Chapter III JURISDICTION, RES JUDICATA AND LIMITATION

The following are the suits which shall be cognizance by village courts (namely)-claims for money due on contract, or for movable property, or for the value of such property, [or for any tax, fee, or other sum due to a local authority], when the debt or demand does not exceed in amount or value the sum of rupees two hundred whether on balance of account or otherwise : Provided that no action shall be brought in any such court-

1. (1) on a balance of partnership account unless the balance shall have been struck by the parties or their agents ;
2. (2) for a share or part of a share under an intestacy, or for a legacy or part of a legacy under a will ;
3. (3) for rent for land unless such rent be due upon a written contract signed by the defendant ;
4. (4) by or against the Government or public officers in their official capacity ;
5. (5) by and against minors or persons of unsound mind. 14.

Court in which suit to be instituted Subject to the provisions contained in section 16, every suit brought under this Act shall be instituted in the village court within the local limits of whose jurisdiction all the defendants at the time of the commencement of the suit reside, or carry on business, or personally work for gain.

1. (1) NO village munsif shall try any suit to which he is a party, or in which he is personally interested, or shall adjudicate upon any proceeding connected with, or arising out of, such suit. Every such suit or proceeding may be instituted in the village court of any village immediately adjoining.
2. (2) When any member of a panchayat court is a party to, or personally interested in, any suit or proceeding before such court, he shall withdraw from the court during the hearing of such suit or proceeding and shall take no part in its determination.

No village court shall try any suit brought on a cause of action, which has been heard and determined by a court of competent jurisdiction, in a former suit, between the same parties, or those under whom they claim.

Every suit instituted in a village court shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of such court. If a plaintiff omit to sue in respect of, or intentionally relinquish any portion of his claim, he shall be precluded from bringing a fresh suit for or in respect of the portion so omitted or relinquished.

If in the decision of a suit cognizable by a village court it becomes necessary to decide incidentally any matter in dispute between the parties to the suit, concerning title to immovable property, or the legal character of either of them, or of those under whom they claim, or the existence of any contract or obligation, which if it had been the immediate subject matter of the suit, would not be cognizable under this Act by a village court, it shall be competent to the village court to decide such question of title, legal character, contract or obligation as far as may be necessary for the determination of such suit; but such decision shall not be evidence of such title, legal character, contract or obligation in any other action though between the same parties or their representatives.

The provisions of the Indian Limitation Act, 1877: shall apply to suits and applications under this Act.

A.

1. (1) If a suit which is triable by a village court is instituted in the court of a District Munsif, he may, unless sufficient reasons exist to the contrary, transfer it to the village court.
2. (2) Where a District Munsif tries a suit which is triable by a village court and is of opinion that the suit ought to have been instituted in the village court, no costs shall be allowed to a successful plaintiff and a successful defendant shall be allowed his costs as between pleader and client.

1. (1) The District Munsif may, on the application of any of the parties, withdraw any suit from a village court and try the suit himself, as if it had been instituted in his court, or transfer it for trial to any other village court within the local limits of his jurisdiction : Provided that any party applying to have a suit withdrawn from a village court and tried by the District Munsif shall, before any such order of transfer is made, pay the amount of the fees payable under the Court Fees Act, 1870, in respect thereof.
2. (2) Pending disposal of any application under sub-section
3. (1) the District Munsif may order a stay of proceedings in the village court.