Whether appellate forum under rent law depends on pecuniary jurisdiction of court?

From the perusal of the plaint as well as the reliefs sought in the same it was certainly a suit instituted under Section 28 of the Bombay Rent Act before the learned 2nd Joint Civil Judge, Senior Division, Jalgaon and for deciding the jurisdiction for appeal, valuation made in the appeal memo and the remittance of court-fees cannot be the sole ground in a suit which was instituted under a special statute. Section 29 of the Bombay Rent Act provides, inter alia, that notwithstanding anything contained in any law, an appeal shall lie from a decree or order made by the Civil Judge, to the District Court.

"If a suit falls within the purview of Section 28, the rules with regard to the jurisdiction laid down in the Civil Procedure Code have no application. It is not permissible to ask the further question whether the special Court set up under the section has the necessary pecuniary jurisdiction or even the necessary territorial jurisdiction. The special Courts have exclusive jurisdiction with respect to a particular subject-matter and their jurisdiction arises, not by reason of any pecuniary or territorial jurisdiction, but their jurisdiction arises by reason of the subject-matter being of the nature mentioned in the section. In order to determine the jurisdiction of the special Court, the only thing has to be looked at is the subject-matter of the suit; and if the subject-matter of the suit is that which is described in the section, the special Court has jurisdiction and no further question as to its pecuniary or territorial jurisdiction can arise."

10. We are, therefore, satisfied that the view taken by the learned 3rd Additional District Judge, Jalgaon, in returning the appeal on the ground of pecuniary jurisdiction is unsustainable and the appeal against the order passed by the learned 2nd Joint Civil Judge, Senior Division, Jalgaon, in Special Civil Suit No. 441 of 1998 would lie before the District Court only.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

First Appeal No. 900 of 2002

Decided On: 17.02.2003

Ramesh s/o Bhikamchand Jain Vs.  Corporation Bank

Hon'ble Judges/Coram:

B.H. Marlapalle and V.G. Munshi, JJ.

Citation: 2003(3) MHLJ 30,2004(2) Bom CR874

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Supreme Court:Basic concept of expression 'subject matter of suit' for the purpose of withdrawal of suit with liberty to file fresh suit

The only contention that was seriously pressed before us on behalf of the appellant was that the suit under appeal is not maintainable as the condition precedent imposed by the court in the earlier suit namely the payment of defendants' costs by the plaintiff before bringing a fresh suit on the same cause of action had not been complied with. We do not think that this contention is well founded. Rule 1, Order 23, Code of Civil Procedure empowers the courts to permit a plaintiff to withdraw from the suit brought by him with liberty to institute a fresh suit in respect of the subject-matter of that suit on such terms as it thinks fit. The terms imposed on the plaintiff in the previous suit was that before bringing a fresh suit on the same cause of action, he must pay the costs of the defendants. Therefore we have to see whether that condition governs the institution of the present suit. For deciding that question we have to see whether the suit from which this appeal arises is in respect of the same subject-matter that was in litigation in the, previous suit. The expression "subject-matter" is not defined in the Civil Procedure Code. It does not mean property. That expression has a reference to a right in the property which the plaintiff seeks to enforce. That expression includes the cause of action and the relief claimed. Unless the cause of action and the relief claimed in the second suit are the same as in the first suit, it cannot be said that the subject-matter of the second suit is the same as that in the previous suit. Now coming to the case before us in the first suit Dr. Madan Lal was seeking to enforce his right to partition and separate possession. In the present suit he seeks to get possession of the suit properties from a trespasser on the basis of his title. In the first suit the cause of action was the division of status between Dr. Madan Lal and his adoptive father and the relief claimed was the conversion of joint possession into separate possession. In the present suit the plaintiff is seeking possession of the suit properties from a trespasser. In the first case his cause of action arose on the day he got separated from his family. In the present suit the cause of action, namely, the series of transactions which formed the basis of his title to the suit properties, arose on the death of his adoptive father 'and mother. It is true that both in the previous suit as well as in the present suit the factum and validity of adoption of Dr. Madan Lal came up for decision. But that adoption was not the cause of action in the first nor is it the cause of action in the present suit. It was merely an antecedent even which conferred certain rights on him. Mere identity of some of the issues in the two suits does not bring about an identity of the subject matter in the two suits. As observed in Rakhma Bai v. Mahadeo Narayan(1), the expression "subject matter" in Order 23, Rule 1, Code of Civil Procedure means the series of acts or transactions alleged to exist giving rise to the relief claimed. In other words "subject matter" means the bundle of facts which have to be proved in order to entitle the plaintiff to the relief claimed by him. We accept as correct the observations of Wallis C.J. in Singa Reddi v. Subba Reddi(2), that where the cause of action and the relief claimed in the second suit are not the same as the cause of action and the relief claimed in the first suit, the second suit cannot be considered to have been brought in respect of the same subject matter as the first suit. For the reasons mentioned above this appeal fails

