Jurisdiction of Civil Court

Section 9 Code of Civil procedure

Courts to try all civil suits unless barred

“The courts shall (subject to the provisions here in contain)have

jurisdiction to try all suits of civil nature excepting suits of which their

cognizance either expressly or impliedly barred”

Explanation: a suit in which the right to property or to an office is contested is a

suit of civil nature not with standing that such right may depend entirely on the decision of questions as to religious

rites or ceremonies.

Classification of Courts

1.Civil Courts 2.Ciriminal Courts

Hierarchy of Courts Supreme Court of Pakistan (Apex court)Federal Shariat Court of PakistanHigh Courts of Pakistan (one in each province and also

in federal capital)District Courts of Pakistan (one in each district)Judicial Magistrate Courts (with power of Section 30 of

Cr.PC only in criminal trials)[1]

Judicial Magistrate Courts (in every town and city)Executive Magistrate Courts (Summary trial court)Courts of Civil Judge (judges with power of 1st class and

2nd class cases)Anti Terrorism Courts

Jurisdiction

The word jurisdiction signifies the scope of power and authority .Jurisdiction is the extant of the power which is

conferred upon the court by its constitution to try a proceeding .It is a power of a court to hear and determine a cause, to adjudicate

or exercise judicial power in relation to it.

Classification of Jurisdiction

1.Subject matter Jurisdiction2.Pecuniary jurisdiction 3.Territorial Jurisdiction 4.Personal Jurisdiction

Territorial Jurisdiction Territorial jurisdiction is the power of a tribunal or

authority considered with reference to the territory within which is to be exercised.It means the geographical limits within which that authority must act

1. Section 15-19 of the code regulate territorial jurisdiction in respect of dispute concerning immoveable property

2. Section 20 of the code which regulates determination of jurisdiction relating to contract provides that a suit may be instituted where cause of action wholly or partly arises

Pecuinary Jurisdiction A jurisdiction of a court which is fixed by legislative

order,in accordance with the “West Pakistan Civil Courts Ordinance (ii of 1962).It is necessary that court passing the decree must have pecuniary jurisdiction over the consideration being allowed by it.

Determination of pecuniary jurisdiction : Suit Valuation Act 1887 West Pakistan Civil Courts Ordinance ii of 1962Pecuniary Jurisdiction of civil courts:• Jurisdiction of civil judge of 1st class is unlimited regarding

value of the suit• Jurisdiction of Civil judge of 2nd class is limited upto 50,000• Jurisdiction of Civil judge of 3rd class is limited upto 20,000

Personal JurisdictionBy virtue of provisions of section 19 and 20; a

civil court has jurisdiction to entertain suits against a person residing,carring on business or personally working for gain within its territorial limits

Subject matter JurisdictionIt refers to the nature of the claim made and

the competency of the court to entertain a claim of such nature

Suits of a Civil Nature

Disputes may either be of a civil nature or not of a civil nature.This section only empowers a court to entertain actions of a civil

nature.Any proceeding which involves the assertion or enforcement of a civil right is a civil proceeding.A civil proceeding is a process for

recovery of individual right or redress of individual rights.Civil courts have jurisdiction over all suits of a civil nature,unless their cognizance

is either expressely or impliedly barred.A suit of a civil nature is a proceeding ,the object of which is enforcement of rights and

obligations of citizens.

Civil Rights Civil rights are so called as they inhere in a person by virtue of his

being a citizen or a resident of a state.Such rights may be thise existing at common law or those created by statute.Rights vesting in a person by virtue of his belonging to a religious or caste group are as

such not civil rightsExamples of proceedings which will be suits of a civil nature are those

involving: Right to worship

Right to take out procession Right to seek contribution

Right to fishery Enforcement of rights recognised by law as for instance the right

given by the constitution Right to burial

Suit for restitution of conjugal rights Right to recover rent etc

Rational basis of Section 9

The maxim “UBI JUS IBI remedium”(where ever there is a right there is a remedy),it is a fundamental principle of law.Any person having a right has a corresponding remedy to institute suits in a court unless

the jurisdiction of the court is barred.Whenever the object of the proceedings is the enforcement of civil rights, a civil court has

jurisdiction to entertain the suit independently

Bars upon Jurisdiction of Civil Courts

Under Code of Civil procedure following bars are created upon the jurisdiction of civil courts:

• Absolute Bars• Conditional Bars• Special Bars

Absolute Bars1. Res Sub Judice u/s 10:Section 10 prevents a subsequent courts to try

a suit in which the matter directly and substantially in issue, is also directly and substantially in issue, in a former suit between the same parties under the same title and such suit is pending

Absolute Bars2.Res Judicata u/s 11:Where there is a judgement inter parties, it will

prevent a fresh suit between them regarding the same matters

3.Questions to be determined by Court Executing Decree u/s 47:

All questions arising between the parties to the suit in which the decree was passed shall be determined by the court executing decree and not by a seperate suit

Absolute Bar 4.Restitution u/s 144 :No suit shall be instituted for the purpose of

obtaining or other relief,which could be obtained by application

5.Suit to include the whole Claims u/s O.2 Rule 2:

Every suit shall include the whole of claim but where a plaintiff omits to sue,in respect of ,or intentionally relinquishes any portion of his claim,he shall not afterwards sue in respect of the portion so omitted or relinquished

Absolute Bar6.Decree against plaintiff by default Bars

fresh Suit :u/s O.9 rule 9:Where a suit is dismissed due to the default of

the plaintiff then the plaintiff is precluded from bringing a fresh suit, in respect of the same cause of action

7.An Insolvent Person u/O.22 rule 9:An insolvent person is barred from filing a suit

Absolute Bar8.Withdraw of suit or abandonment of part of

claim u/O.23 Rule 1:At any time after the institution of a suit ,the

plaintiff may withdraw his suit or abandon part of his claim,as against all or any of the defendants.No fresh suit can be instituted on the same subject matter or claim as has been with drawn or abandoned

Conditional Bars1.Suit by Allien u/s 83:Alien residing in Pakistan can only sue in the

court of pakistan ,when they get the permission from the federal government

2.Suit by Foreign States u/s 84:A foreign state may sur in any court in pakistan

if it has been recognized by the federal govt

Special Bar1. Suit for Breach of Trust u/s 92:In case of any breach of an express or

constructive trust created for the public purposes of a charitable or religious nature a suit can be filed by the advocate general or two or more person having an interest in the trust and having obtained the consent in writing of the advocate general.

Other Bars1. Criminal matters2. Revenue Matters3. Family matters4. Act of state5. Public Policy6. Special tribunals

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