CODE OF CIVIL MS.

SURBHI MESHRAM
PROCEDURE AND ASSISTANT
PROFESSOR OF LAW
LAW OF LIMITATION
 JURISDICTION OF CIVIL COURTS (SECTION 9)

The term ‘jurisdiction’ has not been defined in the Code. The word is derived
from two Latin terms ‘juris’ and ‘dicto’ which means ‘I speak by the law’.
Stated simply, ‘jurisdiction’ means the power or authority of a Court of law
to hear and determine a cause or a matter. It is the power to entertain, deal
with and decide a suit, an action, petition or other proceeding – Concise
Oxford Dictionary.
Jurisdiction is the authority with which a Court has to decide matters that
are litigated before it or to take cognizance of matters presented formally for
its decision – Official Trustee v. Sachindra Nath, AIR 1969 SC 823.
Jurisdiction means the power or authority of a court to inquire into the facts,
to apply the law and to pronounce a judgment and to carry it into execution
– Ujjam Bai v. State of UP, AIR 1962 SC 1621.
 JURISDICTION OF CIVIL COURTS (SECTION 9)
Jurisdiction means and includes any authority conferred by the law
upon the court, tribunal or judge to decide or adjudicate any dispute
between the parties or pass judgment or order.
Section 9 of C.P.C deals with the jurisdiction of the Civil Court and
provides that the courts shall have jurisdiction to try all suits of a civil
nature except suits of which their cognizance is either expressly or
impliedly barred. A civil court has jurisdiction to try a suit if two
conditions are fulfilled
1) The suit must be of civil nature and
2) The cognizance of such a suit should not have been expressly or
impliedly barred.
Jurisdiction of civil courts can be divided based on Pecuniary,
 1) SUITS OF CIVIL NATURE
Sec.9 of the CPC reads as follows: “The Courts shall (subject to the provisions
herein contained) have jurisdiction to try all suits of a civil nature except suits of
which their cognizance is either expressly or impliedly barred.” There is no
definition provided in the Code nor any guidelines mentioned to determine the
‘civil nature’.
A suit can be said to be of civil nature if it involves determination of civil rights.
Civil rights mean the rights and remedies vested in a citizen, within the domain of
private law as distinct from rights related to criminal or political matters and public
law –PMA Metropolitan v. Moran Marthoma, AIR 195 SC 2001.
The civil rights can be of a private individual or other known legal entities as
distinguished from groups or associations which have no distinct legal personality
or recognition.
Any suits in which the principal question relates to religious rites or ceremonies are
not suits of civil nature. Suits for vindication of mere dignity attached to an office
are not suits of a civil nature. The relations between parties in all such cases were
governed by either a social or moral code of conduct. There was no legal right
 2) EXPRESS AND IMPLIED
BAR
The suit which is expressly barred means the suit which is
barred by any statute or any other law for the time being in
force. The legislature has an option to bar the jurisdiction of the
civil court with respect to a particular class of suit keeping itself
with the ambit of the power conferred on the Constitution of
India.
The civil court has no jurisdiction over the matter in which the
court under the Code of Criminal Procedure, Revenue Court has
exclusive jurisdiction, or the matter is dealt with special tribunal
dealt under special statutes. For example Motor Accidents
Claims Tribunal, Cooperative Tribunal.
A suit is impliedly barred when it is barred by either the
general principle of law or general conduct of law. The basic
 CASE LAWS
In the case of P.M.A Metropolitan vs Moran Mar Marthoma,
The Supreme Court observed that:-
The phrases used in section 9 has positive and negative meanings.
The earlier part has a wider sense as it covers all the matter of civil nature; on the
other hand, the latter part has a wider sense as it excludes the matter which is
impliedly or expressly barred.
•The two explanations mentioned in Section 9 express the legislative intentions.
•It casts an obligation on the court to exercise the jurisdiction for the enforcement of
private rights.
•No court is at discretion to refuse the matter which falls under this section.
•It is mandatory to take the cognizance of matter because the word “shall” is used
which means that it is a mandatory section.
 CASE LAWS
In the case of Shankar Narayanan vs K. Sreedevi

The Supreme Court held that the ‘Civil Court has inherent jurisdiction in all
types of civil matter as per Section 9 of CPC unless the suit is expressly or
impliedly barred.’

In the case of Bar Council of West Bengal vs A. Austin.

The High Court of Calcutta stated that when the statute which bars the
jurisdiction does not provide an alternative remedy, then the jurisdiction of
the civil court cannot be excluded.
 TERRITORIAL OR LOCAL
JURISDICTION
Sections 16 to 20 of C.P.C deals with the Territorial jurisdiction of a
court. Whereas Sections 16 to 18 relate to immovable property and
Section 19 deals with suit for compensation for wrongs to persons are
movable property. Section 20 of C.P.C is residuary provision and cover
all cases not falling under Section 16 to 19.
Every Court has its own local or territorial limits beyond which it
cannot exercise its jurisdiction. These limits are fixed by the
government. The District Judge has to exercise jurisdiction within his
District and not outside. The High Court has jurisdiction over the
territory of a State within which it is situated and not beyond it.
Again, a Court has no jurisdiction to try a suit for immovable property
situated beyond its local limits.
TERRITORIAL OR LOCAL
JURISDICTION
Territory of a court is decided after taking into account several
factors they are
A) In case of immovable property
a) If the suit concerns recovery, rent, partition, sale,
redemption, or determination of the right of immovable
property it shall be instituted in the court within the local limits
of which jurisdiction the property is situated.
b) Immovable property situated within the jurisdiction of
different courts. In such case, the suit may be instituted in any
court within the local limits of whose jurisdiction any portion of
the property is situated.
TERRITORIAL OR LOCAL
JURISDICTION
c) In case of dispute between 2 or more persons concerning
movable property, or any other wrong done –
In the place where wrong or damage has been caused to a person
or any damage has been caused to movable property then the suit
may be instituted either in the place where wrong is done or
damage caused or in the place where the defendant (The person
who caused the loss) resides.
d) where there is a dispute in a business, agreement or any
kind of civil dispute except matrimonial matter-
then the suit may be instituted either in a place where the
defendant resides or carries on business or in a place where the
cause of action has arisen, i.e where the dispute or wrong took
place.
TERRITORIAL OR LOCAL
JURISDICTION
e) In case of a matrimonial dispute where a dispute arose
between husband and wife-
Than the case may be filed in the place where marriage was
solemnized or in the place where opposite party is residing or in the
place where the husband and wife last resided together or in the
place where the persons filing the case are residing.
 PECUNIARY JURISDICTION
Section 15 of the civil procedure court provides that every suit
shall be instituted in the court of the lowest grade competent to
try it.
The Code provides that 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 pecuniary jurisdiction, but the other
Courts can only try suits up to a particular amount. Ex. Presidency
Small Causes Court cannot entertain a suit in which the amount
claimed exceeds Rs.1000.
JURISDICTION AS TO
SUBJECT-MATTER
Different Courts have been empowered to decide different
types of suits. Certain Courts are precluded from entertaining
certain suits. Thus a Presidency Small Causes Court has no
jurisdiction to try suits for specific performance of a contract,
partition of immovable property, foreclosure or redemption of
a mortgage, etc.
Similarly, in respect of testamentary matters, divorce cases,
probate proceedings, insolvency proceedings, etc., only the
District Judge or Civil Judge (Sr.Dn.) has jurisdiction.