Jurisdiction under Section 9 of Civil Procedure Code 1908

Jurisdiction of civil court
under Section 9 CPC

Civil Procedure Code Series 02

The word ‘Jurisdiction’ is derived from two Latin words “Juris” which means “ law” and “Dicere” which means to “speak”.

Thus jurisdiction means “speak by law”.

Simply, we can define that jurisdiction as “the power or authority of a court of law to hear and determine a cause or matter.”

Encyclopedia of America defines “Jurisdiction means “power or authority of the court or quasi-judicial bodies to adjudicate fact and law.”

Encyclopedia Britannica Defines “Jurisdiction means “power or authority of a court to decide a suit.”

Halsbury’s Law Of England Defines “Jurisdiction title concerns the application of the maxims of equity and equitable doctrines in the exercise of the equitable jurisdiction.”

In the case of Kiran Singh Vs. Chaman Paswan (1954) S.C. said that     “A defect of jurisdiction strikes at the very authority of the court to pass any decree & such a defect cannot be cured even by consent of parties.

In the case of Pankaj Bhargava Vs. Mohinder Nath (1991), Court held that “ Jurisdiction means the right or authority to decide a matter.”

                       
Types Of Jurisdiction:

Jurisdiction can be classified under the following categories:-

•   Subject – matter jurisdiction
•  Pecuniary Jurisdiction
•  Territorial or Local Jurisdiction
•  Original or appellate Jurisdiction
•  Exclusive and Concurrent 

Subject –matter Jurisdiction: Different courts have been empowered to decide the different types of suits. Certain courts are precluded from entertaining certain suits.

Small causes court has no jurisdiction to try the suit for partition of immovable property, foreclose or redemption of a mortgage ( divorce cases, probate proceedings, insolvency proceeding, testamentary matters only the district judge or civil judge (senior division) has jurisdiction.

Pecuniary Jurisdiction:- A court will have jurisdiction only over those suits the amount or value of the subject – matter of which does not exceed the pecuniary limits of its jurisdiction.

Some courts have unlimited and pecuniary jurisdiction i.e. High court and the district court have no pecuniary jurisdiction.

Small causes court cannot entertain a suit in which the amount claimed exceeds Rs. 10,000.

Territorial or local jurisdiction:- Every court has it's own local or territorial the limit beyond which it cannot exercise its jurisdiction.

A court has no jurisdiction to try a suit for immovable property situated beyond its local limit.                           

 A district court has to exercise jurisdiction within the local limit of the district. High Court has jurisdiction over the territory of a state in which it is situated and not beyond it.

Original & Appellate Jurisdiction:- Original jurisdiction is jurisdiction inherent or conferred upon a court of the first instance.

Appellate jurisdiction is the power or authority conferred upon a superior court to rehear by way of appeal, revision, etc. of causes which have been tried & decided by courts of original jurisdiction.  Munsiff court, courts of civil judges, small causes court are having original jurisdiction only.

· While, District Courts, High Courts have original as well as appellate jurisdiction.

Exclusive and Concurrent:- Exclusive jurisdiction is that which confers sole power on one court or tribunal to try, deal with and decide a case.         Concurrent jurisdiction is jurisdiction “which may be exercised by different courts or authorities between the same parties and over the same subject – matter”.

It is, therefore, open to a litigant to invoke jurisdiction of any of such court or authority.

                          

                               Suit  Of Civil Nature

The bare text of section 9 under the code of civil procedure, 1908: 

“The the court shall (subject to provision herein contained) have jurisdiction  to try all suits of a ‘civil nature’ excepting suit of which their cognizance is either ‘expressly’ or ‘impliedly’ barred.”

Civil Nature: The word civil has not been defined in the code but according to the dictionary meaning, ‘civil’ means it pertains to private right and remedies of a citizen.

The word ‘nature’ means“ the fundamental qualities of a person or thing, identity or essential character”

Civil nature is wider then the expression “civil proceedings.”

“Suit of civil nature” covers private rights and obligation of citizens. Political and religious questions are not covered by this expression.

A suit in which the ‘principle the question relates to caste or religion is not a suit of civil nature.

 In the case of P.M.A. Metropolitan Vs. Moran Mar Marthoma (1995), court held that “ But if the principle questions in a suit is of a civil nature and the adjudication incidentally involves the determination relating to a caste questions or to religious rights and ceremonies, it does not cease to be a suit of civil nature & the jurisdiction of a civil court is not barred.”

Principle Questions in a suit if relates to caste, religion, politics	Then suit not of         civil nature
The principle the question in suit related to right to property or to an offense.                  + Auxilliary the question relates to caste, religious rites or ceremonies politics	Then Suit is Of civil nature

                                                                                        

Some Example Of Suit Of Civil Nature :-

·        Suit relating to the right to property

·       Suit relating to the right to worship

·       Suit relating to taking out of religious procession

·       Suit relating to the right to an office

Some Example of Suit Not Of Civil Nature:-

·       suit involving principally caste question

·       Suit involving purely religious rites or ceremonies.

·       Suit against expulsion from caste etc.

          
 Cognizance Expressly or Implidely Barred:

Suit Expressly Barred:- A suit said to be “expressly barred”  when it is barred by any enactment for the time being in force.

·       Matter  falling within the exclusive jurisdiction of revenue court ·       Matter falling under the code of   criminal procedure ·       Matter dealt with by special tribunal under the relevant statute.

Are   Expressly                Barred

Eg: Motor Accident claim tribunal central administrative tribunal, railway administrative tribunal, Debt recovery tribunal, revenue tribunal, Income tax tribunals.

Suit Impliedly Barred:- A suit is said to be impliedly barred when it is barred by general principles of law.

Suit for the below mentioned Is Implidely Barred	Suit Against the below mentioned Is             Implidely Barred
When state performs the sovereign function.          When state maintain law and order          Service of defense          Administration Justice.        If any loss caused cannot be                 compensated	Enforcement of a right upon a contract hit by section 23 of Indian Contract Act         Suit against any judge for an act done in the course of his duties  Private communication b/w husband and wife.         Privilege discussion

List Of Cases Related To The Topic :

·       Kiran Singh Vs. Chaman Paswan (1954)S.C.

   “A defect of jurisdiction….strikes at the very authority of the court to pass any decree & such a defect cannot be cured even by consent of parties.”

·       Pankaj Bhargava Vs. Mohinder Nath(1991)

“Jurisdiction means the right or authority to decide a matter.”

·       P.M.A. Metropolitan Vs. Moran Mar Marthoma(1995)   
              
  “If the principle in a suit is of a civil nature and the adjudication ‘incidentally involves the determination relating to a caste question or to religious ceremonies, it does not cease to be a suit of a civil nature & the jurisdiction of a civil court is not barred.”