COURT JURISDICTION FOR RECOVERY OF MONEY
court jurisdiction for recovery of money- In a general way, a suit is nothing but the proceedings which took place due to some dispute arises between two or more parties.
The basic requirements to file a suit must be –
1. To determine the place of suing.
2. Compliance with the essentials of the suit.
3. The frame of suit.
4. Instituting of the suit.
It is advisable to check whether the suit falls under category barred under section 9 of the Code of Civil Procedure before determining the jurisdiction of Court. So, whenever persons fail to solve a dispute among themselves, they can approach the Court by filing a suit. It is called the institution of the suit.
The place of suing is the venue of the trial. All categories can be classified under courts of first instance and appellate courts.
Section 15 to 20 deals with the venue of the trial.
Section 9 states that courts shall have jurisdiction to try all kinds of suits that are of Civil nature except suits of which their cognizance is either expressly or impliedly barred.
If the suit is barred under Section 9, there is no institution of the suit in any Civil Court. Section 15 of CPC, every suit shall be instituted in the Court of the lowest grade competent to try it.
What is Pecuniary Jurisdiction?
Generally, a court(s) accepts the valuation of the suit as determined by the plaintiff but in some case whenever the plaintiff overestimated or underestimated the amount, then the Court shall evaluate the amount again.
Territorial Jurisdiction
It can be divided into the following –
1. a) Suits concerning immovable property
2. b) Suits concerning movable property
3. c) Suits concerning compensation for the wrong
4. d) Other suits
Immovable Property (Section 16 to 18)
Section 16(a) to (e) deals with the matter of immovable property. It includes-
1. a) Recovery of immovable properties with or without rent or profits.
2. b) Partition of immovable property.
3. c) Sale, foreclosure, or redemption in the case of a mortgage of or charge upon the immovable property.
4. d) Determination of rights to or interest in the immovable property.
5. e) Compensation for wrong to immovable property.
If the given property falls under the jurisdiction of more than one court, where should the suit be filed?
Then Section 17 comes to the rescue by stating that in any court(s) the said case may be filed if it falls under the pecuniary jurisdiction of the Court.
The relief for compensation is independent of its own and has nothing to do with other relief’s regarding immovable property under Section 16(a) to (d).
Section 19 – Movable Property
It states that a suit for compensation for any wrong done to any person or to his/her movable property if the said was done in the local limits of the jurisdiction of 1 court where the defendant resides, the suit can be filed at the option of the said plaintiff in either of the said courts.
Example – If ‘X’ lives in West Bengal carries his business of transportation of goods to be transferred from Bangalore. ‘Y’ ordered some goods to be transferred from Bangalore to Maharashtra but in the middle, that is, Lucknow, the goods were misplaced. Now, ‘Y’ can sue ‘X’ at West Bengal as this is his place of residence, may be at Bangalore as this is his place of caring business, maybe Lucknow as the wrong was committed here. Court Jurisdiction For Recovery Of Money
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Essentials of Suit
1. Opposing party/parties
2. Subject-matter in dispute
3. Cause of action
4. Relief
Order 1 Rule 1
It deals with the joinder of plaintiff. There are certain conditions to be fulfilled-
1. a) Right(s) to relief with respect to transaction or series of facts or transactions are alleged to be there in such persons, whether jointly, severally or in the alternatives; and
2. b) In suits, question of law or fact would arise.
Rule 3
It states about who can be joined as defendants. There are again certain conditions to be fulfilled-
1. a) Right(s) to relief with respect to transaction or series of facts or transactions are alleged to be there in such persons, whether jointly, severally or in the alternatives; and
2. b) If separate suits filed then question of law or fact would arise.
Where the plaintiff is in doubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants in one suit.
There lies a concept of Necessary and Proper Party. A necessary party is indispensable to the constitution of the suit, against whom the relief is sought and without whom no effective order can be passed.
A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for a complete and final decision on the question involved in the proceedings. Court Jurisdiction For Recovery Of Money
Rule 8 – Representative Suit
It is a suit filed by or against one or more persons on the behalf of themselves and other having the same interest in the suit.
When several people having similarly interest in any suit then any one of them can move a suit on behalf of other.
Conditions
1. There should be large numbers of parties.
2. They must have some interest in the suit.
In, T.N. Housing Board Vs. T.N. Ganapathy (1990) 1 SCC 608, residential buildings were given to the applicants of low-income groups. After all the process, excess demand was made by the board. The allottees challenged the demand by filing a representative suit.
It was challenged as demand notices issued separately. The Court held that all has the same interest and thus, suit was maintainable.
3. Permission of/by Court.
4. Notice shall be given to every parties who would be bound by the decree.
Order 1 Rule 9 – Non-Joinder and Misjoinder of parties to any suit in case a person who shall be necessary or proper party to any suit has not been joined this is called non-joinder of parties.
When the plaintiff frames the suit, it is necessary to test the case on-
1. a) Limitation Period
2. b) Res Judicata and Res Subjudice
Joinder of Claim
Rule 4 and 5 deal with the same. It is for the recovery of immovable property, a plaintiff is not entitled without the leave of the Court, to join any claim.
Exceptions
1. Claims for profits or arrears of rent of the property claimed.
2. Claims for damages for breach of contract under which property or ay part of is held.
3. Claim for which relief sought is based on the same cause of action.
Rule 5 deals with suit by or against 3 classes of persons- Executors, Administrators and Heirs.
Joinder of the cause of action (Rule 3)
It includes the following situations-
1. One plaintiff one defendant and several cause of action. In such a situation the plaintiff can unite the several causes of action in one case.
2. Joinder of plaintiffs & cause of action- when 2 plaintiffs have cause of actions against the same defendant, then the cause of action can be joined.
3. The common question of law and fact should be there.
4. If there are several defendants and one plaintiff having several causes of action, then it can be joined if the defendant is interested.
Institution of Suit
Plaint means a private memorial tender to the Court in which a person sets forth his cause of action.
Conclusion
To check which is the exact court jurisdiction, may elements have to be taken care of. Even after the jurisdiction is known various other factors are involved which makes this process very important as well as crucial. In case the suit is filed in the wrong jurisdictional Court, the entire case can be dismissed, so every step needs to be taken care of with due precaution.
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