Code of Civil Procedure, 1908

Section 6 CPC: Pecuniary Jurisdiction of Civil Courts

Section 6 of the Code of Civil Procedure, 1908 (CPC) limits the monetary value of suits that a civil court may entertain. It does not itself set a uniform rupee limit for every court in India.

Section 6 CPC - Statutory provision

Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

This provision means that the CPC cannot, by itself, confer jurisdiction on a court to hear a civil suit valued above the monetary ceiling applicable to that court. An express statutory provision may provide otherwise.

Meaning of pecuniary jurisdiction

Pecuniary jurisdiction is the authority of a court to hear a suit according to the monetary value of its subject matter. The applicable financial limit depends on the legislation, notifications and court structure governing the relevant court and location. The amount claimed and the legally prescribed method of valuation must be considered together.

How Section 6 operates

  • Upper monetary limit: a court ordinarily cannot try a suit exceeding its statutory pecuniary ceiling.
  • Express exceptions: a specific legal provision can alter the ordinary jurisdictional rule.
  • State and court variations: financial thresholds differ by jurisdiction and can change through legislation or valid notifications.
  • Other jurisdictional requirements: a suit must also satisfy territorial and subject-matter jurisdiction rules.

Illustrative example

Suppose a civil court has an applicable pecuniary ceiling of Rs. 10 lakh and a properly valued suit is worth Rs. 15 lakh. Section 6 does not empower that court to entertain the suit merely because the CPC generally governs civil procedure. The case must be brought before a court with the requisite jurisdiction, subject to any express legal exception.

The amounts in this example are hypothetical and do not represent the current limits of any particular Indian court.

  • Section 9: civil courts have jurisdiction to try suits of a civil nature unless cognizance is expressly or impliedly barred.
  • Section 15: every suit shall be instituted in the court of the lowest grade competent to try it.
  • Sections 16 to 20: rules relating to the place of suing and territorial jurisdiction.
  • Section 21(2): an objection as to a court's competence with reference to pecuniary limits cannot be allowed by an appellate or revisional court unless it was taken in the court of first instance at the earliest possible opportunity (and, where issues are settled, at or before such settlement) and there has been a consequent failure of justice.
  • Order VII Rule 10: return of a plaint for presentation to the court in which the suit should have been instituted, subject to applicable law.
Important distinction: Section 6 restricts the grant of pecuniary jurisdiction. Section 21(2) separately governs when an objection concerning pecuniary competence may succeed on appeal or revision. The two provisions must be read together.

How is a suit valued for jurisdiction?

Suit valuation depends on the relief claimed and the applicable rules, including the Suits Valuation Act, 1887, the relevant court-fees legislation, and any applicable state amendments or special enactments. Valuation for court fees and valuation for jurisdiction may coincide in some cases but should not automatically be treated as identical in every case.

For example, the valuation of a money-recovery suit may be straightforward, while suits concerning declarations, possession, partition or other relief may require applying specific statutory valuation rules.

Frequently asked questions

Does Section 6 prescribe a fixed financial limit for all civil courts?

No. Section 6 recognizes pecuniary limits fixed by other applicable laws; it does not prescribe one nationwide monetary ceiling.

Can parties give a court pecuniary jurisdiction by agreement?

No. Consent or agreement cannot confer jurisdiction on a court that lacks it under the applicable law.

Can an objection to pecuniary jurisdiction be raised on appeal?

Section 21(2) CPC imposes specific requirements, including timely objection before the trial court and a consequent failure of justice. A late objection does not automatically succeed.

Is pecuniary jurisdiction the same as territorial jurisdiction?

No. Pecuniary jurisdiction concerns monetary limits; territorial jurisdiction concerns the geographical area within which a court may hear a dispute.

Official legal references

Legal information is provided for general understanding. Verify applicable state amendments, court-specific pecuniary thresholds and current notifications before filing a suit.