Provincial Small Cause Courts

Code of Civil Procedure Section 6. Pecuniary jurisdiction.

7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) ¹[or under the Berar Small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes ²[under the said Act or Law], ³[or to Courts in ⁴[any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say.—

(a) so much of the body of the Code as relates to—

(i) suits excepted from the cognizance of a Court of Small Causes;

(ii) the execution of decrees in such suits;

(iii) the execution of decrees against immovable property; and

Note 1: Ins. by Act 4 of 1941, s. 2 and the Third Schedule.

Note 2: Subs. by s. 2 and the Third Schedule, ibid., for “under that Act”.

Note 3: Ins. by Act 2 of 1951, s. 5.

Note 4: Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

(b) the following sections, that is to say,— section 9, sections 91 and 92, sections 94 and 95 ⁵[so far as they authorise or relate to]—

(i) orders for the attachment of immovable property,

(ii) injunctions,

(iii) the appointment of a receiver of immovable property, or

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.

Note 5: Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injections and interlocutory orders”.

Note: Code of Civil Procedure Section 

Section 6 Pecuniary jurisdiction

Code of Civil Procedure Section 5. Application of the Code to Revenue Courts.

6. Pecuniary jurisdiction.—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.

Note: Code of Civil Procedure 

Jurisdiction of courts and venue of suits

Jurisdiction means the authority by which a court has to decide matters that are brought before it for adjudication. The limit of this authority is imposed by charter, statute or commission. If no such limit is imposed or defined that the jurisdiction is said to be unlimited.

Limitation of jurisdiction of civil court is basically four kinds:

[1] Jurisdiction over the subject matter- to try certain matters by certain court is limited by statute (Ex. Small cause court- suit for money due under promissory note or a suit for price of work done)

[2] Place of suing or territorial jurisdiction – A territorial limit of jurisdiction for each court is fixed by Government.

[3] Jurisdiction over persons – All person of whatever nationality are subject to the jurisdiction of the country except foreign state.

[4] Pecuniary jurisdiction depending on pecuniary value of suit –There is no pecuniary jurisdiction of high court and district court.

Jurisdiction may be further classified: [a] Original jurisdiction [b] Appellate jurisdiction

Criminal and appellate jurisdiction- Supreme Court, High Courts and District courts have both original and appellate jurisdiction in various matter.

Application of CPC to Revenue Courts

Code of Civil Procedure: Section 4. Savings.

5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government ¹*** may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government ²* * * may prescribe.

Note 1: The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I.

Note 2: The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule., Pt. I, ibid.

(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.

Note: Code of Civil Procedure

Section 4. Savings

Section 3. Subordination of Courts.

4. Savings.—(1) In the absence of any specific provision to the Contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force.

(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.

Note: Code of Civil Procedure

Subordination of Courts

Section 2. Definitions.

3. Subordination of Courts.— For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.

Note: Next blog and series of blogs on Code of Civil Procedure.

Section 2: Definitions in CPC

Code of Civil Procedure Section 1. Short title, commencement and extent.

2. Definitions.—

In this Act, unless there is anything repugnant in the subject or context,—

(1) “Code” includes rules;

(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within ¹*** Section 144, but shall not include—

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;

Note: 1***: The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977).

It is the formal expression of an adjudication. It conclusively determines the rights of parties. A decree may be either preliminary or final.

A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed off. When adjudication completely disposes of the suit such decree is final.

It may be noted that the term decree doesn’t include the following:

(a) Any adjudication from which an appeal lies as an appeal from an order or

(b) Any order or decision of the dismissal of the suit for default.

A decree must be drawn separately after a judgment.

Deemed Decrees: A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorised as a decree by the legislature. The rejection of a plaint and the determination of questions of facts are deemed decrees. 

(3) “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;

(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary original civil jurisdiction of a High Court;

²[(5) “foreign Court” means a Court situate outside India and not established or continued by the authority of the Central Government;]

Note 2: Subs. by Act 2 of 1951, s. 4, for clause (5).

(6) “foreign judgment” means the judgment of a foreign Court;

(7) “Government Pleader” includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;

³[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;

(7B) “India”, except in sections 1, 29, 43, 44, ⁴[44A,] 78, 79, 82, 83 and 87A, means the territory of India *[excluding the State of Jammu and Kashmir];]

Note 3: Ins. by s. 4 ibid.

Note 4: Ins. by Act 42 of 1953, s. 4 and the Third Schedule.

* Due to implementation of The Jammu and Kashmir Reformation Act 2019, the CPC had become applicable in the state of Jammu and Kashmir.

(8) “Judge” means the presiding officer of a Civil Court;

(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

Judgment means the statement given by the Judge on the grounds of a Decree or Order.  Thus a judgment sets out the ground and the reason for the Judge to have arrived at the decision. Judgment is the decision of a court of justice upon the respective rights and claims of the parties to an action in a suit submitted to it for determination. Judgment is the statement of the Court on the grounds for having arrived at a decision.

