⚖️ Civil Procedure Code: Jurisdiction of Courts – Section 9 CPC Explained

COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED

📘 Topics Covered

• Normal rule and burden of proof regarding jurisdiction of civil courts
• How can jurisdiction of Civil Courts be excluded?
• What is the Basis for determining jurisdiction?
• Whether jurisdiction can be conferred on a civil court by agreement?
• Where jurisdiction of civil courts is impliedly barred
• Where jurisdiction of civil courts is expressly barred
• Gundaji Satwaji Shinde v. Ramchandra Bhikaji Joshi [1979 SC]

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CIVIL PROCEDURE CODE EXPLAINED
The Civil Procedure Code forms the bedrock of every Judicial Service exam in India. A thorough understanding of it is a must for aspirants of RJS, DJS, PCS (J) and other exams.
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📜 Courts to Try All Civil Suits Unless Barred – Section 9 CPC

Section 9

• Courts shall have jurisdiction to try all suits of a civil nature, except suits whose cognizance is either expressly or impliedly barred.

Explanation:

• A suit in which right to property or to an office is contested is a suit of a civil nature even when such right depends entirely on questions of religious rites or ceremonies.

📖 Normal Rule and Burden of Proof Regarding Jurisdiction

• The court would normally lean in favour of a construction which upholds the retention of jurisdiction of civil courts.
• The burden of proof lies on the party who asserts that the civil court’s jurisdiction is ousted.
• Authority: Dwarka Prasad Aggarwal v. Ramesh Chandra Aggarwal [2003 SC]

💡 How Can Jurisdiction of Civil Courts Be Excluded?

• Exclusion of jurisdiction is not to be readily inferred; it must be explicitly expressed or clearly implied.
• Authority: Secretary of State v. Mask [1940 PC]

📅 Determining Jurisdiction – Date of Suit or Date of Hearing?

• If the court has jurisdiction when the suit comes for disposal, it cannot refuse jurisdiction merely because it had none at the date of institution.
• Authority: Sudhir Angur v. M Sanjeev [2006 SC]

⚖️ Basis for Determining Jurisdiction

• The question of jurisdiction is to be determined primarily on the averments made in the plaint.
• Authority: Ramesh Chand v. Anil Panjwani [2003 SC]

🤝 Can Jurisdiction Be Conferred by Agreement?

• Parties cannot confer jurisdiction where none exists under the Code. However, this does not apply when parties agree to submit to the jurisdiction of a foreign court.
• Authority: Modi Entertainment Network v. WSG Cricket [2003 SC]

🚫 Where Jurisdiction of Civil Courts Is Impliedly Barred

Example: Industrial Disputes

• The proper forum for resolving industrial disputes is under the Industrial Disputes Act, 1947. Hence, civil court jurisdiction is impliedly barred.
• Authority: C.T. Nikam v. Municipal Corporation of Ahmedabad [2002 SC]

⛔ Where Jurisdiction of Civil Courts Is Expressly Barred

Example 1: Rajasthan Land Revenue Act, 1956 – Section 259

• No suit or other proceeding shall lie or be instituted in any civil court with respect to any matter arising under this Act.
• However, if a question of title is involved in a boundary dispute or between estate-holders, a civil suit may be brought for adjudication of such question.

Example 2: Rajasthan Rent Control Act, 2001 – Section 18(1)

• Only the Rent Tribunal, and no civil court, shall have jurisdiction to hear and decide landlord-tenant disputes under this Act.

🏛️ Supreme Court on Section 9 – Landmark Case

Gundaji Satwaji Shinde v. Ramchandra Bhikaji Joshi [1979 SC]

Claim of the Plaintiff:
Plaintiff sought specific performance of a contract for sale of agricultural land (15 Dec 1965).

Defence of the Defendant:
Plaintiff was not an agriculturist as per the Bombay Tenancy Act; hence, the contract was void under Section 63.

Trial Court Findings:
The plaintiff was not an agriculturist, but since it was an incidental issue in a civil suit, the court held it had jurisdiction to decide it.

Relevant Tenancy Act Provisions:

• Section 63: Sale of land invalid in favour of non-agriculturists.
• Section 70(a): Mamlatdar empowered to decide if a person is an agriculturist.
• Section 85: Bars civil court jurisdiction for matters to be decided by the Mamlatdar.

Issue Before the Court:
Whether the civil court could decide if the plaintiff is an agriculturist or refer it under Section 85-A.

Supreme Court’s Observations:

• Mamlatdar is a forum to decide if a person is an agriculturist.
• Unless the Tenancy Act makes Mamlatdar the exclusive authority, civil court jurisdiction isn’t ousted.
• Sections 85 and 85-A oust jurisdiction only regarding questions under the Act, not the entire suit.
• Civil Courts cannot assume jurisdiction statutorily ousted by law.
• Therefore, if the plaintiff is not an agriculturist, the contract is unenforceable as it violates statutory provisions and public policy.

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