Section 15: Court in which suits to be instituted

Code of Civil Procedure Section 14. Presumption as to foreign judgments.

PLACE OF SUING

15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest grade competent to try it.

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 16. Suits to be instituted where subject-matter situate.

Simplified Explanation:

Section 15 provides that every suit shall be instituted in the Court of lowest grade competent to try it. e.g. If there is a consumer dispute then such suit must be instituted initially in the District Consumer Forum because it is of lowest grade in such matters.

Conferment of jurisdiction is a legislative function. It can neither be conferred with the consent of the parties nor by a superior court. If a court having no jurisdiction passes a decree over the matter, it would amount to a nullity, as the matter by-passes the correct route of jurisdiction. Such an issue can be raised even at a belated stage in execution. The finding of a court or Tribunal becomes irrelevant and unenforceable/ inexecutable once the forum is found to have no jurisdiction.

Acquiescence of parties cannot confer jurisdiction upon a court and an erroneous interpretation equally should not be permitted to perpetuate or perpetrate, defeating the legislative intention. The Court cannot derive jurisdiction apart from the Statute. No amount of waiver or consent can confer jurisdiction on the Court if it inherently lacks it or if none exists. 

Judgments:

Reference:

1) http://www.nja.nic.in/16%20CPC.pdf

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