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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.