In Code of Civil Procedure by C.K. Thakker Vol. 1 at page 94 the author mentions as follows: (1) A civil court has jurisdiction to try all suits of a civil nature unless their cognizance is barred either expressly or impliedly. (2) Consent can neither confer nor take away jurisdiction of a court. (3) A decree passed by a court without jurisdiction is nullity and the validity thereof can be challenged at any stage of the proceedings, in execution proceedings or even in collateral proceedings. (4) There is a distinction between want of jurisdiction and irregular exercise thereof. (5) Every court has inherent power to decide the question of its own jurisdiction. (6) Jurisdiction of a court depends upon the averments made in the plaint and not upon the defendant in the written statement. (7) For deciding jurisdiction of a court, substance of the matter and not the form is important. (8) Every presumption should be made in favour of jurisdiction of a civil court. (9) A statute ousting jurisdiction of a court must be strictly construed. (10) Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it. (11) Even where jurisdiction of a civil court is barred, it can still decide whether the provisions of the Act have been complied with or whether the order was passed de hors the provisions of law.
Posted on: Thu, 06 Nov 2014 12:10:03 +0000
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