Posts

Showing posts with the label Circumstances in which Section 6 of CPC is attracted

Discuss about the Pecuniary Jurisdiction of the Courts? How to draft the application objecting the pecuniary jurisdiction of the court?

Image
  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 . Bu