The main purpose of the establishment of Courts is for settling the disputes between the parties. It is also to let people know about their rights and duties regarding the matter in dispute. So whenever there is a controversy between the parties and they are unable to solve it themselves, one party can approach a Court by suing the other party.
Before moving on to the process of an institution of suit let’s take a look at some legal terms.
A suit is an action or proceeding other than a criminal prosecution brought in a court of law. Jurisdiction is the official power to make legal decisions and judgments. A plaintiff is a person who brings a case against another in a court of law. The defendant is an individual, institution, or a company sued or accused in a Court of law. Plaintiff submits the written complaint which is called the plaint. It contains the facts of the case and the relief which the plaintiff is redressing.
There are various categories of Courts. It is important to sue in a court of proper jurisdiction as non-compliance to it will lead to the rejection of plaint. As per section 15 of the Code of Civil Procedure, 1908 deals with the provision of a place of suing. It tells us where the case will start and where to apply of the suit. It says that the suit has to be filed in the Court of the lowest grade in addition, that Court competent to try it. This is necessary so that the Court of higher competency should not be overcrowded. But it doesn’t restrict the powers of the higher courts to not try the suit. Therefore, the higher court will return the application of the suit to the lower court competent to try it.
Jurisdictions are of two types:
(a) Territorial jurisdiction i.e. subject matter.
(b) Pecuniary jurisdiction i.e. money related
The pecuniary jurisdiction of Courts differs from State to State.
The territorial jurisdiction depends upon the subject matter of dispute. According to the subject matter, suits can be divided into three categories:
(a) Suits relating to immovable property.
As a general and fundamental rule, the suits relating to an immovable property will be filed in the Court where the property situates. The place of residence of the plaintiff or of the defendant is immaterial. It does not matter as to where a cause of action arises.
When the property is situated at different places and is under the jurisdiction of different Courts, the place of residence and the place of a cause of action are immaterial. The suit can be filed where any portion of the property situates. The property in question needs to be in India only.
(b) Suits relating to compensation for wrongs to movables or person.
The acts of tortious liability like negligence, nuisance, defamation, accident, and trespass etc. fall under this category. Under this the plaintiff has two options for filing the suit:
(a) Where the defendant resides, carries on business or personally works for gain
(b) Where the tortious act has taken place.
The place of residence of the plaintiff is immaterial.
(c) Other suits.
With the matter of the other suits, the place of residence of the plaintiff is immaterial. The suit can be filed where the defendant lives, carries on business or personally works for gain. In addition, the suit can also arise where the cause of action has arisen wholly or in part. Where there are more than the defendant and are residing in different places, different suits have to be filed at different courts.
Sometimes it becomes non-convenient for the plaintiff to sue at different places, then with the permission of the court and if the other defendants have no objection, then the suit can be filed where any one defendant lives.
In all the cases mentioned above, the one thing that is common is that the place of residence of the plaintiff is immaterial. The reason for this is that the plaintiff is the person who drags the defendant to the Court. As per the common rule, the plaintiff has to go to the defendant to claim his relief. Therefore, he has to sue as per the convenience of the defendant.
Rules regarding the institution of suits are important because we get to know the procedures as to where to file the suit.