Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts

Jurisdiction of the Civil Courts: There are various types of jurisdiction of the Civil Courts in Bangladesh, namely—

1)     Pecuniary Jurisdiction

2)     Jurisdiction of Subject-matter

3)     Territorial Jurisdiction

4)     Original Jurisdiction

5)     Appellate Jurisdiction

6)     Review Jurisdiction

7)     Reference Jurisdiction

8)     Revision Jurisdiction

9)     Writ Jurisdiction

10)  Inherent Jurisdiction

11)  Supervisory Jurisdiction

12)  Superintendence Jurisdiction

13)  Jurisdiction to transfer or withdrawal of suits

1.      Pecuniary Jurisdiction: (All suit are Civil Nature)

The Assistant Judge Court, the Senior Assistant Judge Court, and the Joint District Judge Court are barred by the pecuniary jurisdiction.

• The Assistant Judge Court may not take any suit of value (TK.  One to Two Lac).

• The Senior Assistant Judge Court may not take any suit of value (TK. Two Lac one to Four Lac).

• The Joint District Judge Court may take any suit of value (TK. Above 4 Lac one to ———).

It is an established rule that every suit of every value firstly has to be instituted in the lower grade court of its jurisdiction.

2.      Jurisdiction of subject-matter:

The Civil court may take every suit of Civil nature and the other cases which are not specifically declared as criminal nature.

3.      Territorial Jurisdiction:

Where the subject matter of the Civil suit is an immovable property, then in which jurisdiction of district it as situated, the suit must be instituted in the district Courts at the district.

If the Immovable property is situated between the middle of two or more districts the suit may be institute at any of the district Courts of such districts.

If the Movable property is situated in such a manner it is impossible to identify where districts part it is in the suit may be instituted at any district court of any district nearest it.

If the subject matter of the suit is movable property the suit may be instituted in the following any district court of nay district—

• Where the cause of action arise
• The residence of the defendant
• The residence of the plaintiff

4.      Original Jurisdiction

The Assistant Judge Court, The Senior Assistant Judge Court, The Joint District Judge Court and The High Court Division of Supreme Court has original jurisdiction because only they can take a fresh suit.

5.      Appellate Jurisdiction:

The Additional District Judge Court, The District Judge Court, The High Court Division of Supreme Court and Appellate division of Supreme Court has appellate jurisdiction, because they can take appeal from their subordinate Courts.

6.      Reference Jurisdiction:

Reference is excusive jurisdiction of the High Court Division. It normally means referring to a case to the High Court Division for its opinion and order.

Section 113 of the CPC provides that any court may state a case and refer the same for the opinion of the High Court Division, and the High Court Division may make such order there on as it my think fit.

Conditions of Civil revision are that-

I.      Only a court can make reference to the High Court Division.

II.      Reference is to be made only when an important issue of law has arisen.

III.      The power of reference by the High Court Division is discretionary.

7.      Revision Jurisdiction:

Revision is a purely discretionary remedy granted by a higher court with a view to correcting miscarriage of justice.

Under section 115 of the CPC (as amended in 2003) Civil Revisional power can be exercised by the High Court Division and The District Judge.

This power is also called supervisory power or power to do complete justice or power to call for records. Exercise of this power can be only at the instance of a party. Previously this power could have been exercised sue notice by the High Court Division.

Normally questions of facts are not considered by a court under its revision jurisdiction. [15 BLD 196]

A revision is not a continuation of the original preceding like an appeal. [22 DLR 192]

Circumstances Review is possible almost in every judicial organ. It is done by the same court which gave the order or judgment against which review is sought for. Section 114 of the CPC provides that it a person is aggrieved—

1.  By a decree or order from which an appeal is allowed but no appeal has been preferred.
2.  By a decree or order from which no appeal is allowed
3.  By a decision or a reference from a court of small causes

May apply for a review of judgment to the court which passed by the decree or made the order and the court may make such order thereon as it thinks fit.

8.      Review Jurisdiction:

Review means a judicial re-examination of a case in certain specified and prescribed.

9.      Writ Jurisdiction:

Writ Jurisdiction means the power and Jurisdiction of The High Court Division (HCD) under the provision of the Constitution whereby it can enforce fundamental rights as guaranteed in the Constitution. The basis of writ Jurisdiction is Article 102 of The Constitution.

10. Inherent Jurisdiction (Discretionary Power ):

Inherent Jurisdiction is one of the vital and extraordinary powers of the Civil court. All Civil court from Appellate division to Assistant Judge may exercise this power at any time of a suit.

