Code of Civil Procedure 1908, Section 9,Courts to try all civil suits unless barred, Code of Civil Procedure 1908.

Code of Civil Procedure 1908

Part I.- Suits in General. Jurisdiction of the Courts and Res judicata

PART I

SUITS IN GENERAL

JURISDICTION OF THL COURTS AND Res Judicata

Courts to try all civil suits unless barred 

Section 9:-

Section 9. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Explanation.- A suit is which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

Explanation, Illustration and Relevant Cases:

Civil Procedure Code (V of 1908)---Section 9--Barring the jurisdiction of Civil Court--Principle of interpretation--Ouster clause in statute--If there is barring provisioon in a statute and special jurisdiction is conferred upon functionaries created under that statute, then tnhey must act within the four corners of statute--Held: Civil Court will act as the Court of corrective process curing the wrongs done by functionary. PLJ 2009 113

Civil Procedure Code (V of 1908), Section 9‑Jurisdiction of Civil Courts‑Nature of suit for determining jurisdiction of Court to be decided on basis of averments in plaint and not on basis of any defence that may be taken up.
It is a well-established principle that the nature of a suit for the purpose of determining jurisdiction has to be decided on the basis of the averments in the plaint and not on the basis of any defence that may be taken up. P L D 1966 1050

Civil Procedure Code (V of 1908), Section. 9-Dispute regarding house in rural area-Dispute entertainable by civil and not revenue Court. 1968 SCMR 836

Civil Procedure Code (V of 1908), Section 9 --Jurisdiction of civil Courts‑Deputy Commissioner conducting recovery proceedings in violation of requirements of substantial justice and in disregard of fundamental principles of judicial procedure‑Civil Court, held, has jurisdiction to examine such cases. P L D 1969 324

Civil Procedure Code (V of 1908)‑‑‑Section 9‑‑‑Civil Court ‑‑‑Jurisdiction‑‑‑Extent‑‑‑Provisions of Section 9, C.P.C. postulate that Civil Court would have jurisdiction to try all suits of civil nature, excepting suits of which cognizance was either expressly or impliedly barred‑‑­Civil Courts thus, have plenary jurisdiction in matters mentioned in Section 9, C.P.C. and their jurisdiction in any particular matter could not be regarded as ousted unless Legislature had in unmistakable language taken away that jurisdiction. 1995 C L C 1982

Civil Procedure Code (V of 1908)---Section 9---Jurisdiction of Civil Court---Extent---Where executive Authority or any quasi-judicial Tribunal acts in excess of jurisdiction or without jurisdiction, Civil Court being Court of general jurisdiction is empowered to examine vires of such orders, even though there is express or implied ouster of jurisdiction of Civil Court. 1995 M L D 45

Civil Procedure Code (V of 1908)---Section 9--Jurisdiction of Civil Court--Question of--Civil Court has the jurisdiction to proceed against trespassers. PLJ 2010 66


Civil Procedure Code (V of 1908)---Section 9--Jurisdiction of tribunal--Special Law Prevails--Determination--Rule of implied bar--Where a special tribunal or a public body is created by or under the authority of an Act of the Legislature for the purpose of determining rights which are the creation of the Act, then jurisdiction of that tribunal or of that body is exclusive and jurisdiction of the Civil Court is barred. PLJ 2007 275