ONE-PAGE CIVIL JURISDICTION REVISION SHEET (CPC)

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ONE-PAGE CIVIL JURISDICTION REVISION SHEET (CPC)
🔹 1. Source of Jurisdiction

Section 9 CPC → Civil courts have jurisdiction over all suits of civil nature

Jurisdiction barred only if expressly or impliedly excluded

📌 Presumption in favour of jurisdiction

🔹 2. Types of Jurisdiction
(A) Territorial Jurisdiction

Sections 15–20 CPC

Provision Principle
S.15 Lowest grade competent court
S.16 Immovable property → where property situated (MANDATORY)
S.17 Property in multiple jurisdictions
S.18 Jurisdiction uncertainty
S.19 Torts → where wrong committed / defendant resides
S.20 Defendant residence or cause of action

📌 Plaintiff residence irrelevant

(B) Pecuniary Jurisdiction

Based on suit valuation

Objection governed by Section 21 CPC

Curable defect unless failure of justice

(C) Subject-Matter Jurisdiction

Inherent power of court

Defect = decree void

Cannot be cured by consent or waiver

🔹 3. Cause of Action

Bundle of essential facts

Even small fraction gives jurisdiction

Must be material, not illusory

📌 Forum shopping discouraged

🔹 4. Exclusion of Civil Court Jurisdiction

Express bar → clear statutory language

Implied bar → apply Dhulabhai Test

Dhulabhai Principles (1969)

✔ Complete machinery
✔ Adequate remedy
✔ Finality clause
✔ No violation of fundamental rights

🔹 5. Jurisdiction Clause in Contract

✔ Valid if:

Two or more competent courts

Clear exclusion language

❌ Invalid if:

Creates jurisdiction

Ousts all courts

🔹 6. Objection to Jurisdiction
Type Section Effect
Territorial S.21 Curable
Pecuniary S.21 Curable
Subject-matter — Void decree
🔹 7. Landmark Supreme Court Cases

Dhulabhai v. State of MP (1969) – exclusion

Harshad Chiman Lal Modi (2005) – S.16 mandatory

Kiran Singh v. Chaman Paswan (1954) – nullity

ABC Laminart (1989) – jurisdiction clause

ONGC v. Utpal Basu (1994) – forum shopping

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