Introduction
Section 9 of the Code of Civil Procedure, 1908 (CPC) establishes the basic concept pertaining to the jurisdiction of civil courts in India. According to this section, civil courts have jurisdiction to hear all suits of a civil nature except those which are barred by law expressly or impliedly. Therefore, it is a general presumption that the jurisdiction of civil courts exists, while it is an exception to exclude the jurisdiction of civil courts.
Meaning of ‘Suit of a Civil Nature’
A suit will be of a civil nature when the suit involves enforcing private rights including rights with respect to property, contracts, money, inheritance, possession and other civil rights. Explanation I to Section 9 explicitly states that any suit with respect to property or office shall continue to be a civil suit notwithstanding any question of religious rites or ceremonies involved therein.
For instance, where A seeks to enforce his right of ownership over a house and B disputes A’s ownership of the house, A can approach a civil court seeking declaration of ownership as well as for other relief accordingly.
Express and Implied Bar of Jurisdiction
The jurisdiction of a civil court can be excluded in two ways:
1. Express Bar – Where the statute itself provides that civil courts cannot take up any particular suit.
2. Implied Bar – In absence of any express bar, jurisdiction is impliedly excluded, when a statute grants a special right and gives an adequate machinery to enforce such special right through a special body or authority.
However, the courts generally do not easily assume the exclusion of civil court’s jurisdiction. The presumption of jurisdiction prevails.
In Dhulabhai v. State of Madhya Pradesh, (1968) 3 SCR 662, the Supreme Court laid down the principles relating to exclusion of civil court’s jurisdiction. The court ruled that exclusion can either be expressed or implied from the context of the statute. When a statute grants a special tribunal an adequate remedy, then the civil court’s jurisdiction may be excluded. However, where statutory authority has not complied with the basic rules of judicial proceedings, then the civil court’s jurisdiction still prevails.
The court further pointed out that the exclusion of jurisdiction should not easily be presumed.
In Secretary of State v. Mask & Co., AIR 1940 PC 105, the Privy Council held that exclusion of civil-court jurisdiction cannot be readily inferred. Such exclusion must either be expressly provided by law or arise by necessary implication. Even where jurisdiction is excluded, civil courts may examine whether the statutory authority acted in accordance with the law and fundamental principles of judicial procedure.
Example :A files a suit against B for recovery of ₹2 lakh under a contract. Since contractual rights are civil rights, the civil court ordinarily has jurisdiction.
Conclusion
Section 9 CPC embodies the broad principle that civil courts have jurisdiction over all civil disputes unless their jurisdiction is expressly or impliedly barred. The provision protects access to ordinary civil remedies while recognising the authority of special tribunals created by legislation. The decisions in Dhulabhai and Secretary of State v. Mask & Co. establish that exclusion of civil-court jurisdiction must be clearly demonstrated and cannot ordinarily be presumed. Therefore, Section 9 serves as an important safeguard for the enforcement of civil rights through the ordinary judicial process.
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