Deciding Jurisdictional Issues as Preliminary Issues in Civil Suits

In civil suits, jurisdictional issues are of extreme importance as they determine the forum of the court in which a suit can be instituted. The question of territorial jurisdiction arises when the cause of action arises at a different place from where the suit is instituted. The issue of jurisdiction can be decided as a preliminary issue by the court if it satisfies two conditions, namely, the issue is a legal issue and it affects the jurisdiction of the court. In the case of Kalyan Complex v. Vadami Devi, the Andhra Pradesh High Court held that the question of territorial jurisdiction ought to be tried as a preliminary issue, in accordance with the law declared by the Kerala High Court in Femina Handloom of India v. Verma and Sons.

The court further elaborated that Order XIV Rule2 of the Code of Civil Procedure (CPC) empowers the court to decide the question of jurisdiction as a preliminary issue, even if the trial has commenced or has been completed. The Kerala High Court also laid down a similar principle in the case of Femina Handloom of India v. Verma and Sons. The court observed that the jurisdictional fact for the issue is necessary to be decided and it can be done even for deciding the preliminary issue. The court further stated that the jurisdiction of the court depends on the proof of a fact and the parties can lead evidence before the court to support their respective cases. The Bombay High Court, in the case of Rajan Dhansukhlal Vora v. Dinesh Bacchubhaiparekh And Others, also held that the court is entitled to receive evidence for deciding the jurisdictional fact, even while deciding the preliminary issue. It further observed that the question of jurisdiction raised by way of demurrer must be decided based on the allegations made in the plaint and not on the contentions raised by the defendant.

The Supreme Court, in the case of Dr. Ashok Singhal v. Dr. Inder Kumar, laid down the two conditions that must be satisfied for an issue to be considered as a preliminary issue. The issue must be a legal issue and it must affect the jurisdiction of the court. In another case, Sathyanath And Another (S) v. Sarojamani (S), the Supreme Court discussed the provisions of Order XIV Rule2 before its amendment by Act104 of1976. The court stated that the jurisdiction to try issues of law apart from the issues of fact can only be exercised if the entire suit can be disposed of on issues of law alone. It further observed that the court does not have the jurisdiction to try a suit on mixed issues of law and fact as preliminary issues.

In conclusion, the issue of territorial jurisdiction in civil suits is an important aspect that must be decided by the court. Any question regarding jurisdiction can be dealt with as a preliminary issue, provided that it satisfies the conditions laid down by the court.

-Kunal Sinha

Kunal Sinha is a qualified lawyer based in New Delhi, India with expertise in the fields of civil litigation,commercial litigation and commercial contracts. He has had the privilege of acting for his clients in the Supreme Court of India, High Court of Delhi and District Courts in Delhi/Gurgaon. He can be contacted viaemail (chambers.sinha@gmail.com) or by phone (+91 8287409593).