A judgment must contain the following components:

1. A crisp statement of facts of the case;

2. The points or issues for determination;

3. The decision on such issues and finally;

4. The reasons for such a decision.

(10) “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;

(11) “legal representative” means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;

(12) “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there-from, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;

(13) “movable property” includes growing crops;

(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;

“Formal expression” means the recordation of the ruling of the Court on the matter presented before it, so far as the Court expressing it alludes to the fact that the same issue cannot be adjudicated by or before the Court again but only before a higher forum i.e. an appellate forum. Formal expression may be a decree or an order.

Order is defined u/s 2 (14) of the Civil Procedure Code.  It means the formal expression of any decision of the Civil Court which is not a decree.

The starting point for an order need not always be a plaint, it may be an application or petition. Though being a formal expression, it follows that an order need not conclusively determine the rights of parties on any matter in dispute. However, it may relate to the matters in controversy. 

(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;

(16) “prescribed” means prescribed by rules;

(17) “public officer” means a person falling under any of the following descriptions, namely :—

(a) every Judge;

(b) every member of ⁵[an All-India Service];

Note 5: Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).

(c) every commissioned or gazetted officer in the military ⁶[naval or air] forces of ⁷[the Union] ⁸*** while serving under the Government;

Note 6: Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”.

Note 7: Subs. by the A.O. 1950, for “his Majesty”.

Note 8: The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.

(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a court of Justice to perform any of such duties;

(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and

(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;

(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or section 125;

(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or bonds;

and

(20) “signed”, save in the case of a judgment or decree, includes stamped.

⁹* * * * *

Note 9: Clause (21) omitted by Act 2 of 1951, s. 4 earlier ins. by the A.O. 1950.

Code of Civil Procedure Section 3. Subordination of Courts.

More Reading:

Decree

Judgment

Difference between Judgement and Decree

Section 1. Short title, commencement and extent.

Section 29. Service of foreign summonses.

Section 33. Judgment and decree.

Section 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.

Section 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.

Section 44A. Execution of decrees passed by Courts in reciprocating territory.

Section 47. Questions to be determined by the Court executing decree.

Section 78. Commissions issued by foreign Courts.

Section 79. Suits by or against Government.

Section 82. Execution of decree.

Section 83. When aliens may sue.

Section 87A. Definitions of “foreign State” and “Ruler”.

Section 114. Review.

Section 122. Power of certain High Courts to make rules.

Section 125. Power of other High Courts to make rules.

Section 144. Application for restitution.

Section 152. Amendment of judgments, decrees or orders.

Order XX Rule 2: Power to pronounce judgment written by Judge’s predecessor.

Order XX Rule 4: Judgments of Small Cause Courts and Other Courts.

Order XX Rule 6B: Copies of judgments when to be made available.

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CPC: Preliminary Section 1.

Introduction and History

PRELIMINARY

1. Short title, commencement and extent.—(1) This Act may be cited as the Code of Civil Procedure, 1908.

(2) It shall come into force on the first day of January, 1909.

¹[(3) It extends to the whole of India except—

*[(a) the State of Jammu and Kashmir;]

(b) the State of Nagaland and the tribal areas :

Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.

Explanation. — In this clause, “tribal areas” means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.

(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]

1. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977).

* Omitted by Jammu and Kashmir Reorgnisation Act, 2019.

In "Red" colour it is portion as it in the bare act of CPC.

Explanation:

As it is evident from its name “Code of Civil Procedure”, it mainly lays down the procedure to be adopted in civil courts, and its principles may be applicable in other courts, like writ courts, and Tribunals to the extent the enactments establishing the Tribunals provide for it. It provides for a fair procedure for redressal of disputes. The other party may know what is the dispute about?, what defence it can take?, and how both the parties may proceed to prove their respective cases?.

The purpose of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’) is to provide a litigant a fair trial in accordance with the accepted principles of natural justice.

 

Short Q and A:

1. When did CPC come in to force?

Ans. 1st January, 1909

2. How CPC is applicable in State of Jammu and Kashmir throughout the History?

Ans. When CPC came in to force in 1909 it extended phase wise all over India under British Rule. After independence it was applicable in new India. Then in 1977 due to Act 104 of 1976 it was abolished in State of Jammu and Kashmir. But since 2019 with effect of The State of Jammu and Kashmir Reformation Act, 2019 the CPC came in to effect in the said State. During the period from 1977 to 2019 The State of Jammu and Kashmir Code of Civil Procedure Act, 1977 was enacted in that area.

3. In which area of India it is still not applicable?

Ans. In state of Nagaland and in the Tribal, areas as defined in paragraph 20 of the 6th Schedule of the Constitution of India, CPC is not applicable even today.

4. What is the purpose of CPC?

Ans. CPC lays down the procedure to be adopted in civil courts.

5. Does CPC supports principles of Natural Justice? How?

Ans. Yes CPC supports principles of natural justice. As CPC is to provide a litigant a fair trial in accordance with the accepted principles of natural justice

References:

1) http://egazette.nic.in/WriteReadData/2019/210407.pdf

2) http://www.nja.nic.in/16%20CPC.pdf 

Code of Civil Procedure

Section 2. Definitions.

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