Important legal points regarding jurisdiction of a Civil Court

In Code of Civil Procedure by C.K. Thakker Vol. 1 at page 94 the author mentions as follows:

(1) A civil court has jurisdiction to try all suits of a civil nature unless their cognizance is barred either expressly or impliedly. 

(2) Consent can neither confer nor take away jurisdiction of a court. 

(3) A decree passed by a court without jurisdiction is nullity and the validity thereof can be challenged at any stage of the proceedings, in execution proceedings or even in collateral proceedings. 

(4) There is a distinction between want of jurisdiction and irregular exercise thereof. 

(5) Every court has inherent power to decide the question of its own jurisdiction. 

(6) Jurisdiction of a court depends upon the averments made in the plaint and not upon the defendant in the written statement. 

(7) For deciding jurisdiction of a court, substance of the matter and not the form is important. 

(8) Every presumption should be made in favour of jurisdiction of a civil court. 

(9) A statute ousting jurisdiction of a court must be strictly construed. 

(10) Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it. 

(11) Even where jurisdiction of a civil court is barred, it can still decide whether the provisions of the Act have been complied with or whether the order was passed de hors the provisions of law.

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