Supreme Court of India

Vallabh Das vs Dr. Madan Lal & Ors on 2 April, 1970

Equivalent citations: 1970 AIR 987, 1971 SCR (1) 211

BENCH:
HEGDE, K.S.
SHAH, J.C.

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When two suits are not in respect of same subject matter?

The question is whether the previous suit was a suit for the same subject-matter as the present suit-within the meaning of Order XXIII, Rule 1. We are of opinion that "subject-matter" means, to use the words of Order I, Rule 1, " the series of acts or transactions alleged to exist giving rise to the relief claimed." Obviously the first series of acts or transactions which formed the basis of the first suit was incomplete, or the plaintiff would have been able to prosecute his suit to decree. It was incomplete because there was no notice to quit. The second series of acts or transactions is complete because the notice to quit has been given, and therefore, the two suits are not in respect of the same subject-matter.

Bombay High Court

Rakhmabai Piraji Sapkal vs Mahadeo Narayan Bundre on 1 November, 1917

Equivalent citations: (1918) 20 BOMLR 35, 43 Ind Cas 752

Bench: B Scott, K C.J., Batchelor

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Whether order passed by a court without jurisdiction over subject matter of suit would be nullity?

The core question is as to whether an order passed by a person lacking inherent jurisdiction would be a nullity. It will be so. The principles of estoppel, waiver and acquiescence or even res judicata which are procedural in nature would have no application in a case where an order has been passed by the Tribunal/Court which has no authority in that behalf. Any order passed by a court without jurisdiction would be coram non judice being a nullity, the same ordinarily should not be given effect to. [See Chief Justice of Andhra Pradesh and Another v. L.V.A. Dikshitulu and Others - AIR 1979 SC 193 & MD Army Welfare Housing Organisation v. Sumangal Services (P) Ltd. (2004) 8 SCC 619].

This aspect of the matter has recently been considered by this Court in Harshad Chiman Lal Modi v. DLF Universal Ltd. and Another [(2005) 7 SCC 791], in the following terms :

"We are unable to uphold the contention. The jurisdiction of a court may be classified into several categories. The important categories are (i) Territorial or local jurisdiction; (ii) Pecuniary jurisdiction; and (iii) Jurisdiction over the subject matter. So far as territorial and pecuniary jurisdictions are concerned, objection to such jurisdiction has to be taken at the earliest possible opportunity and in any case at or before settlement of issues. The law is well settled on the point that if such objection is not taken at the earliest, it cannot be allowed to be taken at a subsequent stage. Jurisdiction as to subject matter, however, is totally distinct and stands on a different footing. Where a court has no jurisdiction over the subject matter of the suit by reason of any limitation imposed by statute, charter or commission, it cannot take up the cause or matter. An order passed by a court having no jurisdiction is nullity."1

Supreme Court of India

Hasham Abbas Sayyad vs Usman Abbas Sayyad & Ors on 12 December, 2006

Citation;2007(3) MhLj 56;(2007)2SCC355

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