Discuss about the Pecuniary Jurisdiction of the Courts? How to draft the application objecting the pecuniary jurisdiction of the court?
Pecuniary Jurisdiction [ Section 6]
As per Section
6 of the Code of Civil Procedure, 1908
“ 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.”
Meaning of pecuniary jurisdiction
Pecuniary Jurisdiction relates to the value of the
suit. The Court cannot go beyond the pecuniary jurisdiction conferred
upon it by law.
Circumstances in which this Section is attracted
For invoking the provisions of Section 6, the following
two conditions must exist:-
a. The pecuniary limits must have been prescribed
for a Court, because some Courts
have unlimited pecuniary jurisdiction for example High Court and District
Court. Hence these Courts are competent to try and decide all the suits
irrespective of their value. In such cases there is no application of this
section. But a Court whose pecuniary jurisdiction has been fixed by the
statute ,cannot go beyond such limits. Therefore, for the
application of this section, the condition is that there must be pecuniary
limits prescribed.
b. The court whose pecuniary jurisdiction has been
declared by the statute must have entertained a suit valued in excess of its
jurisdiction. It is very important to note that there is no bar on
filing of a suit before a Court lacking pecuniary jurisdiction. But when
the Court proceeds to try such a suit then this provision comes into play
and restrains the Court from entertaining such a suit the value of which
exceeds the pecuniary ceiling of the Court. If the Court passes a decree in
which the Court had no jurisdiction under section 6 of the CPC, then such a
decree is null and void for the want of jurisdiction.
Subject- Matter
Subject Matter means the relief claimed and not
property involved and it is the value of the relief claimed that determines
the jurisdiction of the Court. The mode of valuing certain suits for the
purposes of determining jurisdiction has been prescribed in the Suits
Valuation Act, 1887 and the present
section must be read subject to its provisions. Suits so valued exceeding
the jurisdiction of the Court are liable to be returned for prosecution before
the proper Court.
Decree in Excess of Pecuniary Jurisdiction
Section 6 of the Code of Civil Procedure 1908
prescribe the pecuniary limit within which the Court should try the suit. If
the suit filed by the plaintiff was within pecuniary jurisdiction, then
the Court is not bound to pass the decree within the pecuniary limit.
The Court may pass a decree for the sum which is in the excess of the
pecuniary jurisdiction of the Court.
Similarly where different suits which are severally
within the jurisdiction of the Court are consolidated, then the
Court does not lose its Jurisdiction by reason of the value of all the suits
taken together, exceeds its Jurisdiction.
Further, the competence of the Court to which the decree has been
transferred for execution will have to be determined with
reference to the valuation of the suit in which the decree was passed and not
with reference to amount for which the decree sought to be executed has been
passed.
Mesne Profits After Suit- Effect on Pecuniary
Jurisdiction
The value of a suit for the recovery of possession
and mesne profits is the value of the immovable property plus mesne
profits upto the date of filing of the suit. Mesne Profits after the
date of the filing of the suit do not form part of the cause of action even
though there be such a prayer in the plaint for mesne profits after the date of
filing of the suit. And the court has got the jurisdiction to fix the mesne
profits from and after the date of institution of the suit and to pass a decree
thereof, although the amount may be beyond its pecuniary jurisdiction.
Increase of pecuniary jurisdiction during pendency of
the suit
In case where the pecuniary jurisdiction is increased
during the pendency of the trail, then no objection as to jurisdiction can be
raised if the Court passed a decree for property the value of which exceeds
its initial pecuniary jurisdiction.
IN THE COURT OF
CIVIL JUDGE JUNIOR DIVISION, KAPURTHALA
ABC
VERSUS XYZ
…Plaintiff/Respondent
...Defendant/Applicant
Subject: Application under section 6 of CPC 1908 for
return of the Plaint for the lack of Pecuniary Jurisdiction.
Respected Sir,
It is most
respectfully submitted as under:
1. That the plaintiff has filed the above noted suit
for recovery of Rs.15 lacs as principle amount and Rs.2,30,000/ as interest
that is the total amount of recovery is Rs.17,30,000/-.
2. That however as per notification 09 Gaz.II/XXI.C.35
dated 05.02.14 of Punjab and Haryana High Court jurisdiction of this Hon’ble
Court is limited to Rs.10,00,000/- only. Any suit of the value of more than
Rs.10,00,000/- cannot be entertained and tried by this Hon’ble Court.
3. That therefore this Hon’ble Court has no pecuniary
jurisdiction to entertain and try the present suit.
4. That since this Hon’ble Court has no pecuniary
jurisdiction to entertain and try the present suit in the above noted
circumstances, so no useful purpose will be served in the proceeding with the
case on merit.
PRAYER:
IN VIEW OF SUBMISSIONS MADE ABOVE, IT IS HEREBY MOST
RESPECTFULLY PRAYED:
a. that the plaint in the above noted case may kindly
be returned to the plaintiff for presentation before the appropriate court of
proper jurisdiction in the facts and circumstances of the case.
b. to pass any other further order which this Hon’ble
Court may deem fit and proper in the interest of justice and equity.
Place: Kapurthala
Date: ………….
…..Applicant
Through Counsel
Name
and Enrolment no. of Counsel.
Verification:
Verified that the contents of this application are
true and correct and nothing has been falsely stated therein.
Verified at Kapurthala
Verified on……….
…..Applicant
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