Section 9 of the Code of Civil Procedure (CPC), 1908 – Jurisdiction of Civil Courts

Section 9 CPC

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

Explanation of Section 9 CPC

Section 9 of the Civil Procedure Code, 1908, deals with the jurisdiction of civil courts and provides that civil courts have jurisdiction to try all suits of a civil nature unless they are expressly or impliedly barred.

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Key Components of Section 9 CPC

1. Jurisdiction of Civil Courts
   • Civil courts have the power to entertain and adjudicate all suits of a civil nature.
   • They cannot refuse to entertain a suit unless it is barred by law.
2. Suits of a Civil Nature
   • A suit is considered of civil nature if it involves the determination of civil rights and obligations.
   • Civil rights include property disputes, contracts, tort claims, matrimonial disputes, easement rights, and service matters.
3. Exceptions: Expressly or Impliedly Barred Suits
   • Expressly Barred Suits: When a statute explicitly states that a particular dispute cannot be tried in a civil court.
     Example: Matters related to taxation, revenue collection, or election disputes (which are handled by special tribunals).
   • Impliedly Barred Suits: When an alternative remedy is available through a special law or tribunal.
     Example: Labour disputes fall under the Industrial Disputes Act and are decided by labour courts, not civil courts.

Landmark Case Laws on Section 9 CPC

1. Secretary of State v. Mask & Co. (1940)
   • The Supreme Court held that the exclusion of civil court jurisdiction is not to be readily inferred.
   • The bar must be explicit or necessarily implied in the statute.
2. Dhulabhai v. State of MP (1968)
   • Laid down principles regarding the exclusion of jurisdiction of civil courts.
   • Civil courts have jurisdiction unless a special statute provides an adequate and effective remedy.
3. State of AP v. Manjeti Laxmi Kanth Rao (2000)
   • Reaffirmed that civil courts cannot interfere in matters where special laws provide remedies.

Suits Where Civil Court Jurisdiction is Barred

(i) Revenue Matters

• Barred by law because the Revenue Board or Tribunals handle such disputes.
• Example: Land Revenue Act disputes.

(ii) Matters of Special Tribunals

• Certain laws create special forums for dispute resolution.
• Example:
  • Service Matters → Handled by the Central Administrative Tribunal (CAT) under the Administrative Tribunals Act, 1985.
  • Labour Disputes → Handled by Labour Courts.

(iii) Political Questions

• Civil courts cannot adjudicate matters involving political decisions, such as elections.

Suits Where Civil Court Jurisdiction is Not Barred

1. Disputes Involving Property Rights
   • Even if a property is owned by the Government, a private individual can claim possession or ownership through a civil suit.
2. Disputes Regarding Fundamental Rights
   • If a person’s civil rights are violated (such as religious or property rights), civil courts can entertain such cases.
3. Inadequate Alternative Remedy
   • If the remedy under a special law is not sufficient, civil courts have jurisdiction.
   • Example: If a statutory tribunal does not have the power to grant compensation, a civil court can hear the case.

Practical Application of Section 9 CPC

Case Type	Jurisdiction of Civil Court
Property Dispute between two individuals	✅ Allowed
Breach of Contract	✅ Allowed
Taxation Matters	❌ Barred (Handled by Tax Tribunals)
Election Disputes	❌ Barred (Handled by Election Tribunals)
Service Matters of Government Employees	❌ Barred (Handled by Administrative Tribunals)
Matrimonial Disputes (Divorce, Custody, Maintenance)	✅ Allowed
Labour Disputes	❌ Barred (Handled by Labour Courts)
Dispute over Government Property	✅ Allowed if it involves private rights

Conclusion

• General Rule: Civil courts can try all civil suits unless they are expressly or impliedly barred.
• Exception: If a law provides a special tribunal or remedy, civil court jurisdiction is excluded.
• Principle: The exclusion of jurisdiction is not presumed; it must be explicitly stated or necessarily implied.

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