Blog Details

Introduction

The Code of Civil Procedure, 1908 (CPC) is the primary legislation governing civil procedure in India. It is a procedural law for the adjudication of civil disputes and provides for the regulation of civil proceedings in India. It is divided into two parts – Original and Appellate. Part I of the CPC deals with the Original Civil Jurisdiction and Part II with the Appellate Civil Jurisdiction. The CPC outlines various types of civil jurisdiction which may be invoked by parties in civil disputes. This paper seeks to analyse the various types of civil jurisdiction under the CPC.

Original Civil Jurisdiction

Original Civil Jurisdiction is the power of a court to adjudicate an original or original action. It is defined in Section 9 of the CPC, which states that the court shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. The term ‘original jurisdiction’ in the CPC is used in a very wide sense and it includes all kinds of suits, appeals, applications and proceedings where the court is required to decide the matter finally. The CPC contains several provisions which provide for the exercise of original civil jurisdiction. These are discussed in detail below.

1. Suits of a Civil Nature: The CPC authorises the court to try all suits of a civil nature. A suit of a civil nature is defined as a legal action instituted in a court of law for the enforcement of a right or the redress of a wrong. The CPC provides a detailed list of suits of a civil nature which are to be tried by the court. These include suits for the recovery of money, possession of immovable property, specific performance of contracts and declarations of title.

2. Suits for the Enforcement of Rights Conferred by Statutes: The CPC provides for the enforcement of rights conferred on individuals by statutes. This includes the enforcement of any right conferred on a person by any enactment other than the CPC. The court has the power to try such suits and to pass orders for the enforcement of such rights.

3. Suits for the Enforcement of Trusts and Charitable Endowments: The court has the power to try suits for the enforcement of trusts and charitable endowments. This includes the enforcement of any trust or charitable endowment created by an instrument or by a will or by an enactment.

4. Suits Relating to Wills and Succession: The CPC provides for the trial of suits relating to wills and succession. This includes suits for the revocation, alteration or rectification of a will or the determination of the validity of a will or the determination of the heir or the executor of a deceased person.

5. Suits for the Recovery of Possession of Property: The court is authorised to try suits for the recovery of possession of immovable property. This includes suits for the recovery of possession of any immovable property which is lawfully held by the plaintiff or for the recovery of possession of any movable property which is wrongfully detained by the defendant.

6. Suits for the Settlement of Boundaries: The court is authorised to try suits for the settlement of boundaries. This includes suits for the determination of the boundaries between two tracts of land or between two holdings or between two tenures.

7. Suits for the Enforcement of Contracts: The court is authorised to try suits for the enforcement of contracts. This includes suits for the specific performance of contracts and for the enforcement of any other contractual rights. Appellate Civil Jurisdiction Appellate Civil Jurisdiction is the power of a court to review and alter the decision of a lower court. It is defined in Section 96 of the CPC, which states that the court shall have jurisdiction to hear appeals from the judgments, decrees or orders of the subordinate courts.

The CPC provides for the exercise of appellate civil jurisdiction in various circumstances. These are discussed in detail below.

1. Appeals from Decrees: The CPC provides for the filing of appeals from the decrees of the subordinate courts. A decree is a final decision of the court on the merits of the case and is binding on the parties. The appeal must be filed within a specified period of time from the date of the decree.

2. Appeals from Orders: The CPC also provides for the filing of appeals from the orders of the subordinate courts. An order is an intermediate decision of the court on a point of law or fact and is not binding on the parties. The appeal must be filed within a specified period of time from the date of the order.

3. Appeals from Final Judgments: The CPC provides for the filing of appeals from the final judgments of the subordinate courts. A judgment is a final decision of the court on the merits of the case and is binding on the parties. The appeal must be filed within a specified period of time from the date of the judgment.

4. Appeals from Interlocutory Orders: The CPC also provides for the filing of appeals from interlocutory orders of the subordinate courts. An interlocutory order is an intermediate decision of the court on a point of law or fact which is not binding on the parties. The appeal must be filed within a specified period of time from the date of the interlocutory order.

Conclusion

In conclusion, the Code of Civil Procedure, 1908 (CPC) contains several provisions which provide for the exercise of original and appellate civil jurisdiction. Original Civil Jurisdiction is the power of a court to adjudicate an original or original action and includes all kinds of suits, appeals, applications and proceedings where the court is required to decide the matter finally. Appellate Civil Jurisdiction is the power of a court to review and alter the decision of a lower court and includes appeals from the decrees, orders, final judgments and interlocutory orders of the subordinate courts.