Jurisdiction is the court’s legal authority to hear and decide a case. Without jurisdiction, a court is powerless—no matter how strong the facts or how clear the law is. A judgment passed without jurisdiction is not merely wrong; it is void.
In civil litigation, jurisdiction is tested on three distinct but interconnected planes:
- Territorial Jurisdiction
- Pecuniary Jurisdiction
- Subject-Matter Jurisdiction
Miss any one, and the entire proceeding collapses.
What Is Jurisdiction (In Practical Terms)
Jurisdiction answers three blunt questions:
- Where should the case be filed?
- Up to what value can that court decide?
- What kind of dispute can that court decide?
These are not technicalities. They go to the root of judicial power.
Also Read- Presumption of Innocence
1. Territorial Jurisdiction
Meaning
Territorial jurisdiction determines the geographical area within which a court can exercise its authority.
A court cannot adjudicate disputes arising completely outside its territorial limits.
How Territorial Jurisdiction Is Determined
In civil cases, territorial jurisdiction is generally based on:
- Where the defendant resides or carries on business
- Where the cause of action arises, wholly or in part
If even a part of the cause of action arises within a court’s territory, that court may have jurisdiction.
Importance of Cause of Action
Cause of action is decisive here.
Courts look at:
- Material facts
- Not clever drafting
- Not artificial pleadings
If no real cause of action arises within the territory, the court lacks jurisdiction.
Consequences of Wrong Territorial Jurisdiction
- The plaint may be returned for presentation to the proper court
- Objection must be taken at the earliest opportunity
- If not raised in time, the objection may be waived (in certain cases)
Territorial jurisdiction is important—but not always fatal if waived correctly.
2. Pecuniary Jurisdiction
Meaning
Pecuniary jurisdiction refers to the monetary limits within which a court can try a suit.
Every civil court has:
- A minimum value
- A maximum value
It cannot decide cases beyond those limits.
How Pecuniary Jurisdiction Is Determined
Pecuniary jurisdiction depends on:
- The valuation of the suit
- As stated in the plaint (subject to court scrutiny)
Courts examine valuation closely. Artificial undervaluation to choose a preferred court is not tolerated.
Why Pecuniary Jurisdiction Matters
If a court lacking pecuniary jurisdiction decides a case:
- The decree is vulnerable
- Proceedings may be nullified
- Time and cost are wasted
Unlike territorial jurisdiction, pecuniary jurisdiction defects are treated more strictly.
Also Read- Retrospective & Prospective Operation of Laws
3. Subject-Matter Jurisdiction
Meaning
Subject-matter jurisdiction refers to the nature or category of dispute a court is legally competent to decide.
This is the most rigid and non-negotiable form of jurisdiction.
Examples of Subject-Matter Jurisdiction
- Family courts → matrimonial disputes
- Consumer courts → consumer disputes
- Revenue courts → land revenue matters
- Civil courts → general civil disputes
A civil court cannot decide matters exclusively assigned to a special tribunal.
No Waiver Allowed
This is crucial:
Lack of subject-matter jurisdiction can never be cured by consent, waiver, or silence.
Even if:
- Both parties agree
- No objection is raised
- Trial is completed
The judgment remains void.
Comparative Snapshot
- Territorial jurisdiction → Where the court is located
- Pecuniary jurisdiction → Value of the dispute
- Subject-matter jurisdiction → Type of dispute
Territorial defects may sometimes be waived.
Pecuniary defects are serious.
Subject-matter defects are fatal.
Jurisdiction Must Be Pleaded
The plaintiff must plead facts showing:
- Territorial competence
- Pecuniary competence
- Subject-matter competence
Jurisdiction is not presumed. It is asserted and tested.
Why Courts Are Strict About Jurisdiction
Because jurisdiction:
- Protects judicial discipline
- Prevents forum shopping
- Ensures orderly administration of justice
A court acting without jurisdiction is not exercising power—it is usurping it.
Common Mistakes That Destroy Cases
- Filing in a convenient court instead of competent court
- Ignoring pecuniary limits
- Confusing cause of action with evidence
- Assuming consent cures jurisdiction
Courts do not rescue jurisdictional negligence.
Also Read- Limitation Period – Importance & Calculation
Jurisdiction is the entry gate of justice.
- Territorial jurisdiction tells you where to knock
- Pecuniary jurisdiction tells you how big the dispute can be
- Subject-matter jurisdiction tells you whether that door can ever open
If you enter the wrong door, the court will show you the exit—without hearing you.
In civil procedure, choosing the right court is half the case won.
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