eng
competition

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legal dictation 3

created Oct 23rd 2018, 06:34 by Jeetu Sharma1


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Section 15 of the Civil Procedure Code lays down that every suit must be instituted in the Court of the lowest grade having jurisdiction to hear it. Sections 16 and 17 lay down certain restrictions as to the locality where certain suits affecting immoveable property can be instituted. Section 20 lays down a further restriction that a suit must be instituted where one or more of the defendants actually and voluntarily reside or carry on business or personally work for gain or where the cause of action arises, “Wholly or in part”.
 
When a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, has jurisdiction in any locality, ordinary Civil Courts cannot try suits, which are cognizable by that Court unless it is expressly provided otherwise by the aforesaid Act or any other enactment, Like- Section 16 of the Provincial Small Causes Courts Act, 1887.
 
Jurisdiction where defendant sets up a claim which is beyond pecuniary jurisdiction of the Court. It sometimes happens that though a suit is prima facie within the jurisdiction of a Court it becomes necessary to order the payment of an amount which is more than the limits of the pecuniary jurisdiction of the Court.

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