In which Court a civil case to be filed?

Place of suing (or) place where suits to be instituted:

“Every suit shall be instituted to in the Court of the lowest grade. (subject to pecuniary jurisdiction).

Generally – every suit shall be instituted in a Court where the defendant resides; (or) where any one of the defendants resides or doing business; (or) where the cause of action arises (wholly or partly).

If the parties to the suit had already entered into a unambiguous contract regarding the jurisdiction of the court to which they institute their suit, then such contract is valid and it oust the jurisdiction of other courts.

In some special cases, the following are the jurisdictions to institute a suit:

(1) Suits on immovable property shall be filed where the subject-matter of the immovable property is situate. (property means property situate in India).

(2) If the immovable properties situate within different jurisdictions of different courts, such suit may be instituted in the court in which any portion of the property is situate.

(3)  If the jurisdiction of the court is uncertain (confusion as to in which court to institute that suit), any one of those courts may record such uncertainty and entertain that suit.

(4) Where a suit is for compensation for wrongs to person, such suit may be instituted within the jurisdiction of the court in which the defendant resides or where the wrong was done. (at the option of the plaintiff).

(5) Where a suit for compensation for wrongs to movable property, such suit may be instituted within the jurisdiction of the court in which the defendant resides or where the wrong was done. (at the option of the plaintiff).

(6)  Objection to such jurisdictions: Where the defendant raises the issue of competency of the court to try the suit regarding ‘proper jurisdiction’ he can do so at the earliest opportunity i.e. before the before/or at the time of settling the issues and not thereafter. (Defendant cannot raise such objection in the appellate stage).

Which averments decide its jurisdiction of a Court:

The allegations made in the plaint alone decide the forum of court.

The defence taken in the written statement by the defendant does not decide the jurisdiction of the Court. – The Supreme Court has held.

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