Section 9 of Code of Civil procedure,1908-jurisdiction of Civil Court

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Text of Section 9 of Code of Civil procedure,1908-jurisdiction of Civil Court

1. Section 9 Code of Civil procedure to try all civil suits unless barred shall (subject to the provisions here in contain)have to try all suits excepting suits of which their either 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. 2. Classification of Courts 1.Civil Courts 2.Ciriminal Courts 3. Hierarchy of Courts Supreme Court of Pakistan (Apex court) Federal Shariat Court of Pakistan High 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 4. 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. 5. Classification of Jurisdiction 1.Subject matter Jurisdiction 2.Pecuniary jurisdiction 3.Territorial Jurisdiction 4.Personal Jurisdiction 6. 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 7. 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 1962 Pecuniary 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 8. Personal Jurisdiction By 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 9. Subject matter Jurisdiction It refers to the nature of the claim made and the competency of the court to entertain a claim of such nature 10. 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. 11. 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 rights Examples 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 12. 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 13. 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 14. Absolute Bars 1. 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 15. Absolute Bars 2.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 16. 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 17. Absolute Bar 6.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 18. Absolute Bar 8.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 19. Conditional Bars 1.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 20. Special Bar 1. 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. 21. Other Bars 1. Criminal matters 2. Revenue Matters 3. Family matters 4. Act of state 5. Public Policy 6. Special tribunals 22. THE END