know where or before which court the suit has to be instituted. It is called place of suing. Place of institution of suits is subjected to two limitations:
(1) territorial jurisdiction of the Court; and
(2) pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Based upon the nature of subject matter, suits are divided into 3 categories. They are-
a. Suits relating to immovable property.
b. Suits relating to compensation for wrongs to person and movables.
C. Other suits.
Rules for institution of suits:
There are following rules laid down by the Code of Civil Procedure for court in which suits to be instituted. Every suit shall be lodged in the court of the lowest grade competent to try it. The object of this provisions by requiring a suitor to bring his suit in the Court of the lowest grade competent to try it, that Courts of higher grades may not be overcrowded with suits. At the same time it does not oust the jurisdiction of the courts of higher grads, but the higher grade court should give back the plaint in such cases to the plaintiff to be introduced to the court of the lowest grade competent to try it. CPC Section 15 deals with actually pecuniary jurisdiction. The expression 'lowest grades' means the Court of lowest pecuniary jurisdiction who is otherwise competent to try that particular suit and the word 'shall' is obligatory on a plaintiff.
Suits to be instituted where a subject matter situate:
Subject to the value of subject matter or other limitations laid down by any law, disputes that are for the regaining of immovable property with or without rent or profits, or suits for the division of immovable property, for sale, foreclosure or redemption of a mortgage or charge upon immovable property, for the establishment of any other right to or interest in immovable property, for repayment for wrong to immovable property, for the retrieval of movable property actually under distraint or attachment, shall be instituted in the court within the local limits of whose jurisdiction the property is situate, or, in the case of suits where the cause of action has wholly or partly arisen.
If a suit for compensation for wrong to immovable property held by or on behalf of the defendant, suits may be instituted either in the court within the local limits of whose jurisdiction the property is situate, or the property is situate at the place where the cause of action has wholly or partly arisen, or in the court within the local limits of whose jurisdiction the defendant carries on business or resides or personally works for profit. Section-16 deals with the territorial jurisdiction of the Courts in relation to the subject matter of the suit. Property indicates property in Bangladesh in this section. If immovable property situate within jurisdiction of different courts where a suit is to obtain a relief for wrong to immovable property and the property situate within the jurisdiction of different courts, the suit may be instituted in any court under whose jurisdiction any part of the property is situate provided the entire claim is cognizable by such court for the value of the subject-matter of the suit. But in cases where suit properties lie in different district, it allows the plaintiff to institute his suit in any of the court. This rule is for the benefit of plaintiffs and to prevent multiplicity of suits.
If local limits of jurisdiction of courts are uncertain, place of institution of suit:
When it is uncertain about the local limits of the jurisdiction because any immovable property is situate within territorial jurisdiction if two or more courts, suits may be instituted in any one of those courts satisfying that there is ground for the alleged uncertainly and court may proceed to entertain and dispose of any suit relating to that property. The relief given in the suit shall have the same consequence as if the property were situate within the local limits of its jurisdiction. If a statement has not been recorded and an objection is raised before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court that did not have jurisdiction where the property is situate, the Appellate or Revisional Court shall not entertain the objection unless in its opinion there was reasonable ground for uncertainly as to the Court having jurisdiction resulting failure of justice.
So where it is not certain as to within whose jurisdiction of two or more courts the immovable property is situate, any one of those courts may try the suit disputing the property after recording a statement as to uncertainty.
Suits for compensation if wrong is done to person or movables:
In recognition of loss for wrong done to the person or to movable property there is a suit to compensate someone but the fact is that wrong done within the local limits of the jurisdiction of one court though the defendant carries on business, resides or personally works for gain within the local limits of the jurisdiction of another court. In this situation,the suit may be instituted in either of the said courts at the option of the plaintiff.