Jurisdiction of Civil Courts under the Code of Civil Procedure
Introduction
Jurisdiction is a court’s legal authority to hear and decide matters. Though not explicitly defined in the Code of Civil Procedure (CPC), it rests on the maxim “Ubi jus ibi remedium”—where there is a right, there is a remedy. Courts can act only within limits prescribed by law.
Meaning of Jurisdiction
Jurisdiction represents the extent of judicial power to hear, determine, and enforce judgments. In Hriday Nath Roy v. Ram Chandra (1921), the court clarified that jurisdiction encompasses the entire process—hearing, deciding, and executing decrees.
Types of Jurisdiction
Territorial Jurisdiction: Based on geographical boundaries (Section 16 CPC).
Pecuniary Jurisdiction: Determined by the monetary value of the suit (Section 15 CPC).
Subject-Matter Jurisdiction: Depends on the nature of the dispute (Section 21 CPC).
Original & Appellate Jurisdiction: Original allows first hearings; appellate reviews lower-court decisions.
General & Special Jurisdiction: General courts hear all civil cases; special courts handle specific subject matters.
Legal & Equitable Jurisdiction: Legal jurisdiction enforces rights; equitable jurisdiction ensures fairness.
Expounding & Expanding Jurisdiction: Expounding interprets jurisdiction; expanding broadens its scope through judicial development.
Jurisdiction of Civil Courts (Section 9 CPC)
Under Section 9 CPC, civil courts can hear all suits of a civil nature unless expressly or implicitly barred by law.
Conditions:
The suit must concern civil rights.
Its cognizance should not be barred by statute.
Suits of Civil Nature
Civil suits involve private rights of individuals—such as property, contracts, or personal obligations. They exclude political or criminal disputes but may involve religious elements if private rights are affected (Kehar Singh Nihal Singh v. Custodian General).
Doctrine under Section 9
The doctrine requires courts to exercise jurisdiction to enforce civil rights unless clearly barred. In PMA Metropolitan v. M.M. Marthoma, the Supreme Court held that Section 9 obliges courts to act where civil rights are in question, except where exclusion is explicit.
Bar of Cognizance
A civil court cannot try a case if jurisdiction is expressly or impliedly barred.
Express Bar: Directly stated by statute.
Implied Bar: Arises by necessary implication or where another adequate remedy exists.
Presumption and Burden of Proof
Jurisdiction is presumed to exist unless shown otherwise. The burden of proof rests on the party challenging it. Courts generally favor jurisdiction unless clearly excluded by law.
Exclusion and Limitations
In Secretary of State v. Mask & Co., the Court held that jurisdiction exclusion must be clear and unambiguous; it cannot be presumed.
Key Judicial Principles
Dhulabhai v. State of M.P.
Civil-court jurisdiction may be barred only when statutory remedies are adequate and effective. However, courts retain power when constitutional or legal principles are violated.
Premier Automobiles v. K.D. Wadke
For industrial-dispute matters, civil courts can intervene only when the issue falls outside the Industrial Disputes Act.
Rajasthan SRTC v. Krishna Kant
Disputes entirely governed by industrial law fall outside civil-court jurisdiction; remedies lie within the forums established by that Act.
Conclusion
Civil courts are the guardians of civil rights. Under Section 9 CPC, they hold jurisdiction over all civil matters unless expressly or implicitly barred. This broad authority ensures justice, fairness, and the protection of individual rights within India’s legal framework.
Learnbymaps
Learnbymaps CPC (Code of Civil Procedure) – Visit Here
Learnbymaps Judiciary – Visit Here