Court in which suits to be instituted
Full Text
Every suit shall be instituted in the Court of the lowest grade competent to try it.
Plain English Summary
Section 15 lays down the fundamental procedural rule of hierarchy that every suit must be instituted in the court of the lowest grade competent to try it. It aims to prevent superior courts from being overcrowded with matters triable by junior courts.
Key Legal Elements
- Rule of Hierarchy: Mandates filing of every civil suit in the court of lowest grade competent to try it.
- Competence Elements: Involves both pecuniary competence (Section 6) and territorial competence (Sections 16–20).
- Administrative Objective: Formulated for administrative convenience to prevent overburdening of superior courts.
- Effect of Non-Compliance: Irregularity rather than total defect of jurisdiction; plaint is liable to be returned under Order 7 Rule 10.
Practical Note
Procedural hierarchy vs. jurisdiction: Section 15 is a rule of procedure and administrative distribution of judicial business, not of absolute jurisdiction. A decree passed by a higher grade court having general jurisdiction is an irregularity, not a void nullity. However, if a plaint is instituted in a higher court when a lower competent court exists, the court will return the plaint under Order 7 Rule 10 for presentation to the lowest competent forum.
हिंदी पाठ
प्रत्येक वाद उस निम्नतम पंक्ति के न्यायालय में संस्थित किया जाएगा जो उसका विचारण करने के लिए सक्षम है।