Bailabel Type : bailable

Description

Section 9 of the Code of Civil Procedure (CPC), 1908, establishes the principle that civil courts have the authority to try all civil suits unless their jurisdiction is specifically barred by law. This section underlines the broad scope of civil court jurisdiction, ensuring that people can approach the court for civil matters unless a specific law excludes the case from being adjudicated in a civil court. It highlights the accessibility of civil courts for the resolution of disputes and sets the boundaries within which courts operate.

Key Features of Section 9 - Courts to Try All Civil Suits Unless Barred:

1. Jurisdiction of Civil Courts:

   • Section 9 empowers civil courts to hear and adjudicate any civil suit unless there is a specific bar created by law. In other words, unless a particular statute expressly excludes the jurisdiction of civil courts, they are deemed to have jurisdiction over all matters of a civil nature.
   • Civil suits involve disputes related to property, contracts, or any legal rights or claims that can be adjudicated through a civil legal process.

2. Civil Nature of the Dispute:

   • This section applies to matters that are of a civil nature. A civil suit refers to a dispute between individuals or entities regarding rights, obligations, or relationships under the law, which are not criminal in nature.
   • Examples of civil suits include:
     • Property disputes.
     • Breach of contract claims.
     • Tortious claims (e.g., negligence, defamation).
     • Succession disputes, and family law matters (such as divorce, maintenance, and inheritance).
   • However, criminal matters (such as theft, assault, etc.) or disputes that fall under the exclusive jurisdiction of specialized courts (like tax matters or family courts) are not within the scope of this provision.

3. Exceptions to Civil Court Jurisdiction:

   • While Section 9 grants civil courts general jurisdiction, there are instances where this jurisdiction is excluded. Some examples include:
     • Specific enactments: Certain laws may create specialized tribunals or courts to handle specific types of disputes. For instance:
       • Tax laws may designate tax tribunals to handle disputes related to taxes, thereby excluding civil courts from hearing those matters.
       • Family courts deal with matters related to marriage, divorce, and child custody, which are excluded from regular civil court jurisdiction.
     • Public offices: Laws relating to public service, such as challenges to the appointment or removal of civil servants, may not be heard in regular civil courts.
     • Court orders: Certain matters, such as challenges to an arbitral award, may be subject to specialized courts or procedures under different laws, such as the Arbitration and Conciliation Act, which may exclude civil courts from hearing those disputes.

4. The Role of Civil Courts in Dispute Resolution:

   • Section 9 affirms that the role of the civil court is to provide a forum for resolving civil disputes unless specifically excluded. The civil court will assess whether a suit is within its jurisdiction and will determine if the matter falls under its general powers or if it is barred by law.
   • Civil courts are expected to provide fair trial procedures, where parties can present evidence, file claims, and seek remedies based on contractual, tortious, or other civil rights.

5. Wide-Ranging Impact:

   • This section is fundamental because it maintains the authority and reach of civil courts in handling disputes of a civil nature. It ensures that individuals have access to justice, as the jurisdiction of civil courts cannot be easily taken away without clear legislative intervention.

   • It is also worth noting that, even if the matter seems to fall within the scope of another forum, civil courts have the final say in determining whether they have jurisdiction over the suit. Courts ensure that access to justice is not hindered by unnecessary jurisdictional barriers.

6. Resolution of Jurisdictional Questions:

   • Section 9 also allows the court to address and determine jurisdictional issues. If a party disputes whether a civil suit should be heard in a civil court, the court will assess whether the matter falls under its jurisdiction.
   • If a matter is barred by law, the civil court must dismiss the suit for lack of jurisdiction. This could happen if the matter should be heard by a tribunal or a specialized forum.

Punishment

While Section 9 itself does not prescribe punishments for any violation, it lays out the jurisdictional principles for civil suits. However, the following punishments or consequences may arise in connection with civil suits in general under the CPC:

1. Dismissal for Lack of Jurisdiction:

   • If a civil suit is filed in a court without jurisdiction, the court will dismiss the case. The party who files the suit in the wrong court might face delays, additional legal costs, and potential wasted time. While no formal punishment is meted out, the dismissal of the case can be seen as a penalty for incorrect procedural actions.

2. Failure to Comply with Court Orders:

   • If a party fails to comply with an order of the civil court, such as not appearing for hearings or failing to implement a court order (e.g., paying a debt), the court may impose penalties:
     • Imprisonment: For willful defiance of a court order, the party may be held in contempt of court and may be imprisoned until compliance.
     • Attachment of Property: A civil court may issue an order to attach and sell the party's property to recover any amounts owed under the court’s judgment.
     • Monetary Fines: The court may also fine the party for non-compliance with its orders.

3. Contempt of Court:

   • In situations where a party willfully disobeys the civil court’s orders, they may be charged with contempt of court. This can result in:
     • Fines.
     • Imprisonment.
     • Injunctions or orders prohibiting further disobedience.
     • Attachment of assets to compel compliance with the court's orders.

4. Frivolous or Vexatious Litigation:

   • Filing a frivolous suit without merit or purpose (intended to harass or delay the opposing party) may result in cost penalties for the party bringing the suit. The court may:
     • Dismiss the suit.
     • Order the party bringing the suit to pay the costs incurred by the other party.