Place of Suing under CPC (Sections 15–21A)

Introduction

Jurisdiction refers to the power of a court to hear and decide a case and to pass a decree. Before filing a suit, one of the most important considerations is the place of suing, i.e., the venue where the trial will be conducted. The Code of Civil Procedure (CPC) deals with the place of suing under Sections 15–21A, covering aspects such as territorial, pecuniary, and subject-matter jurisdiction.

A decree passed by a court lacking jurisdiction is considered a nullity. However, there is a difference between errors relating to territorial/pecuniary jurisdiction and subject-matter jurisdiction. While errors in the former make the decision irregular, errors in the latter render the decree void.

Types of Jurisdiction

1. Territorial (Local) Jurisdiction
• Every court has geographical limits within which it can exercise authority.
• It cannot pass orders outside its local jurisdiction.
2. Pecuniary Jurisdiction
• Courts are restricted by the monetary value of the suits they can hear.
• Example: A court with pecuniary jurisdiction up to ₹20,000 cannot entertain a suit valued beyond that.
3. Subject-Matter Jurisdiction
• Certain courts are restricted from entertaining certain types of cases.
• Example: Presidency Small Causes Courts cannot try suits for partition, redemption of mortgage, or specific performance.
• Any decree passed without subject-matter jurisdiction is null and void.

Exclusive Jurisdiction Clauses

Parties may agree that in case of disputes, a particular court shall have exclusive jurisdiction. However, as held in Hakam Singh v. Gammon (India) Ltd. (1971 SC), parties cannot confer jurisdiction upon a court which otherwise has none under the CPC. But where multiple courts have jurisdiction, parties may choose one.

Such clauses are not invalid under Sections 23 and 28 of the Indian Contract Act, 1872.

Important Provisions (Sections 15–21A CPC)

Section 15 – Court in which suits to be instituted
• Every suit must be filed in the lowest grade competent court.
• Jurisdiction is determined by the plaintiff’s valuation of the suit.
• Later increase/decrease in value does not affect jurisdiction.

Case Law: Harshad Chiman Lal v. DLF Universal Ltd. (2005) – A decree passed by a court without jurisdiction is null and void.

Section 16 – Suits to be instituted where subject-matter situate
• Applies to suits relating to immovable property:
• Recovery of property
• Partition
• Mortgage suits
• Determination of rights
• Wrong to immovable property
• Such suits must be filed where the property is located.

Proviso: If relief can be obtained by personal obedience of defendant, the suit may also be filed where the defendant resides or works.

Section 17 – Immovable property within jurisdiction of different courts
• If property is situated in areas falling under multiple courts, the suit may be filed in any one of the courts, provided the entire claim is cognizable by it.
• Objective: Prevents multiplicity of suits.

Section 18 – Where jurisdiction of courts is uncertain
• If it is uncertain in which court’s jurisdiction the property falls, any of the courts may entertain the suit after recording a statement of uncertainty.
• Objections cannot be raised later unless there has been failure of justice.

Section 19 – Suits for compensation for wrongs to person or movables
• Plaintiff has an option to file a suit either:
• Where the wrong was committed, or
• Where the defendant resides/works for gain.

Example:
A residing in Delhi beats B in Calcutta → B can sue either in Calcutta or Delhi.

Section 20 – Other suits where defendants reside or cause of action arises
• Subject to above provisions, suits can be filed where:
(a) Defendant resides/carries on business/works for gain.
(b) Any one of multiple defendants resides, provided leave of court or acquiescence by others.
(c) Cause of action arises, wholly or partly.

Explanation:
• A corporation is deemed to carry on business at its principal office or at a subordinate office where cause of action arises.

Case Law: South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises (1996) – Cause of action means the bundle of facts necessary to prove a claim.

Section 21 – Objections to jurisdiction
• Objections as to jurisdiction (territorial/pecuniary/place of suing) must satisfy three conditions:
1. Taken in the trial court.
2. Raised at the earliest opportunity.
3. There has been failure of justice.

Case Law: Pathumma v. Kuntalan Kutty (1981) – All three conditions must co-exist.

Section 21A – Bar on suit to set aside decree on objection as to place of suing
• No fresh suit can be filed challenging a decree merely on the ground that the suit was filed in the wrong place.
• Example: If Court A passes a decree, the defendant cannot later challenge it saying Court B was the proper place.

Illustrations (Practical Examples)
• Defamation: A resides in Delhi, defamatory statements published in Calcutta → Suit can be filed in Delhi or Calcutta.
• Immovable Property: Property in Chandigarh but defendant resides in Delhi → Suit can be filed in Chandigarh or Delhi (if relief is possible by defendant’s personal obedience).
• Contract: Contract made in Delhi, performance in Bombay, payment in Calcutta → Suit can be filed in Delhi, Bombay, or Calcutta.

Conclusion

The provisions of Sections 15–21A CPC ensure a fair, convenient, and just system for determining the place of suing. They prevent forum shopping, ensure that suits are tried in competent courts, and balance the interests of both plaintiffs and defendants. Errors regarding territorial or pecuniary jurisdiction are treated as irregularities, while absence of subject-matter jurisdiction renders a decree void.

Thus, these provisions act as safeguards against misuse of jurisdiction and promote judicial efficiency.

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