JURISDICTION OF CIVIL COURTS

Before delving into the kinds of matter a civil court could take up under Section 9 of CPC,
1908, let’s understand what is the meaning of jurisdiction and how it is determined:

Though the Code has not expressly defined what jurisdiction means, in layman’s term it
implies the power or authority of a court to hear and determine a cause or a matter. For
example a session court is empowered to take up the matters which are criminal in nature and
derives its power from IPC and CrPC. It is barred to take any cases outside the scope of
criminal nature.

The Supreme Court in Raja Soap Factory v. S.P. Shantharaj [AIR 1965 SC 823] has stated
that “…the jurisdiction of a court means the extent of the authority of a court to administer
justice prescribed with reference to the subject-matter, pecuniary value and local limits.”

In A.R. Antulay v. R.S. Nayak [AIR 1988 SC 1531], it was held that the court cannot pass any
directions or confer jurisdiction on the High Court to try any case for which it did not possess
jurisdiction to do so.

Important to note: If there is an error or defect of jurisdiction, it goes to the root of the
matter and strikes at the authority of a court to pass a decree or order and even if the parties
consent to such an order or judgment, it is null and void and its validity can be challenged at
any stage. A decree passed by a court without jurisdiction is a coram non judice (lacking
authority to hear and decide the case)

In Ujjam Bai v. State of U.P. [AIR 1962 SC 1621], once it is held that a court has jurisdiction
to entertain a matter, the correctness of the decision cannot be challenged on the ground of err
of jurisdiction as power to decide necessarily carries with it the power to decide wrongly as
well as rightly.

Basis to determine jurisdiction

It is well settled in law that in order to decide or determine the jurisdiction, the averments (a
formal statement made the parties on basis of fact and substantiates it further) made by the
plaint will be of paramount consideration. It will not be determined on the basis of written
statement.

In Abdulla Bin Ali v. Galappa [AIR 1985 SC 577], the plaintiff filed a suit for declaration of
title and for possession and mesne profits treating the defendants as trespassers. The
defendant contended that the court had no jurisdiction since he was a tenant.

The SC negated the contention and held that the allegations made in plaint decide the forum
and it does not depend upon the defence taken by the defendants in WS. After referring to the
plaint it is clear that the suit would lie before a civil court and not revenue court and hence on
the allegations made in the plaint, the suit was cognizable by the civil court.

Section 9 of the CPC, 1908

A civil court has the jurisdiction to try all suits of a civil nature unless they are barred.
Section 9 of the CPC reads:

“The Court 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 I.- A suit in which the right to property or to an office is contested is a suit of a
civil nature, notwithstanding that such right may depend entirely on the decision of questions
as to religious rites or ceremonies.

Explanation ll.- For the purposes of this section, it is immaterial whether or not any fees are
attached to the office referred to in Explanation I or whether or not such office is attached to
a particular place.”

Conditions to be fulfilled:
1. The suit must be of a civil nature; and
2. The cognizance of such a suit should not have been expressly or impliedly barred.
Suits of civil nature:

Meaning: The word “Civil” is not expressly defined by the Code, however in common
parlance it pertains to private rights and remedies of a citizen as distinguished from criminal
or political. “Nature” on the other hand suggests the fundamental characteristics or qualities
of a person or a thing.

Nature and Scope: The expression “suit of civil nature” will cover private rights and
obligations of a citizen. Any political, religious or principal problems relating to caste are not
covered by such expression. But if the principal question in a suit of a civil nature and the
adjudication incidentally involves the determination relating to a caste question or to religious
rights and ceremonies, its jurisdiction is not barred and is treated as civil suit (Sinha
Ramanuja v. Ranga Ramanuja, AIR 1961 SC 1720).

Doctrine: The concept of jurisdiction of civil courts under S. 9 was explained in detail in the
case of Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001,
wherein the SC stated:

i. The nature of the section is both positive and negative. The earlier part opens the door
widely and the latter debars entry to those which are expressly or impliedly barred.
ii. The two explanations contained in the Section, reflects the legislative intention of
extending this to such religious matters where right to property or to hold an office is
contested irrespective of any fee attached. (?) (historical significance)
iii. The language used is simple and clear.
iv. All suits are cognizable unless expressly or impliedly barred.
v. Based on the principle of civilized jurisprudence that in case there is absence of
machinery to enforce a right, such right is negated.

Suits of Civil Nature Examples

Suits relating to rights to property, suits relating to rights of worship, suits relating to taking
out of religious processions, suit for damages for civil wrongs, suit for specific performance
etc.
Cognizance not barred:

Suits expressly barred: Simply states that any suit would be expressly barred when it is
barred by any enactment for the time being in force. It is open to the legislature to bar any
class of suits of civil nature as long as it is within its field and does not contravene any
provision of the constitution.

All matters relating to the exclusive jurisdiction of Revenue Courts, CrPC, Specialised
Tribunals are expressly barred from the cognizance of a civil court. But in cases where the
remedy provided is not adequate and all questions cannot be decided by a special tribunal, the
jurisdiction of a civil suit is not barred.

Suits impliedly barred: It is said to be barred by general principles of law. If a specific

There are certain suits though of civil nature but are barred from the cognizance of a civil
court on the ground of public policy. Therefore, no suit shall lie for recovery of costs incurred
in criminal prosecution or against any judge for acts done in the course of his duties. Even
political questions belong to the domain of administrative law and are outside the jurisdiction
of civil courts.

Only Civil Court has inherent power to decide its own jurisdiction. Presumption as to
jurisdiction of a civil suit should fall in favour of civil jurisdiction unless express provisions
are given in the statute to the effect for ousting such jurisdiction.

Burden of proof is on the party who seeks to oust the jurisdiction of a civil court to establish
it.