Civil Courts

Description

Section 9 of the Civil Code of Procedure, 1908 deals with jurisdiction of the civil courts in India. It says that the courts shall have jurisdiction to try all suits of a civil nature except suits of which cognizance is either expressly or impliedly barred. In the essay ahead, the researcher shall analyze various judgements on the jurisdiction of civil courts in order to ascertain the parameters and dynamics which govern the civil courts.

A civil court has jurisdiction to try a suit if following two conditions are fulfilled :

  • The suit must be of civil nature
  • The cognizance of such a suit should not have been expressly or impliedly barred.

Types of Civil Court

  • District Court These courts are headed by the District judge and additional district judges, within the civil courts hierarchy of each state in India. These courts come at the second highest position and are constituted by the state governments for each district or for a few districts together. Civil cases which are between the monetary value of rupees 3 lakh and rupees 20 lakh are filed before the district judges or additional district judges.
  • Senior Civil Judge Court After the district court, the court that falls next in the hierarchy of civil courts in India is the senior civil judge court. This is the court which entertains regular matters which require proper civil trial following all the rules of procedure and evidence given in the civil procedure court.
  • Civil Judge Court This is a lower level civil court which too entertains civil matters. Civil cases which are upto a monetary value of rupees 3 lakh are filed before such courts.
  • Small Cause Court This is the lowest level civil court in India and is established to adjudicate upon small cause matters like custody matters, guardianship which does not need an extended or detailed trial. Cases which are below the value of rupees 3 lakh are filed with this court.