Regarding pecuniary jurisdiction

This query is : Resolved 
 

(Querist)
18 November 2009

1. In a partition suit case the plaintiff has valued the suit for partition for the purposes of fees and jurisdiction at Rs.250/- only. The defendants have submitted that the concerned court had the pecuniary jurisdiction to entertain the suit having value more than 3 lac. and requested to court that the plaint is liable to be returned/rejected under order 7 Rule 10 CPC being without pecuniary jurisdiction. Please clarify in detail about pecuniary jurisdiction and its implications and related courts cases/judgements.


A V Vishal (Expert)
18 November 2009

Pecuniary jurisdiction of the court divides the court on a vertical basis.

For Example at present the pecuniary jurisdiction of the Delhi courts is as follows:
- Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts.
- Suits over and above Rs. 20,00,000/- lie before High Courts.

It is very important to note that the amount of pecuniary jurisdiction is different for all High Courts. This limit is decided by respective High Court Rules.
In many states High court has no pecuniary jurisdiction. All civil suits go before District Courts, and only appeal lies before High Court.

adv. rajeev ( rajoo ) (Expert)
18 November 2009

Pecuniary jurisdction means: The court which has got to try the cases.
For eg., If the suit valuation is Rs.500,000 civil court( jurnior division) has got jurisdiction.
More than 500,000/- civil judge (senior division).
It is in Karnataka.
In a partition suit jurisdiction will be on the share of the plaintiff.
Pecuniary means particularly.

raj kumar makkad (Expert)
18 November 2009

nO SUIT CAN BE DISMISSED ON THE GROUND OF PROPER COURT FEE AND ON THE PLEADING OF THE DEFENDANT, IT CAN BE ONE OF THE ISSUES AND IT CAN BE DECIDED AT THE TIME OF FINAL ARGUMENTS OF THE CASE AND CAN BE DECIDED ON MERITS.

M/S. dELHI-ASSM CORPS. LTD. VERSUS SITA RAM AGGARWAL 2008 (2) RCR (CIVIL) 458

PAWAN KUMAR VERSUS BANWARI 2008 (4) RCR (CIVIL) 572

niranjan (Expert)
18 November 2009

It can be done that preliminary issue of court fee is raised and decided,and then if the court orders to pay court fee and if the court fee is not paid,only then the suit could suffer. Or the court may refer the matter to the Inspector of Stamps and decide the value of the property and court fee thereon tobe paid.

G V S Jagannadha Rao (Expert)
19 November 2009

The issue relating to jurisdiction of a court shall be decided as a preliminary issue. If the court finds that it has no juricdiction, it shall return the plaint for presentation in court having jurisdiction.

Ms. Malashree, if you can indicate the State to which you belong, the members can guide you about the court having proper jurisdiction in your case.

Sachin Bhatia (Expert)
19 November 2009

Civil Procedure Code 1908 ,


Section 6 Pecuniary jurisdiction.

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

Sachin Bhatia (Expert)
19 November 2009

Pecuniary/Monetary Jurisdiction
Pecuniary jurisdiction of the court divides the court on a vertical basis.

At present the pecuniary jurisdiction of the Delhi courts is as follows:
- Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts.
- Suits over and above Rs. 20,00,000/- lie before High Courts.

It is very important to note that the amount of pecuniary jurisdiction is different for all High Courts. This limit is decided by respective High Court Rules.
In many states High court has no pecuniary jurisdiction. All civil suits go before District Courts, and only appeal lies before High Court.

malashree (Querist)
29 November 2009

The property is situated in Delhi. Please guide me about its jurisdiction.



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