Section 9 of the Civil Procedure Code (CPC) of India deals with the jurisdiction of civil courts. It states that the jurisdiction of a civil court is determined by the value of the subject matter in dispute, the place where the cause of action arises, and the place where the defendant resides or carries on business.
Under this section, the value of the subject matter in dispute determines the jurisdiction of the court. For instance, if the value of the subject matter in dispute is less than INR 20,000, the jurisdiction would lie with the small causes court. If the value of the subject matter in dispute is between INR 20,000 and INR 50,000, the jurisdiction would lie with the district court. And if the value of the subject matter in dispute is more than INR 50,000, the jurisdiction would lie with the high court.
The place where the cause of action arises is another factor that determines the jurisdiction of the court. The cause of action refers to the event or set of circumstances that gives rise to a legal claim. For example, if the cause of action arises within the jurisdiction of a particular court, that court will have the jurisdiction to hear the case.
Finally, the place where the defendant resides or carries on business is also a factor that determines the jurisdiction of the court. If the defendant resides or carries on business within the jurisdiction of a particular court, that court will have the jurisdiction to hear the case.
In summary, section 9 of the CPC determines the jurisdiction of civil courts in India based on the value of the subject matter in dispute, the place where the cause of action arises, and the place where the defendant resides or carries on business. It is an important provision that helps ensure that cases are heard by the appropriate court, and that justice is dispensed efficiently and effectively.
Section 9 of Civil Procedure Code
Explaining Suits of Civil Nature All civil suits do not necessarily amount that they are also suit of civil nature. Civil courts have the jurisdiction to decide on whether tribunal, quasi-judicial bodies, or statutory authorities operate within its jurisdiction. Suits by a witness to recover money agreed to be paid to him in consideration of his giving evidence, suits on agreements void on grounds of public policy, e. So also a suit for declaration of the validity of election as municipal commissioner is one of a civil nature cognizable by the civil courts. Kaiser Aluminum Technical services Inc. Held, that permissive possession before dismissal of that suit and as such earlier decree will operate as res Judicata in subsequent suit.
Section 9 of the Civil Procedure Code
Jurisdiction of civil court: Where the right claimed is not purely a creature of a statute, but is a common law right and the statute entrusting the special tribunal with certain disputes relating to the right does not expressly oust the jurisdiction of the civil court wholly and the language of the statute does not in unmistakable terms make out that the right must only be exercised or enforced in a manner provided by the statute, the jurisdiction will not be barred. Â Â Â Â Illustration: Â If A and B enter into a contract of smuggling drugs A defaults B, B files a suit in the court which would dismiss the case as because the object was unlawful the court is barred from trying such suits. For purposes of this subdivision,? The authors end by providing their own insight and comments on the section. Jurisdiction and Res-judicata Section 9 of the Civil Procedure Code gives civil courts the power to try all the civil suits unless expressly barred. The ecclesiastical courts are peculiar to England. The court should have sole jurisdiction over the case. Tobacco is bought and sold for the purposes of smoking, eating, and preparing bidis.
