Civil Procedure Code, 1908, Section 16 -- Unlimited pecuniary jurisdiction - Objection regarding valuation of suit and Court fees - Where suits are filed in a Court having unlimited pecuniary jurisdiction, defendant does not have any vested right to raise objections regarding valuation of suit property and Court fees paid thereon - In case valuation is disclosed by..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to Court fee - Only in cases where question of payment of court fee affects the very pecuniary jurisdiction, it is necessary for court to investigate, examine and then decide it as a preliminary issue - In other disputes relating to court fee, it should be left to the discretion of court either to..........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Court shall be deemed to be Court of competent jurisdiction if at the time of making application for transfer it had pecuniary competence to try the suit as per S.39(3) CPC...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Expression `District Court' in S.44-A CPC for execution of foreign decree, will be construed to be a Court holding ordinary original civil jurisdiction in terms of its pecuniary limits as being notified u/s 5(2) of Delhi High Court Act...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Principal civil Court of original jurisdiction is normally a District Court - But where there is a split jurisdiction based on its pecuniary value, notified from time to time, District Court or High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