Basically it is the discretionary power of the judges which depends on the satisfaction of the judges and regulated by under section 151 of the Code of Civil Procedure 1908.

11. Supervisory Jurisdiction

Supervisory power of the High Court Division (HCD) includes the control exercised by this Courts as to prohibit the subordinate Courts from acting extra jurisdictionally and reverse its acting extra jurisdictionally acts Article 109 of our Constitution recognizes such power of the High Court Division (HCD).

12. Superintendence Jurisdiction

According to section 9 of the Civil Courts Act 1887, The District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his Jurisdiction subject to the Superintendence of theHigh Court Division (HCD).

13. Jurisdiction to transfer or withdrawal of suits

According to section 24 of the CPC the District Judge may, on the application of any part of suo motu, at any stage-

• Transfer any suit, appeal or other proceeding pending before if for trial or disposal to any Court Subordinate to it
• Withdraw any suit of appeal of other proceeding pending in any subordinate court and transfer the same for trial or disposal to any court subordinate to it
• Retransfer the same for trial or disposal to the court from which it was withdrawn.

WHAT IS SUMMONS?

Summons

The concept of ‘Summons is an important subject matter of the CPC. When the plaintiff files a suit, the defendant has to be informed that the suit, the defendant has to be informed that the suit has been filed against him, and that he is required to appear in the court to defend it. The intimation which is sent to the defendant by the court is technically known as ‘Summons’. Although the term ‘ Summons” has not been defined in the code, a summons is a document issued from the office of a court of Justice, calling upon the person to whom it is directed to attend before a Judge or officer of the Court for a certain purpose. With the provision in Rule 1 of order 5 where it is stated that no summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff’s claim. In all other cases summons must be issued and served to defendants. Every summons shall be signed by the Judge or such officer appointed by him and shall be sealed with the seal of the court, and must be accompanied by a copy of the plaint Rule (2)

Importance of Service of Summons:

The importance of service of summons, in whatever way it may be effected, is that the defendant may be informed of the institution of the suit in due time before the date fixed for the hearing and to extend him an opportunity to resist the suit where the defendant is not served with summons, the mere fact that he had no knowledge of the suit is immaterial. There are some important of service of summons. These are following:

• It is a fundamental rule of procedure.
• A party must have a fair and reasonable notice of the legal proceedings initiated against him, so that he can defend himself.
• It may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.
• A summons may be sent by the court by which it is issued.
• In every suit heard by a Court of small Causes, the summons shall be for final disposal of the suit.
• It can be effected in section 27, order V and Rule 1 of the C P C. Mode of Service of Summons :

The Code prescribes four members of service of summons upon a defendant:

1. Personal Service
2. Service by affixation
3. Service by post, and
4. Substituted Service

Personal or Direct Service:

Rules 10 to 16 and 18 deal with personal or direct service of summons upon the defendant. This is an ordinary made of service of summons. Here the following principle; must be remembered:

• Where it is practicable, the summons must be served to the defendant in person or to his authorized agent (rule 12).
• Where there are more defendants that one, service of the summons shall be made on each defendant (rule 11).
• Where the defendant is absent from his residence at the time of service of summons may be served on any adult male member of the defendant’s family residing with him (rule 15).

In all above cases, service of summons should be made by delivering or   tendering a copy thereof.

2. Service by Affixation:

Rule 17 specifies this method. When the defendant or his agent refuses to accept personal service of summons, this method is to be used when the defendant or his agent refuses to accept personal service, the serving officer shall affix a copy of the summons to on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain.

Mere temporary absence of a defendant from his residence or place of business does not justify service by affixation.

Leading   Case: – Shamsunnahar    Vs.     Salahudding, 4 M L R (A D) 405

3. Service by Post:

Rule 19B specifies that the court shall, in addition to, and simultaneously with, the issue of summons for personal service, also direct the summons for personal service, also direct the summons to be serve, by registered post with acknowledgement due addressed to the defendant or his agent at the place where the defendant or his agent actually and voluntarily resides or carriers or business.

Leading   Case: – Gyanammal Vs.  Abdul   Hussain

4. Substituted Service:

The Provision for substituted service is provided for in Rule 20 or order 5 of the C P C. Rule 20 specifies that in two situations the method of substituted service may be restore to:

•  When there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or

•  When for any other reason summons cannot be served in the ordinary way.

Service in Special Cases:

Apart from the above four types of modes of service of summons rules 21 to 30 to deal with another mode of service which deal with service outside the Jurisdiction of the courts etc.

In conclusion, it can be said that Summons has play an important role in that code of Civil Procedure, 1908.