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Why civil suit - district court

hi ,

i have a civil sut runnign in a district court in madurai and the case is in trial stage. can the case be transferreed to a lower sub court at this stage of cas just because the defendant had given in her written statemnet stated that the valuation doone is low and it doenst fall in such court.

also, in general, why do most of advocates always prefer to start filing a case at munisf/sub court rather than filing it directly at the district level even if the property value is high and meets the requirements?

. is it because district courts are strict and success rate is low and next level of appeal being only at high court and so do some advocate avoid going directly to ti? other than the property value, is there any special requiremnt for a case to be admitted at district court or is it based on the acumen/smartnes of the advocate filing it.

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4 Replies

R.Ramachandran (Advocate) 19 March 2018

1. There are two jurrisdictions. One is territorial and the other is pecuniary.

2. If the cause of action/property is situated under a jurisdiction of a particular Court, then the Case has to be filed in that Court only. Further, if within the said jurisdiction, the pecuniary jurisdiction (the value of the suit) falls under a particular Court, then the same has to be filed before that court which has pecuniary jurisdiction.

Therefore, neither an Advocate nor a Client can choose a particular court according to his choice and wish. What decides the particular court in which a case can be filed is the value of the suit and the territorial jurisdiction and nothing else.

As regards your further query, about success rate etc., it is to be always remembered that unless the decision rendered by any court (whether lower or at District or High Court level) is sound on legal basis leaving no chance for appeal on any grounds, the other party will definitely approach higher courts in appeal. Therefore, it is futile and foolhardy to think that one can get favourable order at lower courts than at higher courts!

KISHAN DUTT KALASKAR (Advocate) 19 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

TGK REDDI 19 March 2018

Advice to engage an Advocate and help from lawyersclubindia shouldn't go together.

TGK REDDI 19 March 2018

There's one another jurisdiction in addition to the above two; it is: subject-matter jurisdiction. Some forums such as Revenue Courts and RTI bar civil and criminal courts to interfere in their matters.

This's a very typical case. I understand the pecuniary limits were raised after the case had been taken on file. Nothing can be done now. Retrospective action is not possible.