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Section 6: Pecuniary jurisdiction

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 5 All 158 Sections of Code of Civil Procedure Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 establishes the statutory limitation of pecuniary jurisdiction, barring civil courts from entertaining suits the value of the subject-matter of which exceeds their pecuniary limits.

  • Pecuniary Jurisdiction Bar: 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 of its ordinary jurisdiction.
  • Determined by Plaint Valuation: Pecuniary jurisdiction is determined initially by the valuation stated in the plaint, subject to the Court Fees Act, 1870 and Suits Valuation Act, 1887.
  • Coram Non Judice Consequence: A decree passed by a court lacking pecuniary jurisdiction is irregular, though curable under Section 21(2) unless prejudice is demonstrated.
Key Landmark Precedents:
  • Kiran Singh v. Chaman Paswan, AIR 1954 SC 340: The Constitution Bench settled that while a defect of territorial or pecuniary jurisdiction does not go to the root of competence unless prejudice is shown under Section 21, courts must rigorously enforce Section 6 limits at the threshold.
  • Tara Devi v. Sri Thakur Radha Krishna Maharaj, (1987) 4 SCC 69: The Supreme Court held that the plaintiff has liberty to value the suit under Section 6, but the court can intervene if the valuation is arbitrary or undervalued to evade proper jurisdiction.
Courtroom Practice & Strategic Litigation Guidance:

In valuation challenges under Order 7 Rule 11, demonstrate that the actual market value exceeds the trial judge's pecuniary ceiling under Section 6, compelling return of the plaint under Order 7 Rule 10 for presentation before the Senior Civil Judge or High Court.

Section 5 All 158 Sections of Code of Civil Procedure Section 7