Civil Jurisdiction of Courts in Myanmar
Civil Jurisdiction of Courts in Myanmar
Civil Jurisdiction of Courts in Myanmar
the amount or value of the subject-matter of which exceeds the pecuniary limits (if any)
of its ordinary jurisdiction.
According to Notification No.1030/2020, the Supreme Court of the Union, under
section-63 of the Union Judiciary law, 2010, has vested the judicial power to the judge of
the Courts of Self-Administered Division, Courts of the Self-Administered Zone, District
Courts regarding the civil regular suit or original cases, the suit value not more than
Ks.30000 lakhs and The deputy judge of the Self-Administered Division, of the Self-
Administered Zone, and Deputy District Judge regarding the civil regular suit or original
cases, the suit value not more than Ks.15000 lakhs. The Supreme Court of the Union,
under section-64 of the Union Judiciary law, 2010, conferred the judicial power for
appeal in civil cases to the judges of the Court of Self-Administered Division, Court of
Self-Administered Zone and District Court regarding the decree or order passed by the
Township Court for original civil regular cases.
With regard to the subject-matter jurisdiction of the courts, it refers to a Court’s
authority to hear a particular case. It is the requirement that a given court have power to
hear the specific kind of claim that is brought to that court. Subject-matter cases are
Succession Certificates, Letters of Administration, Dissolution of Christian marriage,
Probate of the will.
With regard to personal jurisdiction, head of states and diplomats are not to be
sued in civil courts.
In connection with the territorial jurisdiction, section-15 of the Code of Civil
Procedure (1908) provides that every suit shall be instituted in the Court of the lowest
grade competent to try it. In the case of Maung Sit Paing and one vs. Maung Tun and
four (4, B.L.J, p-104), Section-15 of the Civil Procedure Code, 1908 lays an imperative
duty on the suitor to bring his suit in the Court of lowest grade but does not deprive the
higher court of its jurisdiction to try the suit. That section is intended to prevent the court
of higher grade from being overcrowded with suits and is for the benefit of such Courts.
The higher court is not bound to take advantage of it and can try such suits.
According to section-16 of the Code of Civil Procedure (1908), subject to the
pecuniary or other limitations prescribed by any law, suits-
(a) for the recovery of immoveable property with or without rent or profit,