Principle of jurisdiction in Nepal

Jurisdiction is a fundamental principle of procedural law that determines a court's authority to hear and decide a case. It establishes the legal boundaries within which a court can exercise its powers. The concept of jurisdiction ensures that disputes are resolved by the appropriate judicial body, preventing conflicting decisions and maintaining legal order.

Traditionally, jurisdiction is classified into territorial, subject matter, and personal jurisdiction. Territorial jurisdiction refers to the geographical limits within which a court can operate, subject matter jurisdiction defines the types of cases a court can hear, and personal jurisdiction concerns the authority over the parties involved. In Nepal, the Muluki Civil Procedure Code 2074 provides specific provisions governing jurisdiction to prevent legal uncertainties.

As a procedural law principle, jurisdiction ensures fairness, efficiency, and legal certainty in judicial proceedings. Without proper jurisdiction, any decision rendered by a court may be deemed invalid, emphasizing its crucial role in the administration of justice.

The jurisdiction of the court means the power and competence of the courts and other tribunals to determine disputes with an authority that will make the decision binding and enforceable within their own territory and capable of potential recognition and enforcement by the courts of other countries. It is the power or authority of the court to hear and determine the judicial proceeding and render judgment. Jurisdiction is the authority given to a legal body to deal with legal matters.

Paragraph 3 of the Basic Principles of the Independence of Judiciary, 1985 states that, " The judiciary shall have jurisdiction over all issues of a judicial nature and shall have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law."

Likewise, paragraph 4 of the principles guaranteed that "There shall not be any inappropriate or unwarranted interference with the judicial process, nor shall judicial decisions by the courts be subject to revision. This principle is without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary,as per the law."

The concept of jurisdiction answers questions like: Does the plaintiff have the right to invoke the power of the court in the given issue? Does the court have the power to entertain the issue brought by the plaintiff? Should the court entertain its power to determine the issue? The power of the court to deal with the issue that is called the jurisdiction depends on various factors including the subject matter of the debate, the nationalities or residence or presence of the party, location of the property in question, the place of occurrence of the cause of action, the amount in question and the nature of the case. Another important factor is the possibility of the execution of judgment. Judgment without enforceability has no meaning. Generally, the jurisdiction of the judicial bodies at the trial level is based on the amount and nature of the case.

The principle of jurisdiction helps to categorize the sorts of cases that are heard in different types of courts. The one who enters the court to file a lawsuit must convince the court that the concerned court has power or jurisdiction to proceed the particular case. Chapter 3 of the National Civil Procedure Code 2074 has incorporated the provision related to the jurisdiction. The concerned court shall have power as provided in law to proceed, hear and adjudicate, hear appeal, and revise or review them.

In relation to cases related to immovable properties and boundary, requiring on-site examination of the house or land, the district court of the district where such land, house or properties is situated shall have jurisdiction to proceed as mentioned in Muluki Civil Procedure Code 2074, Sec 18.

Following cases related to the properties in which the district the property is situated shall also be proceeded by the district court of that district:

• Cases involving the question of rent, crop, claimed amount, or related to possession or ownership.
• Cases related to freezing or preemption
• Cases related to the division of property
• Cases related to concern or interest in an immovable property,
• Compensation related to immovable properties.
• In a partition case, the district court of the district where the plaintiff or defendant is staying has the power to adjudicate the case.
• The district court of the district where the act has been done or where the defendant is residing has jurisdiction to proceed,
• If the plaintiff and defendant carry on general transaction in a district other than the district of their residence, the district where such transaction has been carried out or the district court of the district where the defendant or plaintiff is staying shall have jurisdiction.
• In any case, if there are two or more defendants, the plaint shall be filed in the district court of the district where the maximum number of the defendant is staying. If an equal number of defendants are staying in more than one district, the plaint may be filed in any district court of the district court where such defendants are staying.
• If any deed or contract is concluded in a foreign country, a case on such matter can be filed in any court of Nepal, in the district court of the district where the plaintiff or defendant is residing.
• If any deed or contract provides that, a case can proceed in a particular district court of Nepal, such district court shall have the power to proceed and adjudicate such case.
• If any case is decided by any court, which is not competent or which do not have jurisdiction, then in such condition, the decision made shall be void.

The principle of jurisdiction is a cornerstone of procedural law, ensuring that courts operate within their designated authority to maintain legal order and fairness. It defines the competence of judicial bodies in handling disputes based on factors such as subject matter, territorial limits, and personal authority over parties. Nepal’s Muluki Civil Procedure Code 2074 outlines specific jurisdictional provisions to prevent conflicts and legal uncertainties. By categorizing cases under appropriate courts, jurisdiction upholds the rule of law and ensures the enforceability of judgments. Without proper jurisdiction, legal decisions become void. Thus, jurisdiction remains essential for an effective and just legal system.