For a civil suit within the town of Calcutta, the City Civil Court hears matters valued up to ten lakh rupees to the exclusion of the High Court, and the City Civil Court and the Calcutta High Court have concurrent jurisdiction where the value exceeds ten lakh rupees but does not exceed one crore rupees, so the plaintiff may choose. Above one crore rupees the suit lies on the original side of the Calcutta High Court. Outside the town of Calcutta the ordinary district judiciary applies — the courts of the Civil Judge (Junior Division) and Civil Judge (Senior Division), with appeals to the District Judge — so a suit about property in Behala, Garia or Sonarpur goes to Alipore, and one about property in Salt Lake, Rajarhat or Barasat goes to Barasat.
Question one: territorial jurisdiction
A suit for immovable property is instituted where the property is situated. This is what surprises people most often: an address that is “in Kolkata” in ordinary speech may be outside the town of Calcutta for the purpose of jurisdiction, and outside the ordinary original civil jurisdiction of the High Court.
Property in the older core of the city falls within that jurisdiction and within the territorial limits of the City Civil Court. Property in South 24 Parganas — which includes much of what is now southern Kolkata — falls within the district judiciary at Alipore. Property in North 24 Parganas, including Salt Lake and Rajarhat, falls within the district judiciary at Barasat. Property in Howrah falls within the courts at Howrah.
For suits not about immovable property, the ordinary rules apply: where the defendant resides or carries on business, or where the cause of action arose, in whole or in part.
Question two: value
Within the town of Calcutta, pecuniary jurisdiction is governed by the City Civil Court Act, 1953. Section 5(2) confers jurisdiction on the City Civil Court, and excludes the High Court, in suits not exceeding ten lakh rupees in value. The proviso inserted in 2013 gives the City Civil Court and the High Court concurrent jurisdiction where the value exceeds ten lakh rupees but does not exceed one crore rupees. Above one crore rupees the suit lies on the ordinary original civil jurisdiction of the High Court.
| Value of the suit | Court |
|---|---|
| Up to ₹10 lakh | City Civil Court, Calcutta (the High Court has no jurisdiction) |
| Above ₹10 lakh, up to ₹1 crore | City Civil Court or Calcutta High Court, at the plaintiff’s choice |
| Above ₹1 crore | Calcutta High Court, ordinary original civil jurisdiction |
Where the concurrent band applies, the choice is a real one and is made on considerations of cost, the nature of the interlocutory relief sought, and the course the matter is likely to take, rather than on any rule.
In the district judiciary outside Calcutta, jurisdiction is governed by the Bengal, Agra and Assam Civil Courts Act, 1887. The Court of the Civil Judge (Junior Division) hears suits up to the limit notified for it, and the Court of the Civil Judge (Senior Division) hears suits above that limit without an upper ceiling. [VERIFY: the current pecuniary limit notified for Civil Judges (Junior Division) in West Bengal under section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, including any court-specific enhancement under section 19(2) — obtain the current notification before publishing a figure]
How a suit is valued is not a matter of choosing a number. It is fixed by the West Bengal Court Fees Act, 1970 according to the relief claimed, and it determines both the court fee and the court. Undervaluing a suit to bring it within a lower court is a defect that can undo the decree, and it is dealt with in the guide to court fees.
Question three: whether a tribunal displaces the civil court
For a growing number of subjects the civil court is not the forum at all, and a suit filed there will be met with an objection.
Landlord and tenant. Under the West Bengal Premises Tenancy Act, 1997 the jurisdiction that formerly lay with the Rent Controller was transferred by amendments in 2005 and 2006, and a landlord now institutes a suit before the Civil Judge having jurisdiction, not an application before the Controller. The Controller retains functions, including the receipt of rent deposited where a landlord refuses it. This change is frequently missed, and a proceeding commenced in the wrong forum loses time that a tenancy matter can rarely spare.
Flats and promoters. Where a project is registered under the Real Estate (Regulation and Development) Act, 2016, a complaint against the promoter goes to the West Bengal Real Estate Regulatory Authority, with an appeal to the West Bengal Real Estate Appellate Tribunal.
Consumer complaints. A complaint by a consumer against a service provider goes to the District, State or National Commission according to value.
Land revenue and records. Correction of the record of rights, mutation, conversion under section 4C and the recording and termination of bargadars are matters for the revenue authorities under the West Bengal Land Reforms Act, 1955 and the appellate authorities under it, not for a civil suit. The West Bengal Land Reforms and Tenancy Tribunal has jurisdiction over specified matters arising under the land reforms and tenancy legislation.
Thika tenancies. Matters under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 lie before the Controller appointed under that Act.
Bank recovery. Recovery by a bank or financial institution above the prescribed threshold, and applications arising out of enforcement under the securitisation legislation, lie before the Debts Recovery Tribunal at Kolkata.
The distinction that matters is between a dispute about the record and a dispute about title. A question whether an entry in the record of rights is correct is for the revenue authority. A question whether a person is the owner is for the civil court, and no order of a revenue authority decides it.
Appeals
From a decree of the City Civil Court, an appeal lies to the Calcutta High Court. From a decree of the Civil Judge (Junior Division) or, within the limits provided, of the Civil Judge (Senior Division), an appeal lies to the District Judge; and beyond that a second appeal lies to the High Court on a substantial question of law. From a decree on the original side of the High Court, an appeal lies to a Division Bench.
Frequently asked questions
Is Bankshall Court where I file a property suit?
No. Bankshall Court is the City Sessions Court and hears criminal matters. Civil suits within the town of Calcutta go to the City Civil Court, which sits separately at Kiran Shankar Roy Road.
My flat is in Kolkata. Why has my suit gone to Alipore?
Because much of what is spoken of as Kolkata lies in South 24 Parganas, and the court having territorial jurisdiction there is at Alipore rather than in the town of Calcutta.
Can I choose to file in the High Court instead of the City Civil Court?
Only where the value of the suit exceeds ten lakh rupees and does not exceed one crore rupees. Below that the City Civil Court alone has jurisdiction; above it the High Court alone.
Should I go to the Rent Controller to evict a tenant?
No. Since the amendments of 2005 and 2006 a landlord institutes a suit before the Civil Judge having jurisdiction. The Controller retains other functions under the Act.
Jurisdictional limits and the constitution of tribunals are altered by amendment and notification. Which court has jurisdiction over a particular matter depends on the relief claimed, the value fixed under the Court Fees Act and the location of the property, and this page is not advice on any particular matter.