Section 9 CPC | Civil Law for Judiciary Exams PDF Download

Section 9 of CPC

• According to Section 9 of the Civil Procedure Code (CPC), a civil court has the authority to try all civil suits except those that are expressly or impliedly prohibited.
• Two key points further explain this:
  • A suit involving a dispute over property or an office is considered civil, even if the basis of the right hinges on religious matters.
  • Whether an office carries fees or is tied to a specific location is irrelevant under this section.
• For a civil court to have jurisdiction, two conditions must be met:
  • The suit must pertain to a civil matter.
  • The suit must not be expressly or impliedly barred from the court's cognizance.
• Section 9 of the CPC restricts the jurisdiction of civil courts but allows for interpretation to widen their scope whenever possible.
• Many statutes explicitly limit jurisdiction in certain cases, while implied restrictions are imposed when it goes against public policy or when a statute provides an exhaustive remedy.
• Even when a civil suit is excluded under Section 9 of the CPC, courts may still retain jurisdiction for reasons like ensuring fairness and natural justice.

Case Laws Relating to Section 9 of CPC

Dhulabhai vs State of MP (1968)

• Appellants were tobacco merchants in Ujjain, involved in buying and selling tobacco for various purposes.
• A law called the Madhya Bharat Sales Tax Act came into effect in 1950, imposing taxes on dealers based on sales thresholds.
• Notifications were issued specifying tax rates on tobacco, leading to disputes over tax collections.
• Appellant served notices under Section 80 of the Civil Procedure Code before litigation.
• Judgment emphasized limitations on civil courts when a state order is deemed final, except in cases of procedural violations.

The Secretary Of State for India vs. Mask And Co.

• Involved a dispute over the classification of betel-nuts for duty purposes.
• Court ruled that jurisdiction should not be determined solely on inferences and asserted the court's authority over the case.

State of A.P. v. Majeti Laxmi Kanth Rao 2000

• Supreme Court set criteria for excluding civil court jurisdiction, requiring legislative intent and provision of alternative remedies.
• Court outlined that civil courts' jurisdiction exclusion must have justifications and alternative remedies if jurisdiction is prohibited.

Hasham Abbas vs Ussman Abbas

• Court discussed the impact of judgments by courts lacking jurisdiction, emphasizing their nullity.
• Highlighted key principles related to civil court jurisdiction based on Supreme Court decisions.

Amendment in Section 9 of Civil Procedure Code

• Background of the Amendment:
  • Maharashtra Amendment Act of 1970 brought changes to Section 9 of the Civil Procedure Code.
  • State legislatures have the authority to modify the Civil Procedure Code under Entry 13 of the Concurrent List.
• Introduction of Section 9A:
  • Maharashtra introduced Section 9A to the Civil Procedure Code through its legislative powers.
• Significant Changes by Parliament:
  • The Code of Civil Procedure (Amendment) Act of 1976 made substantial alterations to the Code.
  • Previous changes made by state legislatures were invalidated by the 1976 Amendment Act under Section 97.
• Re-enactment of Section 9A:
  • In accordance with Article 254(2) of the Indian Constitution, the State Legislature reintroduced Section 9A as the Code of Civil Procedure (Maharashtra Amendment) Act of 1977 with the President's approval.

Conclusion

• In conclusion, Section 9 of the Civil Procedure Code plays a pivotal role in defining the jurisdiction of the court. It mandates that every case of a civil nature must be first attempted in a civil court, unless expressly or impliedly barred by law. This provision emphasizes the broad scope of jurisdiction for civil courts, allowing them to adjudicate on a wide range of civil cases.
• However, it is essential to note that the court has the discretion to dismiss a case if the plaintiff fails to meet the prescribed requirements or types of jurisdiction outlined in Section 9 of the CPC. This ensures that cases are heard in accordance with established legal principles and procedural requirements, maintaining the integrity and efficiency of the judicial process.