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Section 9

The document discusses jurisdiction under the Code of Civil Procedure (CPC) in India. It defines jurisdiction as the power or authority of a court to hear and determine a case. Section 9 of the CPC broadly discusses the concept of jurisdiction and states that a civil court can try any suit of a civil nature, unless jurisdiction is expressly or impliedly barred. The document outlines the differences between subject matter jurisdiction, territorial jurisdiction, pecuniary jurisdiction, and original vs appellate jurisdiction. It also discusses express and implied bars to a court's jurisdiction under the CPC.

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ajay narwal
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1K views12 pages

Section 9

The document discusses jurisdiction under the Code of Civil Procedure (CPC) in India. It defines jurisdiction as the power or authority of a court to hear and determine a case. Section 9 of the CPC broadly discusses the concept of jurisdiction and states that a civil court can try any suit of a civil nature, unless jurisdiction is expressly or impliedly barred. The document outlines the differences between subject matter jurisdiction, territorial jurisdiction, pecuniary jurisdiction, and original vs appellate jurisdiction. It also discusses express and implied bars to a court's jurisdiction under the CPC.

Uploaded by

ajay narwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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JURISDICTION

Jurisdiction under CPC

Section 9 CPC Jurisdiction as per

Difference between Subject matter


civil suit & suit of civil
nature
Pecuniary
(Sec.6)
Express and Implied
Bar
Territorial
(Sec.16-20)
• Term “Jurisdiction” is not defined in CPC.
• It means power or authority of a Court of law to
hear and determine a cause or matter.
• Section 9 broadly talks about the concept of
jurisdiction under CPC.
• Sec.9 is considered as gateway to Civil Procedure
Code.
• Based upon the maxim of “Ubi jus ibi remedium”,
which means wherever there is a right, there is a
remedy.
• Hence wherever a litigant is a having a grievance of
civil nature, he can institute a civil suit in the court of
competent jurisdiction.
• Decision as to whether a particular Court has jurisdiction or
not?
– M.S.Hasnuddin v. State of Maharashtra, AIR 1979 SC 404
• Hirday Nath v. Ram Chandra, AIR 1921
– It meant the authority which the court has to decide
matters that are litigated before it or to take cognizance of
matters presented in a formal way for its decision.
• Kinds of Jurisdiction
– Subject –matter jurisdiction (Ex. Consumer Forum, Rent
Controller, Criminal cases not entertained by civil court,
Family disputes etc.)
– Original and appellate jurisdiction
– Territorial & Pecuniary Jurisdiction
• Section 9 of CPC
• The Court shall have jurisdiction to try all suits of civil
nature excepting suits of which their cognizance is
either expressly or impliedly barred.
• A civil court can try a suit if these conditions are
satisfied :
– A suit must be of civil nature;
– Cognizance of such suit shall not be barred either
expressly or impliedly.
• In Abdul Gafur v. State of Uttarakhand, 2008 SC, It
was held that every civil court has an inherent
jurisdiction to try all suits of civil nature.
• Suit of civil nature
– There can be civil suit or suit of civil nature.
– Whenever a person is having a civil legal right and if such
right is violated then it gives rise to COA, hence person
can file a civil suit for remedy.
– Term suit of civil nature is used in wider sense. It talks
about a situation where some issues are violation of civil
legal rights and some issues are of social or religious
nature.
– If the issue relating to civil right is the main issue for which
the suit is filed, then it will be a suit of civil nature.
• in such situation it can not be called pure civil suit
rather it will be called suit of civil nature.
• Suit of civil nature
– Right of pardanasheen lady to observe parda?
– Right to take out religious procession?
• Shaik Piru v. Kalindi Pati, AIR 1964
– Right to worship in a temple?
P. Majlissae Islamia v. Sheik Muhammad, AIR
1963
– Person expelled from caste, can he file a suit for
reinstatement?
– Suit filed for contribution of funds for holding
religious festivals?
– Right to religious honour?
Cognizance is either expressly or impliedly barred
• Express Bar
– Suit is said to be expressly barred when it is barred by
any enactment for the time being in force.
– Statute pertaining to a particular subject matter
creates a special court.
– Expressly declares that such Court will have
jurisdiction relating to matters created by such
statute. (Industrial, Election, Rent, Motor accident
claim Tribunal)
– Example: Section 170 of R.P.Act 1951
– Delhi Rent Control Act 1958 (ejectment of tenant lies
before controller not civil court)
• Implied Bar
– A suit is said to be impliedly barred when it is barred
by general principles of law
– Statute pertaining to a particular subject matter
creates a special court. However does not clearly
express that such Court will have exclusive
jurisdiction with respect to matters stated in Statute.
– In such situation, examine the intention of legislature,
terms of statute relating to such Court etc.
– If Intention appears that Legislature wants to create
exclusive jurisdiction for such Court.
– Ex: suit by witness to recover money for giving
evidence in proceedings, suits on agreement void on
public policy etc.
• Gundaji Satwatji Shinde v. Ramchandra Bhikaji Joshi, AIR 1979 SC
653
– Suit for specific performance was filed.
– While deciding the issue, subsequent issue arose that
whether Plaintiff is an agriculturist or not?
– Section 85-A of Tenancy Act talks about authority namely
Mamlatdar to decide such issue.
– Section 85 bars jurisdiction of civil court to decided issue
arising under the Tenancy Act.
– Trial and High Court opined that being incidental issue, Trial
Court has jurisdiction to decide such issue.
– SC held such view overlooks S.85-A. there can be civil suit,
but such specific issues will be decided by authority under
Tenancy Act.
• In Laxmi Chand v. Gram Panchayat, Kararia (AIR 1996
SC 253)
– It was held that scheme of Land Acquisition Act is
complete in itself and thereby Jurisdiction of Civil
Court to take cognizance stood barred.
Dhulabhai v. State of M.P., AIR 1968
• 5 Judge Bench, Hidayatullah, C.J delivered
judgement.
• SC declared several instances wherein, the ordinary
Civil Court will also have jurisdiction.
– Statute creating Tribunal/Spl Court is ultra-vires;
– Where Tribunal/Spl.Court has violated the provisions
of Statute or violated principles of Natural Justice;
– Statute is silent with respect to any remedy then for
such remedy, suit can be filed in ordinary Civil Court.

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