Skip to main content

Subject Matter in a Civil Suit

 Subject Matter in a Civil Suit


  • Subject matter is the topic of the suit. It is the key to determine the jurisdiction of the court i.e. the court before which the plaint is to be filed. Three ways in which the subject matter affects the jurisdiction of the court: 

  • The place of suing, 

  • Pecuniary/territorial jurisdiction, 

  • Substantive issues


  • Categories of subject matter 

  • Immovable Property

  • Damages to movable property

  • Others


  • The rules of subject matter as far as jurisdiction is concerned:

  • Where the property is situated (movable or immovable).

  • If the subject matter is not related to property but in relation to any other wrong done, then where the wrong is done is determined. 

  • A suit will be filed at the place where the defendant works or resides. This comes into play when the claim raised may not be related to torts or contract. 


  • Section 16, 17, 19 and 20 of the CPC deal with place of suit.

  • Section 16 (subject matter based on defendant’s location): Suits related to immovable property shall be instituted in the Court within the local limits of whose jurisdiction the property is situated. Proviso: In case of a suit for damages caused to immovable property held by a defendant and the relief sought is to be obtained by the defendant’s personal obedience, then the suit may be instituted where the property is situated or where the defendant actually resides

  • Section 17 (Pecuniary Jurisdiction): In case of a suit for damages caused to immovable property situated in jurisdictions of different courts, one can approach a court within whose local jurisdiction a portion of the property is situated. Provided that the court has the authority to grant the entire claim related to the value of subject matter.

  • Section 18 (territorial Jurisdiction): If there is uncertainty with regards to local limits of the jurisdiction of courts in case of an immovable property, then any one of the courts may record a statement pertaining to the uncertainty, entertain and dispose of a suit related to that property. That is if the court is satisfied that there exists a ground for the alleged uncertainty. The decree passed by the court will have same effect, it would have had if the property was situated within the local limits of its jurisdiction. Provided that the court has the pecuniary jurisdiction and is competent to entertain the subject matter.  In case when the court taking the cognisance of the suit does not record the statement and an objection is raised for the first time before the Appellate or Revisional Court, the said courts shall not allow the objection unless it is satisfied that at the time of institution of suit there was no reasonable ground for uncertainty as regards to jurisdiction of Court and there has been a failure of justice. Therefore, it is important that jurisdiction should be raised as a preliminary issue. 

  • Section 19 (suits for compensation for wrongs to person or movables): At the option of plaintiff, the suit can be initiated either where the wrong is done or where the defendant resides. 

  • Section 20: This section talks about suits which deal with a CoA not related to movable or immovable property or wrong done. It deals with suits related to torts and damages or money suits or suits dealing with infringement of IPR.
Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more